[117th Congress Public Law 263]
[From the U.S. Government Publishing Office]
[[Page 136 STAT. 2395]]
Public Law 117-263
117th Congress
An Act
To authorize appropriations for fiscal year 2023 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. <<NOTE: Dec. 23,
2022 - [H.R. 7776]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023.>>
SECTION 1. SHORT TITLE.
(a) In General.--This Act may be cited as the ``James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023''.
(b) <<NOTE: 10 USC 101 note.>> References.--Any reference in this
or any other Act to the ``National Defense Authorization Act for Fiscal
Year 2023'' shall be deemed to be a reference to the ``James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into 11 divisions as follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(4) Division D--Funding Tables.
(5) Division E--Non-Department of Defense Matters.
(6) Division F--Intelligence Authorization Act for Fiscal
Year 2023.
(7) Division G--Homeland Security.
(8) Division H--Water Resources.
(9) Division I--Department of State Authorizations.
(10) Division J--Oceans and Atmosphere.
(11) Division K--Don Young Coast Guard Authorization Act of
2022.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Sec. 4. Budgetary effects of this Act.
Sec. 5. Explanatory statement.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Authorization of appropriations.
[[Page 136 STAT. 2396]]
Subtitle B--Army Programs
Sec. 111. Limitations on production of Extended Range Cannon Artillery
howitzers.
Subtitle C--Navy Programs
Sec. 121. Requirements relating to EA-18G aircraft of the Navy.
Sec. 122. Navy shipbuilding workforce development special incentive.
Sec. 123. Extension of prohibition on availability of funds for Navy
port waterborne security barriers.
Sec. 124. Limitation on authority to modify capabilities and fleet
configuration of E-6B aircraft.
Sec. 125. Multiyear procurement authority for Arleigh Burke class
destroyers.
Sec. 126. Procurement authority for Ship-to-Shore Connector program.
Sec. 127. Procurement authority for CH-53K heavy lift helicopter
program.
Sec. 128. Procurement authorities for John Lewis-class fleet
replenishment oiler ships.
Sec. 129. Procurement authorities for certain amphibious shipbuilding
programs.
Sec. 130. Contracts for design and construction of the DDG(X) destroyer
program.
Sec. 131. Tomahawk and Standard Missile-6 capability on FFG-62 class
vessels.
Sec. 132. Report on advance procurement for CVN-82 and CVN-83.
Sec. 133. Quarterly briefings on the CH-53K King Stallion helicopter
program.
Subtitle D--Air Force Programs
Sec. 141. Modification of inventory requirements for aircraft of the
combat air forces.
Sec. 142. Inventory and other requirements relating to air refueling
tanker aircraft.
Sec. 143. Requirements relating to F-22 aircraft.
Sec. 144. Modification of exception to prohibition on certain reductions
to B-1 bomber aircraft squadrons.
Sec. 145. Repeal of Air Force E-8C force presentation requirement.
Sec. 146. Minimum inventory of C-130 aircraft.
Sec. 147. Prohibition on availability of funds for retirement of C-40
aircraft.
Sec. 148. Prohibition on availability of funds for termination of
production lines for HH-60W aircraft.
Sec. 149. Prohibition on certain reductions to inventory of E-3 airborne
warning and control system aircraft.
Sec. 150. Limitation on divestment of F-15 aircraft.
Sec. 151. Authority to procure upgraded ejection seats for certain T-38A
aircraft.
Sec. 152. Procurement authority for digital mission operations platform
for the Space Force.
Sec. 153. Digital transformation commercial software acquisition.
Sec. 154. Requirements study and strategy for the combat search and
rescue mission of the Air Force.
Sec. 155. Plan for transfer of KC-135 aircraft to the Air National
Guard.
Sec. 156. Annual reports on T-7A Advanced Pilot Training System.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 161. Increase in Air Force and Navy use of used commercial dual-use
parts in certain aircraft and engines.
Sec. 162. Assessment and strategy for fielding capabilities to counter
threats posed by unmanned aerial system swarms.
Sec. 163. Assessment and report on military rotary wing aircraft
industrial base.
Sec. 164. Comptroller General audit of efforts to modernize the
propulsion, power, and thermal management systems of F-35
aircraft.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Modification of cooperative research and development project
authority.
Sec. 212. Clarification of role of senior official with principal
responsibility for artificial intelligence and machine
learning.
Sec. 213. Inclusion of Office of Under Secretary of Defense for Research
and Engineering in personnel management authority to attract
experts in science and engineering.
Sec. 214. Modification of limitation on cancellation of designation of
Executive Agent for a certain Defense Production Act program.
Sec. 215. Support for research and development of bioindustrial
manufacturing processes.
[[Page 136 STAT. 2397]]
Sec. 216. Air-breathing and rocket booster testing capacity upgrades to
support critical hypersonic weapons development.
Sec. 217. Competitively awarded demonstrations and tests of
electromagnetic warfare technology.
Sec. 218. Administration of the Advanced Sensor Applications Program.
Sec. 219. Quantifiable assurance capability for security of
microelectronics.
Sec. 220. Government-Industry-Academia Working Group on
Microelectronics.
Sec. 221. Target date for deployment of 5G wireless broadband
infrastructure at all military installations.
Sec. 222. Outreach to historically Black colleges and universities and
other minority-serving institutions regarding National
Security Innovation Network programs that promote
entrepreneurship and innovation at institutions of higher
education.
Sec. 223. Report and pilot program based on recommendations regarding
defense research capacity at historically Black colleges and
universities and other minority-serving institutions.
Sec. 224. Pilot program to support the development of patentable
inventions in the Department of the Navy.
Sec. 225. Pilot program to facilitate the development of battery
technologies for warfighters.
Subtitle C--Plans, Reports, and Other Matters
Sec. 231. Modification to annual reports of the Director of Operational
Test and Evaluation.
Sec. 232. Extension of requirement for quarterly briefings on strategy
for fifth generation information and communications
technologies.
Sec. 233. Plan for investments to support the development of novel
processing approaches for defense applications.
Sec. 234. Plans to accelerate the transition to 5G information and
communications technology within the military departments.
Sec. 235. Plan for Defense Advanced Research Projects Agency Innovation
Fellowship Program.
Sec. 236. Strategy and plan for fostering and strengthening the defense
innovation ecosystem.
Sec. 237. Assessment and strategy relating to hypersonic testing
capacity of the Department of Defense.
Sec. 238. Annual report on studies and reports of federally funded
research and development centers.
Sec. 239. Report on recommendations from Army Futures Command Research
Program Realignment Study.
Sec. 240. Report on potential for increased utilization of the
Electronic Proving Grounds testing range.
Sec. 241. Study on costs associated with underperforming software and
information technology.
Sec. 242. Study and report on sufficiency of operational test and
evaluation resources supporting certain major defense
acquisition programs.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Center for Excellence in Environmental Security.
Sec. 312. Participation in pollutant banks and water quality trading.
Sec. 313. Consideration under Defense Environmental Restoration Program
for State-owned facilities of the National Guard with proven
exposure of hazardous substances and waste.
Sec. 314. Renewal of annual environmental and energy reports of
Department of Defense.
Sec. 315. Aggregation of energy conservation measures and funding.
Sec. 316. Additional special considerations for energy performance goals
and energy performance master plan.
Sec. 317. Purchase or lease of electric, zero emission, advanced-
biofuel-powered, or hydrogen-powered vehicles for the
Department of Defense.
Sec. 318. Clarification and requirement for Department of Defense
relating to renewable biomass and biogas.
Sec. 319. Programs of military departments on reduction of fuel reliance
and promotion of energy-aware behaviors.
Sec. 320. Establishment of joint working group to determine joint
requirements for future operational energy needs of
Department of Defense.
[[Page 136 STAT. 2398]]
Sec. 321. Amendment to budgeting of Department of Defense relating to
extreme weather.
Sec. 322. Prototype and demonstration projects for energy resilience at
certain military installations.
Sec. 323. Pilot program for development of electric vehicle charging
solutions to mitigate grid stress.
Sec. 324. Pilot program on use of sustainable aviation fuel.
Sec. 325. Policy to increase disposition of spent advanced batteries
through recycling.
Sec. 326. Guidance and target goal relating to formerly used defense
sites programs.
Sec. 327. Analysis and plan for addressing heat island effect on
military installations.
Sec. 328. Limitation on replacement of non-tactical vehicle fleet of
Department of Defense with electric vehicles, advanced-
biofuel-powered vehicles, or hydrogen-powered vehicles.
Subtitle C--Red Hill Bulk Fuel Storage Facility
Sec. 331. Defueling of Red Hill Bulk Fuel Storage Facility.
Sec. 332. Authorization of closure of underground storage tank system at
Red Hill Bulk Fuel Storage Facility.
Sec. 333. Report on bulk fuel requirements applicable to United States
Indo-Pacific Command.
Sec. 334. Placement of sentinel or monitoring wells in proximity to Red
Hill Bulk Fuel Storage Facility.
Sec. 335. Studies relating to water needs of the Armed Forces on Oahu.
Sec. 336. Study on alternative uses for Red Hill Bulk Fuel Storage
Facility.
Sec. 337. Briefing on Department of Defense efforts to track health
implications of fuel leaks at Red Hill Bulk Fuel Storage
Facility.
Subtitle D--Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl
Substances
Sec. 341. Department of Defense research relating to perfluoroalkyl or
polyfluoroalkyl substances.
Sec. 342. Increase of transfer authority for funding of study and
assessment on health implications of per- and polyfluoroalkyl
substances contamination in drinking water by Agency for
Toxic Substances and Disease Registry.
Sec. 343. Prizes for development of non-PFAS-containing turnout gear.
Sec. 344. Modification of limitation on disclosure of results of testing
for perfluoroalkyl or polyfluoroalkyl substances on private
property.
Sec. 345. Restriction on procurement or purchasing by Department of
Defense of turnout gear for firefighters containing
perfluoroalkyl substances or polyfluoroalkyl substances.
Sec. 346. Annual report on PFAS contamination at certain military
installations from sources other than aqueous film-forming
foam.
Sec. 347. Report on critical PFAS uses; briefings on Department of
Defense procurement of certain items containing PFOS or PFOA.
Subtitle E--Logistics and Sustainment
Sec. 351. Resources required for achieving materiel readiness metrics
and objectives for major defense acquisition programs.
Sec. 352. Annual plan for maintenance and modernization of naval
vessels.
Sec. 353. Inclusion of information regarding joint medical estimates in
readiness reports.
Sec. 354. Inapplicability of advance billing dollar limitation for
relief efforts following major disasters or emergencies.
Sec. 355. Repeal of Comptroller General review on time limitations on
duration of public-private competitions.
Sec. 356. Implementation of Comptroller General recommendations
regarding Shipyard Infrastructure Optimization Plan of the
Navy.
Sec. 357. Limitation on availability of funds for military information
support operations.
Sec. 358. Notification of modification to policy regarding retention
rates for Navy ship repair contracts.
Sec. 359. Research and analysis on capacity of private shipyards in
United States and effect of those shipyards on Naval fleet
readiness.
Sec. 360. Independent study relating to fuel distribution logistics
across United States Indo-Pacific Command.
Sec. 361. Quarterly briefings on expenditures for establishment of fuel
distribution points in United States Indo-Pacific Command
area of responsibility.
Subtitle F--Matters Relating to Depots and Ammunition Production
Facilities
Sec. 371. Budgeting for depot and ammunition production facility
maintenance and repair: annual report.
[[Page 136 STAT. 2399]]
Sec. 372. Extension of authorization of depot working capital funds for
unspecified minor military construction.
Sec. 373. Five-year plans for improvements to depot and ammunition
production facility infrastructure.
Sec. 374. Modification to minimum capital investment for certain depots.
Sec. 375. Continuation of requirement for biennial report on core depot-
level maintenance and repair.
Sec. 376. Continuation of requirement for annual report on funds
expended for performance of depot-level maintenance and
repair workloads.
Sec. 377. Clarification of calculation for certain workload carryover of
Department of the Army.
Subtitle G--Other Matters
Sec. 381. Annual reports by Deputy Secretary of Defense on activities of
Joint Safety Council.
Sec. 382. Accountability for Department of Defense contractors using
military working dogs.
Sec. 383. Membership of Coast Guard on Joint Safety Council.
Sec. 384. Inclusion in report on unfunded priorities National Guard
responsibilities in connection with natural and man-made
disasters.
Sec. 385. Support for training of National Guard personnel on wildfire
prevention and response.
Sec. 386. Interagency collaboration and extension of pilot program on
military working dogs and explosives detection.
Sec. 387. Amendment to the Sikes Act.
Sec. 388. National standards for Federal fire protection at military
installations.
Sec. 389. Pilot programs for tactical vehicle safety data collection.
Sec. 390. Requirements relating to reduction of out-of-pocket costs of
members of the Armed Forces for uniform items.
Sec. 391. Implementation of recommendations relating to animal facility
sanitation and plan for housing and care of horses.
Sec. 392. Continued designation of Secretary of the Navy as executive
agent for Naval Small Craft Instruction and Technical
Training School.
Sec. 393. Prohibition on use of funds for retirement of legacy maritime
mine countermeasures platforms.
TITLE IV--MILITARY PERSONNEL AUTHORIZATION
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. End strength level matters.
Sec. 403. Additional authority to vary Space Force end strength.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Authorized strengths for Space Force officers on active duty
in grades of major, lieutenant colonel, and colonel.
Sec. 502. Distribution of commissioned officers on active duty in
general officer and flag officer grades.
Sec. 503. Redistribution of Naval officers serving on active duty in the
grades of O-8 and O-9.
Sec. 504. Authorized strength after December 31, 2022: general officers
and flag officers on active duty.
Sec. 505. Extension of grade retention for certain officers awaiting
retirement.
Sec. 506. Exclusion of officers serving as lead special trial counsel
from limitations on authorized strengths for general and flag
officers.
Sec. 507. Constructive service credit for certain officers of the Armed
Forces.
Sec. 508. Improvements to the selection of warrant officers in the
military departments for promotion.
Sec. 509. Advice and consent requirement for waivers of mandatory
retirement for Superintendents of military service academies.
[[Page 136 STAT. 2400]]
Sec. 509A. Modification of reports on Air Force personnel performing
duties of a Nuclear and Missile Operations Officer (13N).
Sec. 509B. Assessments of staffing in the Office of the Secretary of
Defense and other Department of Defense headquarters offices.
Sec. 509C. GAO review of certain officer performance evaluations.
Sec. 509D. Study of chaplains.
Subtitle B--Reserve Component Management
Sec. 511. Inclusion of additional information on the Senior Reserve
Officers' Training Corps in reports accompanying the national
defense strategy.
Sec. 512. Expansion of eligibility to serve as an instructor in the
Junior Reserve Officers' Training Corps.
Sec. 513. Backdating of effective date of rank for reserve officers in
the National Guard due to undue delays in Federal
recognition.
Sec. 514. Inspections of the National Guard.
Sec. 515. Authority to waive requirement that performance of Active
Guard and Reserve duty at the request of a Governor may not
interfere with certain duties.
Sec. 516. Continued National Guard support for FireGuard program.
Sec. 517. Enhancement of National Guard Youth Challenge Program.
Sec. 518. Notice to Congress before certain actions regarding units of
certain reserve components.
Sec. 519. Independent study on Federal recognition of National Guard
officers.
Sec. 519A. Review and update of report on geographic dispersion of
Junior Reserve Officers' Training Corps.
Sec. 519B. Briefing on duties of the Army Interagency Training and
Education Center.
Subtitle C--General Service Authorities and Military Records
Sec. 521. Consideration of adverse information by special selection
review boards.
Sec. 522. Expansion of eligibility for direct acceptance of gifts by
members of the Armed Forces and Department of Defense and
Coast Guard employees and their families.
Sec. 523. Limitation of extension of period of active duty for a member
who accepts a fellowship, scholarship, or grant.
Sec. 524. Expansion of mandatory characterizations of administrative
discharges of certain members on the basis of failure to
receive COVID-19 vaccine.
Sec. 525. Rescission of COVID-19 vaccination mandate.
Sec. 526. Temporary exemption from end strength grade restrictions for
the Space Force.
Sec. 527. Notification to next of kin upon the death of a member of the
Armed Forces: study; update; training; report.
Sec. 528. Gender-neutral fitness physical readiness standards for
military occupational specialties of the Army.
Sec. 529. Recurring report regarding COVID-19 mandate.
Sec. 530. Sense of Congress regarding women involuntarily separated from
the Armed Forces due to pregnancy or parenthood.
Subtitle D--Recruitment and Retention
Sec. 531. Treatment of personally identifiable information regarding
prospective recruits.
Sec. 532. Revival and extension of temporary authority for targeted
recruitment incentives.
Sec. 533. Report on recruiting efforts of certain Armed Forces.
Sec. 534. Review of marketing and recruiting of the Department of
Defense.
Sec. 535. Report on Department of Defense recruitment advertising to
racial and ethnic minority communities.
Sec. 536. Improving oversight of military recruitment practices in
public secondary schools.
Sec. 537. Best practices for the retention of certain female members of
the Armed Forces.
Sec. 538. Review of certain personnel policies of special operations
forces.
Sec. 539. Support for members who perform duties regarding remotely
piloted aircraft: study; report.
Sec. 539A. Retention and recruitment of members of the Army who
specialize in air and missile defense systems.
Subtitle E--Military Justice and Other Legal Matters
Sec. 541. Matters in connection with special trial counsel.
Sec. 542. Technical corrections relating to special trial counsel.
Sec. 543. Randomization of court-martial panels.
[[Page 136 STAT. 2401]]
Sec. 544. Jurisdiction of Courts of Criminal Appeals.
Sec. 545. Special trial counsel of the Department of the Air Force.
Sec. 546. Independent investigation of sexual harassment.
Sec. 547. Primary prevention research agenda and workforce.
Sec. 548. Limitation on availability of funds for relocation of Army CID
special agent training course.
Sec. 549. Review of titling and indexing practices of the Army and
certain other organizations.
Sec. 549A. Briefing and report on resourcing required for implementation
of military justice reform.
Sec. 549B. Report on sharing information with counsel for victims of
offenses under the Uniform Code of Military Justice.
Sec. 549C. Dissemination of civilian legal services information.
Subtitle F--Member Education
Sec. 551. Authorization of certain support for military service academy
foundations.
Sec. 552. Individuals from the District of Columbia who may be
considered for appointment to military service academies.
Sec. 553. Agreement by a cadet or midshipman to play professional sport
constitutes a breach of agreement to serve as an officer.
Sec. 554. Naval Postgraduate School and United States Air Force
Institute of Technology: terms of Provosts and Chief Academic
Officers.
Sec. 555. Naval Postgraduate School: attendance by enlisted members.
Sec. 556. Modification of annual report on demographics of military
service academy applicants.
Sec. 557. Study and report on professional military education.
Sec. 558. Report on treatment of China in curricula of professional
military education.
Subtitle G--Member Training and Transition
Sec. 561. Codification of Skillbridge program.
Sec. 562. Pilot program on remote personnel processing in the Army.
Sec. 563. Annual report on members separating from active duty who file
claims for disability benefits.
Sec. 564. Female members of certain Armed Forces and civilian employees
of the Department of Defense in STEM.
Subtitle H--Military Family Readiness and Dependents' Education
Sec. 571. Clarification and expansion of authorization of support for
chaplain-led programs for members of the Armed Forces.
Sec. 572. Pilot program to expand eligibility for enrollment at domestic
dependent elementary and secondary schools: extension;
report.
Sec. 573. Commercial air waiver for next of kin regarding transportation
of remains of casualties.
Sec. 574. Certain assistance to local educational agencies that benefit
dependents of military and civilian personnel.
Sec. 575. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces with enrollment
changes due to base closures, force structure changes, or
force relocations.
Sec. 576. Pilot program on hiring of special needs inclusion
coordinators for Department of Defense child development
centers.
Sec. 577. Promotion of certain child care assistance.
Sec. 578. Industry roundtable on military spouse hiring.
Sec. 579. Recommendations for the improvement of the Military Interstate
Children's Compact.
Sec. 579A. Feasibility of inclusion of au pairs in pilot program to
provide financial assistance to members of the Armed Forces
for in-home child care.
Sec. 579B. Briefing on policies regarding single parents serving as
members of the Armed Forces.
Sec. 579C. Public reporting on certain military child care programs.
Sec. 579D. Briefing on verification of eligible federally connected
children for purposes of Federal impact aid programs.
Sec. 579E. Sense of Congress on rights of parents of children attending
schools operated by the Department of Defense Education
Activity.
Subtitle I--Decorations, Awards, and Other Honors
Sec. 581. Clarification of procedure for boards for the correction of
military records to review determinations regarding certain
decorations.
Sec. 582. Authorizations for certain awards.
Sec. 583. Posthumous appointment of Ulysses S. Grant to grade of General
of the Armies of the United States.
[[Page 136 STAT. 2402]]
Sec. 584. Enhanced information related to awarding of the Purple Heart.
Subtitle J--Miscellaneous Reports and Other Matters
Sec. 591. Report on non-citizen members of the Armed Forces.
Sec. 592. Notification on manning of afloat naval forces: modifications;
codification.
Sec. 593. Clarification of authority of NCMAF to update Chaplains Hill
at Arlington National Cemetery.
Sec. 594. Disinterment of remains of Andrew Chabrol from Arlington
National Cemetery.
Sec. 595. Pilot program on safe storage of personally owned firearms.
Sec. 596. Pilot program on car sharing on remote or isolated military
installations.
Sec. 597. Briefing on the effects of economic inflation on members of
the Armed Forces.
Sec. 598. Study on improvement of access to voting for members of the
Armed Forces overseas.
Sec. 599. Report on incidence of military suicides by military job code.
Sec. 599A. Report on efforts to prevent and respond to deaths by suicide
in the Navy.
Sec. 599B. Report on officer personnel management and the development of
the professional military ethic of the Space Force.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Bonus and Incentive Pays
Sec. 601. One-year extension of certain expiring bonus and special pay
authorities.
Sec. 602. Increase to maximum amounts of certain bonus and special pay
authorities.
Sec. 603. Cold weather duty: authorization of assignment or special duty
pay; travel allowance for members of the Armed Forces
assigned to Alaska.
Sec. 604. Air Force rated officer retention demonstration program.
Subtitle B--Allowances Other Than Travel and Transportation Allowances
Sec. 611. Increases in maximum allowable income for purposes of
eligibility for basic needs allowance.
Sec. 612. Extension of authority to temporarily adjust basic allowance
for housing in certain areas.
Sec. 613. Temporary continuation of rate of basic allowance for housing
for members of the Armed Forces whose sole dependent dies
while residing with the member.
Sec. 614. Basic allowance for housing for members without dependents
when home port change would financially disadvantage member.
Sec. 615. Revival and redesignation of provision establishing benefits
for certain members assigned to the Defense Intelligence
Agency.
Sec. 616. Extension of one-time uniform allowance for officers who
transfer to the Space Force.
Sec. 617. OCONUS cost of living allowance: adjustments; notice to
certain congressional committees.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Allowable travel and transportation allowances: complex
overhaul.
Sec. 622. Expansion of authority to reimburse a member of the uniformed
services for spousal business costs arising from a permanent
change of station.
Sec. 623. Extension of authority to reimburse members for spouse
relicensing costs pursuant to a permanent change of station.
Sec. 624. Reimbursement of a member of the uniformed services for costs
to relocate a pet that arise from a permanent change of
station.
Sec. 625. Travel and transportation allowances for certain members of
the Armed Forces who attend a professional military education
institution or training classes.
Sec. 626. Conforming amendments to update references to travel and
transportation authorities.
Sec. 627. Pilot program to reimburse members of the Armed Forces for
certain child care costs incident to a permanent change of
station or assignment.
Subtitle D--Leave
Sec. 631. Technical amendments to leave entitlement and accumulation.
Sec. 632. Modification of authority to allow members of the Armed Forces
to accumulate leave in excess of 60 days.
Sec. 633. Convalescent leave for a member of the Armed Forces.
Subtitle E--Family and Survivor Benefits
Sec. 641. Claims relating to the return of personal effects of a
deceased member of the Armed Forces.
[[Page 136 STAT. 2403]]
Sec. 642. Extension of parent fee discount to child care employees.
Sec. 643. Survivor Benefit Plan open season.
Sec. 644. Military installations with limited child care: briefing.
Sec. 645. Food insecurity among military families: data collection;
training; report.
Subtitle F--Defense Resale Matters
Sec. 651. Prohibition of the sale of certain goods from the Xinjiang
Uyghur Autonomous Region in commissaries and exchanges.
Subtitle G--Miscellaneous Studies, Briefings and Reports
Sec. 661. Study on basic pay.
Sec. 662. Report on accuracy of basic allowance for housing.
Sec. 663. Review of dislocation and relocation allowances.
Sec. 664. Complex overhaul pay: briefing.
Sec. 665. Studies on compensation for DOD child care providers.
Sec. 666. Barriers to home ownership for members of the Armed Forces:
study; report.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Improvements to TRICARE dental program.
Sec. 702. Health benefits for members of the National Guard following
required training or other duty to respond to a national
emergency.
Sec. 703. Improvement of referrals for specialty care under TRICARE
Prime during permanent changes of station.
Sec. 704. Confidentiality requirements for mental health care services
for members of the Armed Forces.
Sec. 705. Audit of behavioral health care network providers listed in
TRICARE directory.
Sec. 706. Independent analysis of quality and patient safety review
process under direct care component of TRICARE program.
Sec. 707. Study on providing benefits under TRICARE Reserve Select and
TRICARE dental program to members of the Selected Reserve and
dependents thereof.
Sec. 708. GAO study on certain contracts relating to TRICARE program and
oversight of such contracts.
Sec. 709. GAO study on coverage of mental health services under TRICARE
program and relationship to certain mental health parity
laws.
Subtitle B--Health Care Administration
Sec. 711. Accountability for wounded warriors undergoing disability
evaluation.
Sec. 712. Inclusion of level three trauma care capabilities in
requirements for medical centers.
Sec. 713. Centers of excellence for specialty care in military health
system.
Sec. 714. Maintenance of Core Casualty Receiving Facilities to improve
medical force readiness.
Sec. 715. Congressional notification requirement to modify scope of
services provided at military medical treatment facilities.
Sec. 716. Improvements to processes to reduce financial harm caused to
civilians for care provided at military medical treatment
facilities.
Sec. 717. Authority to carry out studies and demonstration projects
relating to delivery of health and medical care through use
of other transaction authority.
Sec. 718. Licensure requirement for certain health-care professionals
providing services as part of mission relating to emergency,
humanitarian, or refugee assistance.
Sec. 719. Authorization of permanent program to improve opioid
management in the military health system.
Sec. 720. Modification of requirement to transfer research and
development and public health functions to Defense Health
Agency.
Sec. 721. Access to certain dependent medical records by remarried
former spouses.
Sec. 722. Authority for Department of Defense program to promote early
literacy among certain young children.
Sec. 723. Plan for Accountable Care Organization demonstration.
Sec. 724. Feasibility study and plan on establishing a Military Health
System Medical Logistics Directorate and Military Health
System Education and Training Directorate.
Subtitle C--Reports and Other Matters
Sec. 731. Briefing and report on reduction or realignment of military
medical manning and medical billets.
[[Page 136 STAT. 2404]]
Sec. 732. Independent analysis of Department of Defense Comprehensive
Autism Care Demonstration program.
Sec. 733. Clarification of membership requirements and compensation
authority for independent suicide prevention and response
review committee.
Sec. 734. Termination of veterans' advisory board on radiation dose
reconstruction.
Sec. 735. Brain health initiative of Department of Defense.
Sec. 736. Establishment of partnership program between United States and
Ukraine for military trauma care and research.
Sec. 737. Improvements relating to behavioral health care available
under military health system.
Sec. 738. Certification program in provision of mental health services
to members of the Armed Forces and military families.
Sec. 739. Standardization of policies relating to service in Armed
Forces by individuals diagnosed with HBV.
Sec. 740. Suicide cluster: standardized definition for use by Department
of Defense; congressional notification.
Sec. 741. Limitation on reduction of military medical manning end
strength: certification requirement and other reforms.
Sec. 742. Feasibility study on establishment of Department of Defense
internship programs relating to civilian behavioral health
providers.
Sec. 743. Updates to prior feasibility studies on establishment of new
command on defense health.
Sec. 744. Capability assessment and action plan with respect to effects
of exposure to open burn pits and other environmental
hazards.
Sec. 745. Kyle Mullen Navy SEAL medical training review.
Sec. 746. Reports on composition of medical personnel of each military
department and related matters.
Sec. 747. Report on effects of low recruitment and retention on
operational tempo and physical and mental health of members
of the Armed Forces.
Sec. 748. Guidance for addressing healthy relationships and intimate
partner violence through TRICARE Program.
Sec. 749. Briefing on suicide prevention reforms for members of the
Armed Forces.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Writing award to encourage curiosity and persistence in
overcoming obstacles in acquisition.
Sec. 802. Task and delivery order contracting for architectural and
engineering services.
Sec. 803. Data requirements for commercial products for major weapon
systems.
Sec. 804. Revision of authority for procedures to allow rapid
acquisition and deployment of capabilities needed under
specified high-priority circumstances.
Sec. 805. Treatment of certain clauses implementing Executive orders.
Sec. 806. Life cycle management and product support.
Sec. 807. Amendments to contractor employee protections from reprisal
for disclosure of certain information.
Sec. 808. Use of fixed-price type contracts for certain major defense
acquisition programs.
Sec. 809. Acquisition reporting system.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Inclusion in budget justification materials of enhanced
reporting on proposed cancellations and modifications to
multiyear contracts.
Sec. 812. Comptroller General assessment of acquisition programs and
related efforts.
Sec. 813. Extension of Defense Modernization Account authority.
Sec. 814. Clarification to fixed-price incentive contract references.
Sec. 815. Modification of reporting requirement in connection with
requests for multiyear procurement authority for large
defense acquisitions.
Sec. 816. Modification of provision relating to determination of certain
activities with unusually hazardous risks.
Sec. 817. Modification to prohibition on operation or procurement of
foreign-made unmanned aircraft systems.
Sec. 818. Extension of pilot program to accelerate contracting and
pricing processes.
Sec. 819. Extension of pilot program for distribution support and
services for weapons systems contractors.
Sec. 820. Extension and modification of Never Contract with the Enemy.
[[Page 136 STAT. 2405]]
Sec. 821. Repeal of requirement for Inspector General of the Department
of Defense to conduct certain reviews.
Sec. 822. Modification of contracts to provide extraordinary relief due
to inflation impacts.
Subtitle C--Provisions Relating to Acquisition Workforce
Sec. 831. Key experiences and enhanced pay authority for acquisition
workforce excellence.
Sec. 832. Defense Acquisition University reforms.
Sec. 833. Modifications to Defense Civilian Training Corps.
Sec. 834. Acquisition workforce incentives relating to training on, and
agreements with, certain start-up businesses.
Sec. 835. Curricula on software acquisitions and cybersecurity software
or hardware acquisitions for covered individuals.
Sec. 836. Department of Defense national imperative for industrial
skills program.
Subtitle D--Provisions Relating to Software and Technology
Sec. 841. Guidelines and resources on the acquisition or licensing of
intellectual property.
Sec. 842. Modification of authority of the Department of Defense to
carry out certain prototype projects.
Sec. 843. Other transaction authority clarification.
Sec. 844. Prizes for advanced technology achievements.
Sec. 845. Congressional notification for pilot program to accelerate the
procurement and fielding of innovative technologies.
Sec. 846. Report on software delivery times.
Subtitle E--Industrial Base Matters
Sec. 851. Modification to the national technology and industrial base.
Sec. 852. Modification to miscellaneous limitations on the procurement
of goods other than United States goods.
Sec. 853. Requirements for the procurement of certain components for
certain naval vessels and auxiliary ships.
Sec. 854. Modifications to the procurement technical assistance program.
Sec. 855. Codification of prohibition on certain procurements from the
Xinjiang Uyghur Autonomous Region.
Sec. 856. Codification of the Department of Defense Mentor-Protege
Program.
Sec. 857. Procurement requirements relating to rare earth elements and
strategic and critical materials.
Sec. 858. Analyses of certain activities for action to address sourcing
and industrial capacity.
Sec. 859. Demonstration exercise of enhanced planning for industrial
mobilization and supply chain management.
Sec. 860. Risk management for Department of Defense pharmaceutical
supply chains.
Sec. 861. Strategy for increasing competitive opportunities for certain
critical technologies.
Sec. 862. Key advanced system development industry days.
Subtitle F--Small Business Matters
Sec. 871. Codification of Small Business Administration scorecard.
Sec. 872. Modifications to the SBIR and STTR programs.
Sec. 873. Access to data on bundled or consolidated contracts.
Sec. 874. Small business integration working group.
Sec. 875. Demonstration of commercial due diligence for small business
programs.
Sec. 876. Development and assessment of mission effectiveness metrics.
Subtitle G--Other Matters
Sec. 881. Technical correction to effective date of the transfer of
certain title 10 acquisition provisions.
Sec. 882. Security clearance bridge pilot program.
Sec. 883. Existing agreement limits for Operation Warp Speed.
Sec. 884. Incorporation of controlled unclassified information guidance
into program classification guides and program protection
plans.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
Sec. 901. Increase in authorized number of Assistant and Deputy
Assistant Secretaries of Defense.
[[Page 136 STAT. 2406]]
Sec. 902. Conforming amendments relating to repeal of position of Chief
Management Officer.
Sec. 903. Limitation on use of funds pending demonstration of product to
identify, task, and manage congressional reporting
requirements.
Sec. 904. Limitation on use of funds pending compliance with
requirements relating to alignment of Close Combat Lethality
Task Force.
Subtitle B--Other Department of Defense Organization and Management
Matters
Sec. 911. Updates to management reform framework.
Sec. 912. Briefing on changes to Unified Command Plan.
Sec. 913. Clarification of peacetime functions of the Navy.
Sec. 914. Responsibilities and functions relating to electromagnetic
spectrum operations.
Sec. 915. Joint all domain command and control.
Sec. 916. Strategic management dashboard demonstration.
Sec. 917. Demonstration program for component content management
systems.
Sec. 918. Report on potential transition of all members of the Space
Force into a single component.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Sense of Congress relating to the corrective action plans
review process.
Sec. 1003. Annual reports on budgetary effects of inflation.
Subtitle B--Counterdrug Activities
Sec. 1011. Extension of authority to support a unified counterdrug and
counterterrorism campaign in Colombia.
Subtitle C--Naval Vessels and Shipyards
Sec. 1021. Modification to annual naval vessel construction plan.
Sec. 1022. Navy consultation with Marine Corps on major decisions
directly concerning Marine Corps amphibious force structure
and capability.
Sec. 1023. Amphibious warship force structure.
Sec. 1024. Modification to limitation on decommissioning or inactivating
battle force ships before end of expected service life.
Sec. 1025. Amphibious warfare ship assessment and requirements.
Sec. 1026. Battle force ship employment, maintenance, and manning
baseline plans.
Sec. 1027. Withholding of certain information about sunken military
crafts.
Sec. 1028. Business case analyses on disposition of certain Government-
owned dry-docks.
Sec. 1029. Prohibition on retirement of certain naval vessels.
Subtitle D--Counterterrorism
Sec. 1031. Extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to the United States.
Sec. 1032. Extension of prohibition on use of funds to construct or
modify facilities in the United States to house detainees
transferred from United States Naval Station, Guantanamo Bay,
Cuba.
Sec. 1033. Modification and extension of prohibition on use of funds for
transfer or release of individuals detained at United States
Naval Station, Guantanamo Bay, Cuba, to certain countries.
Sec. 1034. Extension of prohibition on use of funds to close or
relinquish control of United States Naval Station, Guantanamo
Bay, Cuba.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1041. Submission of national defense strategy in classified and
unclassified form.
Sec. 1042. Department of Defense support for funerals and memorial
events for Members and former Members of Congress.
Sec. 1043. Modification of authority for humanitarian demining
assistance and stockpiled conventional munitions assistance.
Sec. 1044. Modification of provisions relating to anomalous health
incidents.
Sec. 1045. Security clearances for recently separated members of the
Armed Forces and civilian employees of the Department of
Defense.
Sec. 1046. Integrated and authenticated access to Department of Defense
systems for certain congressional staff for oversight
purposes.
[[Page 136 STAT. 2407]]
Sec. 1047. Introduction of entities in transactions critical to national
security.
Sec. 1048. Joint training pipeline between United States Navy and Royal
Australian Navy.
Sec. 1049. Standardization of sectional barge construction for
Department of Defense use on rivers and intercoastal
waterways.
Sec. 1050. Department of Defense support for recently enacted
commissions.
Subtitle F--Studies and Reports
Sec. 1051. Modification of annual report on unfunded priorities.
Sec. 1052. Congressional notification of military information support
operations in the information environment.
Sec. 1053. Modification and continuation of reporting requirement
relating to humanitarian assistance.
Sec. 1054. Briefing on Global Force Management Allocation Plan.
Sec. 1055. Report and budget details regarding Operation Spartan Shield.
Sec. 1056. Annual report on civilian casualties in connection with
United States military operations.
Sec. 1057. Extension of certain reporting deadlines.
Sec. 1058. Extension and modification of reporting requirement regarding
enhancement of information sharing and coordination of
military training between Department of Homeland Security and
Department of Defense.
Sec. 1059. Continuation of requirement for annual report on National
Guard and reserve component equipment.
Sec. 1060. Modification of authority of Secretary of Defense to transfer
excess aircraft to other departments of the Federal
Government and authority to transfer excess aircraft to
States.
Sec. 1061. Combatant command risk assessment for airborne intelligence,
surveillance, and reconnaissance.
Sec. 1062. Study on military training routes and special use air space
near wind turbines.
Sec. 1063. Annual reports on safety upgrades to the high mobility
multipurpose wheeled vehicle fleets.
Sec. 1064. Department of Defense delays in providing comments on
Government Accountability Office reports.
Sec. 1065. Justification for transfer or elimination of certain flying
missions.
Sec. 1066. Reports on United States military force presence in Europe.
Sec. 1067. Report on Department of Defense practices regarding
distinction between combatants and civilians in United States
military operations.
Sec. 1068. Report on strategy and improvement of community engagement
efforts of Armed Forces in Hawaii.
Sec. 1069. Report on Department of Defense military capabilities in the
Caribbean.
Sec. 1070. Quarterly briefings on Department of Defense support for
civil authorities to address immigration at the southwest
border.
Sec. 1071. Annual report on procurement of equipment by State and local
governments through the Department of Defense.
Sec. 1072. Briefing on financial oversight of certain educational
institutions receiving Department of Defense funds.
Sec. 1073. Report on effects of certain ethics requirements on
Department of Defense hiring, retention, and operations.
Sec. 1074. Joint Concept for Competing.
Sec. 1075. Analysis of feasibility and advisability of relocating major
units of the United States Armed Forces to certain European
countries.
Sec. 1076. Report on effects of strategic competitor naval facilities in
Africa.
Subtitle G--Other Matters
Sec. 1081. Technical and conforming amendments.
Sec. 1082. Department of Defense Civilian Protection Center of
Excellence.
Sec. 1083. Ronald V. Dellums Memorial Fellowship in STEM.
Sec. 1084. Amendment to memorial for members of the Armed Forces killed
in attack on Hamid Karzai International Airport.
Sec. 1085. Public availability of cost of certain military operations.
Sec. 1086. Combating military reliance on Russian energy.
Sec. 1087. Establishment of joint force headquarters in area of
operations of United States Indo-Pacific Command.
Sec. 1088. National tabletop exercise.
Sec. 1089. Personnel supporting the Office of the Assistant Secretary of
Defense for Special Operations and Low Intensity Conflict.
Sec. 1090. Sense of Congress on redesignation of the Africa Center for
Strategic Studies as the James M. Inhofe Center for Africa
Strategic Studies.
Sec. 1091. Integration of electronic warfare into Tier 1 and Tier 2
joint training exercises.
[[Page 136 STAT. 2408]]
Sec. 1092. National Commission on the Future of the Navy.
Sec. 1093. Dynamic airspace pilot program.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Restricted reporting option for Department of Defense
civilian employees choosing to report experiencing adult
sexual assault.
Sec. 1102. Modification and extension of authority to waive annual
limitation on premium pay and aggregate limitation on pay for
Federal civilian employees working overseas.
Sec. 1103. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to civilian personnel on
official duty in a combat zone.
Sec. 1104. Standardized credentials for law enforcement officers of the
Department of Defense.
Sec. 1105. Temporary extension of authority to provide security for
former Department of Defense officials.
Sec. 1106. Enhanced pay authority for certain research and technology
positions in science and technology reinvention laboratories.
Sec. 1107. Flexible workplace programs.
Sec. 1108. Eligibility of Department of Defense employees in time-
limited appointments to compete for permanent appointments.
Sec. 1109. Modification to personnel management authority to attract
experts in science and engineering.
Sec. 1110. Modification and extension of pilot program on dynamic
shaping of the workforce to improve the technical skills and
expertise at certain department of defense laboratories.
Sec. 1111. Modification of temporary expansion of authority for
noncompetitive appointments of military spouses by federal
agencies.
Sec. 1112. Modification to pilot program for the temporary assignment of
cyber and information technology personnel to private sector
organizations.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Payment of personnel expenses necessary for participation in
training program conducted by Colombia under the United
States-Colombia Action Plan for Regional Security.
Sec. 1202. Modifications to Reports on Security Cooperation.
Sec. 1203. Modification of authority for participation in multinational
centers of excellence.
Sec. 1204. Modification of existing authorities to provide for an
Irregular Warfare Center and a Regional Defense Fellowship
Program.
Sec. 1205. Modification to authority to provide support for conduct of
operations.
Sec. 1206. Extension and modification of authority for reimbursement of
certain coalition nations for support provided to United
States military operations.
Sec. 1207. Modification and extension of authority to support border
security operations of certain foreign countries.
Sec. 1208. Security cooperation programs with foreign partners to
advance women, peace, and security.
Sec. 1209. Review of implementation of prohibition on use of funds for
assistance to units of foreign security forces that have
committed a gross violation of human rights.
Sec. 1210. Independent assessment of United States efforts to train,
advise, assist, and equip the military forces of Somalia.
Sec. 1211. Security cooperation activities at Counter-UAS University.
Sec. 1212. Defense Operational Resilience International Cooperation
Pilot Program.
Subtitle B--Matters Relating to Afghanistan and Pakistan
Sec. 1221. Extension of authority for certain payments to redress
injury and loss.
Sec. 1222. Additional matters for inclusion in reports on oversight in
Afghanistan.
Sec. 1223. Prohibition on transporting currency to the Taliban and the
Islamic Emirate of Afghanistan.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
Sec. 1231. Modification of annual report on the military capabilities
of Iran and related activities.
Sec. 1232. Extension of authority to support operations and activities
of the Office of Security Cooperation in Iraq.
Sec. 1233. Extension of authority to provide assistance to vetted
Syrian groups and individuals.
[[Page 136 STAT. 2409]]
Sec. 1234. Extension and modification of authority to provide
assistance to counter the Islamic State of Iraq and Syria.
Sec. 1235. Prohibition on transfers to Iran.
Sec. 1236. Report on Islamic Revolutionary Guard Corps-affiliated
operatives abroad.
Sec. 1237. Assessment of support to Iraqi Security Forces and Kurdish
Peshmerga Forces to counter air and missile threats.
Sec. 1238. Interagency strategy to disrupt and dismantle narcotics
production and trafficking and affiliated networks linked to
the regime of Bashar al-Assad in Syria.
Sec. 1239. Prohibition on transfers to Badr Organization.
Sec. 1240. Report on United Nations arms embargo on Iran.
Subtitle D--Matters Relating to Russia
Sec. 1241. Modification and extension of Ukraine Security Assistance
Initiative.
Sec. 1242. Extension of limitation on military cooperation between the
United States and Russia.
Sec. 1243. Modification to annual report on military and security
developments involving the Russian Federation.
Sec. 1244. Temporary authorizations related to Ukraine and other
matters.
Sec. 1245. Prohibition on availability of funds relating to sovereignty
of the Russian Federation over internationally recognized
territory of Ukraine.
Sec. 1246. Report on Department of Defense plan for the provision of
short and medium-term security assistance to Ukraine.
Sec. 1247. Oversight of United States assistance to Ukraine.
Subtitle E--Matters Relating to the Indo-Pacific Region
Sec. 1251. Modification to annual report on military and security
developments involving the People's Republic of China.
Sec. 1252. Modification of Indo-Pacific Maritime Security Initiative to
authorize use of funds for the Coast Guard.
Sec. 1253. Modification of prohibition on participation of the People's
Republic of China in rim of the Pacific (RIMPAC) naval
exercises to include cessation of genocide by China.
Sec. 1254. Extension and modification of Pacific Deterrence Initiative.
Sec. 1255. Extension of authority to transfer funds for Bien Hoa dioxin
cleanup.
Sec. 1256. Enhanced indications and warning for deterrence and
dissuasion.
Sec. 1257. Prohibition on use of funds to support entertainment
projects with ties to the Government of the People's Republic
of China.
Sec. 1258. Reporting on institutions of higher education domiciled in
the People's Republic of China that provide support to the
People's Liberation Army.
Sec. 1259. Review of port and port-related infrastructure purchases and
investments made by the Government of the People's Republic
of China and entities directed or backed by the Government of
the People's Republic of China.
Sec. 1260. Enhancing major defense partnership with India.
Sec. 1261. Pilot program to develop young civilian defense leaders in
the Indo-Pacific region.
Sec. 1262. Report on bilateral agreements supporting United States
military posture in the Indo-Pacific region.
Sec. 1263. Statement of policy on Taiwan.
Sec. 1264. Sense of congress on joint exercises with Taiwan.
Sec. 1265. Sense of Congress on defense alliances and partnerships in
the Indo-Pacific region.
Subtitle F--Other Matters
Sec. 1271. North Atlantic Treaty Organization Special Operations
Headquarters.
Sec. 1272. Sense of Congress on NATO and United States defense posture
in Europe.
Sec. 1273. Report on Fifth Fleet capabilities upgrades.
Sec. 1274. Report on use of social media by foreign terrorist
organizations.
Sec. 1275. Report and feasibility study on collaboration to meet shared
national security interests in East Africa.
Sec. 1276. Assessment of challenges to implementation of the
partnership among Australia, the United Kingdom, and the
United States.
Sec. 1277. Modification and extension of United States-Israel
cooperation to counter unmanned aerial systems.
Sec. 1278. Sense of Congress and briefing on multinational force and
observers.
Sec. 1279. Briefing on Department of Defense program to protect United
States students against foreign agents.
[[Page 136 STAT. 2410]]
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical agents and munitions destruction, defense.
Sec. 1403. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense health program.
Subtitle B--National Defense Stockpile
Sec. 1411. Reform of the Strategic and Critical Materials Stock Piling
Act.
Sec. 1412. Modification of acquisition authority under Strategic and
Critical Materials Stock Piling Act.
Sec. 1413. Briefings on shortfalls in National Defense Stockpile.
Sec. 1414. Authority to acquire materials for the National Defense
Stockpile.
Sec. 1415. Department of Defense readiness to support prolonged
conflict.
Subtitle C--Other Matters
Sec. 1421. Authority for transfer of funds to joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund for Captain James A. Lovell Health Care
Center, Illinois.
Sec. 1422. Authorization of appropriations for Armed Forces Retirement
Home.
TITLE XV--CYBER AND INFORMATION OPERATIONS MATTERS
Subtitle A--Cyber Matters
Sec. 1501. Improvements to Principal Cyber Advisors.
Sec. 1502. Annual reports on support by military departments for United
States Cyber Command.
Sec. 1503. Modification of office of primary responsibility for
strategic cybersecurity program.
Sec. 1504. Tailored cyberspace operations organizations.
Sec. 1505. Establishment of support center for consortium of
universities that advise Secretary of Defense on
cybersecurity matters.
Sec. 1506. Alignment of Department of Defense cyber international
strategy with National Defense Strategy and Department of
Defense Cyber Strategy.
Sec. 1507. Enhancement of cyberspace training and security cooperation.
Sec. 1508. Military Cybersecurity Cooperation with Hashemite Kingdom of
Jordan.
Sec. 1509. Management and oversight of Joint Cyber Warfighting
Architecture.
Sec. 1510. Integrated non-kinetic force development.
Sec. 1511. Protection of critical infrastructure.
Sec. 1512. Budget display for cryptographic modernization activities for
certain systems of the Department of Defense.
Sec. 1513. Establishing projects for data management, artificial
intelligence, and digital solutions.
Sec. 1514. Operational testing for commercial cybersecurity
capabilities.
Subtitle B--Information Operations
Sec. 1521. Requirement to notify Chief of Mission of military operation
in the information environment.
Sec. 1522. Assessment and optimization of Department of Defense
information and influence operations conducted through
cyberspace.
Sec. 1523. Joint information operations course.
Sec. 1524. Limitation on availability of certain funds until submission
of joint lexicon for terms related to information operations.
Sec. 1525. Limitation on availability of funds pending submittal of
information operations strategy and posture review.
Sec. 1526. Limitation on availability of certain funds until submission
of assessments relating to cybersecurity of the defense
industrial base.
Subtitle C--Personnel
Sec. 1531. Cyber operations-peculiar awards.
Sec. 1532. Establishment of Cyber Operations Designator and rating for
the Navy.
Sec. 1533. Total force generation for the Cyberspace Operations Forces.
Sec. 1534. Correcting cyber mission force readiness shortfalls.
Sec. 1535. Department of Defense Cyber and Digital Service Academy.
Sec. 1536. Report on recommendations from Navy Civilian Career Path
study.
Sec. 1537. Study to determine optimal strategy for structuring and
manning elements of Joint Force Headquarters-Cyber
Organizations, Joint Mission Operations Centers, and Cyber
Operations-Integrated Planning Elements.
[[Page 136 STAT. 2411]]
Sec. 1538. Manning review of Space Force cyber squadrons.
Sec. 1539. Independent review of posture and staffing levels of Office
of the Chief Information Officer.
Sec. 1540. Independent assessment of Civilian Cybersecurity Reserve for
Department of Defense.
Sec. 1541. Comprehensive review of Cyber Excepted Service.
Subtitle D--Reports and Other Matters
Sec. 1551. Pilot program for sharing cyber capabilities and related
information with foreign operational partners.
Sec. 1552. Demonstration program for cyber and information technology
budget data analytics.
Sec. 1553. Plan for commercial cloud test and evaluation.
Sec. 1554. Roadmap and implementation plan for cyber adoption of
artificial intelligence.
Sec. 1555. Review of Department of Defense implementation of
recommendations from Defense Science Board cyber report.
Sec. 1556. Annual briefing on relationship between National Security
Agency and United States Cyber Command.
Sec. 1557. Review of definitions associated with Cyberspace Operations
Forces.
Sec. 1558. Annual assessments and reports on assignment of certain
budget control responsibility to Commander of United States
Cyber Command.
Sec. 1559. Assessments of weapons systems vulnerabilities to radio-
frequency enabled cyber attacks.
Sec. 1560. Briefing on Department of Defense plan to deter and counter
adversaries in the information environment.
TITLE XVI--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS
Subtitle A--Space Activities
Sec. 1601. Requirements for protection of satellites.
Sec. 1602. Strategy on protection of satellites.
Sec. 1603. Modification of reports on integration of acquisition and
capability delivery schedules for segments of major satellite
acquisitions programs and funding for such programs.
Sec. 1604. Tactically responsive space capability.
Sec. 1605. Extension of annual report on Space Command and Control.
Sec. 1606. Allied responsive space capabilities.
Sec. 1607. Applied research and educational activities to support space
technology development.
Sec. 1608. Review of Space Development Agency exemption from Joint
Capabilities Integration and Development System.
Sec. 1609. Update to plan to manage Integrated Tactical Warning and
Attack Assessment System and multi-domain sensors.
Sec. 1610. Report on space debris.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Congressional oversight of clandestine activities that
support operational preparation of the environment.
Subtitle C--Nuclear Forces
Sec. 1631. Biannual briefing on nuclear weapons and related activities.
Sec. 1632. Industrial base monitoring for B-21 and Sentinel programs.
Sec. 1633. Improvements to Nuclear Weapons Council.
Sec. 1634. Portfolio management framework for nuclear forces.
Sec. 1635. Extension of requirement to report on nuclear weapons
stockpile.
Sec. 1636. Modification and extension of annual assessment of cyber
resilience of nuclear command and control system.
Sec. 1637. Modification of reports on Nuclear Posture Review
implementation.
Sec. 1638. Establishment of intercontinental ballistic missile site
activation task force for Sentinel program.
Sec. 1639. Prohibition on reduction of the intercontinental ballistic
missiles of the United States.
Sec. 1640. Plan for development of reentry vehicles.
Sec. 1641. Treatment of nuclear modernization and hypersonic missile
programs within Defense Priorities and Allocations System.
Sec. 1642. Matters relating to nuclear-capable sea-launched cruise
missile.
Subtitle D--Missile Defense Programs
Sec. 1651. Biannual briefing on missile defense and related activities.
[[Page 136 STAT. 2412]]
Sec. 1652. Improvements to acquisition accountability reports on the
ballistic missile defense system.
Sec. 1653. Making permanent prohibitions relating to missile defense
information and systems.
Sec. 1654. Next generation interceptors for missile defense of United
States homeland.
Sec. 1655. Termination of requirement to transition ballistic missile
defense programs to the military departments.
Sec. 1656. Persistent cybersecurity operations for ballistic missile
defense systems and networks.
Sec. 1657. Fire control architectures.
Sec. 1658. Middle East integrated air and missile defense.
Sec. 1659. Iron Dome short-range rocket defense system and Israeli
cooperative missile defense program co-development and co-
production.
Sec. 1660. Integrated air and missile defense architecture for defense
of Guam.
Sec. 1661. Limitation on availability of certain funds until submission
of report on implementation of the cruise missile defense
architecture for the homeland.
Sec. 1662. Strategy to use asymmetric capabilities to defeat hypersonic
missile threats.
Sec. 1663. Plan on delivering Shared Early Warning System data to
certain allies and partners of the United States.
Sec. 1664. Reports on ground-based interceptors.
Sec. 1665. Report on missile defense interceptor site in contiguous
United States.
Subtitle E--Other Matters
Sec. 1671. Cooperative threat reduction funds.
Sec. 1672. Department of Defense support for requirements of the White
House Military Office.
Sec. 1673. Unidentified anomalous phenomena reporting procedures.
Sec. 1674. Study of weapons programs that allow Armed Forces to address
hard and deeply buried targets.
TITLE XVII--MUNITIONS REPLENISHMENT AND FUTURE PROCUREMENT
Sec. 1701. Annual report on industrial base constraints for munitions.
Sec. 1702. Modification to Special Defense Acquisition Fund.
Sec. 1703. Quarterly briefings on replenishment and revitalization of
weapons provided to Ukraine.
Sec. 1704. Assessment of requirements and acquisition objectives for
Patriot air and missile defense battalions.
Sec. 1705. Independent assessment of department of defense capability
and capacity needs for munitions production and stockpiling.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2803. Effective date and automatic execution of conforming changes
to tables of sections, tables of contents, and similar
tabular entries.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Demolition of District of Columbia Fort McNair Quarters 4,
13, and 15.
Sec. 2105. Modification of authority to carry out fiscal year 2019
project at Camp Tango, Korea.
Sec. 2106. Extension and modification of authority to carry out certain
fiscal year 2018 projects.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Authorization of appropriations, Navy.
Sec. 2204. Extension of authority to carry out certain fiscal year 2018
project.
Sec. 2205. Transfer of customers from Navy electrical utility system at
former Naval Air Station Barber's Point, Hawaii, to new
electrical system in Kalaeloa, Hawaii.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
[[Page 136 STAT. 2413]]
Sec. 2302. Family housing.
Sec. 2303. Authorization of appropriations, Air Force.
Sec. 2304. Extension of authority to carry out certain fiscal year 2018
projects.
Sec. 2305. Modification of authority to carry out certain fiscal year
2021 project.
Sec. 2306. Modification of authority to carry out certain military
construction projects at Tyndall Air Force Base, Florida.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Authorized energy resilience and conservation investment
program projects.
Sec. 2403. Authorization of appropriations, defense agencies.
Sec. 2404. Extension of authority to carry out certain fiscal year 2018
projects.
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Subtitle B--Host Country In-Kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. Repeal of authorized approach to certain construction
project.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Corrections to authority to carry out certain fiscal year
2022 projects.
Sec. 2608. Extension of authority to carry out certain fiscal year 2018
projects.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense Base
Closure Account.
Sec. 2702. Authorization to fund certain demolition and removal
activities through Department of Defense Base Closure
Account.
Sec. 2703. Prohibition on conducting additional base realignment and
closure (BRAC) round.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program
Sec. 2801. Temporary increase of amounts in connection with authority to
carry out unspecified minor military construction.
Sec. 2802. Modification of annual locality adjustment of dollar
thresholds applicable to unspecified minor military
construction authorities.
Sec. 2803. Permanent authority for defense laboratory modernization
program.
Sec. 2804. Elimination of sunset of authority to conduct unspecified
minor military construction for lab revitalization.
Sec. 2805. Military construction projects for innovation, research,
development, test, and evaluation.
Sec. 2806. Supervision of large military construction projects.
Sec. 2807. Specification of Assistant Secretary of Defense for Energy,
Installations, and Environment as Chief Housing Officer.
Sec. 2808. Clarification of exceptions to limitations on cost variations
for military construction projects and military family
housing projects.
Sec. 2809. Use of operation and maintenance funds for certain
construction projects outside the United States.
Sec. 2810. Consideration of installation of integrated solar roofing to
improve energy resiliency of military installations.
Sec. 2811. Revision of Unified Facilities Guide Specifications and
Unified Facilities Criteria to include specifications on use
of gas insulated switchgear and criteria and specifications
on microgrids and microgrid converters.
Sec. 2812. Determination and notification relating to Executive orders
that impact cost and scope of work of military construction
projects.
[[Page 136 STAT. 2414]]
Sec. 2813. Requirement for inclusion of Department of Defense Forms 1391
with annual budget submission by President.
Sec. 2814. Use of integrated project delivery contracts.
Subtitle B--Military Housing Reforms
Sec. 2821. Standardization of military installation Housing Requirements
and Market Analyses.
Sec. 2822. Notice requirement for MHPI ground lease extensions.
Sec. 2823. Annual briefings on military housing privatization projects.
Sec. 2824. Mold inspection of vacant housing units.
Sec. 2825. Implementation of recommendations from audit of medical
conditions of residents in privatized military housing.
Subtitle C--Real Property and Facilities Administration
Sec. 2831. Authorized land and facilities transfer to support contracts
with federally funded research and development centers.
Sec. 2832. Limitation on use of funds pending completion of military
installation resilience component of master plans for at-risk
major military installations.
Sec. 2833. Physical entrances to certain military installations.
Subtitle D--Land Conveyances
Sec. 2841. Extension of time frame for land conveyance, Sharpe Army
Depot, Lathrop, California.
Sec. 2842. Land conveyance, Joint Base Charleston, South Carolina.
Sec. 2843. Land conveyance, Naval Air Station Oceana, Dam Neck Annex,
Virginia Beach, Virginia.
Sec. 2844. Land exchange, Marine Reserve Training Center, Omaha,
Nebraska.
Sec. 2845. Land Conveyance, Starkville, Mississippi.
Subtitle E--Miscellaneous Studies and Reports
Sec. 2851. Study on practices with respect to development of military
construction projects.
Sec. 2852. Report on capacity of Department of Defense to provide
survivors of natural disasters with emergency short-term
housing.
Sec. 2853. Reporting on lead service lines and lead plumbing.
Sec. 2854. Briefing on attempts to acquire land near United States
military installations by the People's Republic of China.
Subtitle F--Other Matters
Sec. 2861. Required consultation with State and local entities for
notifications related to the basing decision-making process.
Sec. 2862. Inclusion in Defense Community Infrastructure Pilot Program
of certain projects for ROTC training.
Sec. 2863. Inclusion of infrastructure improvements identified in the
report on strategic seaports in Defense Community
Infrastructure Pilot Program.
Sec. 2864. Inclusion of certain property for purposes of defense
community infrastructure pilot program.
Sec. 2865. Expansion of pilot program on increased use of sustainable
building materials in military construction to include
locations throughout the United States.
Sec. 2866. Basing decision scorecard consistency and transparency.
Sec. 2867. Temporary authority for acceptance and use of funds for
certain construction projects in the Republic of Korea.
Sec. 2868. Repeal of requirement for Interagency Coordination Group of
Inspectors General for Guam Realignment.
Sec. 2869. Lease or use agreement for category 3 subterranean training
facility.
Sec. 2870. Limitation on use of funds for closure of combat readiness
training centers.
Sec. 2871. Required investments in improving child development centers.
Sec. 2872. Interagency Regional Coordinator for Resilience Pilot
Project.
Sec. 2873. Access to military installations for Homeland Security
Investigations personnel in Guam.
Sec. 2874. Prohibition on joint use of Homestead Air Reserve Base with
civil aviation.
Sec. 2875. Electrical charging capability construction requirements
relating to parking for Federal Government motor vehicles.
TITLE XXIX--FALLON RANGE TRAINING COMPLEX
Subtitle A--Fallon Range Training Complex
Sec. 2901. Military land withdrawal for Fallon Range Training Complex.
[[Page 136 STAT. 2415]]
Sec. 2902. Numu Newe Special Management Area.
Sec. 2903. National conservation areas.
Sec. 2904. Collaboration with State and county.
Sec. 2905. Wilderness areas in Churchill County, Nevada.
Sec. 2906. Release of wilderness study areas.
Sec. 2907. Land conveyances and exchanges.
Sec. 2908. Checkerboard resolution.
Subtitle B--Lander County Economic Development and Conservation
Sec. 2911. Definitions.
Part I--Lander County Public Purpose Land Conveyances
Sec. 2921. Definitions.
Sec. 2922. Conveyances to Lander County, Nevada.
Part II--Lander County Wilderness Areas
Sec. 2931. Definitions.
Sec. 2932. Designation of wilderness areas.
Sec. 2933. Release of wilderness study areas.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Requirements for specific request for new or modified nuclear
weapons.
Sec. 3112. Modifications to long-term plan for meeting national security
requirements for unencumbered uranium.
Sec. 3113. Modification of minor construction threshold for plant
projects.
Sec. 3114. Update to plan for deactivation and decommissioning of
nonoperational defense nuclear facilities.
Sec. 3115. Use of alternative technologies to eliminate proliferation
threats at vulnerable sites.
Sec. 3116. Unavailability for overhead costs of amounts specified for
laboratory-directed research and development.
Sec. 3117. Workforce enhancement for National Nuclear Security
Administration.
Sec. 3118. Modification of cost baselines for certain projects.
Sec. 3119. Purchase of real property options.
Sec. 3120. Prohibition on availability of funds to reconvert or retire
W76-2 warheads.
Sec. 3121. Acceleration of depleted uranium manufacturing processes.
Sec. 3122. Assistance by the National Nuclear Security Administration to
the Air Force for the development of the Mark 21A fuse.
Sec. 3123. Determination of standardized indirect cost elements.
Sec. 3124. Certification of completion of milestones with respect to
plutonium pit aging.
Sec. 3125. National Nuclear Security Administration facility advanced
manufacturing development.
Sec. 3126. Authorization of workforce development and training
partnership programs within National Nuclear Security
Administration.
Subtitle C--Reports and Other Matters
Sec. 3131. Modification to certain reporting requirements.
Sec. 3132. Repeal of obsolete provisions of the Atomic Energy Defense
Act and other provisions.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Continuation of functions and powers during loss of quorum.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME ADMINISTRATION
Subtitle A--Maritime Administration
Sec. 3501. Authorization of appropriations for the Maritime
Administration.
[[Page 136 STAT. 2416]]
Sec. 3502. Secretary of Transportation responsibility with respect to
cargoes procured, furnished, or financed by other Federal
departments and agencies.
Subtitle B--Merchant Marine Academy
Sec. 3511. Exemption of certain students from requirement to obtain
merchant mariner license.
Sec. 3512. Board of Visitors.
Sec. 3513. Protection of cadets from sexual assault onboard vessels.
Sec. 3514. Service academy faculty parity of use of United States
Government works.
Sec. 3515. Reports on matters relating to the United States Merchant
Marine Academy.
Sec. 3516. Study on Capital Improvement Program at the USMMA.
Sec. 3517. Requirements relating to training of Merchant Marine Academy
cadets on certain vessels.
Subtitle C--Maritime Infrastructure
Sec. 3521. United States marine highway program.
Sec. 3522. Port infrastructure development grants.
Sec. 3523. Project selection criteria for port infrastructure
development program.
Sec. 3524. Infrastructure improvements identified in the report on
strategic seaports.
Sec. 3525. GAO review of Government efforts to promote growth and
modernization of United States Merchant Fleet.
Sec. 3526. GAO review of Federal efforts to enhance port infrastructure
resiliency and disaster preparedness.
Sec. 3527. Study on foreign investment in shipping.
Sec. 3528. Report on alternate marine fuel bunkering facilities at
ports.
Sec. 3529. Study of cybersecurity and national security threats posed by
foreign manufactured cranes at United States ports.
Subtitle D--Maritime Workforce
Sec. 3531. Improving Protections for Midshipmen.
Sec. 3532. Maritime Technical Advancement Act.
Sec. 3533. Ensuring diverse mariner recruitment.
Sec. 3534. Low emissions vessels training.
Subtitle E--Other Matters
Sec. 3541. Waiver of navigation and vessel inspection laws.
Sec. 3542. National maritime strategy.
Sec. 3543. Maritime Environmental and Technical Assistance Program.
Sec. 3544. Definition of qualified vessel.
Sec. 3545. Establishing a capital construction fund.
Sec. 3546. Recapitalization of National Defense Reserve Fleet.
Sec. 3547. Sense of Congress on Merchant Marine.
Sec. 3548. Analysis of effects of chemicals in stormwater runoff on
Pacific salmon and steelhead.
Sec. 3549. Report on effective vessel quieting measures.
DIVISION D--FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI--PROCUREMENT
Sec. 4101. Procurement.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. Military construction.
[[Page 136 STAT. 2417]]
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of Energy National Security Programs.
DIVISION E--NON-DEPARTMENT OF DEFENSE MATTERS
TITLE LI--VETERANS AFFAIRS MATTERS
Subtitle A--Advisory Committees
Sec. 5101. Annual report from Advisory Committee on Women Veterans.
Sec. 5102. Department of Veterans Affairs Advisory Committee on United
States Outlying Areas and Freely Associated States.
Subtitle B--Studies and Reports
Sec. 5111. Secretary of Veterans Affairs study on dissemination of
information on Department of Veterans Affairs home loan
benefits.
Sec. 5112. GAO study on post-market surveillance of medical devices by
Department of Veterans Affairs.
Sec. 5113. Department of Veterans Affairs report on supportive services
and housing insecurity.
Sec. 5114. Report on handling of certain records of the Department of
Veterans Affairs.
Subtitle C--Other Matters
Sec. 5121. Improved application of employment and reemployment rights of
all members of uniformed services.
Sec. 5122. Competitive pay for health care providers of Department of
Veterans Affairs.
Sec. 5123. Definition of land use revenue under West Los Angeles Leasing
Act of 2016.
Sec. 5124. Technical corrections to Honoring our PACT Act of 2022.
Sec. 5125. Improving pilot program on acceptance by the Department of
Veterans Affairs of donated facilities and related
improvements.
Sec. 5126. Improvement of Vet Centers at Department of Veterans Affairs.
Sec. 5127. Information on certain veterans with prior medical
occupations; program on intermediate care technicians of
Department of Veterans Affairs.
TITLE LII--INSPECTOR GENERAL INDEPENDENCE AND EMPOWERMENT MATTERS
Subtitle A--Inspector General Independence
Sec. 5201. Short title.
Sec. 5202. Removal or transfer of Inspectors General; placement on non-
duty status.
Sec. 5203. Vacancy in position of Inspector General.
Sec. 5204. Office of Inspector General whistleblower complaints.
Subtitle B--Presidential Explanation of Failure to Nominate an Inspector
General
Sec. 5221. Presidential explanation of failure to nominate an Inspector
General.
Subtitle C--Integrity Committee of the Council of Inspectors General on
Integrity and Efficiency Transparency
Sec. 5231. Short title.
Sec. 5232. Additional information to be included in requests and reports
to Congress.
Sec. 5233. Availability of information to Congress on certain
allegations of wrongdoing closed without referral.
Sec. 5234. Semiannual report.
Sec. 5235. Additional reports.
Sec. 5236. Requirement to report final disposition to Congress.
Sec. 5237. Investigations of Offices of Inspector General of
establishments by the Integrity Committee.
Subtitle D--Notice of Ongoing Investigations When There Is a Change in
Status of Inspector General
Sec. 5241. Notice of ongoing investigations when there is a change in
status of Inspector General.
Subtitle E--Council of the Inspectors General on Integrity and
Efficiency Report on Expenditures
Sec. 5251. CIGIE report on expenditures.
[[Page 136 STAT. 2418]]
Subtitle F--Notice of Refusal to Provide Inspectors General Access
Sec. 5261. Notice of refusal to provide information or assistance to
Inspectors General.
Subtitle G--Training Resources for Inspectors General and Other Matters
Sec. 5271. Training resources for Inspectors General.
Sec. 5272. Definition of appropriate congressional committees.
Sec. 5273. Semiannual reports.
Sec. 5274. Submission of reports that specifically identify non-
governmental organizations or business entities.
Sec. 5275. Review relating to vetting, processing, and resettlement of
evacuees from Afghanistan and the Afghanistan special
immigrant visa program.
TITLE LIII--OVERSIGHT AND REFORM MATTERS
Subtitle A--General Provisions
Sec. 5301. Access for Veterans to Records.
Sec. 5302. ONDCP supplemental strategies.
Sec. 5303. Performance Enhancement.
Sec. 5304. Appeals to merit systems protection board relating to FBI
reprisal allegations; salary of Special Counsel.
Sec. 5305. Fairness for Federal firefighters.
Subtitle B--PLUM Act of 2022
Sec. 5321. Short title.
Sec. 5322. Establishment of public website on government policy and
supporting positions.
TITLE LIV--21ST CENTURY ASSISTIVE TECHNOLOGY ACT
Sec. 5401. Short title.
Sec. 5402. Reauthorization.
Sec. 5403. Effective date.
TITLE LV--FOREIGN AFFAIRS MATTERS
Subtitle A--Taiwan Enhanced Resilience Act
Sec. 5501. Short title.
Part 1--Implementation of an Enhanced Defense Partnership Between the
United States and Taiwan
Sec. 5502. Modernizing Taiwan's security capabilities to deter and, if
necessary, defeat aggression by the People's Republic of
China.
Sec. 5503. Increase in annual regional contingency stockpile additions
and support for Taiwan.
Sec. 5504. International military education and training cooperation
with Taiwan.
Sec. 5505. Additional authorities to support Taiwan.
Sec. 5506. Multi-year plan to fulfill defensive requirements of military
forces of Taiwan.
Sec. 5507. Fast-tracking sales to Taiwan under Foreign Military Sales
program.
Sec. 5508. Arms exports delivery solutions for Taiwan and United States
allies in the Indo-Pacific.
Sec. 5509. Assessment of Taiwan's needs for civilian defense and
resilience.
Sec. 5510. Annual report on Taiwan defensive military capabilities and
intelligence support.
Sec. 5511. Findings and statement of policy.
Sec. 5512. Sense of Congress on Taiwan defense relations.
Part 2--Countering People's Republic of China's Coercion and Influence
Campaigns
Sec. 5513. Strategy to respond to influence and information operations
targeting Taiwan.
Sec. 5514. Task force to counter economic coercion by the People's
Republic of China.
Sec. 5515. China censorship monitor and action group.
Part 3--Inclusion of Taiwan in International Organizations
Sec. 5516. Findings.
Sec. 5517. Sense of Congress on Taiwan's meaningful participation in the
international community.
[[Page 136 STAT. 2419]]
Sec. 5518. Strategy to support Taiwan's meaningful participation in
international organizations.
Sec. 5519. Meaningful participation of Taiwan in the International Civil
Aviation Organization.
Part 4--Miscellaneous Provisions
Sec. 5520. Report on Taiwan Travel Act.
Sec. 5521. Amendments to the Taiwan Allies International Protection and
Enhancement Initiative (Taipei) Act of 2019.
Sec. 5522. Report on role of People's Republic of China's nuclear threat
in escalation dynamics.
Sec. 5523. Report analyzing the impact of Russia's war against Ukraine
on the objectives of the People's Republic of China with
respect to Taiwan.
Sec. 5524. Expanding United States-Taiwan development cooperation.
Sec. 5525. Sense of congress on expanding United States economic
relations with Taiwan.
Part 5--Supporting United States Educational and Exchange Programs With
Taiwan
Sec. 5526. Short title.
Sec. 5527. Findings.
Sec. 5528. Purposes.
Sec. 5529. Definitions.
Sec. 5530. Taiwan Fellowship Program.
Sec. 5531. Reports and audits.
Sec. 5532. Taiwan fellows on detail from government service.
Sec. 5533. Funding.
Sec. 5534. Study and report.
Sec. 5535. Supporting United States educational and exchange programs
with Taiwan.
Part 6--United States-Taiwan Public Health Protection
Sec. 5536. Short title.
Sec. 5537. Definitions.
Sec. 5538. Study on an infectious disease monitoring center.
Part 7--Rules of Construction
Sec. 5539. Rule of construction.
Sec. 5540. Rule of construction regarding the use of military force.
Subtitle B--United States-Ecuador Partnership Act of 2022
Sec. 5541. Short title.
Sec. 5542. Sense of Congress.
Sec. 5543. Facilitating economic and commercial ties.
Sec. 5544. Promoting inclusive economic development.
Sec. 5545. Combating illicit economies, corruption, and negative foreign
influence.
Sec. 5546. Strengthening democratic governance.
Sec. 5547. Fostering conservation and stewardship.
Sec. 5548. Authorization to transfer excess Coast Guard vessels.
Sec. 5549. Reporting requirements.
Sec. 5550. Sunset.
Subtitle C--FENTANYL Results Act
Sec. 5551. Short title.
Sec. 5552. Prioritization of efforts of the Department of State to
combat international trafficking in covered synthetic drugs.
Sec. 5553. Program to provide assistance to build the capacity of
foreign law enforcement agencies with respect to covered
synthetic drugs.
Sec. 5554. Exchange program on demand reduction matters relating to
illicit use of covered synthetic drugs.
Sec. 5555. Amendments to international narcotics control program.
Sec. 5556. Sense of Congress.
Sec. 5557. Rule of construction.
Sec. 5558. Definitions.
Subtitle D--International Pandemic Preparedness
Sec. 5559. Short title.
Sec. 5560. Definitions.
Sec. 5561. Enhancing the United States' international response to
pandemics.
Sec. 5562. International pandemic prevention and preparedness.
[[Page 136 STAT. 2420]]
Sec. 5563. Financial Intermediary Fund for Pandemic Prevention,
Preparedness, and Response.
Sec. 5564. General provisions.
Sec. 5565. Sunset.
Sec. 5566. Rule of construction.
Subtitle E--Burma Act of 2022
Sec. 5567. Short title.
Sec. 5568. Definitions.
Part 1--Matters Relating to the Conflict in Burma
Sec. 5569. Statement of policy.
Part 2--Sanctions and Policy Coordination With Respect to Burma
Sec. 5570. Definitions.
Sec. 5571. Imposition of sanctions with respect to human rights abuses
and perpetration of a coup in Burma.
Sec. 5572. Sanctions and policy coordination for Burma.
Sec. 5573. Support for greater United Nations action with respect to
Burma.
Sec. 5574. Sunset.
Part 3--Authorizations of Appropriations for Assistance for Burma
Sec. 5575. General authorization of appropriations.
Sec. 5576. Limitations.
Sec. 5577. Appropriate congressional committees defined.
Part 4--Efforts Against Human Rights Abuses
Sec. 5578. Authorization to provide technical assistance for efforts
against human rights abuses.
Part 5--Sanctions Exception Relating to Importation of Goods
Sec. 5579. Sanctions exception relating to importation of goods.
Subtitle F--Promotion of Freedom of Information and Countering of
Censorship and Surveillance in North Korea
Sec. 5580. Short title.
Sec. 5581. Findings; sense of Congress.
Sec. 5582. Statement of policy.
Sec. 5583. United States strategy to combat North Korea's repressive
information environment.
Sec. 5584. Promoting freedom of information and countering censorship
and surveillance in North Korea.
Subtitle G--Other Matters
Sec. 5585. Congressional notification for rewards paid using
cryptocurrencies.
Sec. 5586. Secure access to sanitation facilities for women and girls.
Sec. 5587. Reauthorization of the Tropical Forest and Coral Reef
Conservation Act of 1998.
Sec. 5588. Global Food Security Reauthorization Act of 2022.
Sec. 5589. Extension and modification of certain export controls.
Sec. 5590. Imposition of sanctions with respect to the sale, supply, or
transfer of gold to or from Russia.
Sec. 5591. Renegotiation of Compacts of Free Association.
Sec. 5592. Secretary of State assistance for prisoners in Islamic
Republic of Iran.
Sec. 5593. Iran Nuclear Weapons Capability and Terrorism Monitoring Act
of 2022.
Subtitle H--Reports
Sec. 5594. Modification to peacekeeping operations report.
Sec. 5595. Report on Indo-Pacific region.
Sec. 5596. Report on humanitarian situation and food security in
Lebanon.
Sec. 5597. Statement of policy and report on engaging with Niger.
Sec. 5598. Report on bilateral security and law enforcement cooperation
with Mexico.
Sec. 5599. Report on Chinese support to Russia with respect to its
unprovoked invasion of and full-scale war against Ukraine.
Sec. 5599A. Feasibility study on United States support for and
participation in the international counterterrorism academy
in Cote d'Ivoire.
Sec. 5599B. Consultations on reuniting Korean Americans with family
members in North Korea.
[[Page 136 STAT. 2421]]
Subtitle I--Sense of Congress Provisions
Sec. 5599C. Sense of Congress regarding the status of China.
Sec. 5599D. Sense of Congress regarding Israel.
Sec. 5599E. Sense of Congress relating to the NATO Parliamentary
Assembly.
Sec. 5599F. Condemning detention and indictment of Russian opposition
leader Vladimir Vladimirovich Kara-Murza.
Sec. 5599G. Sense of Congress regarding development of nuclear weapons
by Iran.
TITLE LVI--TRANSPORTATION AND INFRASTRUCTURE
Sec. 5601. Designation of small State and rural advocate.
Sec. 5602. Flexibility.
Sec. 5603. Preliminary damage assessment.
Sec. 5604. Letter of deviation authority.
Sec. 5605. Recognizing FEMA support.
TITLE LVII--FINANCIAL SERVICES MATTERS
Sec. 5701. United States policy on World Bank Group and Asian
Development Bank assistance to the People's Republic of
China.
Sec. 5702. Support for international initiatives to provide debt
restructuring or relief to developing countries with
unsustainable levels of debt.
Sec. 5703. Ukraine debt payment relief.
Sec. 5704. Isolate Russian Government Officials Act of 2022.
Sec. 5705. Fair hiring in banking.
Sec. 5706. Banking Transparency for Sanctioned Persons Act of 2022.
Sec. 5707. Flexibility in addressing rural homelessness.
Sec. 5708. Master account and services database.
TITLE LVIII--FINANCIAL DATA TRANSPARENCY
Sec. 5801. Short title.
Subtitle A--Data Standards for Covered Agencies; Department of the
Treasury Rulemaking
Sec. 5811. Data standards.
Sec. 5812. Open data publication by the Department of the Treasury.
Sec. 5813. No new disclosure requirements.
Subtitle B--Securities and Exchange Commission
Sec. 5821. Data standards requirements for the Securities and Exchange
Commission.
Sec. 5822. Open data publication by the Securities and Exchange
Commission.
Sec. 5823. Data transparency relating to municipal securities.
Sec. 5824. Data transparency at national securities associations.
Sec. 5825. Shorter-term burden reduction and disclosure simplification
at the Securities and Exchange Commission; sunset.
Sec. 5826. No new disclosure requirements.
Subtitle C--Federal Deposit Insurance Corporation
Sec. 5831. Data standards requirements for the Federal Deposit Insurance
Corporation.
Sec. 5832. Open data publication by the Federal Deposit Insurance
Corporation.
Sec. 5833. Rulemaking.
Sec. 5834. No new disclosure requirements.
Subtitle D--Office of the Comptroller of the Currency
Sec. 5841. Data standards and open data publication requirements for the
Office of the Comptroller of the Currency.
Sec. 5842. Rulemaking.
Sec. 5843. No new disclosure requirements.
Subtitle E--Bureau of Consumer Financial Protection
Sec. 5851. Data standards and open data publication requirements for the
Bureau of Consumer Financial Protection.
Sec. 5852. Rulemaking.
Sec. 5853. No new disclosure requirements.
Subtitle F--Federal Reserve System
Sec. 5861. Data standards requirements for the Board of Governors of the
Federal Reserve System.
Sec. 5862. Open data publication by the Board of Governors of the
Federal Reserve System.
[[Page 136 STAT. 2422]]
Sec. 5863. Rulemaking.
Sec. 5864. No new disclosure requirements.
Subtitle G--National Credit Union Administration
Sec. 5871. Data standards.
Sec. 5872. Open data publication by the National Credit Union
Administration.
Sec. 5873. Rulemaking.
Sec. 5874. No new disclosure requirements.
Subtitle H--Federal Housing Finance Agency
Sec. 5881. Data standards requirements for the Federal Housing Finance
Agency.
Sec. 5882. Open data publication by the Federal Housing Finance Agency.
Sec. 5883. Rulemaking.
Sec. 5884. No new disclosure requirements.
Subtitle I--Miscellaneous
Sec. 5891. Rules of construction.
Sec. 5892. Classified and protected information.
Sec. 5893. Report.
TITLE LIX--OTHER MATTERS
Subtitle A--Judiciary Matters
Sec. 5901. Extension of admission to Guam or the Commonwealth of the
Northern Mariana Islands for certain nonimmigrant H-2B
workers.
Sec. 5902. Eligibility of Portuguese traders and investors for E-1 and
E-2 nonimmigrant visas.
Sec. 5903. Incentives for States to create sexual assault survivors'
bill of rights.
Sec. 5904. Extending the statute of limitations for certain money
laundering offenses.
Subtitle B--Science, Space, and Technology Matters
Sec. 5911. Financial assistance for construction of test beds and
specialized facilities.
Sec. 5912. Reports on arctic research, budget, and spending.
Sec. 5913. National research and development strategy for distributed
ledger technology.
Sec. 5914. Technical corrections.
Subtitle C--FedRamp Authorization Act
Sec. 5921. FedRAMP Authorization Act.
Subtitle D--Judicial Security and Privacy
Sec. 5931. Short title.
Sec. 5932. Findings and purpose.
Sec. 5933. Definitions.
Sec. 5934. Protecting covered information in public records.
Sec. 5935. Training and education.
Sec. 5936. Vulnerability management capability.
Sec. 5937. Rules of construction.
Sec. 5938. Severability.
Sec. 5939. Effective date.
Subtitle E--Other Matters
Sec. 5941. Secretary of Agriculture report on improving supply chain
shortfalls and infrastructure needs at wholesale produce
markets.
Sec. 5942. Extension of deadline for transfer of parcels of land in New
Mexico.
Sec. 5943. Ending global wildlife poaching and trafficking.
Sec. 5944. Cost-sharing requirements applicable to certain Bureau of
Reclamation dams and dikes.
Sec. 5945. Transfer of National Oceanic and Atmospheric Administration
property in Norfolk, Virginia.
Sec. 5946. Other matters.
Sec. 5947. Enhancing transparency on international agreements and non-
binding instruments.
Sec. 5948. Ukraine Invasion War Crimes Deterrence and Accountability
Act.
Sec. 5949. Prohibition on certain semiconductor products and services.
DIVISION F--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2023
Sec. 6001. Short title; table of contents.
[[Page 136 STAT. 2423]]
Sec. 6002. Definitions.
Sec. 6003. Explanatory statement.
TITLE LXI--INTELLIGENCE ACTIVITIES
Sec. 6101. Authorization of appropriations.
Sec. 6102. Classified Schedule of Authorizations.
Sec. 6103. Intelligence Community Management Account.
Sec. 6104. Restriction on conduct of intelligence activities.
Sec. 6105. Increase in employee compensation and benefits authorized by
law.
TITLE LXII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 6201. Authorization of appropriations.
TITLE LXIII--GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 6301. Modification of requirements for certain employment
activities by former intelligence officers and employees.
Sec. 6302. Counterintelligence and national security protections for
intelligence community grant funding.
Sec. 6303. Extension of Central Intelligence Agency law enforcement
jurisdiction to facilities of Office of Director of National
Intelligence.
Sec. 6304. Annual reports on status of recommendations of Comptroller
General of the United States for the Director of National
Intelligence.
Sec. 6305. Timely submission of classified intelligence budget
justification materials.
Sec. 6306. Copyright protection for civilian faculty of the National
Intelligence University.
Sec. 6307. Modifications to Foreign Malign Influence Response Center.
Sec. 6308. Requirement to offer cyber protection support for personnel
of intelligence community in positions highly vulnerable to
cyber attack.
Sec. 6309. Enforcement of cybersecurity requirements for national
security systems.
Sec. 6310. Review and briefing on intelligence community activities
under Executive Order 12333.
Sec. 6311. Assessing intelligence community open-source support for
export controls and foreign investment screening.
Sec. 6312. Annual training requirement and report regarding analytic
standards.
Sec. 6313. Review of Joint Intelligence Community Council.
Sec. 6314. Required policy for minimum insider threat standards.
Sec. 6315. Unfunded priorities of the intelligence community.
Sec. 6316. Submission of covered documents and classified annexes.
Sec. 6317. Improvements to program on recruitment and training.
Sec. 6318. Measures to mitigate counterintelligence threats from
proliferation and use of foreign commercial spyware.
Sec. 6319. Personnel vetting performance measures.
Sec. 6320. Proactive cybersecurity.
TITLE LXIV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 6401. Modifications to responsibilities and authorities of Director
of National Intelligence.
Sec. 6402. Annual submission to Congress of National Intelligence
Priorities Framework.
Sec. 6403. Disposition of records of Office of the Director of National
Intelligence.
Subtitle B--Central Intelligence Agency
Sec. 6411. Clarification regarding protection of Central Intelligence
Agency functions.
Sec. 6412. Expansion of reporting requirements relating to authority to
pay personnel of Central Intelligence Agency for certain
injuries to the brain.
Sec. 6413. Historical Advisory Panel of Central Intelligence Agency.
Sec. 6414. Authority of Central Intelligence Agency to provide
protection for certain personnel.
Sec. 6415. Notification of use of certain expenditure authorities.
Sec. 6416. Office supporting Central Intelligence Agency workforce
wellbeing.
Subtitle C--Elements of the Defense Intelligence Enterprise
Sec. 6421. Inclusion of Space Force as element of intelligence
community.
[[Page 136 STAT. 2424]]
Sec. 6422. Oversight of Defense Intelligence Agency culture.
Subtitle D--Other Elements
Sec. 6431. Modification of advisory board in National Reconnaissance
Office.
Sec. 6432. Establishment of advisory board for National Geospatial-
Intelligence Agency.
Sec. 6433. Elevation of the commercial and business operations office of
the National Geospatial-Intelligence Agency.
Sec. 6435. Study on personnel under Strategic Intelligence Partnership
Program.
Sec. 6436. Briefing on coordination between intelligence community and
Bureau of Industry and Security.
TITLE LXV--MATTERS RELATING TO FOREIGN COUNTRIES
Subtitle A--Intelligence Matters Relating to the People's Republic of
China
Sec. 6501. Report on wealth and corrupt activities of the leadership of
the Chinese Communist Party.
Sec. 6502. Identification and threat assessment of companies with
investments by the People's Republic of China.
Sec. 6503. Intelligence community working group for monitoring the
economic and technological capabilities of the People's
Republic of China.
Sec. 6504. Annual report on concentrated reeducation camps in the
Xinjiang Uyghur Autonomous Region of the People's Republic of
China.
Sec. 6505. Assessments of production of semiconductors by the People's
Republic of China.
Subtitle B--Miscellaneous Authorities, Requirements, and Limitations
Sec. 6511. Notice of deployment or transfer of containerized missile
systems by Russia, China, or Iran.
Sec. 6512. Intelligence community coordinator for Russian atrocities
accountability.
Sec. 6513. Lead intelligence community coordinator for countering and
neutralizing proliferation of Iran-origin unmanned aircraft
systems.
Sec. 6514. Collaboration between intelligence community and Department
of Commerce to counter foreign commercial threats.
Sec. 6515. Intelligence assessment on foreign weaponization of
advertisement technology data.
Sec. 6516. Intelligence community assessment regarding Russian gray zone
assets.
Subtitle C--Reports and Other Matters
Sec. 6521. Report on assessing will to fight.
Sec. 6522. Report on threat from hypersonic weapons.
Sec. 6523. Report on ordnance of Russia and China.
Sec. 6524. Report on activities of China and Russia targeting Latin
America and the Caribbean.
Sec. 6525. Report on support provided by China to Russia.
Sec. 6526. Report on global CCP financing of port infrastructure.
Sec. 6527. Sense of Congress on provision of support by intelligence
community for atrocity prevention and accountability.
TITLE LXVI--INTELLIGENCE COMMUNITY WORKFORCE MATTERS
Sec. 6601. Improving onboarding of personnel in intelligence community.
Sec. 6602. Report on legislative action required to implement Trusted
Workforce 2.0 initiative.
Sec. 6603. Inspector General of the Intelligence Community assessment of
administration of polygraphs in intelligence community.
Sec. 6604. Timeliness in the administration of polygraphs.
Sec. 6605. Policy on submittal of applications for access to classified
information for certain personnel.
Sec. 6606. Technical correction regarding Federal policy on sharing of
covered insider threat information.
Sec. 6607. Inspector General of the Intelligence Community report on use
of space certified as sensitive compartmented information
facilities.
Sec. 6608. Improving prohibition of certain personnel practices in
intelligence community with respect to contractor employees.
Sec. 6609. Definitions regarding whistleblower complaints and
information of urgent concern received by inspectors general
of the intelligence community.
TITLE LXVII--MATTERS RELATING TO EMERGING TECHNOLOGIES
Subtitle A--General Matters
Sec. 6701. Definitions.
[[Page 136 STAT. 2425]]
Sec. 6702. Additional responsibilities of Director of National
Intelligence for artificial intelligence policies, standards,
and guidance for the intelligence community.
Sec. 6703. Director of Science and Technology.
Sec. 6704. Intelligence Community Chief Data Officer.
Subtitle B--Improvements Relating to Procurement
Sec. 6711. Additional transaction authority.
Sec. 6712. Implementation plan and advisability study for offices of
commercial integration.
Sec. 6713. Pilot program on designated emerging technology transition
projects.
Sec. 6714. Harmonization of authorizations to operate.
Sec. 6715. Plan to expand sensitive compartmented information facility
access by certain contractors; reports on expansion of
security clearances for certain contractors.
Sec. 6716. Compliance by intelligence community with requirements of
Federal Acquisition Regulation relating to commercially
available off-the-shelf items and commercial services.
Sec. 6717. Policy on required user adoption metrics in certain contracts
for artificial intelligence and emerging technology software
products.
Sec. 6718. Certification relating to information technology and software
systems.
Subtitle C--Reports
Sec. 6721. Reports on integration of artificial intelligence within
intelligence community.
Sec. 6722. Report on potential benefits of establishment of ICWERX.
Sec. 6723. Requirements and report on workforce needs of intelligence
community relating to science, technology, engineering, and
math, and related areas.
Subtitle D--Talent, Education, and Training
Sec. 6731. Report on establishment of technology acquisition cadre.
Sec. 6732. Emerging technology education and training.
Subtitle E--Other Matters
Sec. 6741. Improvements to use of commercial software products.
Sec. 6742. Code-free artificial intelligence enablement tools policy.
TITLE LXVIII--OTHER MATTERS
Sec. 6801. Improvements relating to continuity of Privacy and Civil
Liberties Oversight Board membership.
Sec. 6802. Modification of requirement for office to address
unidentified anomalous phenomena.
Sec. 6803. Comptroller General of the United States audits and briefings
on unidentified anomalous phenomena historical record report.
Sec. 6804. Report on precursor chemicals used in the production of
synthetic opioids.
Sec. 6805. Assessment and report on mass migration in the Western
Hemisphere.
Sec. 6806. Report on international norms, rules, and principles
applicable in space.
Sec. 6807. Assessments of the effects of sanctions imposed with respect
to the Russian Federation's invasion of Ukraine.
Sec. 6808. Assessment of impact of Russia's invasion of Ukraine on food
security.
Sec. 6809. Pilot program for Director of Federal Bureau of Investigation
to undertake an effort to identify International Mobile
Subscriber Identity-catchers.
Sec. 6810. Department of State Bureau of Intelligence and Research
assessment of anomalous health incidents.
Sec. 6811. Repeal and modification of certain reporting and briefing
requirements.
Sec. 6812. Increased intelligence-related engineering, research, and
development capabilities of minority institutions.
Sec. 6813. Reports on personnel vetting processes and progress under
Trusted Workforce 2.0 initiative.
Sec. 6814. Reports relating to programs of record of National
Geospatial-Intelligence Agency.
Sec. 6815. Plan regarding Social Media Data and Threat Analysis Center.
Sec. 6816. Report on use of publicly available social media information
in personnel vetting determinations.
Sec. 6817. Report on strengthening workforce diversity planning and
oversight.
Sec. 6818. Report on transition of National Reconnaissance Office to
digital engineering environment.
[[Page 136 STAT. 2426]]
Sec. 6819. Briefing on Department of Homeland Security intelligence
activities.
Sec. 6820. Report on declassification efforts of Central Intelligence
Agency.
Sec. 6821. Report on National Space Intelligence Center.
Sec. 6822. Report on implementation of Executive Order 13556, regarding
controlled unclassified information.
Sec. 6823. National Museum of Intelligence and Special Operations.
Sec. 6824. Technical corrections.
DIVISION G--HOMELAND SECURITY
TITLE LXXI--HOMELAND SECURITY MATTERS
Subtitle A--Strengthening Security in Our Communities
Sec. 7101. Enhancements to funding and administration of Nonprofit
Security Grant Program of the Department of Homeland
Security.
Sec. 7102. Preservation of homeland security capabilities.
Sec. 7103. School and daycare protection.
Sec. 7104. Cybersecurity grants for schools.
Sec. 7105. Transnational Criminal Investigative Unit Stipend.
Sec. 7106. Chemical Security Analysis Center.
Subtitle B--Strengthening DHS Management, Policymaking, and Operations
Sec. 7111. Joint Task Forces of the Department of Homeland Security.
Sec. 7112. Homeland Procurement Reform Act.
Sec. 7113. Daily public report of covered contract awards.
Sec. 7114. Preference for United States industry.
Sec. 7115. Department of Homeland Security mentor-protege program.
Sec. 7116. DHS economic security council.
Subtitle C--Enhancing Cybersecurity Training and Operations
Sec. 7121. President's Cup Cybersecurity Competition.
Sec. 7122. Industrial control systems cybersecurity training.
Sec. 7123. National Computer Forensics Institute reauthorization.
Sec. 7124. Report on cybersecurity roles and responsibilities of the
Department of Homeland Security.
Subtitle D--Enhancing Transportation and Border Security Operations
Sec. 7131. TSA reaching across nationalities, societies, and languages
to advance traveler education.
Sec. 7132. One-stop pilot program.
Sec. 7133. Report on efforts of the Department of Homeland Security to
deter vehicular terrorist attacks (Darren Drake).
Sec. 7134. DHS illicit cross-border tunnel defense.
Sec. 7135. Providing training for U.S. Customs and Border Protection
personnel on the use of containment devices to prevent
secondary exposure to fentanyl and other potentially lethal
substances.
Sec. 7136. Reports, evaluations, and research regarding drug
interdiction at and between ports of entry.
Subtitle E--Technical Corrections, Conforming Changes, and Improvements
Sec. 7141. Quadrennial homeland security review technical corrections.
Sec. 7142. Technical, conforming, and clerical amendments.
Sec. 7143. CISA technical corrections and improvements.
TITLE LXXII--GOVERNMENTAL AFFAIRS
Subtitle A--Intragovernmental Cybersecurity Information Sharing Act
Sec. 7201. Requirement for information sharing agreements.
Subtitle A--Improving Government for America's Taxpayers
Sec. 7211. Government Accountability Office unimplemented priority
recommendations.
Subtitle B--Advancing American AI Act
Sec. 7221. Short title.
Sec. 7222. Purposes.
Sec. 7223. Definitions.
Sec. 7224. Principles and policies for use of artificial intelligence in
Government.
Sec. 7225. Agency inventories and artificial intelligence use cases.
Sec. 7226. Rapid pilot, deployment and scale of applied artificial
intelligence capabilities to demonstrate modernization
activities related to use cases.
[[Page 136 STAT. 2427]]
Sec. 7227. Enabling entrepreneurs and agency missions.
Sec. 7228. Intelligence community exception.
Subtitle C--Strategic EV Management
Sec. 7231. Short Title.
Sec. 7232. Definitions.
Sec. 7233. Strategic guidance.
Sec. 7234. Study of Federal fleet vehicles.
Subtitle D--Congressionally Mandated Reports
Sec. 7241. Short title.
Sec. 7242. Definitions.
Sec. 7243. Establishment of online portal for congressionally mandated
reports.
Sec. 7244. Federal agency responsibilities.
Sec. 7245. Changing or removing reports.
Sec. 7246. Withholding of information.
Sec. 7247. Implementation.
Sec. 7248. Determination of budgetary effects.
TITLE LXXIII--TRANSPORTATION AND INFRASTRUCTURE MATTERS
Subtitle A--Global Catastrophic Risk Management Act of 2022
Sec. 7301. Short title.
Sec. 7302. Definitions.
Sec. 7303. Assessment of global catastrophic risk.
Sec. 7304. Report required.
Sec. 7305. Enhanced catastrophic incident annex.
Sec. 7306. Validation of the strategy through an exercise.
Sec. 7307. Recommendations.
Sec. 7308. Reporting requirements.
Sec. 7309. Rules of construction.
Subtitle B--Technological Hazards Preparedness and Training
Sec. 7311. Short title.
Sec. 7312. Definitions.
Sec. 7313. Assistance and training for communities with technological
hazards and related emerging threats.
Sec. 7314. Authorization of appropriations.
Sec. 7315. Savings provision.
Subtitle C--Other Matters
Sec. 7321. Crisis counseling assistance and training.
DIVISION H--WATER RESOURCES
TITLE LXXXI--WATER RESOURCES DEVELOPMENT ACT OF 2022
Sec. 8001. Short title; table of contents.
Sec. 8002. Secretary defined.
Subtitle A--General Provisions
Sec. 8101. Federal breakwaters and jetties.
Sec. 8102. Emergency response to natural disasters.
Sec. 8103. Shoreline and riverbank protection and restoration mission.
Sec. 8104. Floodplain management services.
Sec. 8105. Public recreational amenities in ecosystem restoration
projects.
Sec. 8106. Scope of feasibility studies.
Sec. 8107. Water supply conservation.
Sec. 8108. Managed aquifer recharge study and working group.
Sec. 8109. Updates to certain water control manuals.
Sec. 8110. National coastal mapping study.
Sec. 8111. Tribal partnership program.
Sec. 8112. Tribal Liaison.
Sec. 8113. Tribal assistance.
Sec. 8114. Cost sharing provisions for the territories and Indian
Tribes.
Sec. 8115. Tribal and Economically Disadvantaged Communities Advisory
Committee.
Sec. 8116. Workforce planning.
Sec. 8117. Corps of Engineers support for underserved communities;
outreach.
Sec. 8118. Pilot programs for certain communities.
Sec. 8119. Technical assistance.
[[Page 136 STAT. 2428]]
Sec. 8120. Technical assistance for levee inspections.
Sec. 8121. Assessment of Corps of Engineers levees.
Sec. 8122. National low-head dam inventory.
Sec. 8123. Expediting hydropower at Corps of Engineers facilities.
Sec. 8124. Reserve component training at water resources development
projects.
Sec. 8125. Payment of pay and allowances of certain officers from
appropriation for improvements.
Sec. 8126. Maintenance dredging permits.
Sec. 8127. Environmental dredging.
Sec. 8128. Assessment of regional confined aquatic disposal facilities.
Sec. 8129. Studies for periodic nourishment.
Sec. 8130. Beneficial use of dredged material; management plans.
Sec. 8131. Criteria for funding operation and maintenance of small,
remote, and subsistence harbors.
Sec. 8132. Additional projects for underserved community harbors.
Sec. 8133. Inland waterways regional dredge pilot program.
Sec. 8134. NEPA reporting.
Sec. 8135. Funding to process permits.
Sec. 8136. Lease durations.
Sec. 8137. Reforestation.
Sec. 8138. Emergency streambank and shoreline protection.
Sec. 8139. Lease deviations.
Sec. 8140. Policy and technical standards.
Sec. 8141. Corps records relating to harmful algal blooms in Lake
Okeechobee, Florida.
Sec. 8142. Forecasting models for the Great Lakes.
Sec. 8143. Monitoring and assessment program for saline lakes in the
Great Basin.
Sec. 8144. Chattahoochee River program.
Sec. 8145. Lower Mississippi River Basin demonstration program.
Sec. 8146. Washington Aqueduct.
Sec. 8147. Water infrastructure public-private partnership pilot
program.
Sec. 8148. Advance payment in lieu of reimbursement for certain Federal
costs.
Sec. 8149. Use of other Federal funds.
Sec. 8150. Non-Federal Interest Advisory Committee.
Sec. 8151. Materials, services, and funds for repair, restoration, or
rehabilitation of certain public recreation facilities.
Sec. 8152. Rehabilitation of pump stations.
Sec. 8153. Report to Congress on Corps of Engineers reservoirs.
Sec. 8154. Temporary relocation assistance pilot program.
Sec. 8155. Continuation of construction.
Sec. 8156. Federal interest determination.
Sec. 8157. Inland waterway projects.
Sec. 8158. Corps of Engineers Western Water Cooperative Committee.
Sec. 8159. Support of Army civil works missions.
Sec. 8160. Civil works research and development.
Sec. 8161. Sense of Congress on operations and maintenance of recreation
sites.
Sec. 8162. Sense of Congress relating to post-disaster repairs.
Subtitle B--Studies and Reports
Sec. 8201. Authorization of proposed feasibility studies.
Sec. 8202. Expedited completion.
Sec. 8203. Expedited modifications of existing feasibility studies.
Sec. 8204. Corps of Engineers reservoir sedimentation assessment.
Sec. 8205. Report and recommendations on dredge capacity.
Sec. 8206. Assessment of impacts from changing operation and maintenance
responsibilities.
Sec. 8207. Maintenance dredging data.
Sec. 8208. Western infrastructure study.
Sec. 8209. Recreation and economic development at Corps facilities in
Appalachia.
Sec. 8210. Ouachita River watershed, Arkansas and Louisiana.
Sec. 8211. Report on Santa Barbara streams, Lower Mission Creek,
California.
Sec. 8212. Disposition study on Salinas Dam and Reservoir, California.
Sec. 8213. Excess lands report for Whittier Narrows Dam, California.
Sec. 8214. Comprehensive central and southern Florida study.
Sec. 8215. Northern estuaries ecosystem restoration, Florida.
Sec. 8216. Study on shellfish habitat and seagrass, Florida Central Gulf
Coast.
Sec. 8217. Report on South Florida ecosystem restoration plan
implementation.
Sec. 8218. Great Lakes recreational boating.
Sec. 8219. Hydraulic evaluation of Upper Mississippi River and Illinois
River.
Sec. 8220. Disposition study on hydropower in the Willamette Valley,
Oregon.
Sec. 8221. Houston Ship Channel Expansion Channel Improvement Project,
Texas.
[[Page 136 STAT. 2429]]
Sec. 8222. Sabine-Neches waterway navigation improvement project, Texas.
Sec. 8223. Norfolk Harbor and Channels, Virginia.
Sec. 8224. Coastal Virginia, Virginia.
Sec. 8225. West Virginia hydropower.
Sec. 8226. Electronic preparation and submission of applications.
Sec. 8227. Investments for recreation areas.
Sec. 8228. Automated fee machines.
Sec. 8229. Review of recreational hazards.
Sec. 8230. Assessment of coastal flooding mitigation modeling and
testing capacity.
Sec. 8231. Report on socially and economically disadvantaged small
business concerns.
Sec. 8232. Report on solar energy opportunities.
Sec. 8233. Report to Congress on economic valuation of preservation of
open space, recreational areas, and habitat associated with
project lands.
Sec. 8234. Report on corrosion prevention activities.
Sec. 8235. Report to Congress on easements related to water resources
development projects.
Sec. 8236. GAO studies.
Sec. 8237. Assessment of forest, rangeland, and watershed restoration
services on lands owned by the Corps of Engineers.
Subtitle C--Deauthorizations and Modifications
Sec. 8301. Deauthorization of inactive projects.
Sec. 8302. Watershed and river basin assessments.
Sec. 8303. Forecast-informed reservoir operations.
Sec. 8304. Lakes program.
Sec. 8305. Invasive species.
Sec. 8306. Maintenance of navigation channels.
Sec. 8307. Project reauthorizations.
Sec. 8308. Special rule for certain beach nourishment projects.
Sec. 8309. Columbia River Basin.
Sec. 8310. Evaluation of hydrologic changes in Souris River Basin.
Sec. 8311. Acequias irrigation systems.
Sec. 8312. Port of Nome, Alaska.
Sec. 8313. St. George, Alaska.
Sec. 8314. Unalaska (Dutch Harbor) Channels, Alaska.
Sec. 8315. Storm damage prevention and reduction, coastal erosion, and
ice and glacial damage, Alaska.
Sec. 8316. St. Francis Lake Control Structure.
Sec. 8317. South Platte River and Tributaries, Adams and Denver
Counties, Colorado.
Sec. 8318. Fruitvale Avenue Railroad Bridge, Alameda, California.
Sec. 8319. Los Angeles County, California.
Sec. 8320. Deauthorization of designated portions of the Los Angeles
County Drainage Area, California.
Sec. 8321. Murrieta Creek, California.
Sec. 8322. Sacramento River Basin, California.
Sec. 8323. San Diego River and Mission Bay, San Diego County,
California.
Sec. 8324. Additional assistance for Eastern Santa Clara Basin,
California.
Sec. 8325. San Francisco Bay, California.
Sec. 8326. South San Francisco Bay Shoreline, California.
Sec. 8327. Delaware shore protection and restoration.
Sec. 8328. St. Johns River Basin, Central and Southern Florida.
Sec. 8329. Little Pass, Clearwater Bay, Florida.
Sec. 8330. Comprehensive Everglades Restoration Plan, Florida.
Sec. 8331. Palm Beach Harbor, Florida.
Sec. 8332. Port Everglades, Florida.
Sec. 8333. South Florida Ecosystem Restoration Task Force.
Sec. 8334. New Savannah Bluff Lock and Dam, Georgia and South Carolina.
Sec. 8335. Little Wood River, Gooding, Idaho.
Sec. 8336. Chicago shoreline protection.
Sec. 8337. Great Lakes and Mississippi River Interbasin project, Brandon
Road, Will County, Illinois.
Sec. 8338. Southeast Des Moines, Southwest Pleasant Hill, Iowa.
Sec. 8339. City of El Dorado, Kansas.
Sec. 8340. Algiers Canal Levees, Louisiana.
Sec. 8341. Mississippi River Gulf Outlet, Louisiana.
Sec. 8342. Camp Ellis, Saco, Maine.
Sec. 8343. Lower Mississippi River comprehensive management study.
Sec. 8344. Upper Mississippi River protection.
Sec. 8345. Upper Mississippi River restoration program.
[[Page 136 STAT. 2430]]
Sec. 8346. Water level management on the Upper Mississippi River and
Illinois Waterway.
Sec. 8347. Mississippi Delta Headwaters, Mississippi.
Sec. 8348. Sense of Congress relating to Okatibbee Lake, Mississippi.
Sec. 8349. Argentine, East Bottoms, Fairfax-Jersey Creek, and North
Kansas Levees units, Missouri River and tributaries at Kansas
Cities, Missouri and Kansas.
Sec. 8350. Lower Missouri River streambank erosion control evaluation
and demonstration projects.
Sec. 8351. Missouri River interception-rearing complexes.
Sec. 8352. Missouri River mitigation project, Missouri, Kansas, Iowa,
and Nebraska.
Sec. 8353. Northern Missouri.
Sec. 8354. Israel River, Lancaster, New Hampshire.
Sec. 8355. Middle Rio Grande flood protection, Bernalillo to Belen, New
Mexico.
Sec. 8356. Ecosystem restoration, Hudson-Raritan Estuary, New York and
New Jersey.
Sec. 8357. Arkansas River corridor, Oklahoma.
Sec. 8358. Copan Lake, Oklahoma.
Sec. 8359. Southwestern Oregon.
Sec. 8360. Yaquina River, Oregon.
Sec. 8361. Lower Blackstone River, Rhode Island.
Sec. 8362. Charleston Harbor, South Carolina.
Sec. 8363. Colleton County, South Carolina.
Sec. 8364. Ensley levee, Tennessee.
Sec. 8365. Wolf River Harbor, Tennessee.
Sec. 8366. Addicks and Barker Reservoirs, Texas.
Sec. 8367. North Padre Island, Corpus Christi Bay, Texas.
Sec. 8368. Nueces County, Texas.
Sec. 8369. Lake Champlain Canal, Vermont and New York.
Sec. 8370. Rehabilitation of Corps of Engineers constructed dams.
Sec. 8371. Puget Sound nearshore ecosystem restoration, Washington.
Sec. 8372. Lower Mud River, Milton, West Virginia.
Sec. 8373. Northern West Virginia.
Sec. 8374. Southern West Virginia.
Sec. 8375. Environmental infrastructure.
Sec. 8376. Additional assistance for critical projects.
Sec. 8377. Conveyances.
Sec. 8378. Land transfer and trust land for Choctaw Nation of Oklahoma.
Sec. 8379. John P. Murtha Locks and Dam.
Sec. 8380. Treatment of certain benefits and costs.
Sec. 8381. Debris removal.
Sec. 8382. General reauthorizations.
Sec. 8383. Transfer of excess credit.
Sec. 8384. Treatment of credit between projects.
Sec. 8385. Non-Federal payment flexibility.
Sec. 8386. Coastal community flood control and other purposes.
Sec. 8387. National levee safety program.
Sec. 8388. Surplus water contracts and water storage agreements.
Sec. 8389. Water supply storage repair, rehabilitation, and replacement
costs.
Sec. 8390. Abandoned and inactive noncoal mine restoration.
Sec. 8391. Asian carp prevention and control pilot program.
Sec. 8392. Enhanced development program.
Sec. 8393. Recreational opportunities at certain projects.
Sec. 8394. Federal assistance.
Sec. 8395. Mississippi River mat sinking unit.
Sec. 8396. Sense of Congress on lease agreement.
Sec. 8397. Expedited completion of projects and studies.
Subtitle D--Water Resources Infrastructure
Sec. 8401. Project authorizations.
Sec. 8402. Special rules.
Sec. 8403. Facility investment.
TITLE LXXXV--CLEAN WATER
Sec. 8501. Regional water programs.
Sec. 8502. Nonpoint source management programs.
Sec. 8503. Wastewater assistance to colonias.
DIVISION I--DEPARTMENT OF STATE AUTHORIZATIONS
Sec. 9001. Short title.
[[Page 136 STAT. 2431]]
Sec. 9002. Definitions.
TITLE XCI--ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE
Sec. 9101. Modernizing the Bureau of Arms Control, Verification, and
Compliance and the Bureau of International Security and
Nonproliferation.
Sec. 9102. Notification to Congress for United States nationals
unlawfully or wrongfully detained abroad.
Sec. 9103. Family Engagement Coordinator.
Sec. 9104. Rewards for Justice.
Sec. 9105. Ensuring geographic diversity and accessibility of passport
agencies.
Sec. 9106. Cultural Antiquities Task Force.
Sec. 9107. Office of Sanctions Coordination.
Sec. 9108. Sense of Congress and strategic plan regarding the Department
of State's Unit for Subnational Diplomacy.
TITLE XCII--PERSONNEL ISSUES
Sec. 9201. Department of State paid Student Internship Program.
Sec. 9202. Improvements to the prevention of, and the response to,
harassment, discrimination, sexual assault, and related
retaliation.
Sec. 9203. Increasing the maximum amount authorized for science and
technology fellowship grants and cooperative agreements.
Sec. 9204. Additional personnel to address backlogs in hiring and
investigations.
Sec. 9205. Foreign affairs training.
Sec. 9206. Facilitation and encouragement of training and professional
development for Foreign Service and Civil Service personnel.
Sec. 9207. Security clearance approval process.
Sec. 9208. Addendum for study on foreign service allowances.
Sec. 9209. Curtailments, removals from post, and waivers of privileges
and immunities.
Sec. 9210. Report on worldwide availability.
Sec. 9211. Professional development.
Sec. 9212. Management assessments at diplomatic and consular posts.
Sec. 9213. Independent review of promotion policies.
Sec. 9214. Third party verification of permanent change of station (PCS)
orders.
Sec. 9215. Post-employment restrictions on Senate-confirmed officials at
the Department of State.
Sec. 9216. Expansion of authorities regarding special rules for certain
monthly workers' compensation payments and other payments.
Sec. 9217. Report on pilot program for lateral entry into the Foreign
Service.
Sec. 9218. Report on changes to the Foreign Service Officer test.
Sec. 9219. Dignity for people with disabilities serving in the Foreign
Service.
Sec. 9220. Expanding scope of fellowship programs to include civil
servants.
TITLE XCIII--EMBASSY SECURITY AND CONSTRUCTION
Sec. 9301. Amendments to Secure Embassy Construction and
Counterterrorism Act of 1999.
Sec. 9302. Diplomatic support and security.
Sec. 9303. Establishment of United States embassies in Solomon Islands,
Kiribati, and Tonga and a diplomatic presence in Vanuatu.
TITLE XCIV--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION
Sec. 9401. Report on barriers to applying for employment with the
Department of State.
Sec. 9402. Collection, analysis, and dissemination of workforce data.
Sec. 9403. Centers of Excellence in Foreign Affairs and Assistance.
Sec. 9404. Promoting transparency and accountability in the Department
of State workforce.
Sec. 9405. Rule of construction.
TITLE XCV--INFORMATION SECURITY AND CYBER DIPLOMACY
Sec. 9501. United States international cyberspace policy.
Sec. 9502. Bureau of Cyberspace and Digital Policy.
Sec. 9503. International cyberspace and digital policy strategy.
Sec. 9504. Government Accountability Office report on cyber diplomacy.
Sec. 9505. Report on diplomatic programs to detect and respond to cyber
threats against allies and partners.
Sec. 9506. Cybersecurity recruitment and retention.
Sec. 9507. Short course on emerging technologies for senior officials.
[[Page 136 STAT. 2432]]
Sec. 9508. Establishment and expansion of Regional Technology Officer
Program.
Sec. 9509. Vulnerability disclosure policy and bug bounty program
report.
TITLE XCVI--PUBLIC DIPLOMACY
Sec. 9601. United States participation in international fairs and
expositions.
Sec. 9602. Under Secretary for Public Diplomacy and Public Affairs.
Sec. 9603. Report on public diplomacy.
Sec. 9604. Promoting peace, education, and cultural exchange through
music diplomacy.
TITLE XCVII--OTHER MATTERS
Sec. 9701. Supporting the employment of United States citizens by
international organizations.
Sec. 9702. Increasing housing availability for certain employees
assigned to the United States Mission to the United Nations.
Sec. 9703. Limitation on United States contributions to peacekeeping
operations not authorized by the United Nations Security
Council.
Sec. 9704. Boards of Radio Free Europe/Radio Liberty, Radio Free Asia,
the Middle East Broadcasting Networks, and the Open
Technology Fund.
Sec. 9705. Broadcasting entities no longer required to consolidate into
a single private, nonprofit corporation.
Sec. 9706. International broadcasting activities.
Sec. 9707. Global internet freedom.
Sec. 9708. Arms Export Control Act alignment with the Export Control
Reform Act.
Sec. 9709. Increasing the maximum annual lease payment available without
approval by the Secretary.
Sec. 9710. Report on United States access to critical mineral resources
abroad.
Sec. 9711. Overseas United States strategic infrastructure development
projects.
Sec. 9712. Provision of parking services and retention of parking fees.
Sec. 9713. Diplomatic reception areas.
Sec. 9714. Return of supporting documents for passport applications
through United States Postal Service certified mail.
Sec. 9715. Report on distribution of personnel and resources related to
ordered departures and post closures.
Sec. 9716. Elimination of obsolete reports.
Sec. 9717. Locality pay for Federal employees working overseas under
Domestic Employee Teleworking Overseas agreements.
Sec. 9718. Report on countering the activities of malign actors.
TITLE XCVIII--EXTENSION OF AUTHORITIES
Sec. 9801. Diplomatic facilities.
Sec. 9802. Extension of existing authorities.
Sec. 9803. Commission on Reform and Modernization of the Department of
State.
DIVISION J--OCEANS AND ATMOSPHERE
Sec. 10000. Table of contents.
TITLE C--CORAL REEF CONSERVATION
Subtitle A--Reauthorization of Coral Reef Conservation Act of 2000
Sec. 10001. Reauthorization of Coral Reef Conservation Act of 2000.
Subtitle B--United States Coral Reef Task Force
Sec. 10011. Establishment.
Sec. 10012. Duties.
Sec. 10013. Membership.
Sec. 10014. Responsibilities of Federal agency members.
Sec. 10015. Working groups.
Sec. 10016. Definitions.
Subtitle C--Department of the Interior Coral Reef Authorities
Sec. 10021. Coral reef conservation and restoration assistance.
Subtitle D--Susan L. Williams National Coral Reef Management Fellowship
Sec. 10031. Susan L. Williams National Coral Reef Management Fellowship.
TITLE CI--BOLSTERING LONG-TERM UNDERSTANDING AND EXPLORATION OF THE
GREAT LAKES, OCEANS, BAYS, AND ESTUARIES
Sec. 10101. Purpose.
[[Page 136 STAT. 2433]]
Sec. 10102. Definitions.
Sec. 10103. Workforce study.
Sec. 10104. Accelerating innovation at Cooperative Institutes.
Sec. 10105. Blue Economy valuation.
Sec. 10106. No additional funds authorized.
TITLE CII--REGIONAL OCEAN PARTNERSHIPS
Sec. 10201. Findings; purposes.
Sec. 10202. Regional Ocean Partnerships.
TITLE CIII--NATIONAL OCEAN EXPLORATION
Sec. 10301. Findings.
Sec. 10302. Definitions.
Sec. 10303. Ocean Policy Committee.
Sec. 10304. National Ocean Mapping, Exploration, and Characterization
Council.
Sec. 10305. Modifications to the ocean exploration program of the
National Oceanic and Atmospheric Administration.
Sec. 10306. Repeal.
Sec. 10307. Modifications to ocean and coastal mapping program of the
National Oceanic and Atmospheric Administration.
Sec. 10308. Modifications to Hydrographic Services Improvement Act of
1998.
TITLE CIV--MARINE MAMMAL RESEARCH AND RESPONSE
Sec. 10401. Data collection and dissemination.
Sec. 10402. Stranding or entanglement response agreements.
Sec. 10403. Unusual mortality event activity funding.
Sec. 10404. Liability.
Sec. 10405. National Marine Mammal Tissue Bank and tissue analysis.
Sec. 10406. Marine Mammal Rescue and Response Grant Program and Rapid
Response Fund.
Sec. 10407. Health MAP.
Sec. 10408. Reports to Congress.
Sec. 10409. Authorization of appropriations.
Sec. 10410. Definitions.
Sec. 10411. Study on marine mammal mortality.
TITLE CV--VOLCANIC ASH AND FUMES
Sec. 10501. Modifications to National Volcano Early Warning and
Monitoring System.
TITLE CVI--LEARNING EXCELLENCE AND GOOD EXAMPLES FROM NEW DEVELOPERS
Sec. 10601. Learning excellence and good examples from new developers.
DIVISION K--DON YOUNG COAST GUARD AUTHORIZATION ACT OF 2022
Sec. 11001. Short title; table of contents.
Sec. 11002. Definitions.
Sec. 11003. Rule of construction.
TITLE CXI--AUTHORIZATIONS
Sec. 11101. Authorization of appropriations.
Sec. 11102. Authorized levels of military strength and training.
Sec. 11103. Authorization for certain programs and services.
Sec. 11104. Availability of amounts for acquisition of additional
vessels.
Sec. 11105. Shoreside infrastructure and facilities.
Sec. 11106. Coast Guard yard resilient infrastructure and construction
improvement.
TITLE CXII--COAST GUARD
Subtitle A--Infrastructure and Assets
Sec. 11201. Report on shoreside infrastructure and facilities projects.
Sec. 11202. Report and briefing on resourcing strategy for Western
Pacific region.
Sec. 11203. Study and report on national security and drug trafficking
threats in Florida Straits, Cuba, and Caribbean region.
Sec. 11204. Coast Guard Yard.
Sec. 11205. Authority to enter into transactions other than contracts
and grants to procure cost-effective technology for mission
needs.
Sec. 11206. Improvements to infrastructure and operations planning.
Sec. 11207. Aqua alert notification system pilot program.
[[Page 136 STAT. 2434]]
Sec. 11208. Pilot project for enhancing Coast Guard cutter readiness
through condition-based maintenance.
Sec. 11209. Study on laydown of Coast Guard Cutters.
Sec. 11210. Acquisition life-cycle cost estimates.
Sec. 11211. Disposition of infrastructure related to E-LORAN.
Subtitle B--Great Lakes
Sec. 11212. Great Lakes winter commerce.
Sec. 11213. Database on icebreaking operations in Great Lakes.
Sec. 11214. Center of expertise for Great Lakes oil spill search and
response.
Sec. 11215. Great Lakes snowmobile acquisition plan.
Sec. 11216. Great Lakes barge inspection exemption.
Sec. 11217. Study on sufficiency of Coast Guard aviation assets to meet
mission demands.
Subtitle C--Arctic
Sec. 11218. Establishment of medium icebreaker program office.
Sec. 11219. Arctic activities.
Sec. 11220. Study on Arctic operations and infrastructure.
Sec. 11221. Pribilof Island transition completion actions.
Sec. 11222. Report on shipyards of Finland and Sweden.
Sec. 11223. Acquisition of icebreaker.
Subtitle D--Maritime Cyber and Artificial Intelligence
Sec. 11224. Enhancing maritime cybersecurity.
Sec. 11225. Establishment of unmanned system program and autonomous
control and computer vision technology project.
Sec. 11226. Artificial intelligence strategy.
Sec. 11227. Review of artificial intelligence applications and
establishment of performance metrics.
Sec. 11228. Cyber data management.
Sec. 11229. Data management.
Sec. 11230. Study on cyber threats to United States marine
transportation system.
Subtitle E--Aviation
Sec. 11231. Space-available travel on Coast Guard aircraft: program
authorization and eligible recipients.
Sec. 11232. Report on Coast Guard Air Station Barbers Point hangar.
Sec. 11233. Study on operational availability of Coast Guard aircraft
and strategy for Coast Guard Aviation.
Subtitle F--Workforce Readiness
Sec. 11234. Authorized strength.
Sec. 11235. Continuation of officers with certain critical skills on
active duty.
Sec. 11236. Number and distribution of officers on active duty promotion
list.
Sec. 11237. Career incentive pay for marine inspectors.
Sec. 11238. Expansion of ability for selection board to recommend
officers of particular merit for promotion.
Sec. 11239. Modification to education loan repayment program.
Sec. 11240. Retirement of Vice Commandant.
Sec. 11241. Report on resignation and retirement processing times and
denial.
Sec. 11242. Calculation of active service.
Sec. 11243. Physical Disability Evaluation System procedure review.
Sec. 11244. Expansion of authority for multirater assessments of certain
personnel.
Sec. 11245. Promotion parity.
Sec. 11246. Partnership program to diversify Coast Guard.
Sec. 11247. Expansion of Coast Guard Junior Reserve Officers' Training
Corps.
Sec. 11248. Improving representation of women and racial and ethnic
minorities among Coast Guard active-duty members.
Sec. 11249. Strategy to enhance diversity through recruitment and
accession.
Sec. 11250. Support for Coast Guard Academy.
Sec. 11251. Training for congressional affairs personnel.
Sec. 11252. Strategy for retention of cuttermen.
Sec. 11253. Study on performance of Coast Guard Force Readiness Command.
Sec. 11254. Study on frequency of weapons training for Coast Guard
personnel.
Subtitle G--Miscellaneous Provisions
Sec. 11255. Modification of prohibition on operation or procurement of
foreign-made unmanned aircraft systems.
Sec. 11256. Budgeting of Coast Guard relating to certain operations.
[[Page 136 STAT. 2435]]
Sec. 11257. Report on San Diego maritime domain awareness.
Sec. 11258. Conveyance of Coast Guard vessels for public purposes.
Sec. 11259. National Coast Guard Museum funding plan.
Sec. 11260. Report on Coast Guard explosive ordnance disposal.
Sec. 11261. Transfer and conveyance.
Sec. 11262. Transparency and oversight.
Sec. 11263. Study on safety inspection program for containers and
facilities.
Sec. 11264. Operational data sharing capability.
Sec. 11265. Feasibility study on construction of Coast Guard station at
Port Mansfield.
Sec. 11266. Procurement of tethered aerostat radar system for Coast
Guard Station South Padre Island.
Sec. 11267. Prohibition on major acquisition contracts with entities
associated with Chinese Communist Party.
Sec. 11268. Review of drug interdiction equipment and standards; testing
for fentanyl during interdiction operations.
Sec. 11269. Public availability of information on monthly migrant
interdictions.
Sec. 11270. Cargo waiting time reduction.
Sec. 11271. Study on Coast Guard oversight and investigations.
Subtitle H--Sexual Assault and Sexual Harassment Response and Prevention
Sec. 11272. Administration of sexual assault forensic examination kits.
Sec. 11273. Policy on requests for permanent changes of station or unit
transfers by persons who report being the victim of sexual
assault.
Sec. 11274. Sex offenses and personnel records.
Sec. 11275. Study on Special Victims' Counsel program.
TITLE CXIII--ENVIRONMENT
Subtitle A--Marine Mammals
Sec. 11301. Definitions.
Sec. 11302. Assistance to ports to reduce impacts of vessel traffic and
port operations on marine mammals.
Sec. 11303. Near real-time monitoring and mitigation program for large
cetaceans.
Sec. 11304. Pilot program to establish a Cetacean Desk for Puget Sound
region.
Sec. 11305. Monitoring ocean soundscapes.
Subtitle B--Oil Spills
Sec. 11306. Report on changing salvors.
Sec. 11307. Limited indemnity provisions in standby oil spill response
contracts.
Sec. 11308. Improving oil spill preparedness.
Sec. 11309. Western Alaska oil spill planning criteria.
Sec. 11310. Coast Guard claims processing costs.
Sec. 11311. Calculation of interest on debt owed to national pollution
fund.
Sec. 11312. Per-incident limitation.
Sec. 11313. Access to Oil Spill Liability Trust Fund.
Sec. 11314. Cost-reimbursable agreements.
Sec. 11315. Oil spill response review.
Sec. 11316. Additional exceptions to regulations for towing vessels.
Sec. 11317. Port Coordination Council for Point Spencer.
Subtitle C--Environmental Compliance
Sec. 11318. Providing requirements for vessels anchored in established
anchorage grounds.
Sec. 11319. Study on impacts on shipping and commercial, Tribal, and
recreational fisheries from development of renewable energy
on West Coast.
Sec. 11320. Use of devices broadcasting on AIS for purposes of marking
fishing gear.
Subtitle D--Environmental Issues
Sec. 11321. Notification of communication outages.
Sec. 11322. Improvements to communication with fishing industry and
related stakeholders.
Sec. 11323. Advance notification of military or other exercises.
Sec. 11324. Modifications to Sport Fish Restoration and Boating Trust
Fund administration.
Sec. 11325. Load lines.
Sec. 11326. Actions by National Marine Fisheries Service to increase
energy production.
Sec. 11327. Aquatic Nuisance Species Task Force.
Sec. 11328. Safety standards.
[[Page 136 STAT. 2436]]
Subtitle E--Illegal Fishing and Forced Labor Prevention
Sec. 11329. Definitions.
Chapter 1--Combating Human Trafficking Through Seafood Import Monitoring
Sec. 11330. Enhancement of Seafood Import Monitoring Program Message Set
in Automated Commercial Environment system.
Sec. 11331. Data sharing and aggregation.
Sec. 11332. Import audits.
Sec. 11333. Availability of fisheries information.
Sec. 11334. Report on Seafood Import Monitoring Program.
Sec. 11335. Authorization of appropriations.
Chapter 2--Strengthening International Fisheries Management To Combat
Human Trafficking
Sec. 11336. Denial of port privileges.
Sec. 11337. Identification and certification criteria.
Sec. 11338. Equivalent conservation measures.
Sec. 11339. Capacity building in foreign fisheries.
Sec. 11340. Training of United States observers.
Sec. 11341. Regulations.
TITLE CXIV--SUPPORT FOR COAST GUARD WORKFORCE
Subtitle A--Support for Coast Guard Members and Families
Sec. 11401. Coast Guard child care improvements.
Sec. 11402. Armed Forces access to Coast Guard child development
services.
Sec. 11403. Cadet pregnancy policy improvements.
Sec. 11404. Combat-related special compensation.
Sec. 11405. Study on food security.
Subtitle B--Healthcare
Sec. 11406. Development of medical staffing standards for Coast Guard.
Sec. 11407. Healthcare system review and strategic plan.
Sec. 11408. Data collection and access to care.
Sec. 11409. Behavioral health policy.
Sec. 11410. Members asserting post-traumatic stress disorder or
traumatic brain injury.
Sec. 11411. Improvements to Physical Disability Evaluation System and
transition program.
Sec. 11412. Expansion of access to counseling.
Sec. 11413. Expansion of postgraduate opportunities for members of Coast
Guard in medical and related fields.
Sec. 11414. Study on Coast Guard medical facilities needs.
Sec. 11415. Study on Coast Guard telemedicine program.
Subtitle C--Housing
Sec. 11416. Study on Coast Guard housing access, cost, and challenges.
Sec. 11417. Audit of certain military housing conditions of enlisted
members of Coast Guard in Key West, Florida.
Sec. 11418. Study on Coast Guard housing authorities and privatized
housing.
Sec. 11419. Strategy to improve quality of life at remote units.
Subtitle D--Other Matters
Sec. 11420. Report on availability of emergency supplies for Coast Guard
personnel.
Sec. 11421. Fleet mix analysis and shore infrastructure investment plan.
TITLE CXV--MARITIME
Subtitle A--Vessel Safety
Sec. 11501. Responses to safety recommendations.
Sec. 11502. Requirements for DUKW amphibious passenger vessels.
Sec. 11503. Exoneration and limitation of liability for small passenger
vessels.
Sec. 11504. At-sea recovery operations pilot program.
Sec. 11505. Historic wood sailing vessels.
Sec. 11506. Certificates of numbers for undocumented vessels.
Sec. 11507. Comptroller General review and report on Coast Guard
oversight of third-party organizations.
[[Page 136 STAT. 2437]]
Sec. 11508. Articulated tug-barge manning.
Sec. 11509. Fishing vessel safety.
Sec. 11510. Exemptions for certain passenger vessels.
Subtitle B--Merchant Mariner Credentialing
Sec. 11511. Modernizing merchant mariner credentialing system.
Sec. 11512. Assessment regarding application process for merchant
mariner credentials.
Sec. 11513. GAO report.
Sec. 11514. Military to Mariners Act of 2022.
Sec. 11515. Definitions.
Subtitle C--Other Matters
Sec. 11516. Nonoperating individual.
Sec. 11517. Oceanographic research vessels.
Sec. 11518. Port access routes briefing.
Sec. 11519. Definition of stateless vessel.
Sec. 11520. Limitation on recovery for certain injuries incurred in
aquaculture activities.
Sec. 11521. Report on securing vessels and cargo.
Sec. 11522. Report on enforcement of coastwise laws.
Sec. 11523. Land conveyance, Sharpe Army Depot, Lathrop, California.
Sec. 11524. Prohibition on entry and operation.
Sec. 11525. Floating dry docks.
Sec. 11526. Updated requirements for fishing crew agreements.
TITLE CXVI--SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE
Sec. 11601. Definitions.
Sec. 11602. Convicted sex offender as grounds for denial.
Sec. 11603. Sexual harassment or sexual assault as grounds for
suspension or revocation.
Sec. 11604. Accommodation; notices.
Sec. 11605. Protection against discrimination.
Sec. 11606. Alcohol at sea.
Sec. 11607. Surveillance requirements.
Sec. 11608. Master key control.
Sec. 11609. Requirement to report sexual assault and harassment.
Sec. 11610. Safety management system.
Sec. 11611. Reports to Congress.
TITLE CXVII--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Subtitle A--National Oceanic and Atmospheric Administration Commissioned
Officer Corps
Sec. 11701. Definitions.
Sec. 11702. Requirement for appointments.
Sec. 11703. Repeal of requirement to promote ensigns after 3 years of
service.
Sec. 11704. Authority to provide awards and decorations.
Sec. 11705. Retirement and separation.
Sec. 11706. Improving professional mariner staffing.
Sec. 11707. Legal assistance.
Sec. 11708. Acquisition of aircraft for agency air, atmosphere, and
weather reconnaissance and research mission.
Sec. 11709. Report on professional mariner staffing models.
Subtitle B--Other Matters
Sec. 11710. Conveyance of certain property of National Oceanic and
Atmospheric Administration in Juneau, Alaska.
TITLE CXVIII--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS
Sec. 11801. Terms and vacancies.
Sec. 11802. Passenger vessel security and safety requirements.
Sec. 11803. Technical corrections.
Sec. 11804. Transportation worker identification credential technical
amendments.
Sec. 11805. Reinstatement.
Sec. 11806. Determination of budgetary effects.
Sec. 11807. Technical amendment.
Sec. 11808. Lighthouse service amendments.
[[Page 136 STAT. 2438]]
SEC. 3. <<NOTE: 10 USC 101 note.>> CONGRESSIONAL DEFENSE
COMMITTEES.
In this Act, the term ``congressional defense committees'' has the
meaning given that term in section 101(a)(16) of title 10, United States
Code.
SEC. 4. BUDGETARY EFFECTS OF THIS ACT.
The budgetary effects of this Act, for the purpose of complying with
the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, jointly submitted for printing in the
Congressional Record by the Chairmen of the House and Senate Budget
Committees, provided that such statement has been submitted prior to the
vote on passage in the House acting first on the conference report or
amendment between the Houses.
SEC. 5. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in the House
section of the Congressional Record on or about December 7, 2022, by the
Chairman of the Committee on Armed Services of the House of
Representatives and the Chairman of the Committee on Armed Services of
the Senate, shall have the same effect with respect to the
implementation of this Act as if it were a joint explanatory statement
of a committee of conference.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
Sec. 111. Limitations on production of Extended Range Cannon Artillery
howitzers.
Subtitle C--Navy Programs
Sec. 121. Requirements relating to EA-18G aircraft of the Navy.
Sec. 122. Navy shipbuilding workforce development special incentive.
Sec. 123. Extension of prohibition on availability of funds for Navy
port waterborne security barriers.
Sec. 124. Limitation on authority to modify capabilities and fleet
configuration of E-6B aircraft.
Sec. 125. Multiyear procurement authority for Arleigh Burke class
destroyers.
Sec. 126. Procurement authority for Ship-to-Shore Connector program.
Sec. 127. Procurement authority for CH-53K heavy lift helicopter
program.
Sec. 128. Procurement authorities for John Lewis-class fleet
replenishment oiler ships.
Sec. 129. Procurement authorities for certain amphibious shipbuilding
programs.
Sec. 130. Contracts for design and construction of the DDG(X) destroyer
program.
Sec. 131. Tomahawk and Standard Missile-6 capability on FFG-62 class
vessels.
Sec. 132. Report on advance procurement for CVN-82 and CVN-83.
Sec. 133. Quarterly briefings on the CH-53K King Stallion helicopter
program.
Subtitle D--Air Force Programs
Sec. 141. Modification of inventory requirements for aircraft of the
combat air forces.
Sec. 142. Inventory and other requirements relating to air refueling
tanker aircraft.
Sec. 143. Requirements relating to F-22 aircraft.
Sec. 144. Modification of exception to prohibition on certain reductions
to B-1 bomber aircraft squadrons.
Sec. 145. Repeal of Air Force E-8C force presentation requirement.
[[Page 136 STAT. 2439]]
Sec. 146. Minimum inventory of C-130 aircraft.
Sec. 147. Prohibition on availability of funds for retirement of C-40
aircraft.
Sec. 148. Prohibition on availability of funds for termination of
production lines for HH-60W aircraft.
Sec. 149. Prohibition on certain reductions to inventory of E-3 airborne
warning and control system aircraft.
Sec. 150. Limitation on divestment of F-15 aircraft.
Sec. 151. Authority to procure upgraded ejection seats for certain T-38A
aircraft.
Sec. 152. Procurement authority for digital mission operations platform
for the Space Force.
Sec. 153. Digital transformation commercial software acquisition.
Sec. 154. Requirements study and strategy for the combat search and
rescue mission of the Air Force.
Sec. 155. Plan for transfer of KC-135 aircraft to the Air National
Guard.
Sec. 156. Annual reports on T-7A Advanced Pilot Training System.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 161. Increase in Air Force and Navy use of used commercial dual-use
parts in certain aircraft and engines.
Sec. 162. Assessment and strategy for fielding capabilities to counter
threats posed by unmanned aerial system swarms.
Sec. 163. Assessment and report on military rotary wing aircraft
industrial base.
Sec. 164. Comptroller General audit of efforts to modernize the
propulsion, power, and thermal management systems of F-35
aircraft.
Subtitle A--Authorization of Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2023
for procurement for the Army, the Navy and the Marine Corps, the Air
Force and the Space Force, and Defense-wide activities, as specified in
the funding table in section 4101.
Subtitle B--Army Programs
SEC. 111. LIMITATIONS ON PRODUCTION OF EXTENDED RANGE CANNON
ARTILLERY HOWITZERS.
(a) Limitations.--In carrying out the acquisition of Extended Range
Cannon Artillery howitzers, the Secretary of the Army shall--
(1) limit production of prototype Extended Range Cannon
Artillery howitzers to not more than 20;
(2) compare the cost and value to the United States
Government of a Paladin Integrated Management-modification
production approach with a new-build production approach;
(3) include in any cost analysis or comparison--
(A) the monetary value of a Paladin howitzer that
may be modified to produce an Extended Range Cannon
Artillery howitzer; and
(B) the monetary value of leveraging government-
owned infrastructure to facilitate the modification;
(4) use a full and open competitive approach using best
value criteria for post-prototype production source selection;
and
(5) base any production strategy and source selection
decisions on a full understanding of the cost of production,
including--
(A) the comparison of production approaches
described in paragraph (2); and
[[Page 136 STAT. 2440]]
(B) any cost analysis or comparison described in
paragraph (3).
(b) Certification.--Before issuing a request for proposal for the
post-prototype production of an Extended Range Cannon Artillery
howitzer, the Secretary of the Army shall--
(1) <<NOTE: Compliance.>> certify to the congressional
defense committees that the acquisition strategy upon which the
request for proposal is based complies with the requirements of
subsection (a); and
(2) <<NOTE: Briefing.>> provide to the congressional
defense committees a briefing on that acquisition strategy and
the relevant cost and value comparison described in subsection
(a)(2).
(c) Inclusion of Certain Information in Budget Materials.--The
Secretary of the Army shall ensure that the cost of procuring Paladin
howitzers to be modified for post-prototype production of Extended Range
Cannon Artillery howitzers is included--
(1) in the materials relating to the Extended Range Cannon
Artillery program submitted in support of the budget of the
President (as submitted to Congress under section 1105(a) of
title 31, United States Code) for each fiscal year in which such
program is carried out; and
(2) in any budget briefings concerning such program.
Subtitle C--Navy Programs
SEC. 121. REQUIREMENTS RELATING TO EA-18G AIRCRAFT OF THE NAVY.
(a) Limitations and Minimum Inventory Requirements.--Section 8062 of
title 10, United States Code, is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection:
``(f)(1)(A) <<NOTE: Time period.>> During the period beginning on
the date of the enactment of the National Defense Authorization Act for
Fiscal Year 2023 and ending on September 30, 2027, the Secretary of the
Navy may not--
``(i) retire an EA-18G aircraft;
``(ii) reduce funding for unit personnel or
weapon system sustainment activities for EA-18G
aircraft in a manner that presumes future
congressional authority to divest such aircraft;
``(iii) place an EA-18G aircraft in active
storage status or inactive storage status; or
``(iv) keep an EA-18G aircraft in a status
considered excess to the requirements of the
possessing command and awaiting disposition
instructions.
``(B) <<NOTE: Determination.>> The prohibition under
subparagraph (A) shall not apply to individual EA-18G aircraft
that the Secretary of the Navy determines, on a case-by-case
basis, to be no longer mission capable and uneconomical to
repair because of aircraft accidents or mishaps.
``(2)(A) The Secretary of the Navy shall maintain a total aircraft
inventory of EA-18G aircraft of not less than 158 aircraft, of which not
less than 126 aircraft shall be coded as primary mission aircraft
inventory.
[[Page 136 STAT. 2441]]
``(B) <<NOTE: Determination.>> The Secretary of the Navy may reduce
the number of EA-18G aircraft in the inventory of the Navy below the
minimum number specified in subparagraph (A) if the Secretary
determines, on a case-by-case basis, that an aircraft is no longer
mission capable and uneconomical to repair because of aircraft accidents
or mishaps.
``(C) <<NOTE: Definition.>> In this paragraph, the term `primary
mission aircraft inventory' means aircraft assigned to meet the primary
aircraft authorization--
``(i) to a unit for the performance of its wartime mission;
``(ii) to a training unit for technical and specialized
training for crew personnel or leading to aircrew qualification;
``(iii) to a test unit for testing of the aircraft or its
components for purposes of research, development, test, and
evaluation, operational test and evaluation, or to support
testing programs; or
``(iv) to meet requirements for missions not otherwise
specified in clauses (i) through (iii).''.
(b) <<NOTE: Strategy. Execution plan.>> Report Required.--Not later
than 180 days after the date of the enactment of this Act, the Secretary
of the Navy and the Secretary of the Air Force shall jointly submit to
the congressional defense committees a report that includes a strategy
and execution plan for continuously and effectively meeting the airborne
electronic attack training and combat requirements of the joint force.
At a minimum, the strategy and execution plan shall provide for--
(1) the integration and utilization of both reserve and
active duty component forces and resources within the Department
of the Navy and the Department of the Air Force; and
(2) the establishment or continuation of one or more joint
service expeditionary, land-based electronic attack squadrons
that equal or exceed the capacity and capability of such
squadrons in effect as of the date of the enactment of this Act.
SEC. 122. NAVY SHIPBUILDING WORKFORCE DEVELOPMENT SPECIAL
INCENTIVE.
(a) In General.--Chapter 863 of title 10, United States Code, is
amended by adding at the end the following new section:
``SEC. 8696. <<NOTE: 10 USC 8696.>> NAVY SHIPBUILDING WORKFORCE
DEVELOPMENT SPECIAL INCENTIVE.
``(a) Requirement.--
``(1) In general.--The Secretary of the Navy shall include
in any solicitation for a covered contract a special incentive
for workforce development that funds one or more workforce
development activities described in subsection (c).
``(2) Amount of special incentive.--The amount of a special
incentive required under subsection (a)(1) shall be equal to not
less than one quarter of one percent and not more than one
percent of the estimated cost of the covered contract.
``(3) Waiver.--
``(A) <<NOTE: Determination.>> In general.--The
Secretary of the Navy may waive one or more of the
requirements of this section if the Secretary
determines--
``(i) unreasonable cost or delay would be
incurred by complying with such requirements;
``(ii) existing workforce development
initiatives are sufficient to meet workforce
needs;
``(iii) there are minimal workforce
development issues to be addressed; or
[[Page 136 STAT. 2442]]
``(iv) it is not in the national security
interests of the United States to comply with such
requirements.
``(B) <<NOTE: Deadline.>> Notice to congress.--Not
less than 30 days prior to issuing a waiver under
subparagraph (A), the Secretary of the Navy shall submit
to the congressional defense committees written notice
of the intent of the Secretary to issue such a waiver.
Such notice shall specify the basis for such waiver and
include a detailed explanation of the reasons for
issuing the waiver.
``(b) Matching Contribution Requirement.--
``(1) In general.--Funds for a special incentive for
workforce development required under subsection (a)(1) may be
expended only--
``(A) <<NOTE: Effective date.>> on or after the
date on which the service acquisition executive of the
Navy receives a written commitment from one or more
entities described in paragraph (2) of separate and
distinct cumulative monetary contributions to be made on
or after the date of such commitment for workforce
development; and
``(B) in an amount that is equal to the aggregate
amount of all monetary contributions from entities that
made commitments under subparagraph (A) not to exceed
the amount of funding made available for the special
incentive under subsection (a)(2).
``(2) Entities described.--The entities described in this
paragraph are the following:
``(A) The prime contractor that was awarded a
covered contract.
``(B) A qualified subcontractor.
``(C) A State government or other State entity.
``(D) A county government or other county entity.
``(E) A local government or other local entity.
``(F) An industry association, organization, or
consortium that directly supports workforce development.
``(3) Special rule.--In a case in which the aggregate amount
of all monetary contributions from entities that made
commitments under paragraph (1)(A) is less than the minimum
amount specified for the special incentive under subsection
(a)(2), funds for the special incentive may be expended in an
amount equal to such lesser amount.
``(c) Authorized Activities.--
``(1) In general.--Funds for a special incentive for
workforce development required under subsection (a)(1) may be
obligated or expended only to provide for the activities
described in paragraph (2) in support of the production and
production support workforce of the prime contractor concerned
or a qualified subcontractor concerned.
``(2) Activities described.--The activities described in
this paragraph are the following:
``(A) The creation of short- and long-term workforce
housing, transportation, and other support services to
facilitate attraction, relocation, and retention of
workers.
``(B) The expansion of local talent pipeline
programs for both new and existing workers.
``(C) Investments in long-term outreach in middle
school and high school programs, specifically career and
[[Page 136 STAT. 2443]]
technical education programs, to promote and develop
manufacturing skills.
``(D) The development or modification of facilities
for the primary purpose of workforce development.
``(E) Payment of direct costs attributable to
workforce development.
``(F) Attraction and retention bonus programs.
``(G) On-the-job training to develop key
manufacturing skills.
``(d) Approval Requirement.--The service acquisition executive of
the Navy shall--
``(1) provide the final approval of the use of funds for a
special incentive for workforce development required under
subsection (a)(1); and
``(2) <<NOTE: Deadline. Certification. Compliance.>> not
later than 30 days after the date on which such approval is
provided, certify to the congressional defense committees
compliance with the requirements of subsections (b) and (c),
including--
``(A) a detailed explanation of such compliance; and
``(B) the associated benefits to--
``(i) the Federal Government; and
``(ii) the shipbuilding industrial base of the
Navy.
``(e) Definitions.--In this section:
``(1) The term `covered contract' means a prime contract for
the construction of a naval vessel funded using amounts
appropriated or otherwise made available for Shipbuilding and
Conversion, Navy.
``(2) The term `qualified subcontractor' means a
subcontractor that will deliver the vessel or vessels awarded
under a covered contract to the Navy.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 863 of such title <<NOTE: 10 USC prec. 8661.>> is amended by
adding at the end the following new item:
``8696. Navy shipbuilding workforce development special incentive.''.
(c) <<NOTE: 10 USC 8696 note.>> Applicability.--Section 8696 of
title 10, United States Code, as added by subsection (a), shall apply
with respect to--
(1) <<NOTE: Effective date.>> a solicitation for a covered
contract (as defined in subsection (e) of that section) made on
or after June 1, 2023; and
(2) a solicitation or award of a covered contract, if
otherwise determined appropriate by the Secretary of the Navy.
SEC. 123. EXTENSION OF PROHIBITION ON AVAILABILITY OF FUNDS FOR
NAVY PORT WATERBORNE SECURITY BARRIERS.
(a) In General.--Subsection (a) of section 130 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232; 132 Stat. 1665), as most recently amended by section 122 of the
National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-
81; 135 Stat. 1570), is further amended by striking ``for fiscal years
2019, 2020, 2021, or 2022'' and inserting ``for any of fiscal years 2019
through 2023''.
(b) Technical Amendment.--Subsection (b)(4) of such section is
amended by striking ``section 2304'' and inserting ``sections 3201
through 3205''.
[[Page 136 STAT. 2444]]
SEC. 124. LIMITATION ON AUTHORITY TO MODIFY CAPABILITIES AND FLEET
CONFIGURATION OF E-6B AIRCRAFT.
(a) Limitation.--Until the date on which the certification described
in subsection (b) is submitted to the congressional defense committees,
the Secretary of the Navy--
(1) may not retire, or prepare to retire, any E-6B aircraft;
(2) shall maintain the fleet of E-6B aircraft in the
configuration in effect as of the date of the enactment of this
Act; and
(3) shall ensure that E-6B aircraft continue to meet the
operational requirements of the combatant commands that are met
by such aircraft as of the date of the enactment of this Act.
(b) Certification Described.--The certification described in this
subsection is a written certification from the Chair of the Joint
Requirements Oversight Council indicating that the replacement
capability for the E-6B aircraft--
(1) will be fielded at the same time or before the
retirement of the first E-6B aircraft; and
(2) at the time such replacement capability achieves initial
operational capability, will have the ability to meet the
operational requirements of the combatant commands that have
been, or that are expected to be, assigned to such replacement
capability.
(c) <<NOTE: Determination.>> Exception.--The requirements of
subsection (a) shall not apply to an individual E-6B aircraft otherwise
required to be maintained by that subsection if the Secretary of the
Navy determines, on a case-by-case basis, that such aircraft is no
longer mission capable due to a mishap or other damage.
SEC. 125. MULTIYEAR PROCUREMENT AUTHORITY FOR ARLEIGH BURKE CLASS
DESTROYERS.
(a) Authority for Multiyear Procurement.--Subject to section 3501 of
title 10, United States Code, the Secretary of the Navy may enter into
one or more multiyear contracts for the procurement of up to 15 Arleigh
Burke class Flight III guided missile destroyers.
(b) <<NOTE: Effective date.>> Authority for Advance Procurement.--
The Secretary of the Navy may enter into one or more contracts,
beginning in fiscal year 2023, for advance procurement associated with
the destroyers for which authorization to enter into a multiyear
procurement contract is provided under subsection (a), and for systems
and subsystems associated with such destroyers in economic order
quantities when cost savings are achievable.
(c) Condition for Out-year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2023 is subject to the availability of appropriations
or funds for that purpose for such later fiscal year.
(d) Mandatory Inclusion of Pre-priced Option in Certain
Circumstances.--
(1) In general.--In the event the total base quantity of
destroyers to be procured through all contracts entered into
under subsection (a) is less than 15, the Secretary of the Navy
shall ensure that one or more of the contracts includes a pre-
priced option for the procurement of additional destroyers such
[[Page 136 STAT. 2445]]
that the sum of such base quantity and the number of destroyers
that may be procured through the exercise of such options is
equal to 15 destroyers.
(2) Definitions.--In this subsection:
(A) The term ``base quantity'' means the quantity of
destroyers to be procured under a contract entered into
under subsection (a) excluding any quantity of
destroyers that may be procured through the exercise of
an option that may be part of such contract.
(B) The term ``pre-priced option'' means a contract
option for a contract entered into under subsection (a)
that, if exercised, would allow the Secretary of the
Navy to procure a destroyer at a predetermined price
specified in such contract.
(e) Limitation.--The Secretary of the Navy may not modify a contract
entered into under subsection (a) if the modification would increase the
target price of the destroyer by more than 10 percent above the target
price specified in the original contract for the destroyer under
subsection (a).
SEC. 126. PROCUREMENT AUTHORITY FOR SHIP-TO-SHORE CONNECTOR
PROGRAM.
(a) <<NOTE: Effective date.>> Contract Authority.--Beginning in
fiscal year 2023, the Secretary of the Navy may enter into one or more
contracts for the procurement of up to 25 Ship-to-Shore Connector class
craft and associated material.
(b) Liability.--Any contract entered into under subsection (a) shall
provide that--
(1) any obligation of the United States to make a payment
under the contract is subject to the availability of
appropriations for that purpose; and
(2) the total liability of the Federal Government for
termination of the contract shall be limited to the total amount
of funding obligated to the contract at the time of termination.
(c) <<NOTE: Deadline.>> Certification Required.--A contract may not
be entered into under subsection (a) unless the Secretary of the Navy
certifies to the congressional defense committees, in writing, not later
than 30 days before entry into the contract, each of the following,
which shall be prepared by the milestone decision authority for the
Ship-to-Shore Connector program:
(1) The use of such a contract is consistent with the Chief
of Naval Operations' projected force structure requirements for
Ship-to-Shore Connector class craft.
(2) The use of such a contract will result in significant
savings compared to the total anticipated costs of carrying out
the program through annual contracts. In certifying cost savings
under the preceding sentence, the Secretary shall include a
written explanation of--
(A) the estimated end cost and appropriated funds by
fiscal year, by craft, without the authority provided in
subsection (a);
(B) the estimated end cost and appropriated funds by
fiscal year, by craft, with the authority provided in
subsection (a);
(C) the estimated cost savings or increase by fiscal
year, by craft, with the authority provided in
subsection (a);
[[Page 136 STAT. 2446]]
(D) the discrete actions that will accomplish such
cost savings or avoidance; and
(E) the contractual actions that will ensure the
estimated cost savings are realized.
(3) There is a reasonable expectation that throughout the
contemplated contract period the Secretary of the Navy will
request funding for the contract at the level required to avoid
contract cancellation.
(4) There is a stable design for the property to be acquired
and the technical risks associated with such property are not
excessive.
(5) The estimates of both the cost of the contract and the
anticipated cost avoidance through the use of a contract
authorized under subsection (a) are realistic, including a
description of the basis for such estimates.
(6) The use of such a contract will promote the national
security of the United States.
(7) During the fiscal year in which such contract is to be
awarded, sufficient funds will be available to perform the
contract in such fiscal year.
(d) Milestone Decision Authority Defined.--In this section, the term
``milestone decision authority'' has the meaning given that term in
section 4251(d) of title 10, United States Code.
SEC. 127. PROCUREMENT AUTHORITY FOR CH-53K HEAVY LIFT HELICOPTER
PROGRAM.
(a) <<NOTE: Time periods.>> Contract Authority.--During fiscal
years 2023 and 2024, the Secretary of the Navy may enter into one or
more fixed-price contracts for the procurement of airframes and engines
in support of the CH-53K heavy lift helicopter program (in this section
referred to as the ``program'').
(b) Liability.--Any contract entered into under subsection (a) shall
provide that--
(1) any obligation of the United States to make a payment
under the contract is subject to the availability of
appropriations for that purpose; and
(2) the total liability of the Federal Government for
termination of the contract shall be limited to the total amount
of funding obligated to the contract at the time of termination.
(c) <<NOTE: Deadline.>> Certification Required.--A contract may not
be entered into under subsection (a) unless the Secretary of Defense
certifies to the congressional defense committees, in writing, not later
than 30 days before entry into the contract, each of the following,
which shall be prepared by the milestone decision authority (as defined
in section 4251(d) of title 10, United States Code) for the program:
(1) The use of such a contract will result in significant
savings compared to the total anticipated costs of carrying out
the program through annual contracts. In certifying cost savings
under the preceding sentence, the Secretary shall include a
written explanation of--
(A) the estimated obligations and expenditures by
fiscal year for the program without the authority
provided in subsection (a);
(B) the estimated obligations and expenditures by
fiscal year for the program with the authority provided
in subsection (a);
[[Page 136 STAT. 2447]]
(C) the estimated cost savings or increase by fiscal
year for the program with the authority provided in
subsection (a);
(D) the discrete actions that will accomplish such
cost savings or avoidance; and
(E) the contractual actions that will ensure the
estimated cost savings are realized.
(2) There is a reasonable expectation that throughout the
contemplated contract period the Secretary of Defense will
request funding for the contract at the level required to avoid
contract cancellation.
(3) There is a stable design for the property to be acquired
and the technical risks associated with such property are not
excessive.
(4) <<NOTE: Cost estimates.>> The estimates of both the cost
of the contract and the anticipated cost avoidance through the
use of a contract authorized under subsection (a) are realistic.
(5) The use of such a contract will promote the national
security of the United States.
(6) During the fiscal year in which such contract is to be
awarded, sufficient funds will be available to perform the
contract in such fiscal year, and the future-years defense
program submitted to Congress under section 221 of title 10,
United States Code, for such fiscal year will include the
funding required to execute the program without cancellation.
SEC. 128. PROCUREMENT AUTHORITIES FOR JOHN LEWIS-CLASS FLEET
REPLENISHMENT OILER SHIPS.
(a) Contract Authority.--
(1) <<NOTE: Time periods.>> Procurement authorized.--During
fiscal years 2023 and 2024, the Secretary of the Navy may enter
into one or more contracts for the procurement of not more than
eight John Lewis-class fleet replenishment oiler ships.
(2) Procurement in conjunction with existing contracts.--The
ships authorized to be procured under paragraph (1) may be
procured as additions to existing contracts covering the John
Lewis-class fleet replenishment oiler ship program.
(b) <<NOTE: Deadline.>> Certification Required.--A contract may not
be entered into under subsection (a) unless the Secretary of the Navy
certifies to the congressional defense committees, in writing, not later
than 30 days before entry into the contract, each of the following,
which shall be prepared by the milestone decision authority for the John
Lewis-class fleet replenishment oiler ship program:
(1) The use of such a contract is consistent with the
Department of the Navy's projected force structure requirements
for such ships.
(2) The use of such a contract will result in significant
savings compared to the total anticipated costs of carrying out
the program through annual contracts. In certifying cost savings
under the preceding sentence, the Secretary shall include a
written explanation of--
(A) the estimated end cost and appropriated funds by
fiscal year, by hull, without the authority provided in
subsection (a);
(B) the estimated end cost and appropriated funds by
fiscal year, by hull, with the authority provided in
subsection (a);
[[Page 136 STAT. 2448]]
(C) the estimated cost savings or increase by fiscal
year, by hull, with the authority provided in subsection
(a);
(D) the discrete actions that will accomplish such
cost savings or avoidance; and
(E) the contractual actions that will ensure the
estimated cost savings are realized.
(3) There is a reasonable expectation that throughout the
contemplated contract period the Secretary of the Navy will
request funding for the contract at the level required to avoid
contract cancellation.
(4) There is a stable design for the property to be acquired
and the technical risks associated with such property are not
excessive.
(5) <<NOTE: Cost estimates.>> The estimates of both the
cost of the contract and the anticipated cost avoidance through
the use of a contract authorized under subsection (a) are
realistic.
(6) The use of such a contract will promote the national
security of the United States.
(7) During the fiscal year in which such contract is to be
awarded, sufficient funds will be available to perform the
contract in such fiscal year, and the future-years defense
program (as defined under section 221 of title 10, United States
Code) for such fiscal year will include the funding required to
execute the program without cancellation.
(c) Authority for Advance Procurement.--The Secretary of the Navy
may enter into one or more contracts for advance procurement associated
with a ship or ships for which authorization to enter into a contract is
provided under subsection (a), and for systems and subsystems associated
with such ships in economic order quantities when cost savings are
achievable.
(d) Condition for Out-year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year is
subject to the availability of appropriations for that purpose for such
fiscal year.
(e) Milestone Decision Authority Defined.--In this section, the term
``milestone decision authority'' has the meaning given that term in
section 4251(d) of title 10, United States Code.
SEC. 129. PROCUREMENT AUTHORITIES FOR CERTAIN AMPHIBIOUS
SHIPBUILDING PROGRAMS.
(a) Contract Authority.--
(1) Procurement authorized.--The Secretary of the Navy may
enter into one or more contracts for the procurement of up to
five covered ships.
(2) Procurement in conjunction with existing contracts.--The
ships authorized to be procured under paragraph (1) may be
procured as additions to existing contracts covering programs
for covered ships.
(b) <<NOTE: Deadline.>> Certification Required.--A contract may not
be entered into under subsection (a) unless the Secretary of the Navy
certifies to the congressional defense committees, in writing, not later
than 30 days before entry into the contract, each of the following,
which shall be prepared by the milestone decision authority for the
covered ship program concerned:
[[Page 136 STAT. 2449]]
(1) The use of such a contract is consistent with the
Commandant of the Marine Corps' projected force structure
requirements for amphibious ships.
(2) The use of such a contract will result in savings
compared to the total anticipated costs of carrying out the
program through annual contracts. In certifying cost savings
under the preceding sentence, the Secretary shall include a
written explanation of--
(A) the estimated end cost and appropriated funds by
fiscal year, by hull, without the authority provided in
subsection (a);
(B) the estimated end cost and appropriated funds by
fiscal year, by hull, with the authority provided in
subsection (a);
(C) the estimated cost savings or increase by fiscal
year, by hull, with the authority provided in subsection
(a); and
(D) the contractual actions that will ensure the
estimated cost savings are realized.
(3) The Secretary of the Navy has a reasonable expectation
that throughout the contemplated contract period funding will be
available for the contract at the level required to avoid
contract cancellation.
(4) There is a stable design for the property to be acquired
and the technical risks associated with such property are not
excessive.
(5) <<NOTE: Cost estimates.>> The estimates of both the
cost of the contract and the anticipated cost avoidance through
the use of a contract authorized under subsection (a) are
realistic.
(6) The use of such a contract will promote the national
security of the United States.
(7) During the fiscal year in which such contract is to be
awarded, sufficient funds will be available to perform the
contract in such fiscal year.
(c) Authority for Advance Procurement.--The Secretary of the Navy
may enter into one or more contracts for advance procurement associated
with a ship or ships for which authorization to enter into a contract is
provided under subsection (a), and for systems and subsystems associated
with such ships in economic order quantities when cost savings are
achievable.
(d) Condition for Out-year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year is
subject to the availability of appropriations for that purpose for such
fiscal year.
(e) Termination.--The authority of the Secretary of the Navy to
enter into contracts under subsection (a) shall terminate on September
30, 2026.
(f) Definitions.--In this section:
(1) The term ``covered ship'' means a San Antonio-class or
America-class ship.
(2) The term ``milestone decision authority'' has the
meaning given that term in section 4251(d) of title 10, United
States Code.
[[Page 136 STAT. 2450]]
SEC. 130. CONTRACTS FOR DESIGN AND CONSTRUCTION OF THE DDG(X)
DESTROYER PROGRAM.
(a) In General.--If the milestone decision authority of the covered
program elects to use source selection procedures for the detailed
design and construction of the covered program other than those
specified in section 3201 of title 10, United States Code, the Secretary
of the Navy--
(1) with respect to prime contracts for concept design,
preliminary design, and contract design for the covered
program--
(A) shall award such contracts to eligible
shipbuilders; and
(B) may award such contracts to other contractors;
(2) shall award prime contracts for detailed design and
construction for the covered program only to eligible
shipbuilders; and
(3) shall allocate only one vessel in the covered program to
each eligible shipbuilder that is awarded a prime contract under
paragraph (2).
(b) Collaboration Requirement.--The Secretary of the Navy shall
maximize collaboration among the Federal Government and eligible
shipbuilders throughout the design and development phases of the covered
program, including--
(1) using a common design tool; and
(2) sharing production lessons learned.
(c) Competitive Incentive Requirement.--The Secretary of the Navy
shall provide for competitive incentives for eligible shipbuilders and
other contractors throughout the design, development, and production
phases of the covered program, including the following:
(1) Allocation of design labor hours, provided that no
eligible shipbuilder has fewer than 30 percent of aggregate
design labor hours for any phase of vessel design for the
covered program.
(2) Allocation of the lead ship in the covered program.
(3) To the maximum extent practicable, competitive
solicitations for vessel procurement under the covered program.
(d) Technology Maturation Requirements.--The Secretary of the Navy
shall incorporate into the acquisition strategy of the covered program
the requirements of the following:
(1) Section 131 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1237).
(2) Section 221 of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1599).
(e) Transition Requirement.--The Secretary of the Navy shall ensure
that the transition from the Arleigh Burke-class destroyer program to
the covered program maintains predictable production workload for
eligible shipbuilders.
(f) Definitions.--In this section:
(1) The term ``covered program'' means the program of the
Department of the Navy to procure DDG(X) destroyer class
vessels.
(2) The term ``eligible shipbuilder'' means a prime
contractor designated by the milestone decision authority to
perform detailed design and construction of the covered program.
(3) The term ``milestone decision authority'' has the
meaning given in section 4211 of title 10, United States Code.
[[Page 136 STAT. 2451]]
SEC. 131. TOMAHAWK AND STANDARD MISSILE-6 CAPABILITY ON FFG-62
CLASS VESSELS.
Before the first deployment of the vessel designated FFG-63 and that
of each successive vessel in the FFG-62 class, the Secretary of the Navy
shall ensure that such vessel is capable of carrying and employing
Tomahawk and Standard Missile-6 missiles.
SEC. 132. REPORT ON ADVANCE PROCUREMENT FOR CVN-82 AND CVN-83.
(a) Report.--Not later than March 1, 2023, the Secretary of the Navy
shall submit to the congressional defense committees a report on the
plan of the Navy for advance procurement for the aircraft carriers
designated CVN-82 and CVN-83.
(b) <<NOTE: Assessments.>> Elements.--The report required by
subsection (a) shall include an assessment of--
(1) the value, cost, and feasibility of a two-year advance
procurement period under a single-carrier acquisition strategy;
(2) the value, cost, and feasibility of a three-year advance
procurement period under a single-carrier acquisition strategy;
(3) the value, cost, and feasibility of a two-year advance
procurement period under a two-carrier acquisition strategy;
(4) the value, cost, and feasibility of a three-year advance
procurement period under a two-carrier acquisition strategy; and
(5) the effect of a two-carrier acquisition strategy on
force development and fleet capability.
(c) Definitions.--In this section:
(1) The term ``single-carrier acquisition strategy'' means a
strategy for the procurement of the aircraft carriers designated
CVN-82 and CVN-83 pursuant to which each aircraft carrier is
procured separately under a different contract.
(2) The term ``two-carrier acquisition strategy'' means a
strategy for the procurement of the aircraft carriers designated
CVN-82 and CVN-83 pursuant to which both aircraft carriers are
procured together under one contract.
SEC. 133. QUARTERLY BRIEFINGS ON THE CH-53K KING STALLION
HELICOPTER PROGRAM.
(a) <<NOTE: Deadline.>> In General.--Not later than 30 days after
the date of the enactment of this Act, and on a quarterly basis
thereafter through the end of fiscal year 2024, the Secretary of the
Navy shall provide to the Committees on Armed Services of the Senate and
the House of Representatives a briefing on the progress of the CH-53K
King Stallion helicopter program.
(b) Elements.--Each briefing under subsection (a) shall include,
with respect to the CH-53K King Stallion helicopter program, the
following:
(1) <<NOTE: Overview.>> An overview of the program
schedule.
(2) <<NOTE: Cost statement.>> A statement of the total cost
of the program as of the date of the briefing, including the
cost of development, testing, and production.
(3) A comparison of the total cost of the program relative
to the original acquisition program baseline and the most
recently approved acquisition program baseline as of the date of
the briefing.
[[Page 136 STAT. 2452]]
(4) <<NOTE: Assessment.>> An assessment of the flight
testing that remains to be conducted under the program,
including any testing required for validation of correction of
technical deficiencies.
(5) <<NOTE: Update.>> An update on the status of the
correction of technical deficiencies under the program and any
effects on the program schedule resulting from the discovery and
correction of such deficiencies.
(c) Conforming Repeal.--Section 132 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat.
1238) is repealed.
Subtitle D--Air Force Programs
SEC. 141. MODIFICATION OF INVENTORY REQUIREMENTS FOR AIRCRAFT OF
THE COMBAT AIR FORCES.
(a) Total Fighter Aircraft Inventory Requirements.--Section
9062(i)(1) of title 10, United States Code, is amended by striking
``1,970'' and inserting ``1,800''.
(b) A-10 Minimum Inventory Requirements.--
(1) Section 134(d) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2038) is
amended by striking ``171'' and inserting ``153''.
(2) Section 142(b)(2) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 755) is
amended by striking ``171'' and inserting ``153''.
(c) Modification of Limitation on Availability of Funds for
Destruction of A-10 Aircraft in Storage Status.--Section 135(a) of the
National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 130 Stat. 2039) is amended by striking ``the report required under
section 134(e)(2)'' and inserting ``a report that includes the
information described in section 134(e)(2)(C)''.
SEC. 142. INVENTORY AND OTHER REQUIREMENTS RELATING TO AIR
REFUELING TANKER AIRCRAFT.
(a) Minimum Inventory Requirement for Air Refueling Tanker
Aircraft.--Section 9062(j) of title 10, United States Code, is amended--
(1) by striking ``effective October 1, 2019,''; and
(2) by striking ``479'' each place it appears and inserting
``466''.
(b) Repeal of Limitation on Retirement of KC-135 Aircraft.--Section
137 of the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81; 135 Stat. 1576) is amended--
(1) by striking subsection (b); and
(2) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
(c) Minimum Number of Air Refueling Tanker Aircraft in PMAI of the
Air Force.--Section 135(a) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134
Stat. 3431) is amended by striking ``412'' and inserting ``400''.
(d) Prohibition on Reduction of KC-135 Aircraft in PMAI of the
Reserve Components.--
(1) In general.--None of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal
year
[[Page 136 STAT. 2453]]
2023 for the Air Force may be obligated or expended to reduce,
by more than 12 aircraft, the number of KC-135 aircraft
designated as primary mission aircraft inventory within the
reserve components of the Air Force.
(2) Primary mission aircraft inventory defined.--In this
subsection, the term ``primary mission aircraft inventory'' has
the meaning given that term in section 9062(i)(2)(B) of title
10, United States Code.
SEC. 143. REQUIREMENTS RELATING TO F-22 AIRCRAFT.
(a) Limitations and Minimum Inventory Requirements.--Section 9062 of
title 10, United States Code, is amended by adding at the end the
following new subsection:
``(k)(1) <<NOTE: Time period.>> During the period beginning on the
date of the enactment of the National Defense Authorization Act for
Fiscal Year 2023 and ending on September 30, 2027, the Secretary of the
Air Force may not--
``(A) retire an F-22 aircraft;
``(B) reduce funding for unit personnel or weapon system
sustainment activities for F-22 aircraft in a manner that
presumes future congressional authority to divest such aircraft;
``(C) keep an F-22 aircraft in a status considered excess to
the requirements of the possessing command and awaiting
disposition instructions (commonly referred to as `XJ' status);
or
``(D) decrease the total aircraft inventory of F-22 aircraft
below 184 aircraft.
``(2) <<NOTE: Determination.>> The prohibition under paragraph (1)
shall not apply to individual F-22 aircraft that the Secretary of the
Air Force determines, on a case-by-case basis, to be no longer mission
capable and uneconomical to repair because of aircraft accidents,
mishaps, or excessive material degradation and non-airworthiness status
of certain aircraft.''.
(b) Report Required.--
(1) <<NOTE: Strategy. Execution plan.>> In general.--Not
later than 180 days after the date of the enactment of this Act,
the Secretary of the Air Force shall submit to the congressional
defense committees a report that includes a strategy and
execution plan, approved by the Secretary, for conducting formal
training for F-22 aircrews to ensure that combat capability,
capacity, and availability at all F-22 operational units is not
degraded.
(2) Elements.--The strategy and execution plan under
paragraph (1) shall--
(A) address how the Air Force will avoid--
(i) diminishing the combat effectiveness of
all block variants of F-22 aircraft;
(ii) exacerbating F-22 aircraft availability
concerns; and
(iii) complicating F-22 aircraft squadron
maintenance operations; and
(B) <<NOTE: Plan.>> include the plan of the
Secretary for--
(i) the basing of 184 F-22 aircraft; and
(ii) the reestablishment of one or more F-22
formal training units, including--
(I) the planned location of such
units;
(II) the planned schedule for the
reestablishment of such units; and
[[Page 136 STAT. 2454]]
(III) and the number of F-22
aircraft that are expected to be
assigned to such units.
(c) <<NOTE: Data.>> Comptroller General Audit.--
(1) <<NOTE: Assessment.>> Audit required.--The Comptroller
General of the United States shall conduct an audit to assess
and validate data and information relating to--
(A) the events and activities that would be
necessary to upgrade Block 20 F-22 aircraft to a
capability configuration comparable to or exceeding the
existing or planned configuration of Block 30/35 F-22
aircraft;
(B) <<NOTE: Cost estimates.>> the estimated costs
of such upgrades; and
(C) <<NOTE: Schedule.>> a schedule of milestones
for such upgrades.
(2) Availability of information.--At the request of the
Comptroller General, the Secretary of the Air Force shall
promptly provide to the Comptroller General any data or other
information that may be needed to conduct the audit under
paragraph (1), including any data or information it may be
necessary to obtain from the original equipment manufacturer of
the F-22 aircraft.
(3) <<NOTE: Deadline.>> Briefing.--Not later than April 15,
2023, the Comptroller General shall provide to the congressional
defense committees a briefing on the progress and any
preliminary results of the audit conducted under paragraph (1).
(4) Report.--Following the briefing under paragraph (3), at
such time as is mutually agreed upon by the congressional
defense committees and the Comptroller General, the Comptroller
General shall submit to the congressional defense committees a
report on the final results of the audit conducted under
paragraph (1).
SEC. 144. MODIFICATION OF EXCEPTION TO PROHIBITION ON CERTAIN
REDUCTIONS TO B-1 BOMBER AIRCRAFT
SQUADRONS.
Section 133(b) of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1574) is amended by striking
``an individual unit'' and inserting ``a bomb wing''.
SEC. 145. REPEAL OF AIR FORCE E-8C FORCE PRESENTATION REQUIREMENT.
Section 147 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1669) is amended by
striking subsection (f).
SEC. 146. MINIMUM INVENTORY OF C-130 AIRCRAFT.
(a) Minimum Inventory Requirement.--
(1) In general.--During the covered period, the Secretary of
the Air Force shall maintain a total inventory of C-130 aircraft
of not less than 271 aircraft.
(2) <<NOTE: Determination.>> Exception.--The Secretary of
the Air Force may reduce the number of C-130 aircraft in the Air
Force below the minimum number specified in paragraph (1) if the
Secretary determines, on a case-by-case basis, that an aircraft
is no longer mission capable because of a mishap or other
damage.
(3) Covered period defined.--In this subsection, the term
``covered period'' means the period--
(A) beginning at the close of the period described
in section 138(c) of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat.
1577); and
[[Page 136 STAT. 2455]]
(B) ending on September 30, 2023.
(b) Prohibition on Reduction of C-130 Aircraft Assigned to National
Guard.--
(1) In general.--During fiscal year 2023, the Secretary of
the Air Force may not reduce the total number of C-130 aircraft
assigned to the National Guard below the number so assigned as
of the date of the enactment of this Act.
(2) <<NOTE: Determination.>> Exception.--The prohibition
under paragraph (1) shall not apply to an individual C-130
aircraft that the Secretary of the Air Force determines, on a
case-by-case basis, to be no longer mission capable because of a
mishap or other damage.
SEC. 147. PROHIBITION ON AVAILABILITY OF FUNDS FOR RETIREMENT OF
C-40 AIRCRAFT.
(a) Prohibition.--None of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2023 for the Air
Force may be obligated or expended to retire, prepare to retire, or
place in storage or on backup aircraft inventory status any C-40
aircraft.
(b) Exception.--
(1) <<NOTE: Determination.>> In general.--The limitation
under subsection (a) shall not apply to an individual C-40
aircraft that the Secretary of the Air Force determines, on a
case-by-case basis, to be no longer mission capable because of a
Class A mishap.
(2) Certification required.--If the Secretary determines
under paragraph (1) that an aircraft is no longer mission
capable, the Secretary shall submit to the congressional defense
committees a certification that the status of such aircraft is
due to a Class A mishap and not due to lack of maintenance or
repairs or other reasons.
SEC. 148. PROHIBITION ON AVAILABILITY OF FUNDS FOR TERMINATION OF
PRODUCTION LINES FOR HH-60W AIRCRAFT.
None of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2023 for the Air Force may be
obligated or expended to terminate the operations of, or to prepare to
terminate the operations of, a production line for HH-60W Combat Rescue
Helicopters.
SEC. 149. <<NOTE: Effective dates.>> PROHIBITION ON CERTAIN
REDUCTIONS TO INVENTORY OF E-3 AIRBORNE
WARNING AND CONTROL SYSTEM AIRCRAFT.
(a) Prohibition.--Except as provided in subsections (b) and (c),
none of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2023 for the Air Force may be obligated
or expended to retire, prepare to retire, or place in storage or in
backup aircraft inventory any E-3 aircraft if such actions would reduce
the total aircraft inventory for such aircraft below 26.
(b) Exception for Acquisition Strategy.--If the Secretary of the Air
Force submits to the congressional defense committees an acquisition
strategy for the E-7 Wedgetail aircraft approved by the Service
Acquisition Executive of the Air Force, the prohibition under subsection
(a) shall not apply to actions taken to reduce the total aircraft
inventory for E-3 aircraft to 21 after the date on which the strategy is
so submitted.
(c) Exception for Contract Award.--If the Secretary of the Air Force
awards a contract for the E-7 Wedgetail aircraft, the
[[Page 136 STAT. 2456]]
prohibition under subsection (a) shall not apply to actions taken to
reduce the total aircraft inventory for E-3 aircraft to 18 after the
date on which such contact is so awarded.
(d) Designation as Primary Training Aircraft Inventory.--The
Secretary of the Air Force shall designate two E-3 aircraft as Primary
Training Aircraft Inventory.
SEC. 150. LIMITATION ON DIVESTMENT OF F-15 AIRCRAFT.
(a) <<NOTE: Effective date. Time period.>> Limitation.--Beginning
on October 1, 2023, the Secretary of the Air Force may not divest, or
prepare to divest, any covered F-15 aircraft until a period of 180 days
has elapsed following the date on which the Secretary submits the report
required under subsection (b).
(b) <<NOTE: Plans.>> Report Required.--The Secretary of the Air
Force shall submit to the congressional defense committees a report on
the following:
(1) Any plans of the Secretary to divest covered F-15
aircraft during the period covered by the most recent future-
years defense program submitted to Congress under section 221 of
title 10, United States Code, including--
(A) a description of each proposed divestment by
fiscal year and location;
(B) an explanation of the anticipated effects of
such divestments on the missions, personnel, force
structure, and budgeting of the Air Force;
(C) a description of the actions the Secretary
intends to carry out--
(i) to mitigate any negative effects
identified under subparagraph (B); and
(ii) to modify or replace the missions and
capabilities of any units and military
installations affected by such divestments; and
(D) <<NOTE: Assessment.>> an assessment of how such
divestments may affect the ability of the Air Force to
maintain minimum tactical aircraft inventories.
(2) Any plans of the Secretary to procure covered F-15
aircraft.
(3) Any specific plans of the Secretary to deviate from
procurement of new F-15EX aircraft as articulated by the
validated requirements contained in Air Force Requirements
Decision Memorandum, dated February 1, 2019, regarding F-15EX
Rapid Fielding Requirements Document, dated January 16, 2019.
(c) Covered F-15 Aircraft Defined.--In this section, the term
``covered F-15 aircraft'' means the following:
(1) F-15C aircraft.
(2) F-15D aircraft.
(3) F-15E aircraft.
(4) F-15EX aircraft.
SEC. 151. AUTHORITY TO PROCURE UPGRADED EJECTION SEATS FOR CERTAIN
T-38A AIRCRAFT.
The Secretary of the Air Force is authorized to procure upgraded
ejection seats for--
(1) all T-38A aircraft of the Air Force Global Strike
Command that have not received an upgraded ejection seat under
the T-38 Ejection Seat Upgrade Program; and
[[Page 136 STAT. 2457]]
(2) all T-38A aircraft of the Air Combat Command that have
not received an upgraded ejection seat as part of such Program.
SEC. 152. PROCUREMENT AUTHORITY FOR DIGITAL MISSION OPERATIONS
PLATFORM FOR THE SPACE FORCE.
(a) Procurement Authority.--The Secretary of the Air Force is
authorized to enter into one or more contracts for the procurement of a
digital mission operations platform for the Space Force.
(b) Required Capabilities.--A digital mission operations platform
procured under subsection (a) shall include the following capabilities:
(1) The platform shall be capable of providing systems
operators with the ability to analyze system performance in a
simulated mission environment.
(2) The platform shall enable collaboration among such
operators in an integrated, physics-based environment.
SEC. 153. <<NOTE: 10 USC note prec. 9531.>> DIGITAL TRANSFORMATION
COMMERCIAL SOFTWARE ACQUISITION.
(a) Procurement Authority.--The Secretary of the Air Force may enter
into one or more contracts for the procurement of commercial digital
engineering and software tools to meet the digital transformation goals
and objectives of the Department of the Air Force.
(b) Inclusion of Program Element in Budget Materials.--In the
materials submitted by the Secretary of the Air Force in support of the
budget of the President for fiscal year 2024 (as submitted to Congress
pursuant to section 1105 of title 31, United States Code), the Secretary
shall include a program element dedicated to the procurement and
management of the commercial digital engineering and software tools
described in subsection (a).
(c) Review.--In carrying out subsection (a), the Secretary of the
Air Force shall--
(1) review the market for commercial digital engineering and
software tools; and
(2) conduct research on providers of commercial software
capabilities that have the potential to expedite the progress of
digital engineering initiatives across the weapon system
enterprise, with a particular focus on capabilities that have
the potential to generate significant life-cycle cost savings,
streamline and accelerate weapon system acquisition, and provide
data-driven approaches to inform investments by the Department
of the Air Force.
(d) Report.--Not later than March 1, 2023, the Secretary of the Air
Force shall submit to the congressional defense committees a report that
includes--
(1) <<NOTE: Analysis.>> an analysis of specific digital
engineering and software tool capability manufacturers that
deliver high mission impact with broad reach into the weapon
system enterprise of the Department of the Air Force; and
(2) <<NOTE: List.>> a prioritized list of programs and
offices of the Department of the Air Force that could better
utilize commercial digital engineering and software tools and
opportunities for the implementation of such digital engineering
and software tool capabilities within the Department.
[[Page 136 STAT. 2458]]
SEC. 154. REQUIREMENTS STUDY AND STRATEGY FOR THE COMBAT SEARCH
AND RESCUE MISSION OF THE AIR FORCE.
(a) Requirements Study.--
(1) <<NOTE: Determination.>> In general.--The Secretary of
the Air Force shall conduct a study to determine the
requirements for the combat search and rescue mission of the Air
Force in support of the objectives of the National Defense
Strategy.
(2) <<NOTE: Assessments.>> Elements.--The study under
paragraph (1) shall include the following:
(A) Identification of anticipated combat search and
rescue mission requirements necessary to meet the
objectives of the most recent National Defense Strategy,
including--
(i) requirements for short-term, mid-term, and
long-term contingency and steady-state operations
against adversaries;
(ii) requirements under the Agile Combat
Employment operational scheme of the Air Force;
(iii) requirements relating to regions and
specific geographic areas that are expected to
have a need for combat search and rescue forces
based on the combat-relevant range and penetration
capability of United States air assets and
associated weapon systems; and
(iv) the level of operational risk associated
with each likely requirement and scenario.
(B) An assessment of the rotary, tilt, and fixed
wing aircraft and key combat search and rescue enabling
capabilities that--
(i) are needed to meet the requirements
identified under subparagraph (A); and
(ii) have been accounted for in the budget of
the Air Force as of the date of the study.
(C) Identification of any combat search and rescue
capability gaps, including an assessment of--
(i) whether and to what extent such gaps may
affect the ability of the Air Force to conduct
combat search and rescue operations;
(ii) any capability gaps that may be created
by procuring fewer HH-60W aircraft than planned
under the program of record, including any
expected changes to the plan for fielding such
aircraft for active, reserve, and National Guard
units; and
(iii) any capability gaps attributable to
unfunded requirements.
(D) Identification and assessment of key current,
emerging, and future technologies with potential
application to the combat search and rescue mission,
including electric vertical takeoff and landing,
unmanned aerial systems, armed air launched effects or
similar armed capabilities, electric short take-off and
landing, or a combination of such technologies.
(E) An assessment of each technology identified
under subparagraph (D), including (as applicable) an
assessment of--
(i) technology maturity;
(ii) suitability to the combat search and
rescue mission;
[[Page 136 STAT. 2459]]
(iii) range;
(iv) speed;
(v) payload capability and capacity;
(vi) radio frequency and infrared signatures;
(vii) operational conditions required for the
use of such technology, such as runway
availability;
(viii) survivability;
(ix) lethality;
(x) potential to support combat missions other
than combat search and rescue; and
(xi) estimated cost.
(3) Submittal to congress.--
(A) <<NOTE: Reports.>> In general.--Not later than
April 30, 2023, the Secretary of the Air Force shall
submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the results
of the study under paragraph (1).
(B) Form.--The report required under subparagraph
(A) shall be submitted in unclassified form, but may
include a classified annex.
(b) Strategy Required.--
(1) In general.--Based on the results of the study conducted
under subsection (a), the Secretary of the Air Force shall
develop a strategy to meet the requirements identified under
such study.
(2) Elements.--The strategy under paragraph (1) shall
include--
(A) <<NOTE: List.>> A prioritized list of the
capabilities needed to meet the requirements identified
under subsection (a).
(B) <<NOTE: Cost estimates.>> The estimated costs
of such capabilities, including--
(i) any amounts already budgeted for such
capabilities as of the date of the strategy,
including amounts already budgeted for emerging
and future technologies; and
(ii) any amounts not already budgeted for such
capabilities as of such date.
(C) <<NOTE: Estimate.>> An estimate of the date by
which the capability is expected to become operational.
(D) A description of any requirements identified
under subsection (a) that the Secretary of the Air Force
does not expect to meet as part of the strategy and an
explanation of the reasons such requirements cannot be
met.
(3) Submittal to congress.--
(A) <<NOTE: Reports.>> In general.--Not later than
July 30, 2023, the Secretary of the Air Force shall
submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the
strategy developed under paragraph (1).
(B) Form.--The report required under subparagraph
(A) shall be submitted in unclassified form, but may
include a classified annex.
SEC. 155. PLAN FOR TRANSFER OF KC-135 AIRCRAFT TO THE AIR NATIONAL
GUARD.
(a) Plan Required.--The Secretary of the Air Force shall develop a
plan to transfer covered KC-135 aircraft to air refueling
[[Page 136 STAT. 2460]]
wings of the Air National Guard that are classic associations with
active duty units of the Air Force.
(b) <<NOTE: Deadline.>> Briefing.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of the Air Force shall
provide to the Committees on Armed Services of the Senate and the House
of Representatives a briefing on the plan developed under subsection
(a). The briefing shall include an explanation of--
(1) the effects the plan is expected to have on--
(A) the aerial refueling capability of the
Department of Defense; and
(B) personnel; and
(2) any costs associated with the plan.
(c) Definitions.--In this section:
(1) The term ``covered KC-135 aircraft'' means a KC-135
aircraft that the Secretary of the Air Force is in the process
of replacing with a KC-46A aircraft.
(2) The term ``classic association'' means a structure under
which a regular Air Force unit retains principal responsibility
for an aircraft and shares the aircraft with one or more reserve
component units.
SEC. 156. ANNUAL REPORTS ON T-7A ADVANCED PILOT TRAINING SYSTEM.
(a) <<NOTE: Time period.>> Annual Report.--Not later than March 1,
2023, and annually thereafter through 2028, the Assistant Secretary of
the Air Force for Acquisition, Technology, and Logistics shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report on the acquisition efforts of the Air Force
with respect to the T-7A Advanced Pilot Training System (including any
associated aircraft and ground training systems).
(b) Elements.--Each report under subsection (a) shall include the
following:
(1) An overview of the Assistant Secretary's acquisition
strategy for the T-7 Advanced Pilot Training System, including
the current status of the acquisition strategy as of the date of
the report.
(2) <<NOTE: Estimates.>> The cost and schedule estimates for
the T-7 Advanced Pilot Training System program.
(3) <<NOTE: Requirements.>> In the case of the initial
report under this section, the key performance parameters or the
equivalent requirements for the program. In the case of
subsequent reports, any key performance parameters or the
equivalent requirements for the program that have changed since
the submission of the previous report under this section.
(4) The test and evaluation master plan for the program.
(5) With respect to the testing program events completed in
the year covered by the report--
(A) the completion date of each event;
(B) <<NOTE: Summary.>> a summary of the event,
including identification of--
(i) the quantity of data points evaluated and
subsequently considered complete and validated;
and
(ii) the quantity of data points evaluated
that remain incomplete or unvalidated and
requiring further testing.
[[Page 136 STAT. 2461]]
(6) <<NOTE: Strategy.>> The logistics and sustainment
strategy for the program and a description of any activities
carried out to implement such strategy as of the date of the
report.
(7) An explanation of--
(A) the causes of any engineering, manufacturing,
development, testing, production, delivery, acceptance,
and fielding delays incurred by the program as of the
date of the report;
(B) the effects of such delays; and
(C) any subsequent efforts to address such delays.
(8) The post-production aircraft basing and fielding
strategy for the program.
(9) <<NOTE: Determination.>> Any other matters regarding
the acquisition of the T-7 Advanced Pilot Training System that
the Assistant Secretary determines to be of critical importance
to the long-term viability of the program.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
SEC. 161. <<NOTE: 10 USC 3453 note.>> INCREASE IN AIR FORCE AND
NAVY USE OF USED COMMERCIAL DUAL-USE PARTS
IN CERTAIN AIRCRAFT AND ENGINES.
(a) <<NOTE: Deadline. Procedures.>> In General.--Not later than 180
days after the date of the enactment of this Act, the Secretary of the
Air Force, with respect to the Air Force, and the Secretary of the Navy,
with respect to the Navy, shall develop and implement processes and
procedures for--
(1) the acquisition of used, overhauled, reconditioned, and
remanufactured commercial dual-use parts; and
(2) the use of such commercial dual-use parts in all--
(A) commercial derivative aircraft and engines; and
(B) aircraft used by the Air Force or Navy that are
based on the design of commercial products.
(b) Procurement of Parts.--The processes and procedures implemented
under subsection (a) shall provide that commercial dual-use parts shall
be acquired--
(1) pursuant to competitive procedures (as defined in
section 3012 of title 10, United States Code); and
(2) only from suppliers that provide parts that possess an
Authorized Release Certificate Federal Aviation Administration
Form 8130-3 Airworthy Approval Tag from a certified repair
station pursuant to part 145 of title 14, Code of Federal
Regulations.
(c) Definitions.--In this section:
(1) Commercial derivative.--The term ``commercial
derivative'' means an item procured by the Department of Defense
that is or was produced using the same or similar production
facilities, a common supply chain, and the same or similar
production processes that are used for the production of the
item as predominantly used by the general public or by
nongovernmental entities for purposes other than governmental
purposes.
(2) Commercial dual-use part.--The term ``commercial dual-
use part'' means a product that is--
(A) a commercial product;
[[Page 136 STAT. 2462]]
(B) dual-use;
(C) described in subsection (b)(2); and
(D) not a life-limited part.
(3) Commercial product.--The term ``commercial product'' has
the meaning given such term in section 103 of title 41, United
States Code.
(4) Dual-use.--The term ``dual-use'' has the meaning given
such term in section 4801 of title 10, United States Code.
SEC. 162. <<NOTE: 10 USC 130i note.>> ASSESSMENT AND STRATEGY FOR
FIELDING CAPABILITIES TO COUNTER THREATS
POSED BY UNMANNED AERIAL SYSTEM SWARMS.
(a) Assessment, Analysis, and Review.--The Secretary of Defense
shall conduct--
(1) an assessment of the threats posed by unmanned aerial
system swarms and unmanned aerial systems with swarm
capabilities to installations and deployed Armed Forces;
(2) <<NOTE: Country listing.>> an analysis of the use or
potential use of unmanned aerial system swarms by adversaries,
including the People's Republic of China, the Russian
Federation, the Islamic Republic of Iran, the Democratic
People's Republic of North Korea, and non-state actors;
(3) an analysis of the national security implications of
swarming technologies such as autonomous intelligence and
machine learning;
(4) a review of the capabilities used by the Department of
Defense to counter threats posed by unmanned aerial systems and
an assessment of the effectiveness of such capabilities at
countering the threat of unmanned aerial system swarms; and
(5) <<NOTE: Overview.>> an overview of the efforts of the
Department of Defense to develop and field test technologies
that offer scalable, modular, and rapidly deployable
capabilities with the ability to counter unmanned aerial system
swarms.
(b) Strategy Development and Implementation Required.--
(1) In general.--The Secretary of Defense shall develop and
implement a strategy to field capabilities to counter threats
posed by unmanned aerial system swarms.
(2) Elements.--The strategy required by paragraph (1) shall
include the following:
(A) The development of a comprehensive definition of
``unmanned aerial system swarm''.
(B) <<NOTE: Plan.>> A plan to establish and
incorporate requirements for the development, testing,
and fielding of technologies and capabilities to counter
unmanned aerial system swarms.
(C) <<NOTE: Plan.>> A plan to acquire and field
adequate capabilities to counter unmanned aerial system
swarms in defense of the Armed Forces, infrastructure,
and other assets of the United States across land, air,
and maritime domains.
(D) <<NOTE: Estimate.>> An estimate of the
resources needed by each Armed Force to implement the
strategy.
(E) <<NOTE: Analysis. Determination.>> An analysis,
determination, and prioritization of legislative action
required to ensure the Department of Defense has the
ability to counter the threats posed by unmanned aerial
system swarms.
[[Page 136 STAT. 2463]]
(F) <<NOTE: Determination.>> Such other matters as
the Secretary determines to be relevant to the strategy.
(3) Incorporation into existing strategy.--The Secretary of
Defense may incorporate the strategy required by paragraph (1)
into a comprehensive strategy of the Department of Defense to
counter the threat of unmanned aerial systems.
(c) <<NOTE: Reports.>> Information to Congress.--Not later than 270
days after the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense committees a report
on--
(1) the findings of the Secretary under subsection (a); and
(2) the strategy developed and implemented by the Secretary
under subsection (b).
SEC. 163. ASSESSMENT AND REPORT ON MILITARY ROTARY WING AIRCRAFT
INDUSTRIAL BASE.
(a) Assessment Required.--The Under Secretary of Defense for
Acquisition and Sustainment, in coordination with the Secretaries of the
Army, Navy, and Air Force, shall conduct an assessment of the military
rotary wing aircraft industrial base.
(b) Elements.--The assessment under subsection (a) shall include the
following:
(1)(A) Identification of each rotary wing aircraft program
of the Department of Defense that is in the research and
development or procurement phase.
(B) A description of any platform-specific or capability-
specific facility or workforce technical skill requirements
necessary for each program identified under subparagraph (A).
(2) Identification of--
(A) the rotary wing aircraft capabilities of each
Armed Force anticipated for programming beyond the
period covered by the most recent future-years defense
program submitted to Congress under section 221 of title
10, United States Code (as of the date of the
assessment); and
(B) the technologies, facilities, and workforce
skills necessary for the development of such
capabilities.
(3) An assessment of the military industrial base capacity
and skills that are available (as of the date of the assessment)
to design and manufacture the platforms and capabilities
identified under paragraphs (1) and (2) and a list of any gaps
in such capacity and skills.
(4)(A) Identification of each component, subcomponent, or
equipment supplier in the military rotary wing aircraft
industrial base that is the sole source within such industrial
base from which that component, subcomponent, or equipment may
be obtained.
(B) An assessment of any risk resulting from the lack of
other suppliers for such components, subcomponents, or
equipment.
(5) <<NOTE: Analysis.>> Analysis of the likelihood of future
consolidation, contraction, or expansion, within the rotary wing
aircraft industrial base, including--
(A) identification of the most probable scenarios
with respect to such consolidation, contraction, or
expansion; and
(B) an assessment of how each such scenario may
affect the ability of the Armed Forces to acquire
military
[[Page 136 STAT. 2464]]
rotary wing aircraft in the future, including any
effects on the cost and schedule of such acquisitions.
(6) <<NOTE: Determination.>> Such other matters the Under
Secretary of Defense for Acquisition and Sustainment determines
appropriate.
(c) Report.--Not later than June 1, 2023, the Under Secretary of
Defense for Acquisition and Sustainment shall submit to the
congressional defense committees a report that includes--
(1) the results of the assessment conducted under subsection
(a); and
(2) <<NOTE: Recommenda- tions.>> based on such results,
recommendations for reducing any risks identified with respect
to the military rotary wing aircraft industrial base.
(d) Rotary Wing Aircraft Defined.--In this section, the term
``rotary wing aircraft'' includes rotary wing and tiltrotor aircraft.
SEC. 164. COMPTROLLER GENERAL AUDIT OF EFFORTS TO MODERNIZE THE
PROPULSION, POWER, AND THERMAL MANAGEMENT
SYSTEMS OF F-35 AIRCRAFT.
(a) Audit Required.--The Comptroller General of the United States
shall conduct an audit of the efforts of the Department of Defense to
modernize the propulsion, power, and thermal management systems of F-35
aircraft.
(b) <<NOTE: Assessments.>> Elements.--The audit conducted under
subsection (a) shall include the following:
(1) <<NOTE: Evaluation.>> An evaluation of the results of
the business-case analysis conducted by the Director of the F-35
Joint Program Office, in which the Director assessed options to
modernize the propulsion, power, and thermal management systems
of the F-35 aircraft.
(2) An assessment of the costs associated with each
modernization option assessed in the business-case analysis
described in paragraph (1), including any costs associated with
development, production, retrofit, integration, and installation
of the option (including any aircraft modifications required to
accommodate such option), and an assessment of the sustainment
infrastructure requirements associated with that option for each
variant of F-35 aircraft.
(3) An assessment of the progress made by the prototype
engines developed under the Adaptive Engine Transition Program
and the development and testing status of the other
modernization options assessed in the business-case analysis
described in paragraph (1).
(4) An assessment of the timeline associated with
modernizing the propulsion, power, and thermal management
systems of F-35 aircraft to meet the capability performance
requirements of the full Block 4 suite upgrade planned for each
variant of such aircraft.
(5) An assessment of the costs associated with modernizing
the propulsion, power, and thermal management systems of F-35
aircraft to meet the capability performance requirements of the
full Block 4 suite upgrade planned for each variant of such
aircraft.
(6) An assessment of the potential effects of each
modernization option assessed in the business-case analysis
described in paragraph (1) on life-cycle sustainment costs and
the costs of spare parts for F-35 aircraft, including any
[[Page 136 STAT. 2465]]
participatory effects on international partners and foreign
military sales customers.
(c) <<NOTE: Deadline.>> Briefing.--Not later than February 28,
2023, the Comptroller General shall provide to the congressional defense
committees a briefing on the preliminary results of the audit conducted
under subsection (a).
(d) Report.--Following the briefing under subsection (c), at such
time as is mutually agreed upon by the congressional defense committees
and the Comptroller General, the Comptroller General shall submit to the
congressional defense committees a report on the final results of the
audit conducted under subsection (a), including the findings of the
Comptroller General with respect to each element specified in subsection
(b).
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Modification of cooperative research and development project
authority.
Sec. 212. Clarification of role of senior official with principal
responsibility for artificial intelligence and machine
learning.
Sec. 213. Inclusion of Office of Under Secretary of Defense for Research
and Engineering in personnel management authority to attract
experts in science and engineering.
Sec. 214. Modification of limitation on cancellation of designation of
Executive Agent for a certain Defense Production Act program.
Sec. 215. Support for research and development of bioindustrial
manufacturing processes.
Sec. 216. Air-breathing and rocket booster testing capacity upgrades to
support critical hypersonic weapons development.
Sec. 217. Competitively awarded demonstrations and tests of
electromagnetic warfare technology.
Sec. 218. Administration of the Advanced Sensor Applications Program.
Sec. 219. Quantifiable assurance capability for security of
microelectronics.
Sec. 220. Government-Industry-Academia Working Group on
Microelectronics.
Sec. 221. Target date for deployment of 5G wireless broadband
infrastructure at all military installations.
Sec. 222. Outreach to historically Black colleges and universities and
other minority-serving institutions regarding National
Security Innovation Network programs that promote
entrepreneurship and innovation at institutions of higher
education.
Sec. 223. Report and pilot program based on recommendations regarding
defense research capacity at historically Black colleges and
universities and other minority-serving institutions.
Sec. 224. Pilot program to support the development of patentable
inventions in the Department of the Navy.
Sec. 225. Pilot program to facilitate the development of battery
technologies for warfighters.
Subtitle C--Plans, Reports, and Other Matters
Sec. 231. Modification to annual reports of the Director of Operational
Test and Evaluation.
Sec. 232. Extension of requirement for quarterly briefings on strategy
for fifth generation information and communications
technologies.
Sec. 233. Plan for investments to support the development of novel
processing approaches for defense applications.
Sec. 234. Plans to accelerate the transition to 5G information and
communications technology within the military departments.
Sec. 235. Plan for Defense Advanced Research Projects Agency Innovation
Fellowship Program.
Sec. 236. Strategy and plan for fostering and strengthening the defense
innovation ecosystem.
[[Page 136 STAT. 2466]]
Sec. 237. Assessment and strategy relating to hypersonic testing
capacity of the Department of Defense.
Sec. 238. Annual report on studies and reports of federally funded
research and development centers.
Sec. 239. Report on recommendations from Army Futures Command Research
Program Realignment Study.
Sec. 240. Report on potential for increased utilization of the
Electronic Proving Grounds testing range.
Sec. 241. Study on costs associated with underperforming software and
information technology.
Sec. 242. Study and report on sufficiency of operational test and
evaluation resources supporting certain major defense
acquisition programs.
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2023
for the use of the Department of Defense for research, development,
test, and evaluation, as specified in the funding table in section 4201.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. MODIFICATION OF COOPERATIVE RESEARCH AND DEVELOPMENT
PROJECT AUTHORITY.
(a) In General.--Section 2350a(a)(2) of title 10, United States
Code, is amended by adding at the end the following:
``(F) The European Union, including the European Defence
Agency, the European Commission, and the Council of the European
Union, and their suborganizations.''.
(c) <<NOTE: Deadline. 10 USC 2350a note.>> Conforming
Regulations.--Not later than 120 days after the date of the enactment of
this Act, the Secretary of Defense shall revise the Department of
Defense Supplement to the Federal Acquisition Regulation to conform with
section 2350a of title 10, United States Code, as amended by subsection
(a).
SEC. 212. CLARIFICATION OF ROLE OF SENIOR OFFICIAL WITH PRINCIPAL
RESPONSIBILITY FOR ARTIFICIAL INTELLIGENCE
AND MACHINE LEARNING.
(a) Personnel Management Authority to Attract Experts in Science and
Engineering.--Section 4092 of title 10, United States Code, is amended--
(1) in subsection (a)(6)--
(A) by striking ``Director of the Joint Artificial
Intelligence Center'' and inserting ``official
designated under section 238(b) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232)'';
(B) by striking ``for the Center'' and inserting
``to support the activities of such official under
section 238 of such Act''; and
(C) in the paragraph heading, by striking
``Center'';
(2) in subsection (b)(1)(F)--
(A) by striking ``Joint Artificial Intelligence
Center'' and inserting ``office of the official
designated under section
[[Page 136 STAT. 2467]]
238(b) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-
232)''; and
(B) by striking ``in the Center'' and inserting ``in
support of the activities of such official under section
238 of such Act''; and
(3) in subsection (c)(2), by striking ``Joint Artificial
Intelligence Center'' and inserting ``the activities under
section 238 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232)''.
(b) Review of Artificial Intelligence Applications and Establishment
of Performance Metrics.--Section 226(b) of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C.
4001 note) is amended--
(1) in paragraph (3), by striking ``Director of the Joint
Artificial Intelligence Center'' and inserting ``official
designated under subsection (b) of section 238 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 10 U.S.C. note prec. 4061)'';
(2) in paragraph (4), by striking ``Director of the Joint
Artificial Intelligence Center'' and inserting ``official
designated under subsection (b) of section 238 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 10 U.S.C. note prec. 4061)''; and
(3) in paragraph (5), by striking ``Director of the Joint
Artificial Intelligence Center'' and inserting ``official
designated under subsection (b) of section 238 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 10 U.S.C. note prec. 4061)''.
(c) Modification of the Joint Common Foundation Program.--Section
227(a) of the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81; 10 U.S.C. 4001 note) is amended by striking ``Joint
Artificial Intelligence Center'' and inserting ``the office of the
official designated under subsection (b) of section 238 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232; 10 U.S.C. note prec. 4061)''.
(d) Pilot Program on Data Repositories to Facilitate the Development
of Artificial Intelligence Capabilities for the Department of Defense.--
Section 232 of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117-81; 10 U.S.C. 4001 note) is amended--
(1) in the section heading, by striking ``pilot program on
data repositories'' and inserting ``data repositories'';
(2) by amending subsection (a) to read as follows:
``(a) Establishment of Data Repositories.--The Secretary of Defense,
acting through the official designated under subsection (b) of section
238 of the John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232; 10 U.S.C. note prec. 4061) (and such
other officials as the Secretary determines appropriate), shall--
``(1) establish data repositories containing Department of
Defense data sets relevant to the development of artificial
intelligence software and technology; and
``(2) allow appropriate public and private sector
organizations to access such data repositories for the purpose
of developing improved artificial intelligence and machine
learning software capabilities that may, as determined
appropriate by the
[[Page 136 STAT. 2468]]
Secretary, be procured by the Department to satisfy Department
requirements and technology development goals.'';
(3) in subsection (b), by striking ``If the Secretary of
Defense carries out the pilot program under subsection (a), the
data repositories established under the program'' and inserting
``The data repositories established under subsection (a)''; and
(4) by amending subsection (c) to read as follows:
``(c) <<NOTE: Deadline.>> Briefing.--Not later than July 1, 2023,
the Secretary of Defense shall provide to the congressional defense
committees a briefing on--
``(1) <<NOTE: Determination.>> the types of information the
Secretary determines are feasible and advisable to include in
the data repositories established under subsection (a); and
``(2) the progress of the Secretary in establishing such
data repositories.''.
(e) Digital Development Infrastructure Plan and Working Group.--
Section 1531(d)(2)(C) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 2051) is amended by
striking ``The Joint Artificial Intelligence Center (JAIC)'' and
inserting ``The office of the official designated under subsection (b)
of section 238 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. note prec. 4061)''.
(f) Board of Advisors for the Office of the Senior Official With
Principal Responsibility for Artificial Intelligence and Machine
Learning.--Section 233 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10
U.S.C. 4001 note) is amended--
(1) in the section heading, by striking ``joint artificial
intelligence center'' and inserting ``office of the senior
official with principal responsibility for artificial
intelligence and machine learning'';
(2) in subsection (a), by striking ``Joint Artificial
Intelligence Center'' and inserting ``office of the official
designated under subsection (b) of section 238 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 10 U.S.C. note prec. 4061) (referred to in
this section as the `Official')'';
(3) in subsection (b), by striking ``Director'' each place
in appears and inserting ``Official'';
(4) in subsection (f), by striking ``September 30, 2024''
and inserting ``September 30, 2026''; and
(5) in subsection (g)--
(A) by striking paragraphs (2) and (3); and
(B) by redesignating paragraph (4) as paragraph (2).
(g) Application of Artificial Intelligence to the Defense Reform
Pillar in the National Defense Strategy.--Section 234(b) of the William
M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 10 U.S.C. 113 note) is amended by striking
``Director of the Joint Artificial Intelligence Center'' and inserting
``official designated under section 238(b) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232; 10 U.S.C. note prec. 4061)''.
(h) Pilot Program on the Use of Electronic Portfolios to Evaluate
Certain Applicants for Technical Positions.--Section 247(c) of the
William M. (Mac) Thornberry National Defense
[[Page 136 STAT. 2469]]
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C.
note prec. 1580) is amended--
(1) in paragraph (1), by striking ``the Joint Artificial
Intelligence Center'' and inserting ``the office of the official
designated under subsection (b) of section 238 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 10 U.S.C. note prec. 4061)'';
(2) by striking paragraph (2); and
(3) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively.
(i) Acquisition Authority of the Director of the Joint Artificial
Intelligence Center.--Section 808 the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283; 10 U.S.C. 4001 note) is amended--
(1) in the section heading, by striking ``the director of
the joint artificial intelligence center'' and inserting ``the
senior official with principal responsibility for artificial
intelligence and machine learning'';
(2) in subsection (a)--
(A) by striking ``the Director of the Joint
Artificial Intelligence Center'' and inserting ``the
official designated under subsection (b) of section 238
of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. note
prec. 4061) (referred to in this section as the
`Official')''; and
(B) by striking ``the Center'' and inserting ``the
office of such official (referred to in this section as
the `Office')'';
(3) in subsection (b)--
(A) in the subsection heading, by striking ``JAIC'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph (A),
(I) by striking ``staff of the
Director'' and inserting ``staff of the
Official''; and
(II) by striking ``the Director of
the Center'' and inserting ``such
Official'';
(ii) in subparagraph (A), by striking ``the
Center'' and inserting ``the Office'';
(iii) in subparagraph (B), by striking ``the
Center'' and inserting ``the Office'';
(iv) in subparagraph (C), by striking ``the
Center'' each place it appears and inserting ``the
Office''; and
(v) in subparagraph (D), by striking ``the
Center'' each place it appears and inserting ``the
Office''; and
(C) in paragraph (2)--
(i) by striking ``the Center'' and inserting
``the Office''; and
(ii) by striking ``the Director'' and
inserting ``the Official'';
(4) in subsection (c)(1)--
(A) by striking ``the Center'' and inserting ``the
Office''; and
(B) by striking ``the Director'' and inserting ``the
Official'';
(5) in subsection (d), by striking ``the Director'' and
inserting ``the Official'';
(6) in subsection (e)--
[[Page 136 STAT. 2470]]
(A) in paragraph (2)--
(i) in subparagraph (B), by striking ``Center
missions'' and inserting ``the missions of the
Office''; and
(ii) in subparagraph (D), by striking ``the
Center'' and inserting ``the Office''; and
(B) in paragraph (3), by striking ``the Center'' and
inserting ``the Office'';
(7) in subsection (f), by striking ``the Director'' and
inserting ``the Official''; and
(8) in subsection (g)--
(A) by striking paragraphs (1) and (3); and
(B) by redesignating paragraphs (4) and (5) as
paragraphs (1) and (2), respectively.
(j) Biannual Report on Office of the Senior Official With Principal
Responsibility for Artificial Intelligence and Machine Learning.--
Section 260 of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92) <<NOTE: 133 Stat. 1293.>> is amended--
(1) in the section heading, by striking ``joint artificial
intelligence center'' and inserting ``office of the senior
official with principal responsibility for artificial
intelligence and machine learning'';
(2) in subsection (a)--
(A) by striking ``2023'' and inserting ``2026''; and
(B) by striking ``the Joint Artificial Intelligence
Center (referred to in this section as the `Center')''
and inserting ``the office of the official designated
under subsection (b) of section 238 of the John S.
McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232; 10 U.S.C. note prec.
4061) (referred to in this section as the `Office')'';
(3) in subsection (b)--
(A) by striking ``Center'' each place it appears and
inserting ``Office'';
(B) in paragraph (2), by striking ``the National
Mission Initiatives, Component Mission Initiatives, and
any other initiatives'' and inserting ``any
initiatives''; and
(C) in paragraph (7), by striking ``the Center's
investments in the National Mission Initiatives and
Component Mission Initiatives'' and inserting ``the
Office's investments in its initiatives and other
activities''; and
(4) by striking subsection (c).
(k) Chief Data Officer Responsibility for Department of Defense Data
Sets.--Section 903(b) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2223 note) is amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraph (4) as paragraph (3).
(l) Joint Artificial Intelligence Research, Development, and
Transition Activities.--Section 238 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10
U.S.C. note prec. 4061) is amended--
(1) by amending subsection (c) to read as follows:
``(c) Organization and Roles.--
``(1) In general.--In addition to designating an official
under subsection (b), the Secretary of Defense shall assign to
appropriate officials within the Department of Defense roles
[[Page 136 STAT. 2471]]
and responsibilities relating to the research, development,
prototyping, testing, procurement of, requirements for, and
operational use of artificial intelligence technologies.
``(2) Appropriate officials.--The officials assigned roles
and responsibilities under paragraph (1) shall include--
``(A) the Under Secretary of Defense for Research
and Engineering;
``(B) the Under Secretary of Defense for Acquisition
and Sustainment;
``(C) one or more officials in each military
department;
``(D) officials of appropriate Defense Agencies; and
``(E) such other officials as the Secretary of
Defense determines appropriate.'';
(2) in subsection (e), by striking ``Director of the Joint
Artificial Intelligence Center'' and inserting ``official
designated under subsection (b)''; and
(3) by striking subsection (h).
(m) <<NOTE: 10 USC note prec. 4061.>> References.--Any reference in
any law, regulation, guidance, instruction, or other document of the
Federal Government to the Director of the Joint Artificial Intelligence
Center of the Department of Defense or to the Joint Artificial
Intelligence Center shall be deemed to refer to the official designated
under section 238(b) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C.
note prec. 4061) or the office of such official, as the case may be.
SEC. 213. INCLUSION OF OFFICE OF UNDER SECRETARY OF DEFENSE FOR
RESEARCH AND ENGINEERING IN PERSONNEL
MANAGEMENT AUTHORITY TO ATTRACT EXPERTS IN
SCIENCE AND ENGINEERING.
Section 4092 of title 10, United States Code, is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(10) Office of the under secretary of defense for research
and engineering.--The Under Secretary of Defense for Research
and Engineering may carry out a program of personnel management
authority provided in subsection (b) in order to facilitate
recruitment of eminent experts in science or engineering for the
Office of the Under Secretary.''; and
(2) in subsection (b)(1)--
(A) in subparagraph (H), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (I), by striking the semicolon
and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(J) in the case of the Office of the Under
Secretary of Defense for Research and Engineering,
appoint scientists and engineers to a total of not more
than 10 scientific and engineering positions in the
Office;''.
SEC. 214. <<NOTE: 50 USC 4531 note.>> MODIFICATION OF LIMITATION
ON CANCELLATION OF DESIGNATION OF
EXECUTIVE AGENT FOR A CERTAIN DEFENSE
PRODUCTION ACT PROGRAM.
Section 226 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 131 Stat. 1335) is amended--
(1) by redesignating subsection (e) as subsection (f); and
[[Page 136 STAT. 2472]]
(2) by inserting after subsection (d) the following new
subsection:
``(e) Designation of Other Executive Agents.--Notwithstanding the
requirements of this section or section 1792 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (50 U.S.C. 4531
note), the Secretary of Defense may designate one or more Executive
Agents within the Department of Defense (other than the Executive Agent
described in subsection (a)) to implement Defense Production Act
transactions entered into under the authority of sections 4021, 4022,
and 4023 of title 10, United States Code.''.
SEC. 215. <<NOTE: 10 USC 4841 note.>> SUPPORT FOR RESEARCH AND
DEVELOPMENT OF BIOINDUSTRIAL MANUFACTURING
PROCESSES.
(a) Authorization.--Subject to the availability of appropriations,
the Secretary of Defense shall provide support for the development of a
network of bioindustrial manufacturing facilities to conduct research
and development to improve the ability of the industrial base to assess,
validate, and scale new, innovative bioindustrial manufacturing
processes for the production of chemicals, materials, and other products
necessary to support national security or secure fragile supply chains.
(b) Form of Support.--The support provided under subsection (a) may
consist of--
(1) providing funding to one or more existing facilities or
the establishment of new facilities--
(A) to support the research and development of
bioindustrial manufacturing processes; or
(B) to otherwise expand the bioindustrial
manufacturing capabilities of such facilities;
(2) the establishment of dedicated facilities within one or
more bioindustrial manufacturing facilities to serve as regional
hubs for the research, development, and the scaling of
bioindustrial manufacturing processes and products to higher
levels of production; or
(3) designating a bioindustrial manufacturing facility to
serve as the lead entity responsible for integrating a network
of pilot and intermediate scale bioindustrial manufacturing
facilities.
(c) Activities.--A facility that receives support under subsection
(a) shall carry out activities relating to the research, development,
test, and evaluation of innovative bioindustrial manufacturing processes
and the scaling of bioindustrial manufacturing products to higher levels
of production, which may include--
(1) research on the use of bioindustrial manufacturing to
create materials such as polymers, coatings, resins, commodity
chemicals, and other materials with fragile supply chains;
(2) demonstration projects to evaluate bioindustrial
manufacturing processes and technologies;
(3) activities to scale bioindustrial manufacuring processes
and products to higher levels of production;
(4) strategic planning for infrastructure and equipment
investments for bioindustrial manufacturing of defense-related
materials;
(5) analyses of bioindustrial manufactured products and
validation of the application of biological material used as
input
[[Page 136 STAT. 2473]]
to new and existing processes to aid in future investment
strategies and the security of critical supply chains;
(6) the selection, construction, and operation of pilot and
intermediate scale bioindustrial manufacturing facilities;
(7) development and management of a network of facilities to
scale production of bioindustrial products;
(8) activities to address workforce needs in bioindustrial
manufacturing;
(9) establishing an interoperable, secure, digital
infrastructure for collaborative data exchange across entities
in the bioindustrial manufacturing community, including
government agencies, industry, and academia;
(10) developing and implementing digital tools, process
security and assurance capabilities, cybersecurity protocols,
and best practices for data storage, sharing and analysis; and
(11) such other activities as the Secretary of Defense
determines appropriate.
(d) <<NOTE: Determination.>> Considerations.--In determining the
number, type, and location of facilities to support under subsection
(a), the Secretary of Defense shall consider--
(1) how the facilities may complement each other or increase
production levels by functioning together as a network;
(2) how to geographically distribute support to such
facilities--
(A) to maximize access to biological material needed
as an input to bioindustrial manufacturing processes;
(B) to leverage available industrial and academic
expertise, including workforce and human capital;
(C) to leverage relevant domestic infrastructure
required to secure supply chains for chemicals and other
materials;
(D) to leverage access to venture capital and
private sector finance expertise and funding
instruments; and
(E) to complement the capabilities of similar
facilities; and
(3) how the activities supported under this section can be
coordinated with relevant activities of other departments and
agencies of the Federal Government.
(e) <<NOTE: Deadlines.>> Initial Concept Plan Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees and the National
Security Commission on Emerging Biotechnology an initial concept
plan for the implementation of this section that includes--
(A) <<NOTE: Assessment. Determination.>> an
assessment of capacity scaling needs to determine if,
and what type of, additional bioindustrial manufacturing
facilities may be needed to meet the needs of the
Department of Defense;
(B) a description of types, relative sizes, and
locations of the facilities the Secretary intends to
establish or support under this section;
(C) a general description of the focus of each
facility, including the types of bioindustrial
manufacturing equipment, if any, that are expected to be
procured for each such facility;
[[Page 136 STAT. 2474]]
(D) a general description of how the facilities will
work as a network to maximize the diversity of
bioindustrial products available to be produced by the
network;
(E) an explanation of how the network will support
the establishment and maintenance of the bioindustrial
manufacturing industrial base; and
(F) an explanation of how the Secretary intends to
ensure that bioindustrial manufacturing activities
conducted under this section are modernized digitally,
including through--
(i) the use of data automation to represent
processes and products as models and simulations;
and
(ii) the implementation of measures to address
cybersecurity and process assurance concerns.
(2) <<NOTE: Time period.>> Briefings.--Not later than 180
days after the date of the submittal of the plan under paragraph
(1), and annually thereafter for five years, the Secretary of
Defense shall provide to the congressional defense committees a
briefing on the Secretary's progress in implementing the plan.
(f) Bioindustrial Manufacturing Defined.--In this section, the term
``bioindustrial manufacturing'' means the use of living organisms,
cells, tissues, enzymes, or cell-free systems to produce materials and
products for non-pharmaceutical applications.
SEC. 216. AIR-BREATHING AND ROCKET BOOSTER TESTING CAPACITY
UPGRADES TO SUPPORT CRITICAL HYPERSONIC
WEAPONS DEVELOPMENT.
(a) In General.--Subject to the availability of appropriations for
such purpose, the Secretary of the Air Force shall carry out activities
to upgrade testing facilities of the Department of the Air Force that
support the development of critical hypersonic weapons that--
(1) use air-breathing or rocket booster capabilities; and
(2) are expected to operate in sea-level or high-altitude
operational domains.
(b) Timeline for Completion.--The Secretary of the Air Force shall
seek to complete any upgrade under subsection (a), subject to
availability of appropriations for such upgrade, not later than 24
months after the upgrade is commenced.
SEC. 217. <<NOTE: Deadlines. 10 USC note prec.
9531.>> COMPETITIVELY AWARDED
DEMONSTRATIONS AND TESTS OF
ELECTROMAGNETIC WARFARE TECHNOLOGY.
(a) <<NOTE: Determination.>> Demonstrations and Tests Required.--
Not later than 270 days after the date of the enactment of this Act, the
Director of the Air Force Rapid Capabilities Office, in coordination
with the Air Force Life Cycle Management Center, shall select one or
more qualified entities under competitive processes to conduct
demonstrations and tests of commercial electronics technology to
determine whether technology currently exists that could enable the
following electromagnetic warfare capabilities:
(1) The operation of multiple emitters and receivers in the
same frequency at the same time and in the same location without
mutual interference and without using adaptive beam forming or
nulling.
(2) Protecting the reception of Global Positioning System
and other vulnerable low-power signals from multiple high-power
jammers at a level that is significantly better than
[[Page 136 STAT. 2475]]
the protection afforded by controlled reception pattern
antennas.
(3) Simultaneous transmission from and reception of separate
signals on the same platform wherein the signals lie in the same
frequency and are transmitted and received at the same time
without interference.
(4) Capabilities similar those described in paragraphs (1)
through (3) in a live, virtual constructive simulation
environment.
(5) Other capabilities that might satisfy or support needs
set forth in the Electromagnetic Spectrum Superiority Strategy
Implementation Plan released on August 5, 2021.
(b) Oversight of Tests.--The Director of Operational Test and
Evaluation shall--
(1) provide oversight of the demonstrations and tests
required by subsection (a);
(2) <<NOTE: Review.>> review other applicable government or
commercial demonstrations and tests; and
(3) not later than 30 days after the completion of the
demonstrations and tests under subsection (a), advise the Chief
Information Officer of the Department of Defense, the Under
Secretary of Defense for Research and Engineering, and the Under
Secretary of Defense for Acquisition and Sustainment of the
outcomes of the demonstrations and tests.
(c) <<NOTE: Briefings.>> Outcome-based Actions Required.--If the
Director of Operational Test and Evaluation and the Director of the Air
Force Rapid Capabilities Office affirm that the demonstrations and tests
under subsection (a) confirm that certain commercial electronics
technology could enable one or more of the capabilities described in
such subsection--
(1) not later than 45 days after the conclusion of the tests
under subsection (a), the Director of the Air Force Rapid
Capabilities Office and the Director of Operational Test and
Evaluation shall jointly provide to the congressional defense
committees a briefing on the outcomes of the tests;
(2) the Director of the Air Force Rapid Capabilities Office
may begin engineering form, fit, and function development and
integration to incorporate technologies demonstrated and tested
under subsection (a) into specific Department of Defense
platforms and applications; and
(3) <<NOTE: Plans.>> not later than 90 days after the
conclusion of the tests under subsection (a), the Director of
the Air Force Rapid Capabilities Office, the Chief Information
Officer, the Under Secretary of Defense for Research and
Engineering, and the Under Secretary of Defense for Acquisition
and Sustainment shall jointly provide to the congressional
defense committees a briefing on any plans of the Department of
Defense to further develop and deploy the technologies
demonstrated and tested under subsection (a) to support the
Electromagnetic Spectrum Superiority Strategy Implementation
Plan released on August 5, 2021.
(d) Competitiveness Requirements.--A decision to commit, obligate,
or expend funds for the purposes outlined in this section shall be based
on merit-based selection procedures in accordance with the requirements
of sections 3201(e) and 4024 of title 10, United States Code, or on
competitive procedures.
[[Page 136 STAT. 2476]]
(e) Commercial Electronics Technology Defined.--The term
``commercial electronics technology'' means electronics technology that
is--
(1) a commercial component (as defined in section 102 of
title 41, United States Code);
(2) a commercial product (as defined in section 103 such
title);
(3) a commercial service (as defined in section 103a of such
title); or
(4) a commercially available off-the-shelf item (as defined
in section 104 of such title).
SEC. 218. ADMINISTRATION OF THE ADVANCED SENSOR APPLICATIONS
PROGRAM.
(a) Resource Sponsors.--
(1) In general.--The Commander of Naval Air Systems Command
and the Director of Air Warfare shall jointly serve as the
resource sponsors for the Advanced Sensor Applications Program
(commonly known as ``ASAP'' and in this section referred to as
the ``Program'').
(2) Responsibilities.--The resource sponsors of the Program
shall be responsible for the following:
(A) Developing budget requests relating to the
Program.
(B) Establishing priorities for the Program.
(C) Approving the execution of funding and projects
for the Program.
(D) Coordination and joint planning with external
stakeholders in matters relating to the Program.
(b) Limitations.--Only the Secretary of the Navy, the Under
Secretary of the Navy, and the Commander of Naval Air Systems Command
may--
(1) provide direction and management for the Program;
(2) set priorities for the Program;
(3) regulate or limit the information available or
accessible to the Program;
(4) edit reports or findings generated under the Program; or
(5) coordinate and manage interactions of the Program with
external stakeholders.
(c) Authority for Program Manager.--The program manager for the
Program may access, consider, act on, and apply information, at all
levels of classification and from all sources and organizations, that is
pertinent to the projects and activities that the Program is executing,
or considering proposing for the future.
(d) Quarterly Briefings.--Not less frequently than once every three
months, the program manager for the Program shall provide to the
congressional defense committees and congressional intelligence
committees (as defined in section 3 of the National Security Act of 1947
(50 U.S.C. 3003)) a briefing on all aspects of the Program, including on
the status of--
(1) the implementation of this section;
(2) the implementation of other congressional directives
relating to the Program; and
(3) any direction and oversight of the Program exercised by
the Commander of Naval Air Systems Command, the Secretary of the
Navy, or the Under Secretary of the Navy.
[[Page 136 STAT. 2477]]
(e) Strategic Relationship.--The program manager for the Program
shall evaluate the feasibility and advisability of establishing a
strategic relationship with the Naval Research Laboratory pursuant to
which the Laboratory provides scientific and technical assistance and
support for the Program.
(f) Use of Assets.--The Commander of Naval Air Systems Command shall
take all actions the Commander considers reasonable--
(1) to enable the Program to use assets controlled within
the Naval Air Systems Command enterprise, including sensor
systems and platforms; and
(2) to pursue the use of other assets that may further the
mission of the Program.
(g) Termination.--This section shall have no force or effect after
September 30, 2027.
SEC. 219. <<NOTE: Deadlines. 10 USC note prec. 3241.>>
QUANTIFIABLE ASSURANCE CAPABILITY FOR
SECURITY OF MICROELECTRONICS.
(a) Development and Implementation of Capability.--The Secretary of
Defense shall develop and implement a capability for quantifiable
assurance to achieve practical, affordable, and risk-based objectives
for security of microelectronics to enable the Department of Defense to
access and apply state-of-the-art microelectronics for military
purposes.
(b) Establishment of Requirements and Schedule of Support for
Development, Test, and Assessment.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Deputy Secretary of Defense
shall, in consultation with the Under Secretary of Defense for
Research and Engineering, establish requirements and a schedule
for support from the National Security Agency to develop, test,
assess, implement, and improve the capability required by
subsection (a).
(2) National security agency.--The Director of the National
Security Agency shall take such actions as may be necessary to
satisfy the requirements established under paragraph (1).
(3) Briefing.--Not later than 120 days after the date of the
enactment of this Act, the Under Secretary of Defense for
Research and Engineering and the Director of the National
Security Agency shall jointly provide the congressional defense
committees a briefing on the requirements and the schedule for
support established under paragraph (1).
(c) Assessment.--
(1) In general.--The Secretary of Defense shall assess
whether the Department of Defense, to enable expanded use of
unprogrammed application specific integrated circuits or other
custom-designed integrated circuits manufactured by a supplier
that is not using processes accredited by the Defense
Microelectronics Activity for the purpose of enabling the
Department to access commercial state-of-the-art
microelectronics technology using risk-based quantifiable
assurance security methodology, should--
(A) seek changes to the International Traffic in
Arms Regulations under subchapter M of chapter I of
title 22, Code of Federal Regulations, and Department of
Defense
[[Page 136 STAT. 2478]]
Instruction 5200.44 (relating to protection of mission
critical functions to achieve trusted systems and
networks); and
(B) expand the use of unprogrammed custom-designed
integrated circuits that are not controlled by such
regulations.
(2) Briefing.--Not later than April 1, 2023, the Secretary
of Defense shall provide the congressional defense committees a
briefing on the findings of the Secretary with respect to the
assessment conducted under paragraph (1).
SEC. 220. <<NOTE: 10 USC note prec. 3241.>> GOVERNMENT-INDUSTRY-
ACADEMIA WORKING GROUP ON
MICROELECTRONICS.
(a) Establishment and Designation.--
(1) <<NOTE: Deadline.>> In general.--Not later than 180
days after the date of the enactment of this Act, the Secretary
of Defense shall establish a working group to facilitate
coordination among industry, academia, and the Department of
Defense on issues of mutual interest relating to
microelectronics as described in subsection (c).
(2) Designation.--The working group established under
paragraph (1) shall be known as the ``Government-Industry-
Academia Working Group on Microelectronics'' (referred to in
this section as the ``Working Group'').
(b) Composition.--The Working Group shall be composed of
representatives of organizations and elements of the Department of
Defense, industry, and academia.
(c) Scope.--The Secretary shall ensure that the Working Group
supports dialogue and coordination among industry, academia, and the
Department of Defense on the following issues relating to
microelectronics:
(1) Research needs.
(2) Infrastructure needs and shortfalls.
(3) Technical and process standards.
(4) Training and certification needs for the workforce.
(5) Supply chain issues.
(6) Supply chain, manufacturing, and packaging security.
(7) Technology transition issues and opportunities.
(d) <<NOTE: Deadline.>> Charter and Policies.--Not later than March
1, 2023, the Secretary of Defense shall develop a charter and issue
policies for the functioning of the Working Group.
(e) Administrative Support.--The joint federation of capabilities
established under section 937 of the National Defense Authorization Act
for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. 2224 note) shall
provide administrative support to the Working Group.
(f) Rule of Construction.--Nothing in this section shall be
construed to allow the Department of Defense to provide any competitive
advantage to any participant in the Working Group.
(g) Sunset.--The provisions of this section shall terminate on
December 31, 2030.
SEC. 221. <<NOTE: 10 USC 4571 note.>> TARGET DATE FOR DEPLOYMENT
OF 5G WIRELESS BROADBAND INFRASTRUCTURE AT
ALL MILITARY INSTALLATIONS.
(a) Target Required.--Not later than July 30, 2023, the Secretary of
Defense shall--
[[Page 136 STAT. 2479]]
(1) establish a target date by which the Secretary plans to
deploy 5G wireless broadband infrastructure at all military
installations; and
(2) establish metrics, which shall be identical for each of
the military departments, to measure progress toward reaching
the target required by paragraph (1).
(b) Annual Report.--Not later than December 31, 2023, and on an
annual basis thereafter until the date specified in subsection (c), the
Secretary of Defense shall submit to the congressional defense
committees a report that includes--
(1) the metrics in use pursuant to subsection (a)(2); and
(2) the progress of the Secretary in reaching the target
required by subsection (a)(1).
(c) Termination.--The requirement to submit annual reports under
subsection (b) shall terminate on the date that is five years after the
date of the enactment of this Act.
SEC. 222. <<NOTE: 10 USC 4144 note.>> OUTREACH TO HISTORICALLY
BLACK COLLEGES AND UNIVERSITIES AND OTHER
MINORITY-SERVING INSTITUTIONS REGARDING
NATIONAL SECURITY INNOVATION NETWORK
PROGRAMS THAT PROMOTE ENTREPRENEURSHIP AND
INNOVATION AT INSTITUTIONS OF HIGHER
EDUCATION.
(a) Pilot Program.--The Under Secretary of Defense for Research and
Engineering, acting through the National Security Innovation Network,
may carry out a pilot program under which the Under Secretary conducts
activities, including outreach and technical assistance, to better
connect historically Black colleges and universities and other minority-
serving institutions to the commercialization, innovation, and
entrepreneurial activities of the Department of Defense.
(b) <<NOTE: Deadline.>> Briefing.--Not later than one year after
commencing a pilot program under subsection (a), the Under Secretary of
Defense for Research and Engineering shall provide to the congressional
defense committees a briefing on the program, including--
(1) an explanation of--
(A) the results of any outreach efforts conducted
under the pilot program;
(B) the success of the pilot program in expanding
National Security Innovation Network programs to
historically Black colleges and universities and other
minority-serving institutions; and
(C) any potential barriers to the expansion of the
pilot program; and
(2) <<NOTE: Recommenda- tions.>> recommendations for how
the Department of Defense can support historically Black
colleges and universities and other minority-serving
institutions to enable such institutions to successfully
participate in Department of Defense commercialization,
innovation, and entrepreneurship programs.
(c) Termination.--The authority to carry out the pilot program under
subsection (a) shall terminate on the date that is five years after the
date of the enactment of this Act.
(d) Definitions.--In this section:
(1) The term ``historically Black college or university''
means a part B institution (as defined in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061)).
[[Page 136 STAT. 2480]]
(2) The term ``other minority-serving institution'' means an
institution of higher education specified in paragraphs (2)
through (7) of section 371(a) of the Higher Education Act of
1965 (20 U.S.C. 1067q(a)).
SEC. 223. <<NOTE: 10 USC 4144 note.>> REPORT AND PILOT PROGRAM
BASED ON RECOMMENDATIONS REGARDING DEFENSE
RESEARCH CAPACITY AT HISTORICALLY BLACK
COLLEGES AND UNIVERSITIES AND OTHER
MINORITY-SERVING INSTITUTIONS.
(a) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on the
recommendations set forth in the publication of the National
Academies of Sciences, Engineering, and Medicine titled
``Defense Research Capacity at Historically Black Colleges and
Universities and Other Minority Institutions: Transitioning from
Good Intentions to Measurable Outcomes'' and dated April 28,
2022.
(2) Contents.--The report required under paragraph (1) shall
include the following:
(A) With respect to the recommendations and
subrecommendations set forth in the publication
described in paragraph (1)--
(i) a description of each recommendation and
subrecommendation the Secretary has implemented as
of the date of the report;
(ii) a description of each recommendation and
subrecommendation the Secretary has commenced
implementing as of the date of the report,
including a justification for determining to
commence implementing the recommendation; and
(iii) <<NOTE: Determination.>> a description
of each recommendation and subrecommendation the
Secretary has not implemented or commenced
implementing as of the date of the report and a
determination as to whether or not to implement
the recommendation.
(B) For each recommendation or subrecommendation the
Secretary determines to implement under subparagraph
(A)(iii)--
(i) <<NOTE: Timeline.>> a timeline for
implementation;
(ii) a description of any additional resources
or authorities required for implementation; and
(iii) <<NOTE: Plan.>> the plan for
implementation.
(C) For each recommendation or subrecommendation the
Secretary determines not to implement under subparagraph
(A)(iii), a justification for the determination not to
implement the recommendation.
(3) Format.--The report required under paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.
(b) Program to Implement Report Recommendations and
Subrecommendations.--
(1) Program required.--The Secretary of Defense shall
establish and carry out a program (referred to in this
subsection
[[Page 136 STAT. 2481]]
as the ``Program'') under which the Secretary carries out
activities to increase the capacity of eligible institutions to
achieve very high research activity status.
(2) Considerations.--In establishing the Program the
Secretary shall consider--
(A) the recommendations and subrecommendations to be
implemented under subsection (a);
(B) the extent of nascent research capabilities and
planned research capabilities at eligible institutions
and the relevance of those capabilities to research
areas of interest to the Department of Defense;
(C) recommendations from previous studies for
increasing the level of research activity at eligible
institutions to very high research activity status,
including measurable milestones such as growth in very
high research activity status indicators and other
relevant factors;
(D) how institutions participating in the Program
will evaluate and assess progress toward achieving very
high research activity status;
(E) how such institutions will sustain an increased
level of research activity after the Program terminates;
and
(F) reporting requirements for institutions
participating in the Program.
(3) Consultation.--In designing the Program, the Secretary
may consult with the President's Board of Advisors on
historically Black colleges and universities.
(4) Program activities.--
(A) Activities.--Under the Program, the Secretary
shall carry out activities to build the capacity of
eligible institutions to achieve very high research
activity status, which may include--
(i) activities to support--
(I) faculty professional
development;
(II) stipends for undergraduate and
graduate students and post-doctoral
scholars;
(III) recruitment and retention of
faculty and graduate students;
(IV) the provision of laboratory
equipment and instrumentation;
(V) communication and dissemination
of research products produced during the
Program;
(VI) construction, modernization,
rehabilitation, or retrofitting of
facilities for research purposes; and
(ii) such other activities as the Secretary
determines appropriate.
(B) <<NOTE: Updates. List.>> Identification of
priority areas.--The Secretary shall establish and
update, on an annual basis, a list of research
priorities for STEM and critical technologies
appropriate for the Program to assist eligible
institutions in identifying appropriate areas for
research and related activities.
(5) Termination.--The Program shall terminate 10 years after
the date on which the Secretary commences the Program.
(6) <<NOTE: Reports.>> Evaluation.--Not later than two
years after the date of the enactment of this Act and every two
years thereafter
[[Page 136 STAT. 2482]]
until the date on which the Program terminates under paragraph
(5), the Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
providing an update on the Program, including--
(A) a description of the activities carried out
under the Program;
(B) <<NOTE: Analysis.>> an analysis of any growth in
very high research activity status indicators of
eligible institutions that participated in the Program;
and
(C) emerging research areas of interest to the
Department of Defense that are being pursued by such
institutions.
(7) Report to congress.--Not later than 180 days after the
date on which the program terminates under paragraph (5), the
Secretary shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the
Program that includes the following:
(A) <<NOTE: Analysis.>> An analysis of the growth
in very high research activity status indicators of
eligible institutions that participated in the Program.
(B) An evaluation on the effectiveness of the
Program in increasing the research capacity of such
institutions.
(C) An explanation of how institutions that achieved
very high research activity status plan to sustain that
status after the termination of the Program.
(D) An evaluation of the maintenance of very high
research status by eligible institutions that
participated in the Program.
(E) An evaluation of the effectiveness of the
Program in increasing the diversity of students
conducting high quality research in unique areas.
(F) <<NOTE: Recommenda- tions.>> Recommendations
with respect to further activities and investments
necessary to elevate the research status of historically
Black colleges and universities and other minority-
serving institutions.
(G) <<NOTE: Recommenda- tions.>> Recommendations as
to whether the Program should be renewed or expanded.
(c) Definitions.--In this section:
(1) The term ``eligible institution'' means a historically
Black college or university or other minority-serving
institution that is classified as a high research activity
status institution at the time of participation in the program
under subsection (b).
(2) The term ``high research activity status'' means R2
status, as classified by the Carnegie Classification of
Institutions of Higher Education.
(3) The term ``historically Black college or university''
has the meaning given the term ``part B institution'' under
section 322 of the Higher Education Act of 1965 (20 U.S.C.
1061).
(4) The term ``other minority-serving institution'' means an
institution of higher education specified in paragraphs (2)
through (7) of section 371(a) of the Higher Education Act of
1965 (20 U.S.C. 1067q(a)).
(5) The term ``Secretary'' means the Secretary of Defense.
(6) The term ``very high research activity status'' means R1
status, as classified by the Carnegie Classification of
Institutions of Higher Education.
[[Page 136 STAT. 2483]]
(7) The term ``very high research activity status
indicators'' means the categories used by the Carnegie
Classification of Institutions of Higher Education to delineate
which institutions have very high activity status, including--
(A) annual expenditures in science and engineering;
(B) per-capita (faculty member) expenditures in
science and engineering;
(C) annual expenditures in non-science and
engineering fields;
(D) per-capita (faculty member) expenditures in non-
science and engineering fields;
(E) doctorates awarded in science, technology,
engineering, and mathematics fields;
(F) doctorates awarded in social science fields;
(G) doctorates awarded in the humanities;
(H) doctorates awarded in other fields with a
research emphasis;
(I) total number of research staff including
postdoctoral researchers;
(J) other doctorate-holding non-faculty researchers
in science and engineering and per-capita (faculty)
number of doctorate-level research staff including post-
doctoral researchers; and
(K) other categories utilized to determine
classification.
SEC. 224. <<NOTE: 10 USC 8013 note.>> PILOT PROGRAM TO SUPPORT THE
DEVELOPMENT OF PATENTABLE INVENTIONS IN
THE DEPARTMENT OF THE NAVY.
(a) In General.--The Secretary of the Navy may carry out a pilot
program to expand the support available to covered personnel who seek to
engage in the development of patentable inventions that--
(1) have applicablity to the job-related functions of such
personnel; and
(2) may have applicability in the civilian sector.
(b) Activities.--As part of the pilot program under subsection (a),
the Secretary of the Navy may--
(1) expand outreach to covered personnel regarding the
availability of patent-related training, legal assistance, and
other support for personnel interested in developing patentable
inventions;
(2) expand the availability of patent-related training to
covered personnel, including by making such training available
online;
(3) <<NOTE: Guidance.>> clarify and issue guidance detailing
how covered personnel, including personnel outside of the
laboratories and other research organizations of the Department
of the Navy, may--
(A) seek and receive support for the development of
patentable inventions; and
(B) receive a portion of any royalty or other
payment as an inventor or coinventor such as may be due
under section 14(a)(1)(A)(i) of the Stevension-Wylder
Technology Innovation Act of 1980 (15 U.S.C.
3710c(a)(1)(A)(i)); and
(4) carry out other such activities as the Secretary
determines appropriate in accordance with the purposes of the
pilot program.
[[Page 136 STAT. 2484]]
(c) Termination.--The authority to carry out the pilot program under
subsection (a) shall terminate three years after the date of the
enactment of this Act.
(d) Definitions.--In this section:
(1) The term ``covered personnel'' means members of the Navy
and Marine Corps and civilian employees of the Department of the
Navy, including members and employees whose primary duties do
not involve research and development.
(2) The term ``patentable invention'' means an invention
that is patentable under title 35, United States Code.
SEC. 225. <<NOTE: 10 USC 4001 note.>> PILOT PROGRAM TO FACILITATE
THE DEVELOPMENT OF BATTERY TECHNOLOGIES
FOR WARFIGHTERS.
(a) Establishment.--
(1) <<NOTE: Assessments.>> In general.--The Secretary of
Defense may establish and carry out a pilot program to assess
the feasibility and advisability of providing support to battery
producers--
(A) to facilitate the research and development of
safe and secure battery technologies for existing and
new or novel battery chemistry configurations, including
through the research and development of new or updated
manufacturing processes and technologies;
(B) to assess commercial battery offerings within
the marketplace for viability and utility for warfighter
applications; and
(C) to transition battery technologies, including
technologies developed under other pilot programs,
prototype projects, or other research and development
programs, from the prototyping phase to manufacturing
production.
(2) Designation.--The pilot program established under
paragraph (1) shall be known as the ``Warfighter Electric
Battery Transition Project'' (referred to in this section as the
``Project'').
(3) Administration.--The Under Secretary of Defense for
Research and Engineering shall administer the Project.
(b) Grants, Contracts, and Other Agreements.--The Secretary of
Defense may carry out the Project through the award of support, as
described in subsection (a)(1), in the form of grants to, or contracts
or other agreements with, battery producers.
(c) Coordination.--The Secretary of Defense shall ensure that
activities under the Project are coordinated with the Strategic
Environmental Research and Development Program under section 2901 of
title 10, United States Code.
(d) Use of Grant and Contract Amounts.--A battery producer who
receives a grant, contract, or other agreement under the Project may use
the amount of the grant, contract, or other agreement to carry out one
or more of the following activities:
(1) Conducting research and development to validate new or
novel battery chemistry configurations, including through--
(A) experimentation;
(B) prototyping;
(C) testing;
(D) adapting battery technology to integrate with
other technologies and systems; or
(E) addressing manufacturing or other production
challenges.
[[Page 136 STAT. 2485]]
(2) Providing commercially available battery technologies to
each Secretary of a military department and the commanders of
the combatant commands to support utility assessments or other
testing by warfighters.
(3) <<NOTE: Assessments.>> Expanding, validating, or
assessing battery recycling capabilities that may provide
operational utility to the Department of Defense.
(4) Building and strengthening relationships of the
Department of Defense with nontraditional defense contractors in
the technology industry that may have unused or underused
solutions to specific operational challenges of the Department
relating to battery technology.
(e) <<NOTE: Criteria.>> Priority of Awards.--In awarding grants,
contracts, or other agreements under the Project, the Secretary shall
give preference to battery producers that meet one or more of the
following criteria:
(1) The producer manufactures, designs, or develops battery
cells, packs, modules, or other related capabilities in the
United States.
(2) The producer manufactures, designs, or develops battery
cells, packs, modules, or other related capabilities in the
national technology and industrial base (as defined in section
4801 of title 10, United States Code).
(3) The technology made available by the producer provides
modularity to support diverse applications.
(4) The technology made available by the producer
facilitates safety in tactical and combat applications by using
battery chemistries and configurations that reduce thermal
runaway and minimize oxygen liberation.
(5) The producer demonstrates new or novel battery chemistry
configurations, safety characteristics, or form-factor
configurations.
(6) The producer facilitates the domestic supply chain for
raw materials needed for battery production.
(7) The producer offers battery-related commercial products
or commercial services.
(f) Planning, Reporting and Data Collection.--
(1) Plan required before implementation.--
(A) In general.--The Secretary of Defense may not
commence the Project until the Secretary has completed a
plan for the implementation of the Project.
(B) Elements.--The plan under subparagraph (A) shall
provide for--
(i) collecting, analyzing, and retaining
Project data;
(ii) developing and sharing best practices for
achieving the objectives of the Project;
(iii) identification of any policy or
regulatory impediments inhibiting the execution of
the Project; and
(iv) sharing results from the Project across
the Department of Defense and with other
departments and agencies of the Federal Government
and Congress.
(C) <<NOTE: Deadline.>> Submittal to congress.--Not
later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees the implementation plan
developed under subparagraph (A).
[[Page 136 STAT. 2486]]
(2) Final report.--Not later than one year after the date on
which the Project terminates under subsection (g), the Secretary
of Defense shall submit to the congressional defense committees
a final report on the results of the Project. Such report shall
include--
(A) <<NOTE: Summary.>> a summary of the objectives
achieved by the Project; and
(B) <<NOTE: Recommenda- tions.>> recommendations
regarding the steps that may be taken to promote battery
technologies that are not dependent on foreign
competitors to meet the needs of the Armed Forces.
(g) Termination.--The authority to carry out the Project shall
terminate on December 31, 2028.
Subtitle C--Plans, Reports, and Other Matters
SEC. 231. MODIFICATION TO ANNUAL REPORTS OF THE DIRECTOR OF
OPERATIONAL TEST AND EVALUATION.
Section 139(h)(3) of title 10, United States Code, is amended--
(1) by inserting ``or controlled unclassified'' after
``classified''; and
(2) by striking ``submit an unclassified version of the
report to Congress'' and inserting ``submit to Congress a
version of the report that is unclassified and does not require
safeguarding or dissemination controls''.
SEC. 232. EXTENSION OF REQUIREMENT FOR QUARTERLY BRIEFINGS ON
STRATEGY FOR FIFTH GENERATION INFORMATION
AND COMMUNICATIONS TECHNOLOGIES.
Section 254(d)(1) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 4571 note) is amended, in
the matter preceding subparagraph (A), by striking ``March 15, 2022''
and inserting ``December 1, 2026''.
SEC. 233. <<NOTE: 10 USC 4001 note.>> PLAN FOR INVESTMENTS TO
SUPPORT THE DEVELOPMENT OF NOVEL
PROCESSING APPROACHES FOR DEFENSE
APPLICATIONS.
(a) <<NOTE: Deadline. Time period. Termination date.>> Investment
Plans Required.--Not later than November 1, 2023, and not less
frequently than once every three years thereafter until December 31,
2035, the Secretary of Defense shall submit to the congressional defense
committees a plan for making investments to support the development of
novel processing approaches for defense applications.
(b) Elements.--Each investment plan required by subsection (a)
shall--
(1) identify any investments the Secretary has made, and any
future investments the Secretary intends to make, in research
and technology development to support the use and fielding of
novel processing approaches for defense applications;
(2) identify any investments the Secretary has made, and any
future investments the Secretary intends to make, to accelerate
the development of novel processing approaches for defense
applications, including investments in--
(A) personnel and workforce capabilities;
[[Page 136 STAT. 2487]]
(B) facilities and infrastructure to host systems
utilizing novel processing approaches;
(C) algorithm developments necessary to expand the
functionality of each novel processing approach;
(D) other Federal agencies and federally funded
laboratories; and
(E) appropriate international and commercial sector
organizations and activities;
(3) describe mechanisms to coordinate and leverage
investments in novel processing approaches within the Department
and with non-Federal partners;
(4) describe the technical goals to be achieved and
capabilities to be developed under the plan; and
(5) <<NOTE: Recommenda- tions.>> include recommendations
for such legislative or administration actions as may support
the effective execution of the investment plan.
(c) Form.--Each plan submitted under subsection (a) shall be
submitted in such form as the Secretary considers appropriate, which may
include classified, unclassified, and publicly releasable formats.
(d) Novel Processing Approaches Defined.--In this section, the term
``novel processing approaches'' means--
(1) emerging techniques in computation, such as
biocomputing, exascale computing, utility scale quantum
computing; and
(2) associated algorithm and hardware development needed to
implement such techniques.
SEC. 234. PLANS TO ACCELERATE THE TRANSITION TO 5G INFORMATION AND
COMMUNICATIONS TECHNOLOGY WITHIN THE
MILITARY DEPARTMENTS.
(a) Three-year Transition Plan Required.--
(1) <<NOTE: Deadline.>> In general.--Not later than 120 days
after the date of the enactment of this Act, each Assistant
Secretary concerned shall develop and submit to the
congressional defense committees a plan that specifies--
(A) the extent to which fifth generation information
and communications technology (5G) infrastructure is
expected to be implemented in the military department of
the Assistant Secretary by the end of the three-year
period following the date of the enactment of this Act;
and
(B) how the implementation of such technology is
expected to be achieved during such period.
(2) Elements.--Each plan required under paragraph (1) shall
include--
(A) <<NOTE: Assessment.>> an operational needs
assessment that identifies the highest priority areas in
which the Assistant Secretary intends to implement fifth
generation information and communications technologies
during the three-year period described in paragraph (1);
(B) an explanation of--
(i) whether and to what extent the Assistant
Secretary intends to use an open radio access
network approach in implementing fifth generation
information and communications technologies in the
areas identified under subparagraph (A); and
[[Page 136 STAT. 2488]]
(ii) if the Assistant Secretary does not
intend to use such an open radio access network
approach, an explanation of the reasons for such
determination;
(C) <<NOTE: Funding estimates.>> an investment plan
that includes funding estimates, by fiscal year and
appropriation account, to accelerate--
(i) the maturation and acquisition of fifth
generation information and communications
capabilities that use the open radio access
network approach; and
(ii) the deployment of such capabilities in
the facilities and systems of the military
department concerned;
(D) metrics and reporting mechanisms to ensure
progress in achieving the objectives of the plan within
the three-year period described in paragraph (1);
(E) identification and designation of a single point
of contact at each military installation and within each
armed force under the jurisdiction of the military
department concerned to facilitate the deployment of
fifth generation information and communications
technologies;
(F) actions the Assistant Secretary intends to carry
out to streamline the process for establishing fifth
generation wireless coverage at military installations,
including actions to reduce delays caused by policies
and processes relating to contracting, communications,
and the use of real property;
(G) identification of investments that are required
to support the transition to fifth generation
information and communications technology that uses an
open radio access network approach; and
(H) such other matters as the Assistant Secretary
considers appropriate.
(3) Coordination.--In developing the plans required under
paragraph (1), each Assistant Secretary concerned shall
coordinate with--
(A) the Chief Information Officer of the Department
of Defense;
(B) and the Under Secretary of Defense for
Acquisition and Sustainment; and
(C) the Under Secretary of Defense for Research and
Engineering.
(4) Form of plan.--Each plan required under paragraph (1)
shall be submitted in unclassified form.
(b) Cross-functional Team Assessment.--
(1) <<NOTE: Deadline.>> Assessment and briefing required.--
After all of the plans required by subsection (a)(1) have been
submitted in accordance with such subsection and not later than
150 days after the date of the enactment of this Act, the cross-
functional team established pursuant to section 224(c)(1) of the
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 4571 note)
shall assess such plans and provide to the congressional defense
committees a briefing on the findings of the team with respect
to such assessment.
(2) <<NOTE: Recommenda- tions.>> Elements.--The briefing
provided under paragraph (1) shall include the following:
(A) Recommendations to further accelerate the
deployment of fifth-generation information and
communications
[[Page 136 STAT. 2489]]
technologies that use the open radio access network
approach across the Department of Defense.
(B) Recommendations to standardize and streamline
the process for establishing fifth generation wireless
coverage at military installations, including
recommendations for reducing delays caused by policies
and processes relating to contracting, communications,
and the use of real property.
(C) A plan for the inclusion of representatives of
the Department of Defense in international wireless
standards-setting bodies.
(D) Such other matters as the cross-functional team
described in paragraph (1) considers appropriate.
(c) Definitions.--In this section:
(1) The term ``Assistant Secretary concerned'' means--
(A) the Assistant Secretary of the Army for
Acquisition, Logistics, and Technology, with respect to
matters concerning the Department of the Army;
(B) the Assistant Secretary of the Navy for
Research, Development, and Acquisition, with respect to
matters concerning the Department of the Navy; and
(C) the Assistant Secretary of the Air Force for
Acquisition, Technology, and Logistics, with respect to
matters concerning the Department of the Air Force.
(2) The term ``open radio access network approach'' means an
approach to networking, such as the Open Radio Access Network
(commonly known as ``Open RAN''), that uses open protocols and
interfaces within a network so that components provided by
different vendors can be interoperable.
SEC. 235. PLAN FOR DEFENSE ADVANCED RESEARCH PROJECTS AGENCY
INNOVATION FELLOWSHIP PROGRAM.
(a) In General.--The Director of the Defense Advanced Research
Projects Agency shall develop a plan for the establishment of a
fellowship program (to be known as the ``Innovation Fellowship
Program'') to expand opportunities for early career scientists to
participate in the programs, projects, and other activities of the
Agency.
(b) Elements.--In developing the plan under subsection (a), the
Director of the Defense Advanced Research Projects Agency shall--
(1) <<NOTE: Review.>> review the types of programs,
projects, and other activities of the Agency that may be open to
participation from early career scientists to identify
opportunities for the expansion of such participation;
(2) <<NOTE: Criteria.>> identify criteria for evaluating
applicants to the fellowship program described in subsection
(a);
(3) establish detailed plans for the implementation of the
fellowship program;
(4) <<NOTE: Assessment.>> conduct an assessment of the
potential costs of the fellowship program;
(5) define eligibility requirements for participants in the
fellowship program; and
(6) address such other matters as the Director determines
appropriate.
(c) <<NOTE: Reports.>> Submittal to Congress.--Not later than 180
days after the date of the enactment of this Act, the Director of the
Defense
[[Page 136 STAT. 2490]]
Advanced Research Projects Agency shall submit to the congressional
defense committee a report that includes--
(1) the plan developed under subsection (a); and
(2) <<NOTE: Recommenda- tions.>> recommendations for
expanding opportunities for early career scientists to
participate in the programs, projects, and other activities of
the Agency.
(d) Early Career Scientist Defined.--The term ``early career
scientist'' means a scientist who is in an early stage of career
development according to criteria determined by the Director of the
Defense Advanced Research Projects Agency for purposes of this section.
SEC. 236. <<NOTE: 10 USC 4001 note.>> STRATEGY AND PLAN FOR
FOSTERING AND STRENGTHENING THE DEFENSE
INNOVATION ECOSYSTEM.
(a) <<NOTE: Deadline.>> Strategy and Implementation Plan
Required.--Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense, acting through the Under Secretary
of Defense for Research and Engineering, shall develop--
(1) a strategy fostering and strengthening the defense
innovation ecosystem; and
(2) a plan for implementing such strategy.
(b) Purposes.--
(1) Strategy.--The purpose of the strategy required by
subsection (a)(1) is to provide a framework for identifying,
assessing, and tracking innovation ecosystems that are
beneficial to advancing the defense, national security, and
warfighting missions of the Department of Defense.
(2) Implementation plan.--The purpose of the implementation
plan required by subsection (a)(2) is to provide--
(A) concrete steps and measures of effectiveness to
gauge the effect of the innovation ecosystems described
in paragraph (1) on the Department; and
(B) <<NOTE: Assessment.>> a means for assessing the
effectiveness of the strategy developed under subsection
(a)(1), including the approaches taken by the Department
to grow, foster, and sustain such innovation ecosystems.
(c) Elements.--The strategy and the implementation plan required by
subsection (a) shall include the following elements:
(1) A process for defining, assessing, and selecting
innovation ecosystems with potential to provide benefit to the
Department of Defense.
(2) Metrics for measuring the performance and health of
innovation ecosystems being supported by the Department,
including identification of criteria to determine when to
support or cease supporting identified ecosystems.
(3) Identification of the authorities and Department of
Defense research, development, test, and evaluation assets that
can be used to identify, establish, sustain, and expand
innovation ecosystems.
(4) For each innovation ecosystem supported by the
Department--
(A) a description of the core competencies or focus
areas of the ecosystem;
(B) identification of any organizations or elements
of the Department that engage with the ecosystem;
[[Page 136 STAT. 2491]]
(C) identification of the private sector assets that
are being used to support, sustain, and expand the
identified innovation ecosystem; and
(D) a description of any challenges and successes
associated with such ecosystem.
(5) Such other elements as the Secretary considers
appropriate.
(d) <<NOTE: Deadline.>> Interim Briefing.--Not later than 90 days
after the date of the enactment of this Act, the Secretary of Defense
shall provide to the congressional defense committees a briefing on the
strategy and implementation plan developed under subsection (a).
(e) <<NOTE: Deadline.>> Submittal of Strategy and Plan.--Not later
than 180 days after the date of the enactment of this Act, the Secretary
of Defense shall submit to the congressional defense committees the
strategy and implementation plan developed under subsection (a).
(f) <<NOTE: Deadline.>> Quadrennial Updates.--Not later than March
1, 2027, and not less frequently than once ever four years thereafter
until December 31, 2039, the Secretary shall--
(1) update the strategy and plan developed under subsection
(a); and
(2) submit the updated strategy and plan to the
congressional defense committees.
(g) Definitions.--In this section:
(1) The term ``Department of Defense research, development,
test, and evaluation assets'' includes the following:
(A) The Department of Defense science and technology
reinvention laboratories designated under section 4121
of title 10, United States Code.
(B) The Major Range and Test Facility Base (as
defined in section 4173(i) of such title).
(C) Department of Defense sponsored manufacturing
innovation institutes.
(D) The organic industrial base.
(E) Defense Agencies and Department of Defense Field
Activities (as defined in section 101(a) of title 10,
United States Code) that carry out activities using
funds appropriated for research, development, test, and
evaluation.
(F) Any other organization or element of the
Department of Defense that carries out activities using
funds appropriated for research, development, test, and
evaluation.
(2) The term ``innovation ecosystem'' refers to a regionally
based network of private sector, academic, and government
institutions in a network of formal and informal institutional
relationships that contribute to technological and economic
development in a defined technology sector or sectors.
SEC. 237. ASSESSMENT AND STRATEGY RELATING TO HYPERSONIC TESTING
CAPACITY OF THE DEPARTMENT OF DEFENSE.
(a) Assessment.--The Secretary of Defense shall assess the capacity
of the Department of Defense to test, evaluate, and qualify the
hypersonic capabilities and related technologies of the Department.
(b) Elements.--The assessment under subsection (a) shall include the
following:
[[Page 136 STAT. 2492]]
(1) An assumption, for purposes of evaluating the capacity
described in subsection (a), that the Department of Defense will
conduct at least one full-scale, operationally relevant, live-
fire, hypersonic weapon test of each hypersonic weapon system
that is under development each year by each of the Air Force,
the Army, and the Navy, once such system reaches initial
operational capability.
(2) An identification of test facilities outside the
Department of Defense that have potential to be used to expand
the capacity described in subsection (a), including test
facilities of other departments and agencies of the Federal
Government, academia, and commercial test facilities.
(3) <<NOTE: Analysis.>> An analysis of the capability of
each test facility identified under paragraph (2) to simulate
various individual and coupled hypersonic conditions to
accurately simulate a realistic flight-like environment with all
relevant aero-thermochemical conditions.
(4) An identification of the coordination, scheduling,
reimbursement processes, and requirements needed for the
potential use of test facilities of other departments and
agencies of the Federal Government, as available.
(5) <<NOTE: Analysis.>> An analysis of the test frequency,
scheduling lead time, test cost, and capacity of each test
facility identified under paragraph (2).
(6) <<NOTE: Review.>> A review of test facilities identified
under paragraph (2) that could enhance efforts to test flight
vehicles of the Department in all phases of hypersonic flight,
and other technologies, including sensors, communications,
thermal protective shields and materials, optical windows,
navigation, and environmental sensors.
(7) <<NOTE: Assessment.>> An assessment of any cost savings
and time savings that could result from using technologies
identified in the strategy under subsection (c).
(c) Strategy.--
(1) <<NOTE: Deadline.>> Requirement.--Not later than 180
days after the date of the enactment of this Act, the Secretary
of Defense shall submit to the appropriate congressional
committees a strategy to coordinate the potential use of test
facilities and ranges identified under subsection (b)(2) to
evaluate hypersonic technologies.
(2) Elements.--The strategy under paragraph (1) shall--
(A) be based on the assessment under subsection (a);
(B) <<NOTE: Plan.>> address how the Secretary will
coordinate with other departments and agencies of the
Federal Government, including the National Aeronautics
and Space Administration, to plan for and schedule the
potential use of other Federal Government-owned test
facilities and ranges, as available, to evaluate the
hypersonic technologies of the Department of Defense;
(C) to the extent practicable, address in what cases
the Secretary can use test facilities identified under
subsection (b)(2) to fill any existing testing
requirement gaps to enhance and accelerate flight
qualification of critical hypersonic technologies of the
Department;
(D) identify--
(i) <<NOTE: Cost estimates.>> the resources
needed to improve the frequency and capacity for
testing hypersonic technologies of the
[[Page 136 STAT. 2493]]
Department at ground-based test facilities and
flight test ranges, including estimated costs for
conducting at least one full-scale, operationally
relevant, live-fire, hypersonic weapon test of
each hypersonic weapon system that is under
development each year by each of the Air Force,
the Army, and the Navy, once such system reaches
initial operational capability;
(ii) the resources needed to reimburse other
departments and agencies of the Federal Government
for the use of the test facilities and ranges of
those departments or agencies to test the
hypersonics technologies of the Department;
(iii) the requirements, approval processes,
and resources needed to enhance, as appropriate,
the testing capabilities and capacity of other
Federal Government-owned test facilities and
flight ranges, in coordination with the heads of
the relevant departments and agencies;
(iv) investments that the Secretary can make
to incorporate test facilities identified under
subsection (b)(2) into the overall hypersonic test
infrastructure of the Department of Defense; and
(v) the environmental conditions, testing
sizes, and duration required for flight
qualification of both hypersonic cruise and
hypersonic boost-glide technologies of the
Department; and
(E) address all advanced or emerging technologies
that could shorten timelines and reduce costs for
hypersonic missile testing, including with respect to--
(i) 3D printing of hypersonic test missile
components including the frame, warhead, and
propulsion systems;
(ii) reusable hypersonic test beds, including
air-launched, sea-launched, and ground-launched
options;
(iii) additive manufacturing solutions;
(iv) the potential use of airborne platforms
other than the B-52 aircraft to improve flight
schedules for such testing; and
(v) other relevant technologies.
(3) Coordination.--The Secretary of Defense shall develop
the strategy under paragraph (1) in coordination with the
Program Director of the Joint Hypersonics Transition Office, the
Administrator of the National Aeronautics and Space
Administration, the research laboratories of the military
departments, and the Department of Defense Test Resource
Management Center.
(d) Report on Estimated Costs of Conducting a Minimum Frequency of
Hypersonic Weapons Testing.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
appropriate congressional committees a report that includes an estimate
of the costs of conducting at least one full-scale, operationally
relevant, live-fire, hypersonic weapon test of each hypersonic weapon
system that is under development each year by each of the Air Force, the
Army, and the Navy, once such system reaches initial operational
capability.
(e) Appropriate Congressional Committees Defined.--The term
``appropriate congressional committees'' means the following:
[[Page 136 STAT. 2494]]
(1) The congressional defense committees.
(2) The Committee on Science, Space, and Technology of the
House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate.
SEC. 238. ANNUAL REPORT ON STUDIES AND REPORTS OF FEDERALLY FUNDED
RESEARCH AND DEVELOPMENT CENTERS.
(a) Annual Report Required.--On an annual basis, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report that identifies and provides
information about the studies and reports undertaken for the Department
of Defense by federally funded research and development centers.
(b) Elements.--Each report submitted under subsection (a) shall set
forth the following:
(1) <<NOTE: List.>> A list identifying each study and
report undertaken by a federally funded research center for the
Department of Defense--
(A) that has been completed during the period
covered by the report under subsection (a); or
(B) that is in progress as of the date of the report
under subsection (a).
(2) For each study and report listed under paragraph (1),
the following:
(A) The title of the study or report.
(B) The federally funded research and development
center undertaking the study or report.
(C) The amount of funding provided to the federally
funded research and development center under the
contract or other agreement pursuant to which the study
or report is being produced or conducted.
(D) The completion date or anticipated completion
date of the study or report.
(c) Exceptions.--The report required by subsection (a) shall not
apply to the following:
(1) Classified reports or studies.
(2) Technical reports associated with scientific research or
technical development activities.
(3) Any report or study undertaken pursuant to a contract or
other agreement between a federally funded research and
development center and an entity outside the Department of
Defense.
(4) Reports or studies that are in draft form or that have
not undergone a peer-review or prepublication security review
process established by the federally funded research and
development center concerned.
(d) Special Rule.--Each report under subsection (a) shall be
generated using the products and processes generated pursuant to section
908 of the William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 111 note).
(e) Termination.--The requirement to submit annual reports under
subsection (a) shall terminate on the date that is three years after the
date of the enactment of this Act.
[[Page 136 STAT. 2495]]
SEC. 239. REPORT ON RECOMMENDATIONS FROM ARMY FUTURES COMMAND
RESEARCH PROGRAM REALIGNMENT STUDY.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Army shall submit to the
congressional defense committees a report on the recommendations set
forth in the publication of the National Academies of Sciences,
Engineering, and Medicine titled ``Consensus Study Report: U.S. Army
Futures Command Research Program Realignment'' and dated April 23, 2022.
(b) <<NOTE: Determinations.>> Contents.--The report submitted under
subsection (a) shall include the following:
(1) A description of each recommendation described in such
subsection that has already been implemented.
(2) A description of each recommendation described in such
subsection that the Secretary has commenced implementing,
including a justification for determining to commence
implementing the recommendation.
(3) A description of each recommendation described in such
subsection that the Secretary has not implemented or commenced
implementing and a determination as to whether or not to
implement the recommendation.
(4) For each recommendation under paragraph (3) the
Secretary determines to implement, the following:
(A) <<NOTE: Timeline.>> A timeline for
implementation.
(B) A description of any additional resources or
authorities required for implementation.
(C) <<NOTE: Plan.>> The plan for implementation.
(5) For each recommendation under paragraph (3) the
Secretary determines not to implement, a justification for the
determination not to implement.
(c) Format.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 240. <<NOTE: Arizona.>> REPORT ON POTENTIAL FOR INCREASED
UTILIZATION OF THE ELECTRONIC PROVING
GROUNDS TESTING RANGE.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, acting through the
Chair of the Electronic Warfare Executive Committee of the Department of
Defense, shall submit to the congressional defense committees a report
on the Electronic Proving Grounds testing range located at Fort
Huachuca, Arizona.
(b) Elements.--The report under subsection (a) shall address--
(1) the amount and types of testing activities conducted at
the Electronic Proving Grounds testing range;
(2) any shortfalls in the facilities and equipment of the
range;
(3) the capacity of the range to be used for additional
testing activities;
(4) the possibility of using the range for the testing
activities of other Armed Forces, Federal agencies, and private-
sector entities in the United States;
(5) the capacity of the range to be used for realistic
electronic warfare training;
(6) electronic warfare training shortfalls at domestic
military installations generally; and
(7) the feasibility and advisability of providing a
dedicated training area for electronic warfare capabilities.
[[Page 136 STAT. 2496]]
(c) Consultation.--In preparing the report under subsection (a), the
Chair of the Electronic Warfare Executive Committee shall consult with
the following:
(1) The Under Secretary of Defense for Research and
Engineering.
(2) The Chief Information Officer of the Department of
Defense.
(3) The Director of Operational Test and Evaluation of the
Department of Defense.
(4) The Commander of the United States Strategic Command.
(5) The Secretary of the Army.
(6) The Electromagnetic Spectrum Operations Cross-Functional
Team established pursuant to section 911(c) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 10 U.S.C. 111 note).
(7) The governments of Cochise County and Sierra Vista,
Arizona.
SEC. 241. STUDY ON COSTS ASSOCIATED WITH UNDERPERFORMING SOFTWARE
AND INFORMATION TECHNOLOGY.
(a) <<NOTE: Contracts.>> Study Required.--The Secretary of Defense
shall seek to enter into a contract or other agreement with an eligible
entity to conduct an independent study on the challenges associated with
the use of software and information technology in the Department of
Defense, the effects of such challenges, and potential solutions to such
challenges.
(b) Elements.--The independent study conducted under subsection (a)
shall include the following:
(1) <<NOTE: Survey.>> A survey of members of each Armed
Force under the jurisdiction of a Secretary of a military
department to identify the most important software and
information technology challenges that result in lost working
hours, including--
(A) <<NOTE: Estimate.>> an estimate of the number
of working hours lost due to each challenge and the cost
of such lost working hours;
(B) the effects of each challenge on servicemember
and employee retention; and
(C) any negative effects of each challenge on a
mission of the Armed Force or military department
concerned.
(2) <<NOTE: Summary. Determination.>> A summary of the
policy or technical challenges that limit the ability of each
Secretary of a military department to implement needed software
and information technology reforms, which shall be determined
based on interviews conducted with individuals who serve as a
chief information officer (or an equivalent position) in a
military department.
(3) Development of a framework for assessing underperforming
software and information technology, with an emphasis on
foundational information technology to standardize the
measurement and comparison of programs across the Department of
Defense and its component
organizations. <<NOTE: Assessment.>> Such a framework shall
enable the assessment of underperforming software and
information technology based on--
(A) designs, interfaces, and functionality which
prioritize user experience and efficacy;
(B) costs due to lost productivity;
(C) reliability and sustainability;
[[Page 136 STAT. 2497]]
(D) comparisons between--
(i) outdated or outmoded information
technologies, software, and applications; and
(ii) modern information technologies,
software, and applications;
(E) overhead costs for software and information
technology in the Department compared to the overhead
costs for comparable software and information technology
in the private sector;
(F) comparison of the amounts the Department planned
to expend on software and information technology
services versus the amounts actually spent for such
software and services;
(G) the mean amount of time it takes to resolve
technical problems reported by users;
(H) the average rate, expressed in time, for
remediating or patching weaknesses or flaws in
information technologies, software, and applications;
(I) workforce training time; and
(J) customer satisfaction.
(4) <<NOTE: Recommenda- tions.>> The development of
recommendations--
(A) to address the challenges identified under
paragraph (1); and
(B) to improve the processes through which the
Secretary provides software and information technology
throughout the Department, including through--
(i) business processes reengineering;
(ii) improvement of procurement or sustainment
processes;
(iii) remediation of hardware and software
technology gaps; and
(iv) the development of more detailed and
effective cost estimates.
(c) Report Required.--Not later than one year after the date of the
enactment of this Act, the eligible entity that conducts the study under
subsection (a) shall submit to the Secretary of Defense and the
congressional defense committees a report on the results of such study.
(d) Definitions.--In this section:
(1) The term ``eligible entity'' means an independent entity
not under the direction or control of the Secretary of Defense,
which may include a department or agency of the Federal
Government outside the Department of Defense.
(2) The term ``software and information technology'' does
not include embedded software and information technology used
for weapon systems.
SEC. 242. STUDY AND REPORT ON SUFFICIENCY OF OPERATIONAL TEST AND
EVALUATION RESOURCES SUPPORTING CERTAIN
MAJOR DEFENSE ACQUISITION PROGRAMS.
(a) <<NOTE: Determination.>> Study.--The Director of Operational
Test and Evaluation of the Department of Defense shall conduct a study
of at least one major defense acquisition program within each covered
Armed Force to determine the sufficiency of the operational test and
evaluation resources supporting such program.
[[Page 136 STAT. 2498]]
(b) <<NOTE: Determinations.>> Elements.--The study under subsection
(a) shall include, with respect to each major defense acquisition
program evaluated as part of the study, the following:
(1) <<NOTE: Assessment.>> Identification and assessment of
the operational test and evaluation resources supporting the
program--
(A) as of the date of the study;
(B) <<NOTE: Time period.>> during the five-year
period preceding the date of the study; and
(C) over the period covered by the most recent
future-years defense program submitted to Congress under
section 221 of title 10, United States Code.
(2) For any operational test and evaluation resources
determined to be insufficient to meet the needs of the program,
an evaluation of the amount of additional funding and any other
support that may be required to ensure the sufficiency of such
resources.
(3) The amount of Government-funded, contractor-provided
operational test and evaluation resources--
(A) provided for the program as of the date of the
study; and
(B) that are planned to be provided for the program
after such date.
(4) Such other matters as the Director of Operational Test
and Evaluation determines to be relevant to the study.
(c) Report.--Not later than one year after the date of the enactment
of this Act, the Director of Operational Test and Evaluation shall
submit to the congressional defense committees a report on the results
of the study conducted under subsection (a).
(d) Definitions.--In this section:
(1) The term ``covered Armed Force'' means the Army, the
Navy, the Marine Corps, the Air Force, and the Space Force.
(2) The term ``major defense acquisition program'' has the
meaning given that term in section 4201 of title 10, United
States Code.
(3) The term ``operational test and evaluation resources''
means the facilities, specialized test assets, schedule,
workforce, and any other resources supporting operational test
and evaluation activities under a major defense acquisition
program.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Center for Excellence in Environmental Security.
Sec. 312. Participation in pollutant banks and water quality trading.
Sec. 313. Consideration under Defense Environmental Restoration Program
for State-owned facilities of the National Guard with proven
exposure of hazardous substances and waste.
Sec. 314. Renewal of annual environmental and energy reports of
Department of Defense.
Sec. 315. Aggregation of energy conservation measures and funding.
Sec. 316. Additional special considerations for energy performance goals
and energy performance master plan.
Sec. 317. Purchase or lease of electric, zero emission, advanced-
biofuel-powered, or hydrogen-powered vehicles for the
Department of Defense.
[[Page 136 STAT. 2499]]
Sec. 318. Clarification and requirement for Department of Defense
relating to renewable biomass and biogas.
Sec. 319. Programs of military departments on reduction of fuel reliance
and promotion of energy-aware behaviors.
Sec. 320. Establishment of joint working group to determine joint
requirements for future operational energy needs of
Department of Defense.
Sec. 321. Amendment to budgeting of Department of Defense relating to
extreme weather.
Sec. 322. Prototype and demonstration projects for energy resilience at
certain military installations.
Sec. 323. Pilot program for development of electric vehicle charging
solutions to mitigate grid stress.
Sec. 324. Pilot program on use of sustainable aviation fuel.
Sec. 325. Policy to increase disposition of spent advanced batteries
through recycling.
Sec. 326. Guidance and target goal relating to formerly used defense
sites programs.
Sec. 327. Analysis and plan for addressing heat island effect on
military installations.
Sec. 328. Limitation on replacement of non-tactical vehicle fleet of
Department of Defense with electric vehicles, advanced-
biofuel-powered vehicles, or hydrogen-powered vehicles.
Subtitle C--Red Hill Bulk Fuel Storage Facility
Sec. 331. Defueling of Red Hill Bulk Fuel Storage Facility.
Sec. 332. Authorization of closure of underground storage tank system at
Red Hill Bulk Fuel Storage Facility.
Sec. 333. Report on bulk fuel requirements applicable to United States
Indo-Pacific Command.
Sec. 334. Placement of sentinel or monitoring wells in proximity to Red
Hill Bulk Fuel Storage Facility.
Sec. 335. Studies relating to water needs of the Armed Forces on Oahu.
Sec. 336. Study on alternative uses for Red Hill Bulk Fuel Storage
Facility.
Sec. 337. Briefing on Department of Defense efforts to track health
implications of fuel leaks at Red Hill Bulk Fuel Storage
Facility.
Subtitle D--Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl
Substances
Sec. 341. Department of Defense research relating to perfluoroalkyl or
polyfluoroalkyl substances.
Sec. 342. Increase of transfer authority for funding of study and
assessment on health implications of per- and polyfluoroalkyl
substances contamination in drinking water by Agency for
Toxic Substances and Disease Registry.
Sec. 343. Prizes for development of non-PFAS-containing turnout gear.
Sec. 344. Modification of limitation on disclosure of results of testing
for perfluoroalkyl or polyfluoroalkyl substances on private
property.
Sec. 345. Restriction on procurement or purchasing by Department of
Defense of turnout gear for firefighters containing
perfluoroalkyl substances or polyfluoroalkyl substances.
Sec. 346. Annual report on PFAS contamination at certain military
installations from sources other than aqueous film-forming
foam.
Sec. 347. Report on critical PFAS uses; briefings on Department of
Defense procurement of certain items containing PFOS or PFOA.
Subtitle E--Logistics and Sustainment
Sec. 351. Resources required for achieving materiel readiness metrics
and objectives for major defense acquisition programs.
Sec. 352. Annual plan for maintenance and modernization of naval
vessels.
Sec. 353. Inclusion of information regarding joint medical estimates in
readiness reports.
Sec. 354. Inapplicability of advance billing dollar limitation for
relief efforts following major disasters or emergencies.
Sec. 355. Repeal of Comptroller General review on time limitations on
duration of public-private competitions.
Sec. 356. Implementation of Comptroller General recommendations
regarding Shipyard Infrastructure Optimization Plan of the
Navy.
Sec. 357. Limitation on availability of funds for military information
support operations.
Sec. 358. Notification of modification to policy regarding retention
rates for Navy ship repair contracts.
Sec. 359. Research and analysis on capacity of private shipyards in
United States and effect of those shipyards on Naval fleet
readiness.
[[Page 136 STAT. 2500]]
Sec. 360. Independent study relating to fuel distribution logistics
across United States Indo-Pacific Command.
Sec. 361. Quarterly briefings on expenditures for establishment of fuel
distribution points in United States Indo-Pacific Command
area of responsibility.
Subtitle F--Matters Relating to Depots and Ammunition Production
Facilities
Sec. 371. Budgeting for depot and ammunition production facility
maintenance and repair: annual report.
Sec. 372. Extension of authorization of depot working capital funds for
unspecified minor military construction.
Sec. 373. Five-year plans for improvements to depot and ammunition
production facility infrastructure.
Sec. 374. Modification to minimum capital investment for certain depots.
Sec. 375. Continuation of requirement for biennial report on core depot-
level maintenance and repair.
Sec. 376. Continuation of requirement for annual report on funds
expended for performance of depot-level maintenance and
repair workloads.
Sec. 377. Clarification of calculation for certain workload carryover of
Department of the Army.
Subtitle G--Other Matters
Sec. 381. Annual reports by Deputy Secretary of Defense on activities of
Joint Safety Council.
Sec. 382. Accountability for Department of Defense contractors using
military working dogs.
Sec. 383. Membership of Coast Guard on Joint Safety Council.
Sec. 384. Inclusion in report on unfunded priorities National Guard
responsibilities in connection with natural and man-made
disasters.
Sec. 385. Support for training of National Guard personnel on wildfire
prevention and response.
Sec. 386. Interagency collaboration and extension of pilot program on
military working dogs and explosives detection.
Sec. 387. Amendment to the Sikes Act.
Sec. 388. National standards for Federal fire protection at military
installations.
Sec. 389. Pilot programs for tactical vehicle safety data collection.
Sec. 390. Requirements relating to reduction of out-of-pocket costs of
members of the Armed Forces for uniform items.
Sec. 391. Implementation of recommendations relating to animal facility
sanitation and plan for housing and care of horses.
Sec. 392. Continued designation of Secretary of the Navy as executive
agent for Naval Small Craft Instruction and Technical
Training School.
Sec. 393. Prohibition on use of funds for retirement of legacy maritime
mine countermeasures platforms.
Subtitle A--Authorization of Appropriations
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2023
for the use of the Armed Forces and other activities and agencies of the
Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, as specified in the funding table in section
4301.
Subtitle B--Energy and Environment
SEC. 311. CENTER FOR EXCELLENCE IN ENVIRONMENTAL SECURITY.
Chapter 7 of title 10, United States Code, <<NOTE: 10 USC prec.
171.>> is amended by inserting after section 182 the following new
section (and conforming the table of sections at the beginning of such
chapter accordingly):
[[Page 136 STAT. 2501]]
``Sec. 182a. <<NOTE: 10 USC 182a.>> Center for Excellence in
Environmental Security
``(a) Establishment.--The Secretary of Defense may operate a Center
for Excellence in Environmental Security (in this section referred to as
the `Center').
``(b) Missions.--(1) The Center shall be used to provide and
facilitate education, training, and research in civil-military
operations, particularly operations that require international
assistance and operations that require coordination between the
Department of Defense and other Federal agencies.
``(2) The Center shall be used to provide and facilitate education,
training, interagency coordination, and research on the following
additional matters:
``(A) Management of the consequences of environmental
insecurity with respect to--
``(i) access to water, food, and energy;
``(ii) related health matters; and
``(iii) matters relating to when, how, and why
environmental stresses to human safety, health, water,
energy, and food will cascade to economic, social,
political, or national security events.
``(B) Appropriate roles for the reserve components in
response to environmental insecurity resulting from natural
disasters.
``(C) Meeting requirements for information in connection
with regional and global disasters, including through the use of
advanced communications technology as a virtual library.
``(3) The Center shall perform such other missions as the Secretary
of Defense may specify.
``(4) To assist the Center in carrying out the missions under this
subsection, upon request of the Center, the head of any Federal agency
may grant to the Center access to the data, archives, and other physical
resources (including facilities) of that agency, and may detail any
personnel of that agency to the Center, for the purpose of enabling the
development of global environmental indicators.
``(c) Joint Operation With Educational Institution Authorized.--
<<NOTE: Contracts.>> The Secretary of Defense may enter into an
agreement with appropriate officials of an institution of higher
education to provide for the operation of the Center. Any such agreement
shall provide for the institution to furnish necessary administrative
services for the Center, including by directly providing such services
or providing the funds for such services.
``(d) Acceptance of Donations.--(1) Except as provided in paragraph
(2), the Secretary of Defense may accept, on behalf of the Center,
donations to be used to defray the costs of the Center or to enhance the
operation of the Center. Such donations may be accepted from any agency
of the Federal Government, any State or local government, any foreign
government, any foundation or other charitable organization (including
any that is organized or operates under the laws of a foreign country),
or any other private source in the United States or a foreign country.
``(2) The Secretary may not accept a donation under paragraph (1) if
the acceptance of the donation would compromise or appear to
compromise--
``(A) the ability of the Department of Defense, any employee
of the Department, or any member of the armed forces, to
[[Page 136 STAT. 2502]]
carry out any responsibility or duty of the Department or the
armed forces in a fair and objective manner; or
``(B) the integrity of any program of the Department of
Defense or of any person involved in such a program.
``(3) <<NOTE: Guidance. Criteria. Determination.>> The Secretary
shall prescribe written guidance setting forth the criteria to be used
in determining whether or not the acceptance of a foreign donation under
paragraph (1) would have a result described in paragraph (2).
``(4) Funds accepted by the Secretary under paragraph (1) as a
donation on behalf of the Center shall be credited to appropriations
available to the Department of Defense for the Center. Funds so credited
shall be merged with the appropriations to which credited and shall be
available for the Center for the same purposes and the same period as
the appropriations with which merged.''.
SEC. 312. PARTICIPATION IN POLLUTANT BANKS AND WATER QUALITY
TRADING.
(a) In General.--Chapter 159 of title 10, United States Code, is
amended by inserting after section 2694c the following new section:
``Sec. 2694d. <<NOTE: 10 USC 2694d.>> Participation in pollutant
banks and water quality trading
``(a) <<NOTE: Payments.>> Authority to Participate.--The Secretary
of a military department, and the Secretary of Defense with respect to
matters concerning a Defense Agency, when engaged in an authorized
activity that may or will result in the discharge of pollutants, may
make payments to a pollutant banking program or water quality trading
program approved in accordance with the Water Quality Trading Policy
dated January 13, 2003, set forth by the Office of Water of the
Environmental Protection Agency, or any successor administrative
guidance or regulation.
``(b) Treatment of Payments.--Payments made under subsection (a) to
a pollutant banking program or water quality trading program may be
treated as eligible project costs for military construction.
``(c) Discharge of Pollutants Defined.--In this section, the term
`discharge of pollutants' has the meaning given that term in section
502(12) of the Federal Water Pollution Control Act (33 U.S.C. 1362(12))
(commonly referred to as the `Clean Water Act').''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter <<NOTE: 10 USC prec. 2661.>> is amended by inserting after
the item relating to section 2694c following new item:
``2694d. Participation in pollutant banks and water quality trading.''.
SEC. 313. CONSIDERATION UNDER DEFENSE ENVIRONMENTAL RESTORATION
PROGRAM FOR STATE-OWNED FACILITIES OF THE
NATIONAL GUARD WITH PROVEN EXPOSURE OF
HAZARDOUS SUBSTANCES AND WASTE.
(a) Definition of State-owned National Guard Facility.--Section 2700
of title 10, United States Code, is amended by adding at the end the
following new paragraph:
``(4) The term `State-owned National Guard facility'
includes land owned and operated by a State when such land is
used for training the National Guard pursuant to chapter 5 of
title 32 with funds provided by the Secretary of Defense or the
Secretary of a military department, even though such land is not
under the jurisdiction of the Department of Defense.''.
[[Page 136 STAT. 2503]]
(b) Authority for Defense Environmental Restoration Program.--
Section 2701(a)(1) of such title is amended, in the first sentence, by
inserting ``and at State-owned National Guard facilities'' before the
period.
(c) Responsibility for Response Actions.--Section 2701(c)(1) of such
title is amended by adding at the end the following new subparagraph:
``(D) Each State-owned National Guard facility being
used for training the National Guard pursuant to chapter
5 of title 32 with funds provided by the Secretary of
Defense or the Secretary of a military department at the
time of actions leading to contamination by hazardous
substances or pollutants or contaminants.''.
SEC. 314. RENEWAL OF ANNUAL ENVIRONMENTAL AND ENERGY REPORTS OF
DEPARTMENT OF DEFENSE.
(a) Environmental Report.--Section 2711 of title 10, United States
Code, is amended by striking subsections (a) and (b) and inserting the
following new subsections:
``(a) Report Required.--Not later than March 31 of each year, the
Secretary of Defense shall submit to Congress a report on progress made
by environmental programs of the Department of Defense during the
preceding fiscal year.
``(b) <<NOTE: Assessments.>> Elements.--Each report under subsection
(a) shall include, for the year covered by the report, the following:
``(1) With respect to environmental restoration activities
of the Department of Defense, and for each of the military
departments, information on the Defense Environmental
Restoration Program under section 2701 of this title,
including--
``(A) the total number of sites at which such
program was carried out;
``(B) the progress of remediation for sites that
have not yet completed cleanup;
``(C) the remaining cost to complete cleanup of
known sites; and
``(D) an assessment by the Secretary of Defense of
the overall progress of such program.
``(2) An assessment by the Secretary of achievements for
environmental conservation and planning by the Department.
``(3) An assessment by the Secretary of achievements for
environmental compliance by the Department.
``(4) An assessment by the Secretary of achievements for
climate resiliency by the Department.
``(5) An assessment by the Secretary of the progress made by
the Department in achieving the objectives and goals of the
Environmental Technology Program of the Department.
``(c) Consolidation.--The Secretary of Defense may consolidate,
attach with, or otherwise include in any report required under
subsection (a) any annual report or other requirement that is aligned or
associated with, or would be better understood if presented as part of a
consolidated report addressing environmental restoration, compliance,
and resilience.''.
(b) Energy Report.--
(1) In general.--Section 2925 of such title is amended--
(A) by amending the section heading to read as
follows: ``Annual report on energy performance,
resilience, and readiness of Department of Defense'';
and
[[Page 136 STAT. 2504]]
(B) by striking subsections (a) and (b) and
inserting the following new subsections:
``(a) Report Required.--Not later than 240 days after the end of
each fiscal year, the Secretary of Defense shall submit to the
congressional defense committees a report detailing the fulfillment
during that fiscal year of the authorities and requirements under
sections 2688, 2911, 2912, 2920, and 2926 of this title, including
progress on energy resilience at military installations and the use of
operational energy in combat platforms and at contingency locations.
``(b) Elements.--Each report under subsection (a) shall include the
following:
``(1) For the year covered by the report, the following:
``(A) A description of the progress made to achieve
the goals of the Energy Policy Act of 2005 (Public Law
109-58), section 2911(g) of this title, and the Energy
Independence and Security Act of 2007 (Public Law 110-
140).
``(B) A description of the energy savings, return on
investment, and enhancements to installation mission
assurance realized by the fulfillment of the goals
described in subparagraph (A).
``(C) A description of and progress toward the
energy security, resilience, and performance goals and
master planning for the Department of Defense, including
associated metrics pursuant to subsections (c) and (d)
of section 2911 of this title and requirements under
section 2688(g) of this title.
``(D) <<NOTE: Evaluation.>> An evaluation of
progress made by the Department in implementing the
operational energy strategy of the Department, including
the progress of key initiatives and technology
investments related to operational energy demand and
management.
``(E) Details of the amounts of any funds
transferred by the Secretary of Defense pursuant to
section 2912 of this title, including a detailed
description of the purpose for which such amounts have
been used.
``(2) <<NOTE: Time period.>> Statistical information on
operational energy demands of the Department, in terms of
expenditures and consumption, for the preceding five fiscal
years, including information on funding made available in
regular defense appropriations Acts and any supplemental
appropriations Acts.
``(3) <<NOTE: Summary. Time periods.>> A description of each
initiative related to the operational energy strategy of the
Department and a summary of funds appropriated for each
initiative in the previous fiscal year and current fiscal year
and requested for each initiative for the next five fiscal
years.
``(4) <<NOTE: Recommenda- tions.>> Such recommendations as
the Secretary considers appropriate for additional changes in
organization or authority within the Department to enable
further implementation of the energy strategy and such other
comments and recommendations as the Secretary considers
appropriate.
``(c) Classified Form.--If a report under subsection (a) is
submitted in classified form, the Secretary of Defense shall,
concurrently with such report, submit to the congressional defense
committees an unclassified version of the report.
[[Page 136 STAT. 2505]]
``(d) Consolidation.--The Secretary of Defense may consolidate,
attach with, or otherwise include in any report required under
subsection (a) any annual report or other requirement that is aligned or
associated with, or would be better understood if presented as part of a
consolidated report addressing energy performance, resilience, and
readiness.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter III of chapter 173 of such
title <<NOTE: 10 USC prec. 2924.>> is amended by striking the
item relating to section 2925 and inserting the following new
item:
``2925. Annual report on energy performance, resilience, and readiness
of Department of Defense.''.
(c) Continuation of Reporting Requirements.--
(1) <<NOTE: 10 USC 111 note.>> In general.--Section 1080(a)
of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 129 Stat. 1000; 10 U.S.C. 111 note) does not
apply to the following reports:
(A) The report required to be submitted to Congress
under section 2711 of title 10, United States Code.
(B) The report required to be submitted to Congress
under section 2925 of title 10, United States Code.
(2) Conforming repeal.--Section 1061(c) of National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10
U.S.C. 111 note) is amended by striking paragraphs (51) and
(54).
SEC. 315. AGGREGATION OF ENERGY CONSERVATION MEASURES AND FUNDING.
Section 2911 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(j) Aggregate Energy Conservation Measures and Funding.--(1) To
the maximum extent practicable, the Secretary concerned shall take a
holistic view of the energy project opportunities on installations under
the jurisdiction of such Secretary and shall consider aggregate energy
conservation measures, including energy conservation measures with quick
payback, with energy resilience enhancement projects and other projects
that may have a longer payback period.
``(2) In considering aggregate energy conservation measures under
paragraph (1), the Secretary concerned shall incorporate all funding
available to such Secretary for such measures, including--
``(A) appropriated funds, such as--
``(i) funds appropriated for the Energy Resilience
and Conservation Investment Program of the Department;
and
``(ii) funds appropriated for the Facilities
Sustainment, Restoration, and Modernization program of
the Department; and
``(B) funding available under performance contracts, such as
energy savings performance contracts and utility energy service
contracts.''.
SEC. 316. ADDITIONAL SPECIAL CONSIDERATIONS FOR ENERGY PERFORMANCE
GOALS AND ENERGY PERFORMANCE MASTER PLAN.
Section 2911(e) of title 10, United States Code, is amended by
adding at the end the following new paragraphs:
[[Page 136 STAT. 2506]]
``(14) The reliability and security of energy resources in
the event of a military conflict.
``(15) The value of resourcing energy from partners and
allies of the United States.''.
SEC. 317. PURCHASE OR LEASE OF ELECTRIC, ZERO EMISSION, ADVANCED-
BIOFUEL-POWERED, OR HYDROGEN-POWERED
VEHICLES FOR THE DEPARTMENT OF DEFENSE.
(a) Requirement.--Section 2922g of title 10, United States Code, is
amended--
(1) in the heading, by striking ``systems'' and inserting
``systems; purchase or lease of certain electric and other
vehicles'';
(2) in subsection (a), by striking ``In leasing'' and
inserting ``During the period preceding October 1, 2035, in
leasing'';
(3) in subsection (c), by inserting ``, during the period
specified in subsection (a),'' after ``from authorizing''; and
(4) by adding at the end the following new subsections:
``(d) <<NOTE: Effective date.>> Requirement.--Except as provided in
subsection (e), beginning on October 1, 2035, each covered nontactical
vehicle purchased or leased by or for the use of the Department of
Defense shall be--
``(1) an electric or zero emission vehicle that uses a
charging connector type (or other means to transmit electricity
to the vehicle) that meets applicable industry accepted
standards for interoperability and safety;
``(2) an advanced-biofuel-powered vehicle; or
``(3) a hydrogen-powered vehicle.
``(e) Relation to Other Vehicle Technologies That Reduce Consumption
of Fossil Fuels.-- <<NOTE: Effective
date. Determination.>> Notwithstanding the requirement under subsection
(d), beginning on October 1, 2035, the Secretary of Defense may
authorize the purchase or lease of a covered nontactical vehicle that is
not described in such subsection if the Secretary determines, on a case-
by-case basis, that--
``(1) the technology used in the vehicle to be purchased or
leased reduces the consumption of fossil fuels compared to
vehicles that use conventional internal combustion technology;
``(2) the purchase or lease of such vehicle is consistent
with the energy performance goals and plan of the Department of
Defense required by section 2911 of this title; and
``(3) the purchase or lease of a vehicle described in
subsection (d) is impracticable under the circumstances.
``(f) Waiver.--(1) The Secretary of Defense may waive the
requirement under subsection (d).
``(2) The Secretary of Defense may not delegate the waiver authority
under paragraph (1).
``(g) Definitions.--In this section:
``(1) The term `advanced-biofuel-powered vehicle' includes a
vehicle that uses a fuel described in section 9001(3)(A) of the
Farm Security and Rural Investment Act of 2202 (7 U.S.C.
8101(3)(A)).
``(2) The term `covered nontactical vehicle' means any
vehicle--
``(A) that is not a tactical vehicle designed for
use in combat; and
[[Page 136 STAT. 2507]]
``(B) that is purchased or leased by the Department
of Defense pursuant to a contract entered into, renewed,
modified, or amended on or after October 1, 2035.
``(3) The term `hydrogen-powered vehicle' means a vehicle
that uses hydrogen as the main source of motive power, either
through a fuel cell or internal combustion.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter II of chapter 173 of such title <<NOTE: 10 USC prec. 2922.>>
is amended by striking the item relating to section 2922g and inserting
the following new item:
``2922g. Preference for motor vehicles using electric or hybrid
propulsion systems; purchase or lease of certain electric and
other vehicles.''.
SEC. 318. CLARIFICATION AND REQUIREMENT FOR DEPARTMENT OF DEFENSE
RELATING TO RENEWABLE BIOMASS AND BIOGAS.
Section 2924 of title 10, United States Code, is amended--
(1) in paragraph (6)--
(A) by redesignating subparagraphs (D) through (I)
as subparagraphs (E) through (J), respectively; and
(B) by inserting after subparagraph (C) the
following new subparagraph (D):
``(D) Biogas.''; and
(2) <<NOTE: Definitions.>> by adding at the end the
following new paragraphs:
``(7) The term `biomass' has the meaning given the term
`renewable biomass' in section 211(o)(1) of the Clean Air Act
(42 U.S.C. 7545(o)(1)).
``(8) The term `biogas' means biogas as such term is used in
section 211(o)(1)(B)(ii)(V) of the Clean Air Act (42 U.S.C.
7545(o)(1)(B)(ii)(V)).''.
SEC. 319. PROGRAMS OF MILITARY DEPARTMENTS ON REDUCTION OF FUEL
RELIANCE AND PROMOTION OF ENERGY-AWARE
BEHAVIORS.
(a) Establishment.--Subchapter III of chapter 173 of title 10,
United States Code, <<NOTE: 10 USC prec. 2924.>> is amended by adding
at the end the following new section (and conforming the table of
sections at the beginning of such subchapter accordingly):
``Sec. 2928. <<NOTE: 10 USC 2928.>> Programs on reduction of fuel
reliance and promotion of energy-aware behaviors
``(a) Establishment.--Each Secretary of a military department shall
establish a program for the promotion of energy-aware behaviors and the
reduction of unnecessary fuel consumption within that military
department.
``(b) Goals.--The goals of the programs established under subsection
(a) shall be as follows:
``(1) To increase operational energy resiliency.
``(2) To decrease energy-related strategic vulnerabilities
and enhance military readiness.
``(3) To integrate sustainability features for new and
existing military installations and other facilities of the
Department.
``(c) Minimum Required Elements.--Under the program of a military
department under subsection (a), the Secretary of the military
department shall carry out, with respect to the military department, and
at a minimum, the following:
[[Page 136 STAT. 2508]]
``(1) The development and implementation of a strategy for
the collection and analysis of data on fuel consumption, to
identify operational inefficiencies and enable data-driven
decision making with respect to fuel logistics and the reduction
of fuel consumption.
``(2) The fostering of an energy-aware culture across the
military department to reduce fuel consumption, including
through--
``(A) the incorporation of energy conservation and
resiliency principles into training curricula and other
training materials of the military department, including
by updating such materials to include information on the
effect of energy-aware behaviors on improving readiness
and combat capability; and
``(B) the review of standard operating procedures,
and other operational manuals and procedures, of the
military department, to identify procedures that
increase fuel consumption with no operational benefit.
``(3) The integration of operational energy factors into the
wargaming of the military department and related training
activities that involve the modeling of scenarios, in accordance
with subsection (d), to provide to participants in such
activities realistic data on the risks and challenges relating
to operational energy and fuel logistics.
``(4) The implementation of data-driven procedures,
operations planning, and logistics, to optimize cargo transport
and refueling operations within the military department.
``(d) Wargaming Elements.--In integrating operational energy factors
into the wargaming and related training activities of a military
department under subsection (c)(3), the Secretary of the military
department shall seek to ensure that the planning, design, and execution
of such activities include--
``(1) coordination with the elements of the military
department responsible for fuel and logistics matters, to ensure
the modeling of energy demand and network risk during such
activities are accurate, taking into account potential
shortfalls and the direct and indirect effects of the efforts of
foreign adversaries to target fuel supply chains; and
``(2) a focus on improving integrated life-cycle management
processes and fuel supply logistics.''.
(b) <<NOTE: 10 USC 2928 note.>> Deadline for Establishment.--The
programs required under section 2928 of title 10, United States Code, as
added by subsection (a), shall be established by not later than 180 days
after the date of the enactment of this Act.
(c) <<NOTE: Deadline.>> Briefing.--Not later than 180 days after
the date of enactment of this Act, each Secretary of a military
department shall provide to the congressional defense committees a
briefing on the establishment of the program of the military department
required under such section 2928.
SEC. 320. ESTABLISHMENT OF JOINT WORKING GROUP TO DETERMINE JOINT
REQUIREMENTS FOR FUTURE OPERATIONAL ENERGY
NEEDS OF DEPARTMENT OF DEFENSE.
Section 352 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1653) is amended by adding at
the end the following new subsection:
[[Page 136 STAT. 2509]]
``(e) Establishment of Joint Working Group to Determine Joint
Requirements for Future Operational Energy Needs of Department of
Defense.--
``(1) Establishment.--The Secretary of Defense shall
establish a joint working group (in this subsection referred to
as the `working group') to determine joint requirements for
future operational energy needs of the Department of Defense.
``(2) Executive agent.--The Secretary of the Air Force shall
serve as the executive agent of the working group.
``(3) Requirements specified.--
``(A) In general.--In determining joint requirements
under paragraph (1), the working group shall address the
operational energy needs of each military department and
combatant command to meet energy needs in all domains of
warfare, including land, air, sea, space, cyberspace,
subsea, and subterranean environments.
``(B) Priority for certain systems.--Priority for
joint requirements under paragraph (1) shall be given to
independent operational energy systems that--
``(i) are capable of operating in austere and
isolated environments with quick deployment
capabilities; and
``(ii) may reduce conventional air pollution
and greenhouse gas emissions comparable to systems
already in use.
``(4) Existing or new programs.--The working group shall
address the feasibility of meeting joint requirements determined
under paragraph (1) through the existing energy programs of the
Department and make recommendations for new programs to meet
such requirements.
``(5) Focus areas.--In carrying out the requirements under
this subsection, the working group shall focus the efforts of
the working group on operational energy, including--
``(A) micro-reactors and small modular reactors;
``(B) hydrogen-based fuel systems, including
hydrogen fuel cells and hydrogen-based combustion
engines;
``(C) battery storage;
``(D) renewable energy sources;
``(E) retrofits to existing platforms that shall
increase efficiencies; and
``(F) other technologies and resources that meet
joint requirements determined under paragraph (1).
``(6) Recommended plan of action.--
``(A) <<NOTE: Reports. Classified
information. Briefing.>> In general.--Not later than
180 days after the date of the enactment of this
subsection, the Secretary shall submit to the
congressional defense committees a report, and provide
to the congressional defense committees a classified
briefing, outlining recommendations for programs to meet
joint requirements for future operational energy needs
of the Department of Defense by 2025, 2030, and 2040.
``(B) Focus on readiness and flexibility.--In
submitting the report and providing the briefing under
subparagraph (A), the Secretary shall--
``(i) address each element of the report or
briefing, as the case may be, in the context of
maintaining or increasing the readiness levels of
the Armed Forces
[[Page 136 STAT. 2510]]
and the flexibility of operational elements within
the Department; and
``(ii) disregard energy sources that do not
increase such readiness and flexibility, with an
explanation for the reason such sources were
disregarded.
``(C) Form.--The report under subparagraph (A) shall
be submitted in unclassified form, but may include a
classified annex.
``(7) Definitions.--In this subsection:
``(A) The term `advanced nuclear reactor' has the
meaning given that term in section 951(b) of the Energy
Policy Act of 2005 (42 U.S.C. 16271(b)).
``(B) The term `micro-reactor' means an advanced
nuclear reactor that has an electric power production
capacity that is not greater than 50 megawatts that can
be transported via land, air, or sea transport and can
be redeployed.
``(C) The term `small modular reactor' means an
advanced nuclear reactor--
``(i) with a rated capacity of less than 300
electrical megawatts; or
``(ii) that can be constructed and operated in
combination with similar reactors at a single
site.''.
SEC. 321. AMENDMENT TO BUDGETING OF DEPARTMENT OF DEFENSE RELATING
TO EXTREME WEATHER.
Section 328(a) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 10 U.S.C. 221 note) is amended--
(1) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3) a calculation of the annual costs to the Department
for--
``(A) assistance that is--
``(i) provided to the Federal Emergency
Management Agency or any Federal land management
agency (as such term is defined in section 802 of
the Federal Lands Recreation Enhancement Act (16
U.S.C. 6801)) pursuant to a request for such
assistance and in consultation with the National
Interagency Fire Center; or
``(ii) provided under title 10 or title 32,
United States Code, to any State, territory, or
possession of the United States, regarding extreme
weather; and
``(B) resourcing required to support--
``(i) wildfire response, recovery, or
restoration efforts occurring within military
installations or other facilities of the
Department; or
``(ii) any Federal agency other than the
Department (including the Federal Emergency
Management Agency and the National Interagency
Fire Center) with respect to wildfire response,
recovery, or restoration efforts, where such
resourcing is not reimbursed.''.
[[Page 136 STAT. 2511]]
SEC. 322. <<NOTE: 10 USC 2911 note.>> PROTOTYPE AND DEMONSTRATION
PROJECTS FOR ENERGY RESILIENCE AT CERTAIN
MILITARY INSTALLATIONS.
(a) In General.--Subject to the availability of appropriations for
such purpose, each Secretary of a military department shall ensure that
covered prototype and demonstration projects are conducted at each
military installation under the jurisdiction of that Secretary that is
designated by the Secretary of Defense as an ``Energy Resilience
Testbed'' pursuant to subsection (b).
(b) Selection of Military Installations.--
(1) <<NOTE: List.>> Nomination.--Each Secretary of a
military department shall nominate military installations under
the jurisdiction of that Secretary for selection under paragraph
(2), and submit to the Secretary of Defense a list of such
nominations.
(2) <<NOTE: Deadline.>> Selection.--Not later than one year
after the date of the enactment of this Act, the Secretary of
Defense shall select, from among the lists of nominated military
installations provided by the Secretaries of the military
departments under paragraph (1), at least one such nominated
military installation per military department for designation
pursuant to paragraph (4).
(3) Considerations.--In selecting military installations
under paragraph (2), the Secretary of Defense shall, to the
extent practicable, take into consideration the following:
(A) The mission of the installation.
(B) The geographic terrain of the installation and
of the community surrounding the installation.
(C) The energy resources available to support the
installation.
(D) An assessment of any extreme weather risks or
vulnerabilities at the installation and the community
surrounding the installation.
(4) Designation as energy resilience testbed.--Each military
installation selected under paragraph (2) shall be known as an
``Energy Resilience Testbed''.
(c) Covered Technologies.--Covered prototype and demonstration
projects conducted at military installations designated pursuant to
subsection (b) shall include the prototype and demonstration of
technologies in the following areas:
(1) Energy storage technologies, including long-duration
energy storage systems.
(2) Technologies to improve building energy efficiency in a
cyber-secure manner, such as advanced lighting controls, high-
performance cooling systems, and technologies for waste heat
recovery.
(3) Technologies to improve building energy management and
control in a cyber-secure manner.
(4) Tools and processes for design, assessment, and decision
making on the installation with respect to all hazards
resilience and hazard analysis, energy use, management, and the
construction of resilient buildings and infrastructure.
(5) Carbon sequestration technologies.
(6) Technologies relating to on-site resilient energy
generation, including the following:
(A) Advanced geothermal technologies.
(B) Advanced nuclear technologies, including small
modular reactors.
[[Page 136 STAT. 2512]]
(7) Port electrification and surrounding defense community
infrastructure.
(8) Tidal and wave power technologies.
(9) Distributed ledger technologies.
(d) <<NOTE: Deadlines.>> Briefing.--Not later than one year after
the date of the enactment of this Act, the Secretary of Defense, in
consultation with the Secretaries of the military departments, shall
provide to the appropriate congressional committees a briefing on the
conduct of covered prototype and demonstration projects at each military
installation designated pursuant to subsection (b). Such briefing shall
include the following:
(1) An identification of each military installation so
designated.
(2) A justification as to why each military installation so
designated was selected for such designation.
(3) <<NOTE: Strategy.>> A strategy for commencing the
conduct of such projects at each military installation so
designated by not later than one year after the date of the
enactment of this Act.
(e) Deadline for Commencement of Projects.--Beginning not later than
one year after the date of the enactment of this Act, covered prototype
and demonstration projects shall be conducted at, and such conduct shall
be incorporated into the mission of, each military installation
designated pursuant to subsection (b).
(f) Responsibility for Administration and Oversight.--
Notwithstanding the responsibility of the Secretary of Defense to select
each military installation for designation pursuant to subsection
(b)(2), the administration and oversight of the conduct of covered
prototype and demonstration projects at a military installation so
designated, as required under subsection (a), shall be the
responsibility of the Secretary of the military department with
jurisdiction over that military installation.
(g) Consortiums.--
(1) In general.--Each Secretary of a military department may
enter into a partnership with, or seek to establish, a
consortium of industry, academia, and other entities described
in paragraph (2) to conduct covered prototype and demonstration
projects at a military installation that is under the
jurisdiction of that Secretary and designated by the Secretary
of Defense pursuant to subsection (b).
(2) Consortium entities.--The entities described in this
paragraph are as follows:
(A) National laboratories.
(B) Industry entities the primary work of which
relates to technologies and business models relating to
energy resilience and all hazards resilience.
(h) Authorities.--
(1) In general.--Covered prototype and demonstration
projects required under this section may be conducted as part of
the program for operational energy prototyping established under
section 324(c) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283; 134 Stat. 3523; 10 U.S.C. 2911 note) (including by using
funds available under the Operational Energy Prototyping Fund
established pursuant to such section), using the other
transactions authority under section 4021 or 4022 of title 10,
United States Code, or using any other available
[[Page 136 STAT. 2513]]
authority or funding source the Secretary of Defense determines
appropriate.
(2) Follow-on production contracts or transactions.--Each
Secretary of a military department shall ensure that, to the
extent practicable, any transaction entered into under the other
transactions authority under section 4022 of title 10, United
States Code, for the conduct of a covered prototype and
demonstration project under this section shall provide for the
award of a follow-on production contract or transaction pursuant
to subsection (f) of such section 4022.
(i) <<NOTE: Memorandums.>> Interagency Collaboration.--In carrying
out this section, to the extent practicable, the Secretary of Defense
shall collaborate with the Secretary of Energy and the heads of such
other Federal departments and agencies as the Secretary of Defense may
determine appropriate, including by entering into relevant memoranda of
understanding.
(j) Rule of Construction.--Nothing in this section shall be
construed as precluding any Secretary of a military department from
carrying out any activity, including conducting a project or making an
investment, relating to the improvement of energy resilience or all
hazards resilience under an authority other than this section.
(k) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the
Committee on Energy and Commerce of the House of
Representatives; and
(B) the Committee on Armed Services and the
Committee on Energy and Natural Resources of the Senate.
(2) The term ``community infrastructure'' has the meaning
given that term in section 2391(e) of title 10, United States
Code.
(3) The term ``covered prototype and demonstration project''
means a project to prototype and demonstrate advanced
technologies to enhance energy resilience, including with
respect to energy supply disruptions, and all hazards resilience
at a military installation.
(4) The term ``military installation'' has the meaning given
that term in section 2867 of title 10, United States Code.
SEC. 323. <<NOTE: 10 USC 2911 note.>> PILOT PROGRAM FOR
DEVELOPMENT OF ELECTRIC VEHICLE CHARGING
SOLUTIONS TO MITIGATE GRID STRESS.
(a) In General.--The Secretary of Defense, in coordination with the
Secretaries of the military departments, and in consultation with the
Secretary of Energy, shall carry out a pilot program to develop and test
covered infrastructure to mitigate grid stress caused by electric
vehicles through the implementation and maintenance on certain military
installations of charging stations, microgrids, and other covered
infrastructure sufficient to cover the energy demand at such
installations.
(b) Selection of Military Installations.--
(1) <<NOTE: Deadline.>> Selection.--Not later than 180 days
after the date of the enactment of this Act, each Secretary of a
military department shall--
(A) select at least one military installation of
each Armed Force under the jurisdiction of that
Secretary at
[[Page 136 STAT. 2514]]
which to carry out the pilot program under subsection
(a); and
(B) <<NOTE: Notification.>> submit to the
Committees on Armed Services of the House of
Representatives and the Senate a notification containing
an identification of each such selected installation.
(2) Considerations.--In choosing a military installation for
selection pursuant to paragraph (1), each Secretary of a
military department shall take into account the following:
(A) A calculation of existing loads at the
installation and the existing capacity of the
installation for the charging of electric vehicles,
including (as applicable) light duty trucks.
(B) Any required upgrades to covered infrastructure
on the installation, including electrical wiring,
anticipated by the Secretary.
(C) The ownership, financing, operation, and
maintenance models of existing and planned covered
infrastructure on the installation.
(D) <<NOTE: Assessment.>> An assessment of local
grid needs, and any required updates relating to such
needs anticipated by the Secretary.
(c) Report.--
(1) In general.--Not later than one year after the date on
which a Secretary of a military department submits a
notification identifying a selected military installation under
subsection (b), that Secretary shall submit to the Committee on
Armed Services and the Committee on Energy and Commerce of the
House of Representatives and the Committee on Armed Services of
the Senate a report on--
(A) the covered infrastructure to be implemented
under the pilot program at the installation;
(B) the methodology by which each type of covered
infrastructure so implemented shall be assessed for
efficacy and efficiency at providing sufficient energy
to cover the anticipated energy demand of the electric
vehicle fleet at the installation and mitigating grid
stress; and
(C) the maintenance on the military installation of
charging stations and other covered infrastructure,
including a microgrid, that will be sufficient to--
(i) cover the anticipated electricity demand
of such fleet; and
(ii) improve installation energy resilience.
(2) <<NOTE: Determinations.>> Elements.--Each report under
paragraph (1) shall include, with respect to the selected
military installation for which the report is submitted, the
following:
(A) A determination of the type and number of
charging stations to implement on the installation,
taking into account the interoperability of chargers and
the potential future needs or applications for chargers,
such as vehicle-to-grid or vehicle-to-building
applications.
(B) A determination of the optimal ownership model
to provide charging stations on the installation, taking
into account the following:
(i) Use of Government-owned (purchased,
installed, and maintained) charging stations.
(ii) Use of third-party financed, installed,
operated, and maintained charging stations.
[[Page 136 STAT. 2515]]
(iii) Use of financing models in which energy
and charging infrastructure operations and
maintenance are treated as a service.
(iv) Cyber and physical security
considerations and best practices associated with
different ownership, network, and control models.
(C) A determination of the optimal power source to
provide charging stations at the installation, taking
into account the following:
(i) Transformer and substation requirements.
(ii) Microgrids and distributed energy to
support both charging requirements and energy
storage.
(3) <<NOTE: Contracts.>> Source of services.--Each
Secretary of a military department may use expertise within the
military department or enter into a contract with a non-
Department of Defense entity to make the determinations
specified in paragraph (2).
(d) Final Report.--Not later than January 1, 2025, the Secretary of
Defense shall submit to the congressional committees specified in
subsection (c)(1) a final report on the pilot program under subsection
(a). Such report shall include the observations and findings of the
Department relating to the charging stations and other covered
infrastructure implemented and maintained under such pilot program,
including with respect to the elements specified in subsection (c)(2).
(e) Definitions.--In this section:
(1) The terms ``Armed Forces'' and ``military departments''
have the meanings given those terms in section 101 of title 10,
United States Code.
(2) The term ``charging station'' means a collection of one
or more electric vehicle supply equipment units serving the
purpose of charging an electric vehicle battery.
(3) The term ``covered infrastructure''--
(A) means infrastructure that the Secretary of
Defense determines may be used to--
(i) charge electric vehicles, including by
transmitting electricity to such vehicles
directly; or
(ii) support the charging of electric
vehicles, including by supporting the resilience
of grids or other systems for delivering energy to
such vehicles (such as through the mitigation of
grid stress); and
(B) includes--
(i) charging stations;
(ii) batteries;
(iii) battery-swapping systems;
(iv) microgrids;
(v) off-grid charging systems; and
(vi) other apparatuses installed for the
specific purpose of delivering energy to an
electric vehicle or to a battery intended to be
used in an electric vehicle, including wireless
charging technologies.
(4) The term ``electric vehicle'' includes--
(A) a plug-in hybrid electric vehicle that uses a
combination of electric and gas powered engine that can
use either gasoline or electricity as a fuel source; and
(B) a plug-in electric vehicle that runs solely on
electricity and does not contain an internal combustion
engine or gas tank.
[[Page 136 STAT. 2516]]
(5) The term ``electric vehicle supply equipment unit''
means the port that supplies electricity to one vehicle at a
time.
(6) The term ``microgrid'' means a group of interconnected
loads and distributed energy resources within clearly defined
electrical boundaries that acts as a single controllable entity
with respect to the grid.
(7) The term ``military installation'' has the meaning given
that term in section 2801 of title 10, United States Code.
(8) The term ``wireless charging'' means the charging of a
battery by inductive charging or by any means in which a battery
is charged without a wire, or plug-in wire, connecting the power
source and battery.
SEC. 324. <<NOTE: 10 USC note prec. 2922.>> PILOT PROGRAM ON USE
OF SUSTAINABLE AVIATION FUEL.
(a) Pilot Program Required.--
(1) In general.--Subject to the availability of
appropriations for such purpose, the Secretary of Defense shall
conduct a pilot program on the use of sustainable aviation fuel
by the Department of Defense (in this section referred to as the
``pilot program'').
(2) Design of program.--The pilot program shall be designed
to--
(A) identify any logistical challenges with respect
to the use of sustainable aviation fuel by the
Department;
(B) promote understanding of the technical and
performance characteristics of sustainable aviation fuel
when used in a military setting; and
(C) engage nearby commercial airports to explore
opportunities and challenges to partner on the increased
use of sustainable aviation fuel.
(b) Selection of Facilities.--
(1) Selection.--
(A) <<NOTE: Deadline.>> In general.--Not later than
one year after the date of the enactment of this Act,
the Secretary of Defense shall select not fewer than two
geographically diverse facilities of the Department at
which to carry out the pilot program.
(B) Onsite refinery.--Not fewer than one facility
selected under subparagraph (A) shall be a facility with
an onsite refinery that is located in proximity to not
fewer than one major commercial airport that is also
actively seeking to increase the use of sustainable
aviation fuel.
(2) Notice to congress.--Upon the selection of each facility
under paragraph (1), the Secretary shall submit to the
appropriate congressional committees notice of the selection,
including an identification of the facility selected.
(c) Use of Sustainable Aviation Fuel.--
(1) <<NOTE: Deadlines.>> Plans.--For each facility selected
under subsection (b), not later than one year after the
selection of the facility, the Secretary shall--
(A) develop a plan on how to implement, by September
30, 2028, a target of exclusively using at the facility
aviation fuel that is blended to contain not less than
10 percent sustainable aviation fuel;
(B) submit the plan developed under subparagraph (A)
to the appropriate congressional committees; and
[[Page 136 STAT. 2517]]
(C) <<NOTE: Briefing.>> provide to the appropriate
congressional committees a briefing on such plan that
includes, at a minimum--
(i) a description of any operational,
infrastructure, or logistical requirements, and
recommendations, for the blending and use of
sustainable aviation fuel; and
(ii) a description of any stakeholder
engagement in the development of the plan,
including any consultations with nearby commercial
airport owners or operators.
(2) <<NOTE: Time period. Requirements.>> Implementation of
plans.--For each facility selected under subsection (b), during
the period beginning on a date that is not later than September
30, 2028, and for five years thereafter, the Secretary shall
require, in accordance with the respective plan developed under
paragraph (1), the exclusive use at the facility of aviation
fuel that is blended to contain not less than 10 percent
sustainable aviation fuel.
(d) Criteria for Sustainable Aviation Fuel.--Sustainable aviation
fuel used under the pilot program shall meet the following criteria:
(1) Such fuel shall be produced in the United States from
domestic feedstock sources.
(2) Such fuel shall constitute drop-in fuel that meets all
specifications and performance requirements of the Department of
Defense and the Armed Forces.
(e) Waiver.--The Secretary may waive the use of sustainable aviation
fuel at a facility under the pilot program if the Secretary--
(1) <<NOTE: Determination.>> determines such use is not
feasible due to a lack of domestic availability of sustainable
aviation fuel or a national security contingency; and
(2) <<NOTE: Notice.>> submits to the congressional defense
committees notice of such waiver and the reasons for such
waiver.
(f) Final Report.--
(1) In general.--At the conclusion of the pilot program, the
Assistant Secretary of Defense for Energy, Installations, and
Environment shall submit to the appropriate congressional
committees a final report on the pilot program.
(2) <<NOTE: Recommenda- tions.>> Elements.--The report
under paragraph (1) shall include each of the following:
(A) <<NOTE: Assessment.>> An assessment of the
effect of using sustainable aviation fuel on the overall
fuel costs of blended fuel.
(B) A description of any operational,
infrastructure, or logistical requirements, and
recommendations, for the blending and use of sustainable
aviation fuel, with a focus on scaling up adoption of
such fuel throughout the Armed Forces.
(C) Recommendations with respect to how military
installations can leverage proximity to commercial
airports and other jet fuel consumers to increase the
rate of use of sustainable aviation fuel, for both
military and non-military use, including potential
collaboration on innovative financing or purchasing and
shared supply chain infrastructure.
(D) A description of the effects on performance and
operation of aircraft using sustainable aviation fuel,
including--
(i) if used, considerations of various
blending ratios and the associated benefits
thereof;
[[Page 136 STAT. 2518]]
(ii) efficiency and distance improvements of
flights using sustainable aviation fuel;
(iii) weight savings on large transportation
aircraft and other types of aircraft by using
blended fuel with higher concentrations of
sustainable aviation fuel;
(iv) maintenance benefits of using sustainable
aviation fuel, including with respect to engine
longevity;
(v) the effect of the use of sustainable
aviation fuel on emissions and air quality;
(vi) the effect of the use of sustainable
aviation fuel on the environment and on
surrounding communities, including environmental
justice factors that are created by the demand for
and use of sustainable aviation fuel by the
Department of Defense; and
(vii) benefits with respect to job creation in
the sustainable aviation fuel production and
supply chain.
(g) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means
the following:
(A) The Committee on Armed Services and the
Committee on Transportation and Infrastructure of the
House of Representatives.
(B) The Committee on Armed Services and the
Committee on Commerce, Science, and Transportation of
the Senate.
(2) The term ``sustainable aviation fuel'' has the meaning
given such term in section 40007(e) of the Act titled `An Act to
provide for reconciliation pursuant to title II of S. Con. Res.
14' (Public Law 117-169).
SEC. 325. <<NOTE: 10 USC 2577 note.>> POLICY TO INCREASE
DISPOSITION OF SPENT ADVANCED BATTERIES
THROUGH RECYCLING.
(a) <<NOTE: Deadline. Update.>> Policy Required.--Not later than
one year after the date of the enactment of this Act, the Assistant
Secretary of Defense for Energy, Installations, and Environment, in
coordination with the Director of the Defense Logistics Agency, shall
establish a policy to increase the disposition of spent advanced
batteries of the Department of Defense through recycling (including by
updating the Department of Defense Manual 4160.21, titled ``Defense
Material Disposition: Disposal Guidance and Procedures'', or such
successor document, accordingly), for the purpose of supporting the
reclamation and return of precious metals, rare earth metals, and
elements of strategic importance (such as cobalt and lithium) into the
supply chain or strategic reserves of the United States.
(b) Considerations.--In developing the policy under subsection (a),
the Assistant Secretary shall consider, at a minimum, the following
recycling methods:
(1) Pyroprocessing.
(2) Hydroprocessing.
(3) Direct cathode recycling, relithiation, and upcycling.
SEC. 326. <<NOTE: 10 USC 2701 note.>> GUIDANCE AND TARGET GOAL
RELATING TO FORMERLY USED DEFENSE SITES
PROGRAMS.
(a) Guidance Relating to Site Prioritization.--The Assistant
Secretary of Defense for Energy, Installations, and Environment shall
issue guidance setting forth how, in prioritizing sites for activities
funded under the ``Environmental Restoration Account,
[[Page 136 STAT. 2519]]
Formerly Used Defense Sites'' account established under section
2703(a)(5) of title 10, United States Code, the Assistant Secretary
shall weigh the relative risk or other factors between Installation
Restoration Program sites and Military Munitions Response Program sites.
(b) Target Goal for Military Munitions Response Program.--The
Assistant Secretary of Defense for Energy, Installations, and
Environment shall establish a target goal for the completion of the
cleanup of all Military Munitions Response Program sites.
SEC. 327. <<NOTE: 10 USC 2911 note.>> ANALYSIS AND PLAN FOR
ADDRESSING HEAT ISLAND EFFECT ON MILITARY
INSTALLATIONS.
(a) Installation Analysis.--Each Secretary of a military department
shall conduct an analysis of the military installations under the
jurisdiction of that Secretary to assess the extent to which heat
islands affect readiness, infrastructure service life, and utilities
costs. Each such analysis shall contain each of the following:
(1) <<NOTE: Cost estimate.>> An analysis of how heat
islands exacerbate summer heat conditions and necessitate the
increased use of air conditioning on the installations,
including an estimate of the cost of such increased usage with
respect to both utilities costs and shortened service life of
air conditioning units.
(2) An assessment of any readiness effects related to heat
islands, including the loss of training hours due to black flag
conditions, and the corresponding cost of such effects.
(b) Plan.--Based on the results of the analyses conducted under
subsection (a), the Secretaries of the military departments shall
jointly--
(1) develop a plan for mitigating the effects of heat
islands at the most severely affected installations, including
by increasing tree coverage, installing cool roofs or green
roofs, and painting asphalt; and
(2) promulgate best practices enterprise-wide for cost
avoidance and reduction of the effects of heat islands.
(c) <<NOTE: Deadline.>> Briefing.--Not later than September 30,
2024, the Secretaries of the military departments shall jointly provide
to the congressional defense committees a briefing on--
(1) the findings of each analysis conducted under subsection
(a);
(2) the plan developed under subsection (b); and
(3) such other matters as the Secretaries determine
appropriate.
(d) Heat Island Defined.--The term ``heat island'' means an area
with a high concentration of structures (such as building, roads, and
other infrastructure) that absorb and re-emit the sun's heat more than
natural landscapes such as forests or bodies of water.
SEC. 328. LIMITATION ON REPLACEMENT OF NON-TACTICAL VEHICLE FLEET
OF DEPARTMENT OF DEFENSE WITH ELECTRIC
VEHICLES, ADVANCED-BIOFUEL-POWERED
VEHICLES, OR HYDROGEN-POWERED VEHICLES.
(a) <<NOTE: Contracts.>> In General.--Until the date on which the
Secretary of Defense submits to the Committees on Armed Services of the
House of Representatives and the Senate the report described in
subsection (b), the Secretary may not enter into an indefinite delivery-
indefinite quantity delivery order contract to procure and replace the
existing
[[Page 136 STAT. 2520]]
non-tactical vehicle fleet of the Department of Defense with electric
vehicles, advanced-biofuel-powered vehicles, or hydrogen-powered
vehicles.
(b) <<NOTE: Reports. Assessments.>> Elements.--The report described
in this subsection shall include the following:
(1) <<NOTE: Cost estimates.>> A cost estimate for the
procurement by the Secretary of Defense, or through contract
mechanisms used by the Department (such as energy savings
performance contracts), of electric non-tactical vehicles to
replace the existing non-tactical vehicle fleet of the
Department, which shall include--
(A) an estimated cost per unit and number of units
to be procured of each type of electric non-tactical
vehicle (such as trucks, buses, and vans);
(B) the cost associated with building the required
infrastructure to support electric non-tactical
vehicles, including charging stations and electric grid
requirements;
(C) a lifecycle cost comparison between electric
vehicles and combustion engine vehicles of each type
(such as an electric truck versus a conventional truck);
(D) maintenance requirements of electric vehicles
compared to combustion engine vehicles; and
(E) <<NOTE: Time periods.>> for each military
department, a cost comparison over periods of three,
five, and 10 years of pursuing an electric non-tactical
vehicle fleet versus continuing with combustion engine
non-tactical vehicles.
(2) An assessment of the current and projected supply chain
shortfalls, including critical minerals, for electric vehicles
and combustion engine vehicles.
(3) An assessment of the security risks associated with data
collection conducted with respect to electric vehicles,
combustion engine vehicles, and the related computer systems for
each.
(4) An assessment of the current range requirements for
electric vehicles compared to combustion engine vehicles and the
average life of vehicles of the Department necessary to maintain
current readiness requirements of the Department.
(5) <<NOTE: China.>> An identification of components for
electric non-tactical vehicles, advanced-biofuel-powered
vehicles, hydrogen-powered vehicles, and combustion engine
vehicles that are currently being sourced from the People's
Republic of China.
(6) An assessment of the mid- and long-term costs and
benefits to the Department of falling behind industry trends
related to the adoption of alternative fuel vehicles including
electric vehicles, hydrogen-powered vehicles, and advanced-
biofuel-powered vehicles.
(7) An assessment of the long-term availability to the
Department of internal combustion engines and spare parts for
such engines, including whether or not such engines and spare
parts will be manufactured in the United States or repairable
with parts made in the United States and labor in the United
States.
(8) An assessment of the relative risks associated with
parking and storing electric vehicles, hydrogen-powered
vehicles, advanced-biofuel-powered vehicles, and combustion
engine vehicles inside parking structures, including fire risk
and water damage.
[[Page 136 STAT. 2521]]
(c) <<NOTE: 10 USC 2922g note.>> Additional Prohibition.--None of
the funds authorized to be appropriated by this Act or otherwise made
available for the Department of Defense may be obligated or expended to
procure non-tactical vehicles that are electric vehicles, advanced-
biofuel-powered vehicles, or hydrogen-powered vehicles, or any
components or spare parts associated with such vehicles, that are not in
compliance with subpart 22.15 of the Federal Acquisition Regulation (or
any successor regulations).
(d) Definitions.--In this section:
(1) The term ``advanced-biofuel-powered vehicle'' includes a
vehicle that uses a fuel described in section 9001(3)(A) of the
Farm Security and Rural Investment Act of 2202 (7 U.S.C.
8101(3)(A)).
(2) The term ``charging station'' means a parking space with
electric vehicle supply equipment that supplies electric energy
for the recharging of electric vehicles with at least a level
two charger.
(3) The term ``electric grid requirements'' means the power
grid and infrastructure requirements needed to support plug-in
electric vehicles and vehicle-to-grid requirements.
(4) The term ``electric non-tactical vehicle'' means a non-
tactical vehicle that is an electric vehicle.
(5) The terms ``electric vehicle'' includes--
(A) a plug-in hybrid electric vehicle that uses a
combination of electric and gas powered engine that can
use either gasoline or electricity as a fuel source; and
(B) a plug-in electric vehicle that runs solely on
electricity and does not contain an internal combustion
engine or gas tank.
(6) The term ``hydrogen-powered vehicle'' means a vehicle
that uses hydrogen as the main source of motive power, either
through a fuel cell or internal combustion.
(7) The term ``non-tactical vehicle'' means a vehicle other
than a tactical vehicle.
(8) The term ``tactical vehicle'' means a motor vehicle
designed to military specification, or a commercial design motor
vehicle modified to military specification, to provide direct
transportation support of combat or tactical operations, or for
the training of personnel for such operations.
Subtitle C-- <<NOTE: Hawaii.>> Red Hill Bulk Fuel Storage Facility
SEC. 331. DEFUELING OF RED HILL BULK FUEL STORAGE FACILITY.
(a) Deadline for Completion of Defueling.--
(1) In general.--The Secretary of Defense shall complete the
defueling of the Red Hill Bulk Fuel Storage Facility in a safe
and expeditious manner by a deadline that is approved by the
State of Hawaii Department of Health.
(2) <<NOTE: Time period. Public information. Web posting.>>
Report.--Not later than 30 days after the date of the enactment
of this Act, and quarterly thereafter until the completion of
the defueling of the Red Hill Bulk Fuel Storage Facility, the
Secretary of Defense shall submit to the congressional defense
committees, and make publicly available on an appropriate
website of the Department of Defense, a report on the status of
such defueling.
[[Page 136 STAT. 2522]]
(b) Planning and Implementation of Defueling.--The Secretary of
Defense shall plan for and implement the defueling of the Red Hill Bulk
Fuel Storage Facility in consultation with the Administrator of the
Environmental Protection Agency and the State of Hawaii Department of
Health.
(c) Notification Requirement.--The Secretary of Defense may not
begin the process of defueling the Red Hill Bulk Storage Facility until
the date on which the Secretary submits to the congressional defense
committees a notification that such defueling would not adversely affect
the ability of the Department of Defense to provide fuel to support
military operations in the area of responsibility of the United States
Indo-Pacific Command.
SEC. 332. <<NOTE: Deadlines.>> AUTHORIZATION OF CLOSURE OF
UNDERGROUND STORAGE TANK SYSTEM AT RED
HILL BULK FUEL STORAGE FACILITY.
(a) Authorization.--The Secretary of Defense may close the
underground storage tank system at the Red Hill Bulk Fuel Storage
Facility of the Department of Defense located in Hawaii (in this section
referred to as the ``Facility'').
(b) Plan for Facility Closure and Post-closure Care.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of the Navy shall
submit to the Committees on Armed Services of the House of
Representatives and the Senate a plan for--
(A) <<NOTE: Reports. Cost projections.>> the closure
of the Facility, along with a report on the cost
projections for such closure;
(B) monitoring of the Facility following closure;
(C) corrective actions to mitigate fuel releases of
groundwater at the Facility, including resources
necessary for the Secretary of the Navy to conduct such
actions at the Facility;
(D) coordination and communication with applicable
Federal and State regulatory authorities, and
surrounding communities, on release response and
remediation activities conducted by the Secretary of the
Navy at the Facility;
(E) improvements to processes, procedures,
organization, training, leadership, education,
facilities, and policy of the Department of Defense
related to best practices for the remediation and
closure of the Facility; and
(F) measures to ensure that future strategic level
assets of the Department of Defense are properly
maintained and critical environmental assets are
protected.
(2) Preparation of plan.--The Secretary of the Navy shall
prepare the plan required under paragraph (1) in consultation
with the following:
(A) The Environmental Protection Agency.
(B) The Hawaii Department of Health.
(C) The United States Geological Survey.
(D) Any other relevant Federal or State agencies the
Secretary considers appropriate.
(c) Identification of Point of Contact at Department of Defense.--
Not later than 60 days after the date of the enactment of this Act, to
ensure clear and consistent communication relating to defueling,
closure, and release response, the Secretary of Defense shall identify a
single point of contact within the Office of the
[[Page 136 STAT. 2523]]
Secretary of Defense to oversee and communicate with the public and
Members of Congress regarding the status of the Facility.
(d) Water Monitoring Briefing.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of the Navy shall
provide to the Committees on Armed Services of the House of
Representatives and the Senate a briefing on the status of the ground
water monitoring program--
(1) to monitor movement of the fuel plume in the aquifer
surrounding the Facility;
(2) to monitor long-term impacts to such aquifer and local
water bodies resulting from fuel releases from the Facility; and
(3) to coordinate with the Agency for Toxic Substances and
Disease Registry of the Department of Health and Human Services
as the Agency conducts a follow up to the previously conducted
voluntary survey of individuals and entities potentially
impacted by fuel releases from the Facility.
SEC. 333. REPORT ON BULK FUEL REQUIREMENTS APPLICABLE TO UNITED
STATES INDO-PACIFIC COMMAND.
(a) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2023 for the Office of
the Secretary of Defense for administration and service-wide activities,
not more than 90 percent may be obligated or expended until the
Secretary of Defense submits to the congressional defense committees a
report that includes the following elements:
(1) The bulk fuel requirements of the United States Indo-
Pacific Command associated with the operational plans of the
command that involve the most stress on bulk fuel, disaggregated
by theater component commander, as such term is defined in
section 1513 of title 10, United States Code, implementing the
requirement.
(2) The hardening requirements of the United States Indo-
Pacific Command associated with the distribution of bulk fuel to
support the proposed force laydown in the area of responsibility
of such command.
(3) <<NOTE: Assessment.>> A bulk fuels connector strategy
to reposition fuels within the area of responsibility of such
command, which shall include a specific assessment of the
following:
(A) The overall bulk fuel requirements for the force
structure of the surface fleet tankers of the Navy and
any specific requirements associated with the proposed
force laydown specified in paragraph (2).
(B) The intra-theater connector strategy of the
Department of Defense to logistically support theater-
specific bulk fuel requirements.
(C) The bulk fuel requirements for light amphibious
warfare ships.
(4) An identification of the funding mechanisms used, or
proposed to be used, to meet each of the requirements specified
in paragraphs (1) through (3), including programmed and unfunded
requirements, and a description of any additional staffing or
resources necessary to meet such requirements.
(5) <<NOTE: Assessments.>> A risk assessment of the
potential risk associated with the denial of access to bulk fuel
storage facilities located in foreign countries, including a
specific assessment of clauses
[[Page 136 STAT. 2524]]
in contracts entered into by the Director of the Defense
Logistics Agency that provide for surety of access to such
storage facilities, taking into account the insurance sought
with respect to such surety and the anticipated penalties for
failing to provide such surety.
(b) Inclusion in Separate Reports.--An element listed in paragraphs
(1) through (5) of subsection (a) shall be deemed to be included in the
report under subsection (a) if included in a separate report submitted
to the congressional defense committees on or before the date of the
submission of the report under such subsection.
(c) Form.--The report under subsection (a) shall be submitted in an
unclassified and publicly releasable form, but may contain a classified
annex.
SEC. 334. PLACEMENT OF SENTINEL OR MONITORING WELLS IN PROXIMITY
TO RED HILL BULK FUEL STORAGE FACILITY.
(a) <<NOTE: Reports.>> In General.--Not later than April 1, 2023,
the Secretary of the Navy, in coordination with the Director of the
United States Geological Survey and the Administrator of the
Environmental Protection Agency, shall submit to the congressional
defense committees a report on the placement of sentinel or monitoring
wells in proximity to the Red Hill Bulk Fuel Storage Facility for the
purpose of monitoring and tracking the movement of fuel that has escaped
the Facility. Such report shall include--
(1) <<NOTE: Time period.>> the number and location of new
wells that have been established during the 12-month period
preceding the date of the submission of the report;
(2) an identification of any new wells proposed to be
established;
(3) <<NOTE: Analysis.>> an analysis of the need for any
other wells;
(4) the proposed number and location of any such additional
wells; and
(5) the priority level of each proposed well based on--
(A) the optimal locations for new wells; and
(B) the capability of a proposed well to assist in
monitoring and tracking the movement of fuel toward the
Halawa shaft, the Halawa Well, and the Aiea Well.
(b) <<NOTE: Deadlines. Time period.>> Quarterly Briefings.--Not
later than 30 days after the submission of the report under subsection
(a), and every 90 days thereafter for 12 months, the Secretary of the
Navy shall provide to the congressional defense committees a briefing on
the progress of the Department of the Navy toward installing the wells
described in paragraphs (2) and (3) of subsection (a).
SEC. 335. STUDIES RELATING TO WATER NEEDS OF THE ARMED FORCES ON
OAHU.
(a) Study on Future Water Needs of Oahu.--
(1) <<NOTE: Deadline.>> In general.--Not later than July
31, 2023, the Secretary of Defense shall conduct a study on how
the Department of Defense may best address the future water
needs of the Armed Forces on the island of Oahu. Such study
shall include consideration of--
(A) the construction of a new water treatment plant
or plants;
(B) the construction of a new well for use by
members of the Armed Forces and the civilian population;
[[Page 136 STAT. 2525]]
(C) the construction of a new well for the exclusive
use of members of the Armed Forces;
(D) transferring ownership and operation of existing
Department of Defense utilities to a municipality or
existing publicly owned utility;
(E) conveying certain Navy utilities to the Honolulu
Board of Water Supply; and
(F) any other water solutions the Secretary of
Defense determines appropriate.
(2) Consultation.--In carrying out the study under paragraph
(1), the Secretary of Defense shall consult with the
Administrator of the Environmental Protection Agency, the State
of Hawaii, the Honolulu Board of Water Supply, and any other
entity the Secretary of Defense determines appropriate.
(3) Report; briefing.--Upon completion of the study under
paragraph (1), the Secretary of Defense shall--
(A) submit to the appropriate congressional
committees a report on the findings of the study; and
(B) provide to the appropriate congressional
committees a briefing on such findings.
(b) Hydrological Studies.--
(1) <<NOTE: Deadline.>> Groundwater flow model study.--Not
later than July 31, 2023, the Secretary of the Navy, in
consultation with the Administrator of the Environmental
Protection Agency, the Director of the United States Geological
Survey, and the State of Hawaii, shall commence the conduct of a
new study, or continue an existing study, to further refine the
modeling of groundwater flow in the area surrounding the Red
Hill Bulk Fuel Storage Facility. Such study shall be designed
to--
(A) seek to improve the understanding of the
direction and rate of groundwater flow and dissolved
fuel migration within the aquifers in the area
surrounding the facility;
(B) reflect site-specific data, including available
data of the heterogeneous subsurface geologic system of
such area; and
(C) address previously identified deficiencies in
existing groundwater flow models.
(2) Deadlines for completion.--
(A) Groundwater flow model study.--The study under
paragraph (1) shall be completed by not later than one
year after the date of the enactment of this Act.
(B) Subsequent study.--Not later than one year after
the date on which the study under paragraph (1) is
completed, the Secretary of the Navy shall complete a
subsequent study to model contaminant fate and transport
in the area surrounding the Red Hill Bulk Fuel Storage
Facility.
(3) Reports; briefings.--Upon completion of a study under
this subsection, the Secretary of the Navy shall--
(A) submit to the congressional defense committees a
report on the findings of the study; and
(B) provide to the congressional defense committees
a briefing on such findings.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
[[Page 136 STAT. 2526]]
(1) The congressional defense committees.
(2) The Committee on Energy and Commerce of the House of
Representatives.
(3) The Committee on Environment and Public Works of the
Senate.
SEC. 336. STUDY ON ALTERNATIVE USES FOR RED HILL BULK FUEL STORAGE
FACILITY.
(a) Study Required.--
(1) <<NOTE: Deadline. Contracts. Determination. Reports.>> In
general.--Not later than 30 days after the date of the enactment
of this Act, the Secretary of Defense shall seek to enter into
an agreement with a federally funded research and development
center that meets the criteria specified in paragraph (2) under
which such center will conduct a study to determine the range of
feasible alternative Department of Defense uses for the Red Hill
Bulk Fuel Storage Facility and provide to the Secretary a report
on the findings of the study. The conduct of such study shall
include--
(A) engagement with stakeholders;
(B) <<NOTE: Review.>> a review of historical
alternative uses of facilities with similar
characteristics; and
(C) such other modalities as determined necessary to
appropriately identify alternative use options,
including data and information collected from various
stakeholders and through site visits to physically
inspect the facility.
(2) Criteria for ffrdc.--The federally funded research and
development center with which the Secretary seeks to enter into
an agreement under paragraph (1) shall meet the following
criteria:
(A) A primary focus on studies and analysis.
(B) A record of conducting research and analysis
using a multidisciplinary approach.
(C) Demonstrated specific competencies in--
(i) life cycle cost-benefit analysis;
(ii) military facilities and how such
facilities support missions; and
(iii) the measurement of environmental
impacts.
(D) A strong reputation for publishing publicly
releasable analysis to inform public debate.
(b) Cost-benefit Analysis.--An agreement entered into pursuant to
subsection (a) shall specify that the study conducted under the
agreement will include a cost-benefit analysis of the feasible
Department of Defense alternative uses considered under the study. Such
cost-benefit analysis shall cover each of the following for each such
alternative use:
(1) The design and construction costs.
(2) Life-cycle costs, including the operation and
maintenance costs of operating the facility, such as annual
operating costs, predicted maintenance costs, and any disposal
costs at the end of the useful life of the facility.
(3) Any potential military benefits.
(4) Any potential benefits for the local economy, including
any potential employment opportunities for members of the
community.
(5) <<NOTE: Determination.>> A determination of
environmental impact analysis requirements.
(6) The effects of the use on future mitigation efforts.
[[Page 136 STAT. 2527]]
(7) <<NOTE: Determination.>> Any additional factors
determined to be relevant by the federally funded research and
development center in consultation with the Secretary.
(c) Deadline for Completion.--An agreement entered into pursuant to
subsection (a) shall specify that the study conducted under the
agreement shall be completed by not later than February 1, 2024.
(d) Briefing.--Upon completion of a study conducted under an
agreement entered into pursuant to subsection (a), the Secretary shall
provide to the Committees on Armed Services of the Senate and House of
Representatives a briefing on the findings of the study.
(e) <<NOTE: Web postings.>> Public Availability.--
(1) FFRDC.--An agreement entered into pursuant to subsection
(a) shall specify that the federally funded research and
development center shall make an unclassified version of the
report provided to the Secretary publicly available on an
appropriate website of the center.
(2) Department of defense.--Upon receipt of such report, the
Secretary shall make an unclassified version of the report
publicly available on an appropriate website of the Department
of Defense.
SEC. 337. BRIEFING ON DEPARTMENT OF DEFENSE EFFORTS TO TRACK
HEALTH IMPLICATIONS OF FUEL LEAKS AT RED
HILL BULK FUEL STORAGE FACILITY.
(a) <<NOTE: Deadline.>> Briefing.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of Health and Human Services, shall
provide to the congressional defense committees a briefing on the
efforts of the Secretary of Defense to appropriately track the health
implications of fuel leaks at the Red Hill Bulk Fuel Storage Facility
for members of the Armed Forces and dependents thereof, including
members of each Armed Force and dependents thereof. The briefing shall
include each of the following:
(1) <<NOTE: Plan. Coordination.>> A plan to coordinate with
the Director of the Centers for Disease Control and Prevention
to align such efforts with the public health assessment and
monitoring efforts of the Director.
(2) A description of any potential benefits of coordinating
and sharing data with the State of Hawaii Department of Health.
(3) <<NOTE: Analysis.>> An analysis of the extent to which
data from the State of Hawaii Department of Health and data from
other non-Department of Defense sources can and should be used
in any long-term health study relating to fuel leaks at the Red
Hill Bulk Fuel Storage Facility.
(4) A description of the potential health implications of
contaminants, including fuel, detected in the drinking water
distribution system at the Red Hill Bulk Fuel Storage Facility
during testing after the fuel leaks at such facility that
occurred in May and November 2021, respectively.
(5) <<NOTE: Time period.>> A description of any
contaminants, including fuel, detected in the water supply at
the Red Hill Bulk Fuel Storage Facility during the 12-month
period preceding the fuel leak at such facility that occurred in
November 2021.
[[Page 136 STAT. 2528]]
(6) A description of any potential benefits of broadening
the tracing window to include indications of contaminants,
including fuel, in the drinking water supply at the Red Hill
Bulk Fuel Storage Facility prior to May 2021.
(b) Armed Forces Defined.--In this section, the term ``Armed
Forces'' has the meaning given that term in section 101 of title 10,
United States Code.
Subtitle D--Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl
Substances
SEC. 341. DEPARTMENT OF DEFENSE RESEARCH RELATING TO
PERFLUOROALKYL OR POLYFLUOROALKYL
SUBSTANCES.
(a) <<NOTE: 10 USC 2701 note.>> Publication of Information.--
(1) <<NOTE: Deadline. Public information. Web
posting. Updates.>> In general.--Beginning not later than 180
days after the date of the enactment of this Act, Secretary of
Defense shall publish on the publicly available website
established under section 331(b) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10
U.S.C. 2701 note) timely and regularly updated information on
the research efforts of the Department of Defense relating to
perfluoroalkyl substances or polyfluoroalkyl substances, which
shall include the following:
(A) A description of any research collaboration or
data sharing by the Department with the Department of
Veterans Affairs, the Agency for Toxic Substances and
Disease Registry, or any other agency (as defined in
section 551 of title 5, United States Code), State,
academic institution, nongovernmental organization, or
other entity.
(B) Regularly updated information on research
projects supported or conducted by the Department of
Defense pertaining to the development, testing, and
evaluation of a fluorine-free firefighting foam or any
other alternative to aqueous film forming foam that
contains perfluoroalkyl substances or polyfluoroalkyl
substances, excluding any proprietary information that
is business confidential.
(C) Regularly updated information on research
projects supported or conducted by the Department
pertaining to the health effects of perfluoroalkyl
substances or polyfluoroalkyl substances, including
information relating to the impact of such substances on
firefighters, veterans, and military families, and
excluding any personally identifiable information.
(D) Regularly updated information on research
projects supported or conducted by the Department
pertaining to treatment options for drinking water,
surface water, ground water, and the safe disposal of
perfluoroalkyl substances or polyfluoroalkyl substances.
(E) Budget information, including specific spending
information for the research projects relating to
perfluoroalkyl substances or polyfluoroalkyl substances
that are supported or conducted by the Department.
[[Page 136 STAT. 2529]]
(F) Such other matters as may be relevant to ongoing
research projects supported or conducted by the
Department to address the use of perfluoroalkyl
substances or polyfluoroalkyl substances and the health
effects of the use of such substances.
(2) Format.--The information published under paragraph (1)
shall be made available in a downloadable, machine-readable,
open, and user-friendly format.
(3) Definitions.--In this subsection:
(A) The term ``military installation'' includes
active, inactive, and former military installations.
(B) The term ``perfluoroalkyl substance'' means a
man-made chemical of which all of the carbon atoms are
fully fluorinated carbon atoms.
(C) The term ``polyfluoroalkyl substance'' means a
man-made chemical containing a mix of fully fluorinated
carbon atoms, partially fluorinated carbon atoms, and
nonfluorinated carbon atoms.
(b) Inclusion of Research Duties in Perfluoroalkyl Substances and
Polyfluoroalkyl Substances Task Force.--Section 2714(e) of title 10,
United States Code, is amended by adding at the end the following new
paragraphs:
``(5) Supporting research efforts relating to perfluoroalkyl
substances or polyfluoroalkyl substances.
``(6) Establishing practices to ensure the timely and
complete dissemination of research findings and related data
relating to perfluoroalkyl substances or polyfluoroalkyl
substances to the general public.''.
SEC. 342. INCREASE OF TRANSFER AUTHORITY FOR FUNDING OF STUDY AND
ASSESSMENT ON HEALTH IMPLICATIONS OF PER-
AND POLYFLUOROALKYL SUBSTANCES
CONTAMINATION IN DRINKING WATER BY AGENCY
FOR TOXIC SUBSTANCES AND DISEASE REGISTRY.
Section 316(a)(2)(B) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1350), as amended by
section 315(a) of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1713), section 321
of the National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92; 133 Stat. 1307), section 337 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283; 134 Stat. 3533), and section 342 of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135
Stat. 1643), is further amended--
(1) in clause (ii), by striking ``2023'' and inserting
``2022''; and
(2) by adding at the end the following new clause:
``(iii) Without regard to section 2215 of title 10,
United States Code, the Secretary of Defense may
transfer not more than $20,000,000 during fiscal year
2023 to the Secretary of Health and Human Services to
pay for the study and assessment required by this
section.''.
[[Page 136 STAT. 2530]]
SEC. 343. PRIZES FOR DEVELOPMENT OF NON-PFAS-CONTAINING TURNOUT
GEAR.
Section 330 of the National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116-283; 134 Stat. 3528; 10 U.S.C. 2661 note
prec.) is amended--
(1) in subsection (a)--
(A) by striking ``of a non-PFAS-containing'' and
inserting ``of the following:''
``(1) A non-PFAS-containing''; and
(B) by adding at the end the following new
paragraph:
``(2) Covered personal protective firefighting equipment
that does not contain an intentionally added perfluoroalkyl
substance or polyfluoroalkyl substance.''; and
(2) by amending subsection (f) to read as follows:
``(f) Definitions.--In this section:
``(1) The term `perfluoroalkyl substance' means a man-made
chemical of which all of the carbon atoms are fully fluorinated
carbon atoms.
``(2) The term `polyfluoroalkyl substance' means a man-made
chemical containing at least one fully fluorinated carbon atom
and at least one non-fully fluorinated carbon atom.
``(3) The term `covered personal protective firefighting
equipment'' means the following:
``(A) Turnout gear jacket or coat.
``(B) Turnout gear pants.
``(C) Turnout coveralls.
``(D) Any other personal protective firefighting
equipment, as determined by the Secretary of Defense, in
consultation with the Administrator of the United States
Fire Administration.''.
SEC. 344. MODIFICATION OF LIMITATION ON DISCLOSURE OF RESULTS OF
TESTING FOR PERFLUOROALKYL OR
POLYFLUOROALKYL SUBSTANCES ON PRIVATE
PROPERTY.
Section 345(a)(2) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 2715 note) is amended by
inserting ``personally identifiable information in connection with''
after ``publicly disclose''.
SEC. 345. <<NOTE: 10 USC note prec. 3201.>> RESTRICTION ON
PROCUREMENT OR PURCHASING BY DEPARTMENT OF
DEFENSE OF TURNOUT GEAR FOR FIREFIGHTERS
CONTAINING PERFLUOROALKYL SUBSTANCES OR
POLYFLUOROALKYL SUBSTANCES.
(a) <<NOTE: Effective date.>> Prohibition on Procurement and
Purchasing.--Subject to subsection (d), beginning on October 1, 2026,
the Secretary of Defense may not enter into a contract to procure or
purchase covered personal protective firefighting equipment for use by
Federal or civilian firefighters if such equipment contains an
intentionally added perfluoroalkyl substance or polyfluoroalkyl
substance.
(b) Implementation.--
(1) Inclusion in contracts.--The Secretary of Defense shall
include the prohibition under subsection (a) in any contract
entered into by the Department of Defense to procure covered
personal protective firefighting equipment for use by Federal or
civilian firefighters.
[[Page 136 STAT. 2531]]
(2) No obligation to test.--In carrying out the prohibition
under subsection (a), the Secretary shall not have an obligation
to test covered personal protective firefighting equipment to
confirm the absence of perfluoroalkyl substances or
polyfluoroalkyl substances.
(c) Existing Inventory.--Nothing in this section shall impact
existing inventories of covered personal protective firefighting
equipment.
(d) Availability of Alternatives.--
(1) In general.--The requirement under subsection (a) shall
be subject to the availability of sufficiently protective
covered personal protective firefighting equipment that does not
contain intentionally added perfluoroalkyl substances or
polyfluoroalkyl substances.
(2) <<NOTE: Determinations.>> Extension of effective date.--
If the Secretary of Defense determines that no sufficiently
protective covered personal protective firefighting equipment
that does not contain intentionally added perfluoroalkyl
substances or polyfluoroalkyl substances is available, the
deadline under subsection (a) shall be extended until the
Secretary determines that such covered personal protective
firefighting equipment is available.
(e) Definitions.--In this section:
(1) The term ``covered personal protective firefighting
equipment'' means--
(A) any product that provides protection to the
upper and lower torso, arms, legs, head, hands, and
feet; or
(B) any other personal protective firefighting
equipment, as determined by the Secretary of Defense.
(2) The term ``perfluoroalkyl substance'' means a man-made
chemical of which all of the carbon atoms are fully fluorinated
carbon atoms.
(3) The term ``polyfluoroalkyl substance'' means a man-made
chemical containing at least one fully fluorinated carbon atom
and at least one non-fully fluorinated carbon atom.
SEC. 346. ANNUAL REPORT ON PFAS CONTAMINATION AT CERTAIN MILITARY
INSTALLATIONS FROM SOURCES OTHER THAN
AQUEOUS FILM-FORMING FOAM.
Not <<NOTE: Time period.>> later than one year after the date of the
enactment of this Act, and annually thereafter for the following four
years, the Under Secretary of Defense for Acquisition and Sustainment
shall submit to the congressional defense committees a report on any
known or suspected contamination on or around military installations
located in the United States resulting from the release of any
perfluoroalkyl substance or polyfluoroalkyl substance originating from a
source other than aqueous film-forming foam.
SEC. 347. REPORT ON CRITICAL PFAS USES; BRIEFINGS ON DEPARTMENT OF
DEFENSE PROCUREMENT OF CERTAIN ITEMS
CONTAINING PFOS OR PFOA.
(a) Identification of Critical Uses.--Not later than June 1, 2023,
the Secretary of Defense, in consultation with the Defense Critical
Supply Chain Task Force and the Chemical and Material Risk Management
Program of the Department of Defense, shall submit to the Committees on
Armed Services of the House of Representatives and the Senate a report
outlining the uses of perfluoroalkyl substances and polyfluoroalkyl
substances that are
[[Page 136 STAT. 2532]]
critical to the national security of the United States, with a focus on
such critical uses in--
(1) the sectors outlined in the February 2022 report of the
Department of Defense titled ``Securing Defense-Critical Supply
Chains''; and
(2) sectors of strategic importance for domestic production
and investment to build supply chain resilience, including
kinetic capabilities, energy storage and batteries, and
microelectronics and semiconductors.
(b) <<NOTE: Deadline. 10 USC 2701 note.>> Annual Briefings.--Not
later than 270 days after the date of the enactment of this Act, and
annually thereafter, the Secretary of Defense shall provide to the
Committees on Armed Services of the House of Representatives and the
Senate a briefing that includes a description of each of the following:
(1) Steps taken to identify covered items procured by the
Department of Defense that contain perfluorooctane sulfonate
(PFOS) or perfluorooctanoic acid (PFOA).
(2) Steps taken to identify products and vendors of covered
items that do not contain PFOS or PFOA.
(3) Steps taken to limit the procurement by the Department
of covered items that contain PFOS or PFOA.
(4) Steps the Secretary intends to take to limit the
procurement of covered items that contain PFOS or PFOA.
(c) <<NOTE: 10 USC 2701 note.>> Covered Item Defined.--In this
section, the term ``covered item'' means--
(1) nonstick cookware or cooking utensils for use in galleys
or dining facilities; and
(2) upholstered furniture, carpets, and rugs that have been
treated with stain-resistant coatings.
Subtitle E--Logistics and Sustainment
SEC. 351. RESOURCES REQUIRED FOR ACHIEVING MATERIEL READINESS
METRICS AND OBJECTIVES FOR MAJOR DEFENSE
ACQUISITION PROGRAMS.
(a) In General.--Section 118 of title 10, United States Code, is
amended:
(1) in subsection (d)(2), by striking ``objectives'' and
inserting ``objectives, such as infrastructure, workforce, or
supply chain considerations'';
(2) redesignating subsection (e) as subsection (f); and
(3) inserting after subsection (d) the following new
subsection (e):
``(e) <<NOTE: Deadline.>> Funding Estimates.--Not later than five
days after the date on which the Secretary of Defense submits to
Congress the materials in support of the budget of the President for a
fiscal year, the Director of Cost Assessment and Performance Evaluation
shall submit to the congressional defense committees a comprehensive
estimate of the funds necessary to meet the materiel readiness
objectives required by subsection (c) through the period covered by the
most recent future-years defense program. At a minimum, the Director
shall provide, for each major weapon system, by designated mission
design series, variant, or class, a comprehensive estimate of the funds
necessary to meet such objectives that--
[[Page 136 STAT. 2533]]
``(1) have been obligated by subactivity group within the
operation and maintenance accounts for the second fiscal year
preceding the budget year;
``(2) the Director estimates will have been obligated by
subactivity group within the operation and maintenance accounts
by the end of the fiscal year preceding the budget year; and
``(3) have been budgeted and programmed across the future
years defense program within the operation and maintenance
accounts by subactivity group.''.
(b) <<NOTE: 10 USC 118 note.>> Phased Implementation.--The Director
of Cost Assessment and Performance Evaluation may meet the requirements
of subsection (e) of section 118 of title 10, United States Code, as
added by subsection (a), through a phased submission of the funding
estimates required under such subsection. In conducting a phased
implementation, the Director shall ensure that--
(1) for the budget request for fiscal year 2024, funding
estimates are provided for a representative sample by military
department of at least one-third of the major weapon systems;
(2) for the budget request for fiscal year 2025, funding
estimates are provided for an additional one-third of the major
weapon systems; and
(3) <<NOTE: Deadline.>> full implementation for all major
weapons systems is completed not later than five days after the
date on which the Secretary of Defense submits to Congress the
materials in support of the budget of the President for fiscal
year 2026.
SEC. 352. ANNUAL PLAN FOR MAINTENANCE AND MODERNIZATION OF NAVAL
VESSELS.
(a) Annual Plan.--Section 231 of title 10, United States Code, is
amended--
(1) in the heading, by inserting ``, maintenance, and
modernization'' after ``construction'';
(2) by redesignating subsections (d) through (f) as
subsections (e) through (g), respectively;
(3) by inserting after subsection (c) the following new
subsection:
``(d) Annual Plan for Maintenance and Modernization of Naval
Vessels.--In addition to the plan included under subsection (a)(1), the
Secretary of Defense shall include with the defense budget materials for
a fiscal year each of the following:
``(1) A plan for the maintenance and modernization of naval
vessels that includes the following:
``(A) A forecast of the maintenance and
modernization requirements for both the naval vessels in
the inventory of the Navy and the vessels required to be
delivered under the naval vessel construction plan under
subsection (a)(1).
``(B) A description of the initiatives of the
Secretary of the Navy to ensure that activities key to
facilitating the maintenance and modernization of naval
vessels (including with respect to increasing workforce
and industrial base capability and capacity, shipyard
level-loading, and facility improvements) receive
sufficient resourcing, and are including in appropriate
planning, to facilitate the requirements specified in
subparagraph (A).
[[Page 136 STAT. 2534]]
<<NOTE: Certification.>> ``(2) A certification by the
Secretary that both the budget for that fiscal year and the
future-years defense program submitted to Congress in relation
to such budget under section 221 of this title provide for
funding for the maintenance and modernization of naval vessels
at a level that is sufficient for such maintenance and
modernization in accordance with the plan under paragraph
(1).''; and
(4) in subsection (f), as redesignated by paragraph (2), by
inserting `` and the plan and certification under subsection
(d)'' after ``subsection (a)''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 9 of title 10, United States Code, <<NOTE: 10 USC prec. 221.>>
is amended by striking the item relating to section 231 and inserting
the following new item:
``231. Budgeting for construction, maintenance, and modernization of
naval vessels: annual plan and certification.''.
SEC. 353. INCLUSION OF INFORMATION REGARDING JOINT MEDICAL
ESTIMATES IN READINESS REPORTS.
Section 482(b) of title 10, United States Code, is amended--
(1) by redesignating paragraph (11) as paragraph (12); and
(2) by inserting after paragraph (10) the following new
paragraph:
``(11) <<NOTE: Summary. Mitigation plan.>> A summary of the
joint medical estimate under section 732(b)(1) of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 1817) prepared by the Joint Staff
Surgeon, with a mitigation plan to correct any readiness problem
or deficiency and the timeline, cost, and any legislative action
required to correct any such problem or deficiency.''.
SEC. 354. INAPPLICABILITY OF ADVANCE BILLING DOLLAR LIMITATION FOR
RELIEF EFFORTS FOLLOWING MAJOR DISASTERS
OR EMERGENCIES.
Section 2208(l)(3) of title 10, United States Code, is amended--
(1) by striking ``The total'' and inserting ``(A) Except as
provided in subparagraph (B), the total''; and
(2) by adding at the end the following new subparagraph:
``(B) The dollar limitation under subparagraph (A) shall not apply
with respect to advance billing for relief efforts following a
declaration of a major disaster or emergency under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.).''.
SEC. 355. REPEAL OF COMPTROLLER GENERAL REVIEW ON TIME LIMITATIONS
ON DURATION OF PUBLIC-PRIVATE
COMPETITIONS.
Section 322(c) of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2252) is repealed.
SEC. 356. <<NOTE: 10 USC 8013 note.>> IMPLEMENTATION OF
COMPTROLLER GENERAL RECOMMENDATIONS
REGARDING SHIPYARD INFRASTRUCTURE
OPTIMIZATION PLAN OF THE NAVY.
(a) <<NOTE: Deadline. Cost estimates.>> In General.--Not later than
March 1, 2023, the Secretary of the Navy shall--
(1) develop metrics for assessing progress of the Secretary
toward improved shipyard capacity and performance in carrying
[[Page 136 STAT. 2535]]
out the Shipyard Infrastructure Optimization Plan of the Navy,
including by measuring the effectiveness of capital investments;
(2) ensure that the shipyard optimization program office of
the Navy--
(A) includes all costs, such as inflation, program
office activities, utilities, roads, environmental
remediation, historic preservation, and alternative
workspace when developing a detailed cost estimate; and
(B) uses cost estimating best practices in
developing a detailed cost estimate, including--
(i) a program baseline;
(ii) a work breakdown structure;
(iii) a description of the methodology and key
assumptions;
(iv) a consideration of inflation;
(v) a full assessment of risk and uncertainty;
and
(vi) a sensitivity analysis; and
(3) obtain independent cost estimates for projects under the
shipyard optimization program that are estimated to exceed
$250,000,000, to validate the cost estimates of the Navy
developed for such projects pursuant to paragraph (2) and inform
the prioritization of projects under such program.
(b) <<NOTE: Deadline.>> Briefing.--If the Secretary of the Navy is
unable to implement the requirements under subsection (a) by March 1,
2023, the Secretary shall brief the Committees on Armed Services of the
Senate and the House of Representatives before such date on--
(1) the current progress of the Secretary toward
implementing those requirements;
(2) any hindrance to implementing those requirements; and
(3) any additional resources necessary to implement those
requirements.
SEC. 357. LIMITATION ON AVAILABILITY OF FUNDS FOR MILITARY
INFORMATION SUPPORT OPERATIONS.
Of <<NOTE: Plan.>> the funds authorized to be appropriated by this
Act or otherwise made available for Operation and Maintenance, Defense-
Wide, for military information support operations, not more than 75
percent may be obligated or expended until the Secretary of Defense
submits to the congressional defense committees a plan for--
(1) appropriately scoping and tailoring messaging activities
to foreign target audiences;
(2) ensuring messages serve a valid military purpose;
(3) effectively managing risk associated with web-based
military information support operations;
(4) maintaining alignment with policies and procedures of
the Department of Defense;
(5) adequately overseeing and approving the work of
contractors;
(6) ensuring alignment with policy guidance and procedures
of the Department; and
(7) coordinating activities with the Global Engagement
Center of the Department of State and other relevant non-
Department of Defense entities.
[[Page 136 STAT. 2536]]
SEC. 358. NOTIFICATION OF MODIFICATION TO POLICY REGARDING
RETENTION RATES FOR NAVY SHIP REPAIR
CONTRACTS.
(a) <<NOTE: Time period.>> Notification.--The Secretary of the Navy
may not modify the general policy of the Department of the Navy
regarding retention rates for contracts for Navy ship repair until a
period of 15 days has elapsed following the date on which the Assistant
Secretary of the Navy for Research, Development, and Acquisition submits
to the congressional defense committees a notification that includes,
with respect to such modification, the following information:
(1) An identification of any considerations that informed
the decision to so modify.
(2) A description of the desired effect of the modification
on the Navy ship repair industrial base.
(b) Termination.--This section, and the requirements thereof, shall
terminate on September 30, 2025.
SEC. 359. RESEARCH AND ANALYSIS ON CAPACITY OF PRIVATE SHIPYARDS
IN UNITED STATES AND EFFECT OF THOSE
SHIPYARDS ON NAVAL FLEET READINESS.
(a) <<NOTE: Deadline. Contracts.>> In General.--Not later than 60
days after the date of the enactment of this Act, the Secretary of the
Navy shall seek to enter into an agreement with a nonprofit entity or a
federally funded research and development center to conduct research and
analysis regarding the capacity and capability of private shipyards in
the United States to repair, maintain, and modernize surface combatants
and support ships of the Navy to ensure fleet readiness.
(b) <<NOTE: Assessments.>> Elements.--The research and analysis
conducted under subsection (a) shall include the following:
(1) <<NOTE: Time period.>> An assessment of the maintenance
needs of the Navy during the five-year period preceding the date
of the enactment of this Act, including the frequency of
unplanned maintenance and the average time it takes to repair
ships.
(2) <<NOTE: Time period.>> An assessment of the projected
maintenance needs of the Navy during the 10-year period
following such date of enactment.
(3) An assessment of whether current private shipyards in
the United States have the capacity to meet current and
anticipated needs of the Navy to maintain and repair ships,
including whether there are adequate ship repair facilities and
a sufficiently trained workforce.
(4) An identification of barriers limiting the success of
intermediate-level and depot-level maintenance availabilities,
including constraints of adding private depot capacity and
capability.
(5) <<NOTE: Recommenda- tions.>> Recommendations based on
the findings of paragraphs (1) through (4) regarding actions the
Secretary of the Navy can take to ensure there is an industrial
base of private ship repair facilities to meet the needs of the
Navy and ensure fleet readiness, including whether the Secretary
should institute a new force generation model, establish
additional homeport facilities, or establish new hub-type
maintenance facilities.
(c) <<NOTE: Consultation.>> Input From Private Shipyards.--In
conducting research and analysis under subsection (a), the nonprofit
entity or federally funded research and development center with which
the Secretary
[[Page 136 STAT. 2537]]
of the Navy enters into an agreement under subsection (a) shall consult
with private shipyards regarding--
(1) the fleet maintenance needs of surface combatant and
support ships of the Navy;
(2) private shipyard capacity, including workforce; and
(3) additional investment in private shipyards necessary to
meet the needs of the Navy.
(d) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the nonprofit entity or federally
funded research and development center with which the Secretary
of the Navy enters into an agreement under subsection (a) shall
submit to the Secretary a report on the results of the research
and analysis undertaken under such subsection.
(2) <<NOTE: Records.>> Submission to congress.--Not later
than 30 days after the Secretary receives the report under
paragraph (1), the Secretary shall submit to the congressional
defense committees a copy of the report.
SEC. 360. INDEPENDENT STUDY RELATING TO FUEL DISTRIBUTION
LOGISTICS ACROSS UNITED STATES INDO-
PACIFIC COMMAND.
(a) <<NOTE: Deadline. Contracts.>> Study.--Not later than 30 days
after the date of the enactment of this Act, the Secretary of Defense
shall seek to enter into a contract with a federally funded research and
development center that meets the criteria under subsection (b) to
conduct a study on fuel distribution logistics in the area of
responsibility of the United States Indo-Pacific Command.
(b) Criteria for FFRDC.--The criteria under this subsection are the
following:
(1) A primary focus on the conduct of studies and analysis.
(2) A demonstrated record of conducting research and
analysis using a multidisciplinary approach.
(3) A strong reputation for publishing publicly releasable
analysis to inform public debate.
(c) IDA Strategic Fuel Assessment.--In conducting the study pursuant
to a contract under subsection (a), the federally funded research and
development center shall use the results of the July 1, 2020, report of
the Institute for Defense Analyses titled ``INDOPACOM Strategic Fuel
Assessment'' as a baseline to inform its analysis of fuel distribution
logistics in the area of responsibility of the United States Indo-
Pacific Command.
(d) <<NOTE: Assessments.>> Elements.--A contract under subsection
(a) shall provide that a study conducted under the contract shall
include, with respect to the area of responsibility of the United States
Indo-Pacific Command, the following:
(1) <<NOTE: Evaluation.>> An evaluation of the
vulnerabilities associated with the production, refinement, and
distribution of fuel by the Armed Forces during periods of
conflict and in contested logistics environments within the
area, including with respect to the capability of the Armed
Forces to sustain operational flights by aircraft and joint
force distributed operations.
(2) An assessment of potential adversary capabilities to
disrupt such fuel distribution in the area through a variety of
means, including financial means, cyber means, and conventional
kinetic attacks.
[[Page 136 STAT. 2538]]
(3) An assessment of any gaps in the capability or capacity
of inter- or intra-theater fuel distribution, including any gaps
relating to storage, transfer platforms, manning for platforms,
command and control, or fuel handling.
(4) <<NOTE: Evaluation.>> An evaluation of the positioning
of defense fuel support points in the area, including with
respect to operational suitability and vulnerability to a
variety of kinetic threats.
(5) <<NOTE: Review.>> An assessment of the readiness of
allies and partners of the United States to support the supply,
storage, and distribution of fuel by the Armed Forces in the
area, including a review of any relevant security cooperation
agreements entered into between the United States and such
allies and partners.
(6) An assessment of potential actions to mitigate any
vulnerabilities identified pursuant to the study.
(e) Report.--
(1) Submission to secretary of defense.--
(A) <<NOTE: Requirement.>> In general.--A contract
under subsection (a) shall provide that a study
conducted under the contract shall require that the
federally funded research and development center submit
to the Secretary a report containing the findings of
such study.
(B) Form.--The report under subparagraph (A) shall
be submitted in an unclassified and publicly releasable
form, but may include a classified annex.
(2) <<NOTE: Records.>> Submission to congress.--Not later
than 30 days after the date on which the Secretary receives the
report under paragraph (1)(A), the Secretary shall submit to the
appropriate congressional committees a copy of such report,
submitted without change.
(f) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees;
(B) the Committee on Transportation and
Infrastructure of the House of Representatives; and
(C) the Committee on Commerce, Science, and
Transportation of the Senate.
(2) The term ``contested logistics environment'' has the
meaning given such term in section 2926 of title 10, United
States Code.
SEC. 361. QUARTERLY BRIEFINGS ON EXPENDITURES FOR ESTABLISHMENT OF
FUEL DISTRIBUTION POINTS IN UNITED STATES
INDO-PACIFIC COMMAND AREA OF
RESPONSIBILITY.
(a) <<NOTE: Termination date.>> Quarterly Briefings.--On a quarterly
basis until the date that is two years after the date of the enactment
of this Act, the Commander of United States Indo-Pacific Command shall
provide to the congressional defense committees briefings on the use of
the funds described in subsection (c).
(b) <<NOTE: Expenditure plan.>> Contents of Briefings.--Each
briefing under subsection (a) shall include an expenditure plan for the
establishment of fuel distribution points in the area of responsibility
of United States Indo-Pacific Command relating to the defueling and
closure of the Red Hill Bulk Fuel Storage Facility.
(c) Funds Described.--The funds described in this subsection are the
amounts authorized to be appropriated or otherwise made
[[Page 136 STAT. 2539]]
available for fiscal year 2023 for Military Construction, Defense-wide
for Planning and Design for United States Indo-Pacific Command.
Subtitle F--Matters Relating to Depots and Ammunition Production
Facilities
SEC. 371. BUDGETING FOR DEPOT AND AMMUNITION PRODUCTION FACILITY
MAINTENANCE AND REPAIR: ANNUAL REPORT.
Chapter 9 of title 10, United States Code, <<NOTE: 10 USC prec.
221.>> is amended by adding at the end the following new section (and
conforming the table of sections at the beginning of such chapter
accordingly):
``Sec. 239d. <<NOTE: 10 USC 239d.>> Budgeting for depot and
ammunition production facility maintenance and
repair: annual report
``(a) Annual Report.--The Secretary of Defense, in coordination with
the Secretaries of the military departments, shall include with the
defense budget materials for each fiscal year a report regarding the
maintenance and repair of covered facilities.
``(b) <<NOTE: Time periods.>> Elements.--Each report required under
subsection (a) shall include, at a minimum, the following (disaggregated
by military department):
``(1) <<NOTE: Data.>> With respect to each of the three
fiscal years preceding the fiscal year covered by the defense
budget materials with which the report is included, revenue data
for that fiscal year for the maintenance, repair, and overhaul
workload funded at all the depots of the military department.
``(2) With respect to the fiscal year covered by the defense
budget materials with which the report is included and each of
the two fiscal years prior, an identification of the following:
``(A) The amount of appropriations budgeted for that
fiscal year for depots, further disaggregated by the
type of appropriation.
``(B) The amount budgeted for that fiscal year for
working-capital fund investments by the Secretary of the
military department for the capital budgets of the
covered depots of the military department, shown in
total and further disaggregated by whether the
investment relates to the efficiency of depot
facilities, work environment, equipment, equipment (non-
capital investment program), or processes.
``(C) The total amount required to be invested by
the Secretary of the military department for that fiscal
year for the capital budgets of covered depots pursuant
to section 2476(a) of this title.
``(D) A comparison of the budgeted amount identified
under subparagraph (B) with the total required amount
identified under subparagraph (C).
``(E) For each covered depot of the military
department, of the total required amount identified
under subparagraph (C), the percentage of such amount
allocated, or projected to be allocated, to the covered
depot for that fiscal year.
``(3) For each covered facility of the military department,
the following:
``(A) Information on the average facility condition,
average critical facility condition, restoration and
maintenance
[[Page 136 STAT. 2540]]
project backlog, and average equipment age, including a
description of any changes in such metrics from previous
years.
``(B) Information on the status of the
implementation at the covered facility of the plans and
strategies of the Department of Defense relating to
covered facility improvement, including, as applicable,
the implementation of the strategy required under
section 359 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1323;
10 U.S.C. 2460 note).
``(c) Definitions.--In this section:
``(1) The term `ammunition production facility' means an
ammunition organic industrial base production facility.
``(2) The terms `budget' and `defense budget materials' have
the meaning given those terms in section 234 of this title.
``(3) The term `covered depot' has the meaning given that
term in section 2476 of this title.
``(4) The term `covered facility' means a covered depot or
an ammunition production facility.''.
SEC. 372. EXTENSION OF AUTHORIZATION OF DEPOT WORKING CAPITAL
FUNDS FOR UNSPECIFIED MINOR MILITARY
CONSTRUCTION.
Section 2208(u)(4) of title 10, United States Code, is amended by
striking ``2023'' and inserting ``2025''.
SEC. 373. FIVE-YEAR PLANS FOR IMPROVEMENTS TO DEPOT AND AMMUNITION
PRODUCTION FACILITY INFRASTRUCTURE.
Chapter 146 of title 10, United States Code, <<NOTE: 10 USC prec.
2460.>> is amended by inserting after section 2742 the following new
section (and conforming the table of sections at the beginning of such
chapter accordingly):
``Sec. 2473. <<NOTE: 10 USC 2473.>> Annual five-year plans on
improvement of depot infrastructure
``(a) Submission.--As part of the annual budget submission of the
President under section 1105(a) of title 31, each Secretary of a
military department shall submit to the congressional defense committees
a plan describing the objectives of that Secretary to improve depot
infrastructure during the five fiscal years following the fiscal year
for which such budget is submitted.
``(b) Elements.--Each plan submitted by a Secretary of a military
department under subsection (a) shall include the following:
``(1) With respect to the five-year period covered by the
plan, an identification of the major lines of effort,
milestones, and specific goals of the Secretary over such period
relating to the improvement of depot infrastructure and a
description of how such goals support the goals outlined in
section 359(b)(1)(B) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1324; 10
U.S.C. 2476 note).
``(2) <<NOTE: Cost estimates.>> The estimated costs of
necessary depot infrastructure improvements and a description of
how such costs would be addressed by the Department of Defense
budget request submitted during the same year as the plan and
the applicable future-years defense program.
``(3) Information regarding the plan of the Secretary to
initiate such environmental and engineering studies as may
[[Page 136 STAT. 2541]]
be necessary to carry out planned depot infrastructure
improvements.
``(4) Detailed information regarding how depot
infrastructure improvement projects will be paced and sequenced
to ensure continuous operations.
``(c) Incorporation of Results-oriented Management Practices.--Each
plan under subsection (a) shall incorporate the leading results-oriented
management practices identified in the report of the Comptroller General
of the United States titled `Actions Needed to Improve Poor Conditions
of Facilities and Equipment that Affect Maintenance Timeliness and
Efficiency' (GAO-19-242), or any successor report, including--
``(1) analytically based goals;
``(2) results-oriented metrics;
``(3) the identification of required resources, risks, and
stakeholders; and
``(4) regular reporting on progress to decision makers.''.
SEC. 374. MODIFICATION TO MINIMUM CAPITAL INVESTMENT FOR CERTAIN
DEPOTS.
(a) Modification.--Section 2476 of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking ``Each fiscal year'' and inserting
``(1) Each fiscal year'';
(B) by striking ``six'' and inserting ``eight''; and
(C) by inserting after paragraph (1), as designated
by subparagraph (A), the following new paragraph:
``(2) Of the amount required to be invested in the capital budgets
of the covered depots of a military department under paragraph (1) for
each fiscal year--
``(A) 75 percent shall be used for the modernization or
improvement of the efficiency of depot facilities, equipment,
work environment, or processes in direct support of depot
operations; and
``(B) 25 percent shall be used for the sustainment,
restoration, and modernization (as such terms are defined in the
Department of Defense Financial Management Regulation 7000.14-R,
or successor regulation) of existing facilities or
infrastructure.'';
(2) in subsection (b), by striking ``, but does not include
funds spent for sustainment of existing facilities,
infrastructure, or equipment'';
(3) by redesignating subsections (c) through (e) as
subsections (d) through (f);
(4) by inserting after subsection (b) the following new
subsection:
``(c) Compliance With Certain Requirements Relating to Personnel and
Total Force Management.--In identifying amounts to invest pursuant to
the requirement under subsection (a)(1), the Secretary of a military
department shall comply with all applicable requirements of sections 129
and 129a of this title.''; and
(5) in subsection (e)(2), as redesignated by paragraph (3),
by adding at the end the following new subparagraph:
``(F) A table enumerating, for the period covered by the
report, the amounts invested to meet the requirement under
[[Page 136 STAT. 2542]]
subsection (a)(1), disaggregated by funding source and whether
the amount is allocated pursuant to subparagraph (A) or
subparagraph (B) of subsection (a)(2).''.
(b) Technical and Conforming Amendments.--
(1) In general.--Such section is further amended in
subsections (d) and (e), as redesignated by subsection (a)(3),
by striking ``subsection (a)'' and inserting ``subsection
(a)(1)'' each place it appears.
(2) Additional technical and conforming amendments.--Section
2861(b) of title 10, United States Code, is amended--
(A) by striking ``subsection (e) of section 2476''
and inserting ``subsection (f) of section 2476''; and
(B) by striking ``subsection (a) of such section''
and inserting ``subsection (a)(1) of such section''.
(c) <<NOTE: Effective date. 10 USC 2476 note.>> Applicability.--The
amendments made by this section shall apply with respect to fiscal years
beginning on or after October 1, 2023.
SEC. 375. CONTINUATION OF REQUIREMENT FOR BIENNIAL REPORT ON CORE
DEPOT-LEVEL MAINTENANCE AND REPAIR.
(a) <<NOTE: 10 USC 111 note.>> In General.--Section 1080(a) of the
National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-
92; 129 Stat. 1000; 10 U.S.C. 111 note) does not apply to the report
required to be submitted to Congress under section 2464(d) of title 10,
United States Code.
(b) Conforming Repeal.--Section 1061(c) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat.
2401; 10 U.S.C. 111 note) is amended by striking paragraph (45).
SEC. 376. CONTINUATION OF REQUIREMENT FOR ANNUAL REPORT ON FUNDS
EXPENDED FOR PERFORMANCE OF DEPOT-LEVEL
MAINTENANCE AND REPAIR WORKLOADS.
(a) <<NOTE: 10 USC 111 note.>> In General.--Section 1080(a) of the
National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-
92; 129 Stat. 1000; 10 U.S.C. 111 note) does not apply to the report
required to be submitted to Congress under section 2466(d) of title 10,
United States Code.
(b) Conforming Repeal.--Section 1061(c) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat.
2401; 10 U.S.C. 111 note) is amended by striking paragraph (46).
SEC. 377. <<NOTE: 10 USC 2476 note.>> CLARIFICATION OF
CALCULATION FOR CERTAIN WORKLOAD CARRYOVER
OF DEPARTMENT OF THE ARMY.
For purposes of calculating the amount of workload carryover with
respect to the depots and arsenals of the Department of the Army, the
Secretary of Defense shall authorize the Secretary of the Army to use a
calculation for such carryover that applies a material end of period
exclusion.
Subtitle G--Other Matters
SEC. 381. ANNUAL REPORTS BY DEPUTY SECRETARY OF DEFENSE ON
ACTIVITIES OF JOINT SAFETY COUNCIL.
Section 184(k) of title 10, United States Code is amended--
[[Page 136 STAT. 2543]]
(1) by striking ``Report.--The Chair'' and inserting
``Reports.--(1) The Chair''; and
(2) by adding at the end the following new paragraph:
``(2) Not later than March 31, 2023, and not later than December 31
of each year thereafter, the Deputy Secretary of Defense shall submit to
the congressional defense committees a report containing--
``(A) <<NOTE: Summary.>> a summary of the goals and
priorities of the Deputy Secretary for the year following the
date of the submission of the report with respect to the
activities of the Council; and
``(B) <<NOTE: Assessment.>> an assessment by the Deputy
Secretary of the activities of the Council carried out during
the year preceding the date of such submission.''.
SEC. 382. ACCOUNTABILITY FOR DEPARTMENT OF DEFENSE CONTRACTORS
USING MILITARY WORKING DOGS.
(a) In General.--Chapter 50 of title 10, <<NOTE: 10 USC prec.
991.>> United States Code, is amended by adding at the end the following
new section (and conforming the table of sections at the beginning of
such chapter accordingly):
``Sec. 995. <<NOTE: 10 USC 995.>> Accountability for contractors
using military working dogs
``(a) Annual Reporting Requirement for Contractors.--Each covered
contract shall specify that the contractor is required to submit to the
Under Secretary of Defense (Comptroller), on an annual basis for the
duration of the covered contract, a report containing an identification
of--
``(1) the number of military working dogs that are in the
possession of the covered contractor and located outside of the
continental United States in support of a military operation, if
any; and
``(2) the primary location of any such military working
dogs.
``(b) Covered Contract Defined.--In this section the term `covered
contract' means a contract that the Secretary of Defense determines
involves military working dogs.''.
(b) <<NOTE: Effective date. 10 USC 995 note.>> Applicability.--
Section 995 of title 10, United States Code, as added by subsection (a),
shall apply with respect to a contract entered into on or after the date
of the enactment of this Act.
(c) <<NOTE: Deadlines. Time period.>> Briefing Requirement.--Not
later than March 1, 2023, and annually thereafter for each of the
subsequent three years, the Secretary of Defense shall provide to the
congressional defense committees a briefing on the implementation of
section 995 of title 10, United States Code, as added by subsection (a).
(d) <<NOTE: 10 USC 995 note.>> Deadline for Guidance.--Not later
than 180 days after the date of the enactment of this Act, the Under
Secretary of Defense (Comptroller) shall issue the guidance on the
annual reporting requirement under section 995 of title 10, United
States Code, as added by subsection (a).
(e) <<NOTE: Deadline. 10 USC note prec. 991.>> Regulations to
Prohibit Abandonment.--Not later than two years after the date of the
enactment of this Act, the Secretary of Defense shall issue regulations
to prohibit the abandonment of military working dogs used in support of
a military operation outside of the continental United States.
[[Page 136 STAT. 2544]]
SEC. 383. MEMBERSHIP OF COAST GUARD ON JOINT SAFETY COUNCIL.
Section 184(b)(1) of title 10, United States Code, is amended--
(1) by redesignating subparagraph (D) as subparagraph (E);
and
(2) by inserting after subparagraph (C) the following new
subparagraph:
``(D) During periods in which the Coast Guard is not
operating as a service in the Department of the Navy, an officer
of the Coast Guard, appointed by the Secretary of Homeland
Security.''.
SEC. 384. INCLUSION IN REPORT ON UNFUNDED PRIORITIES NATIONAL
GUARD RESPONSIBILITIES IN CONNECTION WITH
NATURAL AND MAN-MADE DISASTERS.
(a) In General.--In the report required under section 222a of title
10, United States Code, for fiscal year 2024, the officer specified
under subsection (b)(7) of such section shall include as part of the
National Guard unfunded priorities described in subsection (c)(3) of
such section unfunded priorities that relate to non-Federal National
Guard responsibilities in connection with natural and man-made
disasters.
(b) Technical Amendment.--Section 222a(c)(3) of title 10, United
States Code, is amended by striking ``subsection (b)(6)'' both places it
appears and inserting ``subsection (b)(7)''.
SEC. 385. SUPPORT FOR TRAINING OF NATIONAL GUARD PERSONNEL ON
WILDFIRE PREVENTION AND RESPONSE.
Section 351 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 131 Stat. 1367; 32 U.S.C. 501 note) is
amended to read as follows:
``SEC. 351. TRAINING OF NATIONAL GUARD PERSONNEL ON WILDFIRE
PREVENTION AND RESPONSE.
``The Secretary of the Army and the Secretary of the Air Force, in
consultation with the Chief of the National Guard Bureau, may provide
support for the training of appropriate personnel of the National Guard
on wildfire prevention and response. In carrying out this section, the
Secretaries--
``(1) shall give a preference to personnel assigned to
military installations with the highest wildfire suppression
needs, as determined by the Secretaries; and
``(2) may consult with the Executive Board of the National
Interagency Fire Center.''.
SEC. 386. INTERAGENCY COLLABORATION AND EXTENSION OF PILOT PROGRAM
ON MILITARY WORKING DOGS AND EXPLOSIVES
DETECTION.
(a) Extension of Pilot Program.--Section 381(b) of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135
Stat. 1672; 10 U.S.C. 3062 note) is amended by striking ``2024'' and
inserting ``2025''.
(b) Review of Research Efforts of Department of Defense and
Department of Homeland Security.--
(1) Review.--The Secretary of Defense, in coordination with
the Secretary of Homeland Security, shall conduct a review of
the recent and ongoing research, testing, and evaluation efforts
of the Department of Defense and the Department of
[[Page 136 STAT. 2545]]
Homeland Security, respectively, regarding explosives detection
working dogs.
(2) <<NOTE: Analyses.>> Matters.--The review under paragraph
(1) shall include an analysis of the following:
(A) Any recent or ongoing research efforts of the
Department of Defense or the Department of Homeland
Security, respectively, relating to explosives detection
working dogs, and any similarities between such efforts.
(B) Any recent or ongoing veterinary research
efforts of the Department of Defense or the Department
of Homeland Security, respectively, relating to working
dogs, canines, or other areas that may be relevant to
the improvement of the breeding, health, performance, or
training of explosives detection working dogs.
(C) Any research areas relating to explosives
detection working dogs in which there is a need for
ongoing research but no such ongoing research is being
carried out by either the Secretary of Defense or the
Secretary of Homeland Security, particularly with
respect to the health, domestic breeding, and training
of explosives detection working dogs.
(D) How the recent and ongoing research efforts of
the Department of Defense and the Department of Homeland
Security, respectively, may improve the domestic
breeding of working dogs, including explosives detection
working dogs, and the health outcomes and performance of
such domestically bred working dogs, including through
coordination with academic or industry partners with
experience in research relating to working dogs.
(E) Potential opportunities for the Secretary of
Defense to collaborate with the Secretary of Homeland
Security on research relating to explosives detection
working dogs.
(F) Any research partners of the Department of
Defense or the Department of Homeland Security, or both,
that may be beneficial in assisting with the research
efforts and areas described in this subsection.
(c) <<NOTE: Deadline.>> Plan Required.--Not later than 180 days of
the date of the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of Homeland Security, shall submit to
the appropriate congressional committees a plan for the Secretary of
Defense to collaborate, as appropriate, with the Secretary of Homeland
Security on research relating to explosives detection working dogs and
other relevant matters. Such plan shall include the following:
(1) <<NOTE: Analysis.>> An analysis of potential
opportunities for collaboration between the Secretary of Defense
and the Secretary of Homeland Security on the research efforts
and areas described in subsection (a)(2).
(2) An identification of specific programs or areas of
research for such collaboration.
(3) An identification of any additional agreements or
authorities necessary for the Secretaries to carry out such
collaboration.
(4) An identification of additional funding necessary to
carry out such collaboration.
(5) <<NOTE: Analysis.>> An analysis of potential
coordination on the research efforts and areas described in
subsection (a)(2) with academic and industry partners with
experience in research relating to working dogs, including an
identification of potential
[[Page 136 STAT. 2546]]
opportunities for such coordination in carrying out the
collaboration described in paragraph (1).
(6) <<NOTE: Timeline.>> A proposed timeline for the
Secretary of Defense to engage in such collaboration, including
specific proposed deadlines.
(7) A description of how programs carried out pursuant to
this section seek to address the health and welfare issues
identified by the Comptroller General of the United States in
the report titled ``Working Dogs: Federal Agencies Need to
Better Address Health and Welfare'' published on October 19,
2022 (GAO-23-104489).
(8) Any other matters the Secretary of Defense considers
appropriate.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means
the following:
(A) The congressional defense committees.
(B) The Committee on Homeland Security of the House
of Representatives.
(C) The Committee on Homeland Security and
Governmental Affairs of the Senate.
(2) The term ``explosives detection working dog'' means a
canine that, in connection with the work duties of the canine
performed for a Federal department or agency, is certified and
trained to detect odors indicating the presence of explosives in
a given object or area, in addition to the performance of such
other duties for the Federal department or agency as may be
assigned.
SEC. 387. AMENDMENT TO THE SIKES ACT.
(a) Use of Natural Features.--Section 101(a)(3)(A) of the Sikes Act
(16 U.S.C. 670a(a)(3)(A)) is amended--
(1) by redesignating clauses (ii) and (iii) as clauses (iii)
and (iv), respectively; and
(2) by inserting after clause (i) the following:
``(ii) the use of natural and nature-based features
to maintain or improve military installation
resilience;''.
(b) Expanding and Making Permanent the Program for Invasive Species
Management for Military Installations.--Section 101(g) of the Sikes Act
(16 U.S.C. 670a(g)) is amended--
(1) by striking the header and inserting ``Program for
Invasive Species Management for Military Installations''; and
(2) in paragraph (1)--
(A) by striking ``During fiscal years 2009 through
2014, the'' and inserting ``The''; and
(B) by striking ``in Guam''.
SEC. 388. <<NOTE: 10 USC 2661 note.>> NATIONAL STANDARDS FOR
FEDERAL FIRE PROTECTION AT MILITARY
INSTALLATIONS.
(a) <<NOTE: Deadline.>> Standards Required.--Beginning not later
than one year after the date of the enactment of this Act, the Secretary
of Defense shall ensure that--
(1) <<NOTE: Compliance.>> members of the Armed Forces and
employees of Defense Agencies who provide fire protection
services to military installations comply with the national
consensus standards developed by the National Fire Protection
Association;
[[Page 136 STAT. 2547]]
(2) the minimum staffing requirement for any firefighting
vehicle responding to a structural building emergency at a
military installation is not less than four firefighters per
vehicle; and
(3) the minimum staffing requirement for any firefighting
vehicle responding to an aircraft or airfield incident at a
military installation is not less than three firefighters per
vehicle.
(b) Reports Required.--Not later than 180 days after the date of the
enactment of this Act, each Secretary of a military department shall
submit to the Committees on Armed Services of the House of
Representatives and the Senate a report that--
(1) details each instance in which the standards of that
military department deviate from the national consensus
standards specified in subsection (a)(1), and at what military
installation;
(2) includes, for each military installation under the
jurisdiction of that Secretary, a detailed description of
response times for emergency services and firefighting vehicle
staffing levels; and
(3) <<NOTE: Assessment.>> includes an assessment of the
feasibility of requiring compliance with the national consensus
standards specified in subsection (a)(1) in accordance with such
subsection at each military installation under the jurisdiction
of that Secretary (without exception), the cost of requiring
such compliance, and the estimated timeline for that Secretary
to implement such requirement.
(c) Definitions.--In this section:
(1) The terms ``Armed Forces'' and ``Defense Agency'' have
the meanings given such terms in section 101 of title 10, United
States Code.
(2) The term ``firefighter'' has the meaning given that term
in section 707(b) of the National Defense Authorization Act for
Fiscal Year 2020 (Pub. L. 116-92; 10 U.S.C. 1074m note).
(3) The term ``military installation'' has the meaning given
that term in section 2801 of title 10, United States Code.
SEC. 389. <<NOTE: 10 USC 7013 note.>> PILOT PROGRAMS FOR TACTICAL
VEHICLE SAFETY DATA COLLECTION.
(a) <<NOTE: Deadline. Evaluation.>> In General.--Not later than
October 1, 2023, the Secretary of the Army and the Secretary of the Navy
shall each initiate a pilot program to evaluate the utility of using
data recorders to monitor, assess, and improve readiness and the safe
operation of military tactical vehicles in the Army and the Marine
Corps, respectively.
(b) Duration.--Each pilot program initiated under subsection (a)
shall be carried out for a period of not less than two years.
(c) Requirements.--In carrying out a pilot program under this
section, the Secretary of the Army and the Secretary of the Navy each
shall--
(1) select not fewer than one military installation in the
United States under the jurisdiction of the Secretary that
contains the necessary forces, equipment, and maneuver training
ranges to collect data on drivers and military tactical vehicles
during training and routine operation at which to carry out the
pilot program;
[[Page 136 STAT. 2548]]
(2) install data recorders on a sufficient number of each
type of military tactical vehicle specified in subsection (d) to
gain statistically significant results;
(3) select a data recorder capable of collecting and
exporting telemetry data, event data, and driver identification
data during operation and accidents;
(4) establish and maintain a data repository for operation
and event data captured by the data recorder; and
(5) establish processes to leverage operation and event data
to improve individual vehicle operator performance, identify
installation hazards that threaten safe vehicle operation, and
identify vehicle-type specific operating conditions that
increase the risk of accidents or mishaps.
(d) Military Tactical Vehicles Specified.--Military tactical
vehicles specified in this subsection are the following:
(1) High Mobility Multipurpose Wheeled Vehicles.
(2) Family of Medium Tactical Vehicles.
(3) Medium Tactical Vehicle Replacements.
(4) Heavy Expanded Mobility Tactical Trucks.
(5) Light Armored Vehicles.
(6) Stryker armored combat vehicles.
(7) Such other military tactical vehicles as the Secretary
of the Army or the Secretary of the Navy considers appropriate.
(e) <<NOTE: Certification.>> Cyber Risk Exemption.--The Secretary
of the Army or the Secretary of the Navy, as the case may be, may exempt
from a pilot program under this section a military tactical vehicle
specified under subsection (d) if that Secretary submits to the
Committees on Armed Services of the House of Representatives and the
Senate a certification that, with respect to inclusion of the military
tactical vehicle, there is a high potential of cyber risk as a result of
the absence of a cross-domain solution capable of segregating classified
and unclassified data.
(f) <<NOTE: Deadline.>> Implementation Plan.--Not later than 180
days after the date of the enactment of this Act, the Secretary of the
Army and the Secretary of the Navy shall each--
(1) develop plans for implementing the pilot programs under
this section; and
(2) provide to the congressional defense committees a
briefing on those plans and the estimated cost of implementing
those plans.
(g) Report Required.--Not later than December 15, 2024, the
Secretary of the Army and the Secretary of the Navy shall each submit to
the congressional defense committees a report on the respective pilot
programs carried out under this section by the Secretaries, including--
(1) insights and findings regarding the utility of using
data recorders to monitor, assess, and improve readiness and the
safe operation of military tactical vehicles;
(2) adjustments made, or to be made, to the implementation
plans developed under subsection (f); and
(3) any other matters determined appropriate by the
Secretaries.
(h) <<NOTE: Deadline.>> Assessment Required.--Not later than
December 15, 2025, the Secretary of the Army and the Secretary of the
Navy shall jointly submit to the congressional defense committees an
assessment of the pilot programs carried out under this section,
including--
[[Page 136 STAT. 2549]]
(1) insights and findings regarding the utility of using
data recorders to monitor, assess, and improve readiness and the
safe operation of military tactical vehicles;
(2) an assessment of the utility of establishing an enduring
program to use data recorders to monitor, assess, and improve
readiness and the safe operation of military tactical vehicles;
(3) an assessment of the scope, size, and estimated cost of
such an enduring program; and
(4) such other matters as the Secretary of the Army and the
Secretary of the Navy determine appropriate.
SEC. 390. <<NOTE: 10 USC note prec. 771.>> REQUIREMENTS RELATING
TO REDUCTION OF OUT-OF-POCKET COSTS OF
MEMBERS OF THE ARMED FORCES FOR UNIFORM
ITEMS.
(a) <<NOTE: Determinations.>> Tracking Requirement.--The Secretary
of Defense shall take such steps as may be necessary to track the
expected useful life of uniform items for officers and enlisted members
of the Armed Forces, for the purposes of--
(1) estimating the rate at which such uniform items are
replaced;
(2) determining the resulting out-of-pocket costs for such
members over time;
(3) determining the necessity of establishing a uniform
replacement allowance for officers of the Armed Forces, based on
the replacement rate estimated pursuant to paragraph (1) and the
out-of-pocket costs determined pursuant to paragraph (2); and
(4) determining the adequacy of the uniform allowance for
enlisted members of the Armed Forces.
(b) Report.--Not later than 120 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the congressional
defense committees a report on the expected useful life of required
uniform items for members of the Armed Forces, projected changes to such
required uniform items, and related costs anticipated by the Secretary
(disaggregated by Armed Force). Such report shall include--
(1) pricing information for each such item, including items
that are not considered uniquely military; and
(2) <<NOTE: Assessment.>> an assessment of the necessity of
establishing a uniform replacement allowance for officers of the
Armed Forces, as determined pursuant to subsection (a)(3).
SEC. 391. <<NOTE: Deadlines.>> IMPLEMENTATION OF RECOMMENDATIONS
RELATING TO ANIMAL FACILITY SANITATION AND
PLAN FOR HOUSING AND CARE OF HORSES.
(a) Implementation by Secretary of the Army of Certain
Recommendations Relating to Animal Facility Sanitation.--Not later than
March 1, 2023, the Secretary of the Army shall implement the
recommendations contained in the memorandum of the Department of the
Army dated February 25, 2022, the subject of which is ``Animal Facility
Sanitation Inspection Findings for the Fort Myer Caisson Barns/Paddocks
and the Fort Belvoir Caisson Pasture Facility'' (MHCB-RN).
(b) Plan for Housing and Care of All Horses Within Care of Old
Guard.--
(1) In general.--Not later than March 1, 2023, the Secretary
of the Army shall submit to Congress a plan for the
[[Page 136 STAT. 2550]]
housing and care of all horses within the care of the 3rd United
States Infantry (commonly known as the ``Old Guard'').
(2) Elements.--The plan required by paragraph (1) shall
include--
(A) a description of each modification planned or
underway at the Fort Myer Caisson Barns/Paddocks, the
Fort Belvoir Caisson Pasture Facility, and any other
facility or location under consideration for stabling of
the horses described in paragraph (1);
(B) <<NOTE: Virginia.>> an identification of
adequate space at Fort Myer, Virginia, to properly care
for the horses described in paragraph (1);
(C) a prioritization of the allotment of the space
identified under subparagraph (B) over other functions
of Fort Myer that could be placed elsewhere;
(D) <<NOTE: Timeline.>> projected timelines and
resource requirements to execute the plan; and
(E) a description of--
(i) immediate remedies for the unsanitary and
unsafe conditions present at the locations
described in subparagraph (A); and
(ii) how long-term quality of life
improvements will be provided for the horses
described in paragraph (1).
SEC. 392. CONTINUED DESIGNATION OF SECRETARY OF THE NAVY AS
EXECUTIVE AGENT FOR NAVAL SMALL CRAFT
INSTRUCTION AND TECHNICAL TRAINING SCHOOL.
The Secretary of the Navy shall continue, through fiscal year 2023--
(1) to perform the responsibilities of the Department of
Defense executive agent for the Naval Small Craft Instruction
and Technical Training School pursuant to section 352(b) of
title 10, United States Code; and
(2) to provide such support as may be necessary for the
continued operation of such school.
SEC. 393. <<NOTE: 10 USC 8754 note.>> PROHIBITION ON USE OF FUNDS
FOR RETIREMENT OF LEGACY MARITIME MINE
COUNTERMEASURES PLATFORMS.
(a) Prohibition.--Except as provided in subsection (b), the
Secretary of the Navy may not obligate or expend funds to discontinue or
prepare to discontinue, including by making a substantive reduction in
training and operational employment, any element of the Marine Mammal
Program of the Navy, that has been used, or is currently being used,
for--
(1) port security at Navy bases, known as Mark-6 systems; or
(2) mine search capabilities, known as Mark-7 systems.
(b) <<NOTE: Certification.>> Waiver.--The Secretary of the Navy may
waive the prohibition under subsection (a) if the Secretary, with the
concurrence of the Director of Operational Test and Evaluation,
certifies in writing to the congressional defense committees that the
Secretary has--
(1) identified a replacement capability and the necessary
quantity of such capability to meet all operational requirements
currently being met by the Marine Mammal Program, including a
detailed explanation of such capability and quantity;
[[Page 136 STAT. 2551]]
(2) achieved initial operational capability of all
capabilities referred to in paragraph (1), including a detailed
explanation of such achievement; and
(3) deployed a sufficient quantity of capabilities referred
to in paragraph (1) that have achieved initial operational
capability to continue to meet or exceed all operational
requirements currently being met by Marine Mammal Program,
including a detailed explanation of such deployment.
TITLE IV--MILITARY PERSONNEL AUTHORIZATION
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. End strength level matters.
Sec. 403. Additional authority to vary Space Force end strength.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 2023, as follows:
(1) The Army, 452,000.
(2) The Navy, 354,000.
(3) The Marine Corps, 177,000.
(4) The Air Force, 325,344.
(5) The Space Force, 8,600.
SEC. 402. END STRENGTH LEVEL MATTERS.
(a) Strength Levels to Support National Defense Strategy.--
(1) Repeal.--Section 691 of title 10, United States Code, is
repealed.
(2) Table of sections.--The table of sections at the
beginning of chapter 39 of such title <<NOTE: 10 USC prec.
671.>> is amended by striking the item relating to section 691.
(b) Certain Active-duty and Selected Reserve Strengths.--Section 115
of such title is amended--
(1) in subsection (f), by striking ``increase'' each place
it appears and inserting ``vary''; and
(2) in subsection (g)--
(A) in paragraph (1), by striking subparagraphs (A)
and (B) and inserting the following new subparagraphs:
``(A) vary the end strength pursuant to subsection (a)(1)(A)
for a fiscal year for the armed force or forces under the
jurisdiction of that Secretary by a number not equal to more
than two percent of such authorized end strength; and
[[Page 136 STAT. 2552]]
``(B) vary the end strength pursuant to subsection (a)(2)
for a fiscal year for the Selected Reserve of the reserve
component of the armed force or forces under the jurisdiction of
that Secretary by a number equal to not more than one percent of
such authorized end strength.'';
(B) in paragraph (2), by striking ``increase'' each
place it appears and inserting ``variance''; and
(C) by adding at the end the following new paragraph
(3):
``(3) <<NOTE: Notification. Time period.>> The Secretary of the
military department concerned shall promptly notify the congressional
defense committees if such Secretary exceeds a variance under paragraph
(1), and at least once every 90 days thereafter for so long as such end
strength is outside such variance. Each such notification shall include
the following:
``(A) Modified projected end strengths for active and
reserve components of the armed force or forces for which such
Secretary exceeds such variance.
``(B) An identification of any budgetary effects projected
as a result of such modified end strength projections.
``(C) An explanation of any effects on readiness resulting
from such modified end strength projections.''.
SEC. 403. ADDITIONAL AUTHORITY TO VARY SPACE FORCE END STRENGTH.
(a) <<NOTE: Determination.>> In General.--Notwithstanding section
115(g) of title 10, United States Code, upon determination by the
Secretary of the Air Force that such action would enhance manning and
readiness in essential units or in critical specialties, the Secretary
may vary the end strength authorized by Congress for each fiscal year as
follows:
(1) Increase the end strength authorized pursuant to section
115(a)(1)(A) of such title for a fiscal year for the Space Force
by a number equal to not more than 5 percent of such authorized
end strength.
(2) Decrease the end strength authorized pursuant to section
115(a)(1)(A) of such title for a fiscal year for the Space Force
by a number equal to not more than 10 percent of such authorized
end strength.
(b) Termination.--The authority provided under subsection (a) shall
terminate on December 31, 2023.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September 30,
2023, as follows:
(1) The Army National Guard of the United States, 325,000.
(2) The Army Reserve, 177,000.
(3) The Navy Reserve, 57,000.
(4) The Marine Corps Reserve, 33,000.
(5) The Air National Guard of the United States, 108,400.
(6) The Air Force Reserve, 70,000.
(7) The Coast Guard Reserve, 7,000.
[[Page 136 STAT. 2553]]
(b) End Strength Reductions.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve component shall
be proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of the
fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or for
unsatisfactory participation in training) without their consent
at the end of the fiscal year.
(c) End Strength Increases.--Whenever units or individual members of
the Selected Reserve for any reserve component are released from active
duty during any fiscal year, the end strength prescribed for such fiscal
year for the Selected Reserve of such reserve component shall be
increased proportionately by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF
THE RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30, 2023,
the following number of Reserves to be serving on full-time active duty
or full-time duty, in the case of members of the National Guard, for the
purpose of organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United States, 30,845.
(2) The Army Reserve, 16,511.
(3) The Navy Reserve, 10,077.
(4) The Marine Corps Reserve, 2,388.
(5) The Air National Guard of the United States, 25,333.
(6) The Air Force Reserve, 6,003.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
(a) In General.--The minimum number of military technicians (dual
status) as of the last day of fiscal year 2023 for the reserve
components of the Army and the Air Force (notwithstanding section 129 of
title 10, United States Code) shall be the following:
(1) For the Army National Guard of the United States,
22,294.
(2) For the Army Reserve, 6,492.
(3) For the Air National Guard of the United States, 10,994.
(4) For the Air Force Reserve, 7,111.
(b) Limitation on Number of Temporary Military Technicians (dual
Status).--The number of temporary military technicians (dual-status)
employed under the authority of subsection (a) may not exceed 25 percent
of the total authorized number specified in such subsection.
(c) Limitation.--Under no circumstances may a military technician
(dual status) employed under the authority of this section be coerced by
a State into accepting an offer of realignment or conversion to any
other military status, including as a member of the Active, Guard, and
Reserve program of a reserve component. If a military technician (dual
status) declines to participate in
[[Page 136 STAT. 2554]]
such realignment or conversion, no further action will be taken against
the individual or the individual's position.
SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON
ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2023, the maximum number of members of the
reserve components of the Armed Forces who may be serving at any time on
full-time operational support duty under section 115(b) of title 10,
United States Code, is the following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated for fiscal year 2023 for the use of the Armed Forces and
other activities and agencies of the Department of Defense for expenses,
not otherwise provided for, for military personnel, as specified in the
funding table in section 4401.
(b) Construction of Authorization.--The authorization of
appropriations in subsection (a) supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for fiscal year
2023.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Authorized strengths for Space Force officers on active duty
in grades of major, lieutenant colonel, and colonel.
Sec. 502. Distribution of commissioned officers on active duty in
general officer and flag officer grades.
Sec. 503. Redistribution of Naval officers serving on active duty in the
grades of O-8 and O-9.
Sec. 504. Authorized strength after December 31, 2022: general officers
and flag officers on active duty.
Sec. 505. Extension of grade retention for certain officers awaiting
retirement.
Sec. 506. Exclusion of officers serving as lead special trial counsel
from limitations on authorized strengths for general and flag
officers.
Sec. 507. Constructive service credit for certain officers of the Armed
Forces.
Sec. 508. Improvements to the selection of warrant officers in the
military departments for promotion.
Sec. 509. Advice and consent requirement for waivers of mandatory
retirement for Superintendents of military service academies.
Sec. 509A. Modification of reports on Air Force personnel performing
duties of a Nuclear and Missile Operations Officer (13N).
Sec. 509B. Assessments of staffing in the Office of the Secretary of
Defense and other Department of Defense headquarters offices.
Sec. 509C. GAO review of certain officer performance evaluations.
Sec. 509D. Study of chaplains.
Subtitle B--Reserve Component Management
Sec. 511. Inclusion of additional information on the Senior Reserve
Officers' Training Corps in reports accompanying the national
defense strategy.
[[Page 136 STAT. 2555]]
Sec. 512. Expansion of eligibility to serve as an instructor in the
Junior Reserve Officers' Training Corps.
Sec. 513. Backdating of effective date of rank for reserve officers in
the National Guard due to undue delays in Federal
recognition.
Sec. 514. Inspections of the National Guard.
Sec. 515. Authority to waive requirement that performance of Active
Guard and Reserve duty at the request of a Governor may not
interfere with certain duties.
Sec. 516. Continued National Guard support for FireGuard program.
Sec. 517. Enhancement of National Guard Youth Challenge Program.
Sec. 518. Notice to Congress before certain actions regarding units of
certain reserve components.
Sec. 519. Independent study on Federal recognition of National Guard
officers.
Sec. 519A. Review and update of report on geographic dispersion of
Junior Reserve Officers' Training Corps.
Sec. 519B. Briefing on duties of the Army Interagency Training and
Education Center.
Subtitle C--General Service Authorities and Military Records
Sec. 521. Consideration of adverse information by special selection
review boards.
Sec. 522. Expansion of eligibility for direct acceptance of gifts by
members of the Armed Forces and Department of Defense and
Coast Guard employees and their families.
Sec. 523. Limitation of extension of period of active duty for a member
who accepts a fellowship, scholarship, or grant.
Sec. 524. Expansion of mandatory characterizations of administrative
discharges of certain members on the basis of failure to
receive COVID-19 vaccine.
Sec. 525. Rescission of COVID-19 vaccination mandate.
Sec. 526. Temporary exemption from end strength grade restrictions for
the Space Force.
Sec. 527. Notification to next of kin upon the death of a member of the
Armed Forces: study; update; training; report.
Sec. 528. Gender-neutral fitness physical readiness standards for
military occupational specialties of the Army.
Sec. 529. Recurring report regarding COVID-19 mandate.
Sec. 530. Sense of Congress regarding women involuntarily separated from
the Armed Forces due to pregnancy or parenthood.
Subtitle D--Recruitment and Retention
Sec. 531. Treatment of personally identifiable information regarding
prospective recruits.
Sec. 532. Revival and extension of temporary authority for targeted
recruitment incentives.
Sec. 533. Report on recruiting efforts of certain Armed Forces.
Sec. 534. Review of marketing and recruiting of the Department of
Defense.
Sec. 535. Report on Department of Defense recruitment advertising to
racial and ethnic minority communities.
Sec. 536. Improving oversight of military recruitment practices in
public secondary schools.
Sec. 537. Best practices for the retention of certain female members of
the Armed Forces.
Sec. 538. Review of certain personnel policies of special operations
forces.
Sec. 539. Support for members who perform duties regarding remotely
piloted aircraft: study; report.
Sec. 539A. Retention and recruitment of members of the Army who
specialize in air and missile defense systems.
Subtitle E--Military Justice and Other Legal Matters
Sec. 541. Matters in connection with special trial counsel.
Sec. 542. Technical corrections relating to special trial counsel.
Sec. 543. Randomization of court-martial panels.
Sec. 544. Jurisdiction of Courts of Criminal Appeals.
Sec. 545. Special trial counsel of the Department of the Air Force.
Sec. 546. Independent investigation of sexual harassment.
Sec. 547. Primary prevention research agenda and workforce.
Sec. 548. Limitation on availability of funds for relocation of Army CID
special agent training course.
Sec. 549. Review of titling and indexing practices of the Army and
certain other organizations.
Sec. 549A. Briefing and report on resourcing required for implementation
of military justice reform.
[[Page 136 STAT. 2556]]
Sec. 549B. Report on sharing information with counsel for victims of
offenses under the Uniform Code of Military Justice.
Sec. 549C. Dissemination of civilian legal services information.
Subtitle F--Member Education
Sec. 551. Authorization of certain support for military service academy
foundations.
Sec. 552. Individuals from the District of Columbia who may be
considered for appointment to military service academies.
Sec. 553. Agreement by a cadet or midshipman to play professional sport
constitutes a breach of agreement to serve as an officer.
Sec. 554. Naval Postgraduate School and United States Air Force
Institute of Technology: terms of Provosts and Chief Academic
Officers.
Sec. 555. Naval Postgraduate School: attendance by enlisted members.
Sec. 556. Modification of annual report on demographics of military
service academy applicants.
Sec. 557. Study and report on professional military education.
Sec. 558. Report on treatment of China in curricula of professional
military education.
Subtitle G--Member Training and Transition
Sec. 561. Codification of Skillbridge program.
Sec. 562. Pilot program on remote personnel processing in the Army.
Sec. 563. Annual report on members separating from active duty who file
claims for disability benefits.
Sec. 564. Female members of certain Armed Forces and civilian employees
of the Department of Defense in STEM.
Subtitle H--Military Family Readiness and Dependents' Education
Sec. 571. Clarification and expansion of authorization of support for
chaplain-led programs for members of the Armed Forces.
Sec. 572. Pilot program to expand eligibility for enrollment at domestic
dependent elementary and secondary schools: extension;
report.
Sec. 573. Commercial air waiver for next of kin regarding transportation
of remains of casualties.
Sec. 574. Certain assistance to local educational agencies that benefit
dependents of military and civilian personnel.
Sec. 575. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces with enrollment
changes due to base closures, force structure changes, or
force relocations.
Sec. 576. Pilot program on hiring of special needs inclusion
coordinators for Department of Defense child development
centers.
Sec. 577. Promotion of certain child care assistance.
Sec. 578. Industry roundtable on military spouse hiring.
Sec. 579. Recommendations for the improvement of the Military Interstate
Children's Compact.
Sec. 579A. Feasibility of inclusion of au pairs in pilot program to
provide financial assistance to members of the Armed Forces
for in-home child care.
Sec. 579B. Briefing on policies regarding single parents serving as
members of the Armed Forces.
Sec. 579C. Public reporting on certain military child care programs.
Sec. 579D. Briefing on verification of eligible federally connected
children for purposes of Federal impact aid programs.
Sec. 579E. Sense of Congress on rights of parents of children attending
schools operated by the Department of Defense Education
Activity.
Subtitle I--Decorations, Awards, and Other Honors
Sec. 581. Clarification of procedure for boards for the correction of
military records to review determinations regarding certain
decorations.
Sec. 582. Authorizations for certain awards.
Sec. 583. Posthumous appointment of Ulysses S. Grant to grade of General
of the Armies of the United States.
Sec. 584. Enhanced information related to awarding of the Purple Heart.
Subtitle J--Miscellaneous Reports and Other Matters
Sec. 591. Report on non-citizen members of the Armed Forces.
Sec. 592. Notification on manning of afloat naval forces: modifications;
codification.
Sec. 593. Clarification of authority of NCMAF to update Chaplains Hill
at Arlington National Cemetery.
Sec. 594. Disinterment of remains of Andrew Chabrol from Arlington
National Cemetery.
[[Page 136 STAT. 2557]]
Sec. 595. Pilot program on safe storage of personally owned firearms.
Sec. 596. Pilot program on car sharing on remote or isolated military
installations.
Sec. 597. Briefing on the effects of economic inflation on members of
the Armed Forces.
Sec. 598. Study on improvement of access to voting for members of the
Armed Forces overseas.
Sec. 599. Report on incidence of military suicides by military job code.
Sec. 599A. Report on efforts to prevent and respond to deaths by suicide
in the Navy.
Sec. 599B. Report on officer personnel management and the development of
the professional military ethic of the Space Force.
Subtitle A--Officer Personnel Policy
SEC. 501. AUTHORIZED STRENGTHS FOR SPACE FORCE OFFICERS ON ACTIVE
DUTY IN GRADES OF MAJOR, LIEUTENANT
COLONEL, AND COLONEL.
The table in subsection (a)(1) of section 523 of title 10, United
States Code, is amended by inserting after the items relating to the
Marine Corps new items relating to the total number of commissioned
officers (excluding officers in categories specified in subsection (b)
of such section) serving on active duty in the Space Force in the grades
of major, lieutenant colonel, and colonel, respectively, as follows:
``3,900 1,016 782 234
4,300 1,135 873 262
5,000 1,259 845 315
7,000 1,659 1,045 415
10,000 2,259 1,345 565''.
SEC. 502. DISTRIBUTION OF COMMISSIONED OFFICERS ON ACTIVE DUTY IN
GENERAL OFFICER AND FLAG OFFICER GRADES.
Section 525 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``as follows:'' and inserting an em dash;
(B) in paragraph (4)(C), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(5) in the Space Force, if that appointment would result
in more than--
``(A) 2 officers in the grade of general;
``(B) 7 officers in a grade above the grade of major
general; or
``(C) 6 officers in the grade of major
general.'';'';
(2) in subsection (c)--
(A) in paragraph (1)(A), by striking ``and Marine
Corps'' and inserting ``Marine Corps, and Space Force'';
and
(B) in paragraph (2), by striking ``or Marine
Corps'' and inserting ``Marine Corps, or Space Force'';
and
(3) in subsection (d), by striking ``or Commandant of the
Marine Corps'' and inserting ``Commandant of the Marine Corps,
or Chief of Space Operations''.
[[Page 136 STAT. 2558]]
SEC. 503. REDISTRIBUTION OF NAVAL OFFICERS SERVING ON ACTIVE DUTY
IN THE GRADES OF O-8 AND O-9.
Subsection (a)(3) of section 525 of title 10, United States Code, as
amended by section 502, is amended--
(1) in subparagraph (B), by striking ``33'' and inserting
``34''; and
(2) in subparagraph (C), by striking ``50'' and inserting
``49''.
SEC. 504. AUTHORIZED STRENGTH AFTER DECEMBER 31, 2022: GENERAL
OFFICERS AND FLAG OFFICERS ON ACTIVE DUTY.
Section 526a of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``and Marine Corps'' and inserting ``Marine
Corps, and Space Force'';
(B) in paragraph (1), by striking ``220'' and
inserting ``218'';
(C) in paragraph (2), by striking ``151'' and
inserting ``149'';
(D) in paragraph (3), by striking ``187'' and
inserting ``170''; and
(E) by adding at the end the following new
paragraph:
``(5) For the Space Force, 21.''; and
(2) in subsection (b)(2), by adding at the end the following
new subparagraph:
``(E) For the Space Force, 6.''.
SEC. 505. EXTENSION OF GRADE RETENTION FOR CERTAIN OFFICERS
AWAITING RETIREMENT.
Section 601(b)(5) of title 10, United States Code, is amended by
striking ``retirement, but not for more than 60 days.'' and inserting
the following: ``retirement, but--
``(A) subject to subparagraph (B), not for more than
60 days; and
``(B) with respect to an officer awaiting retirement
following not less than one year of consecutive
deployment outside of the United States to a combat zone
(as defined in section 112(c) of the Internal Revenue
Code of 1986) or in support of a contingency operation,
not for more than 90 days.''.
SEC. 506. <<NOTE: 10 USC 526a note.>> EXCLUSION OF OFFICERS
SERVING AS LEAD SPECIAL TRIAL COUNSEL FROM
LIMITATIONS ON AUTHORIZED STRENGTHS FOR
GENERAL AND FLAG OFFICERS.
<<NOTE: Time period.>> During the two-year period beginning on the
date of the enactment of this Act, the limitations in section 526a(a) of
title 10, United States Code, as amended by section 504, shall not apply
to a general or flag officer serving in the position of lead special
trial counsel pursuant to an appointment under section 1044f(a)(2) of
such title.
SEC. 507. CONSTRUCTIVE SERVICE CREDIT FOR CERTAIN OFFICERS OF THE
ARMED FORCES.
(a) Constructive Service Credit for Warrant Officers.--Section 572
of title 10, United States Code, is amended--
(1) by inserting ``(a)'' before ``For the purposes''; and
(2) by adding at the end the following new subsection:
[[Page 136 STAT. 2559]]
``(b) The Secretary concerned shall credit a person who is receiving
an original appointment as a warrant officer in the regular component of
an armed force under the jurisdiction of such Secretary concerned, and
who has advanced education or training or special experience, with
constructive service for such education, training, or experience, as
follows:
``(1) For special training or experience in a particular
warrant officer field designated by the Secretary concerned, if
such training or experience is directly related to the
operational needs of the armed force concerned, as determined by
such Secretary concerned.
``(2) For advanced education in a warrant officer field
designated by the Secretary concerned, if such education is
directly related to the operational needs of the armed force
concerned, as determined by such Secretary concerned.''.
(b) Report.--Not later than February 1, 2027, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report on the amendments made by
subsection (a). Such report shall include--
(1) <<NOTE: Evaluation.>> the evaluation of such amendments
by the Secretary;
(2) <<NOTE: Estimate.>> the estimate of the Secretary
regarding how many individuals are eligible for credit under
subsection (b) of such section, as added by subsection (a); and
(3) <<NOTE: Determination.>> the determination of the
Secretary whether existing special pay for such members is
adequate.
SEC. 508. IMPROVEMENTS TO THE SELECTION OF WARRANT OFFICERS IN THE
MILITARY DEPARTMENTS FOR PROMOTION.
(a) Promotion by Selection Boards: Recommendation; Exclusion From
Consideration.--Section 575 of title 10, United States Code, is amended
by adding at the end the following new subsections:
``(e)(1) In selecting the warrant officers to be recommended for
promotion, a selection board shall, when authorized by the Secretary
concerned, recommend warrant officers of particular merit, pursuant to
guidelines and procedures prescribed by the Secretary concerned, from
among those warrant officers selected for promotion, to be placed higher
on the promotion list contained in the report of such board under
section 576(c) of this title.
``(2) A selection board may recommend that a warrant officer be
placed higher on a promotion list under paragraph (1) only if the
warrant officer receives the recommendation of at least a majority of
the members of the board, unless the Secretary concerned establishes an
alternative requirement. Any such alternate requirement shall be
furnished to the board as part of the guidelines furnished to the board
under section 576 of this title.
``(3) For the warrant officers recommended to be placed higher on a
promotion list under paragraph (1), the board shall recommend the order
in which those warrant officers should be placed on the list.
``(f)(1) Upon the request of a warrant officer, the Secretary
concerned may exclude the warrant officer from consideration for
promotion under this section.
``(2) The Secretary concerned may approve a request of a warrant
officer under paragraph (1) only if--
``(A) the basis for the request is to allow the officer to
complete--
[[Page 136 STAT. 2560]]
``(i) an assignment in support of career
progression;
``(ii) advanced education;
``(iii) <<NOTE: Determination.>> an assignment such
Secretary determines is of significant value to the
Armed Force concerned; or
``(iv) a career progression requirement delayed by
an assignment or education;
``(B) <<NOTE: Determination.>> such Secretary determines
that such exclusion from consideration is in the best interest
of the Armed Force concerned; and
``(C) the officer has not previously failed of selection for
promotion to the grade for which the officer requests exclusion
from consideration.''.
(b) Priority for Promotion of Warrant Officers in Report of
Selection Board.--Subsection (c) of section 576 of such title is amended
to read as follows:
``(c) The names of warrant officers selected for promotion under
this section shall be arranged in the report of such board in the
following order of priority:
``(1) <<NOTE: Determination.>> Warrant officers recommended
under section 575(e) of this title to be placed higher on the
promotion list, in the order in which the board determines.
``(2) Warrant officers otherwise recommended for promotion,
in the order of seniority on the warrant officer active-duty
list.''.
(c) Promotions: How Made; Effective Date.--Section 578(a) of such
title is amended by striking ``of the seniority of such officers on the
warrant officer active-duty list'' and inserting ``set forth in section
576(c) of this title''.
SEC. 509. ADVICE AND CONSENT REQUIREMENT FOR WAIVERS OF MANDATORY
RETIREMENT FOR SUPERINTENDENTS OF MILITARY
SERVICE ACADEMIES.
(a) United States Military Academy.--Section 7321(b) of title 10,
United States Code, is amended by adding at the end the following: ``In
the event a waiver under this subsection is granted, the subsequent
nomination and appointment of such officer having served as
Superintendent of the Academy to a further assignment in lieu of
retirement shall be subject to the advice and consent of the Senate.''.
(b) United States Naval Academy.--Section 8371(b) of title 10,
United States Code, is amended by adding at the end the following: ``In
the event a waiver under this subsection is granted, the subsequent
nomination and appointment of such officer having served as
Superintendent of the Academy to a further assignment in lieu of
retirement shall be subject to the advice and consent of the Senate.''.
(c) United States Air Force Academy.--Section 9321(b) of title 10,
United States Code, is amended by adding at the end the following: ``In
the event a waiver under this subsection is granted, the subsequent
nomination and appointment of such officer having served as
Superintendent of the Academy to a further assignment in lieu of
retirement shall be subject to the advice and consent of the Senate.''.
[[Page 136 STAT. 2561]]
SEC. 509A. MODIFICATION OF REPORTS ON AIR FORCE PERSONNEL
PERFORMING DUTIES OF A NUCLEAR AND
MISSILE OPERATIONS OFFICER (13N).
Section 506(b) of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1682) is amended--
(1) by redesignating paragraph (8) as paragraph (9); and
(2) by inserting after paragraph (7) the following new
paragraph (8):
``(8) A staffing plan for managing personnel in the 13N
career field as the Air Force transitions from the Minuteman III
weapon system to the Sentinel weapon system.''.
SEC. 509B. <<NOTE: Estimates. Time
periods. Plans. Schedules.>> ASSESSMENTS
OF STAFFING IN THE OFFICE OF THE
SECRETARY OF DEFENSE AND OTHER
DEPARTMENT OF DEFENSE HEADQUARTERS
OFFICES.
(a) Office of the Secretary of Defense.--The Secretary of Defense
shall conduct an assessment of staffing of the Office of the Secretary
of Defense. Such assessment shall including the following elements:
(1) A validation of every military staff billet assigned to
the Office of the Secretary of Defense against existing military
personnel requirements.
(2) The estimated effect of returning 15 percent of such
military staff billets to operational activities of the Armed
Forces concerned, over a period of 36 months, would have on the
office of the Secretary of Defense and other Department of
Defense Headquarters Offices.
(3) A plan and milestones for how reductions described in
paragraph (2) would occur, a schedule for such reductions, and
the process by which the billets would be returned to the
operational activities of the Armed Forces concerned.
(b) Office of the Joint Chiefs of Staff.--The Chairman of the Joint
Chiefs of Staff shall conduct an assessment of staffing of the Office of
the Joint Chiefs of Staff. Such assessment shall including the following
elements:
(1) A validation of every military staff billet assigned to
the Office of the Joint Chiefs of Staff against existing
military personnel requirements.
(2) The estimated effect of returning 15 percent of such
military staff billets to operational activities of the Armed
Forces concerned, over a period of 36 months, would have on the
office of the Joint Staff and the Chairman's Controlled
Activities and other related Joint Staff Headquarters Offices.
(3) A plan and milestones for how reductions described in
paragraph (2) would occur, a schedule for such reductions, and
the process by which the billets would be returned to the
operational activities of the Armed Forces concerned.
(c) Interim Briefing and Report.--
(1) <<NOTE: Deadline.>> Interim briefing.--Not later than
April 1, 2023, the Secretary shall provide to the Committees on
Armed Services of the Senate and House of Representatives an
interim briefing on the assessments under subsections (a) and
(b).
(2) Final report.--Not later than one year after the date of
the enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report on the assessments under subsections
(a) and (b). Such report shall include the following:
[[Page 136 STAT. 2562]]
(A) A validation of every military staff billet
assigned to the Office of the Secretary of Defense and
the Joint Staff to include the Chairman's Controlled
Activities against existing military personnel
requirements.
(B) The methodology and process through which such
validation was performed.
(C) <<NOTE: Analysis.>> Relevant statistical
analysis on military billet fill rates against validated
requirements.
(D) <<NOTE: Analysis.>> An analysis of unvalidated
military billets currently performing staff support
functions,
(E) The rationale for why unvalidated military
billets may be required.
(F) The cost of military staff filling both
validated and unvalidated billets.
(G) <<NOTE: Analysis.>> Lessons learned through the
military billet validation process and statistical
analysis under subparagraphs (B) through (F).
(H) Any other matters the Secretary determines
relevant to understanding the use of military staff
billets described in subsections (a) and (b).
(I) <<NOTE: Recommenda- tions.>> Any legislative,
policy or budgetary recommendations of the Secretary
related to the subject matter of the report.
SEC. 509C. GAO REVIEW OF CERTAIN OFFICER PERFORMANCE EVALUATIONS.
(a) <<NOTE: Deadline.>> Review Required.--Not later than one year
after the enactment of this Act, the Comptroller General of the United
States shall review the officer performance reports of each Armed Force
under the jurisdiction of a Secretary of a military department in order
to--
(1) <<NOTE: Study.>> study the fitness report systems used
for the performance evaluation of officers; and
(2) <<NOTE: Recommenda- tions.>> provide to the Secretary of
Defense and the Secretaries of the military departments
recommendations regarding how to improve such systems.
(b) <<NOTE: Analyses.>> Elements.--The review required under
subsection (a) shall include the following:
(1) An analysis of the effectiveness of the fitness report
systems at evaluating and documenting the performance of
officers.
(2) A comparison of the fitness report systems for officers
of each Armed Force described in subsection (a) with best
practices for performance evaluations used by public- and
private-sector organizations.
(3) An analysis of the value of fitness reports in providing
useful information to officer promotion boards.
(4) An analysis of the value of fitness reports in providing
useful feedback to officers being evaluated.
(5) <<NOTE: Recommenda- tions.>> Recommendations to improve
the fitness report systems to--
(A) increase its effectiveness at accurately
evaluating and documenting the performance of officers;
(B) provide more useful information to officer
promotion boards; and
(C) provide more useful feedback regarding evaluated
officers.
[[Page 136 STAT. 2563]]
(c) Access to Data and Records.--The Secretaries of the military
departments shall provide to the Comptroller General sufficient
resources and access to technical data, individuals, organizations, and
records that the Comptroller General requires to complete the review
under this section.
(d) <<NOTE: Reports.>> Submission to Secretaries.--Upon completing
the review under subsection (a), the Comptroller General shall submit to
the Secretary of Defense and the Secretaries of the military departments
a report on the results of the review.
(e) <<NOTE: Deadline.>> Submission to Congress.--Not later than 30
days after the date on which the Secretary of Defense and the
Secretaries of the military departments receive the report under
subsection (d), the Secretary of Defense shall submit to the
congressional defense committees--
(1) <<NOTE: Records.>> an unaltered copy of such report; and
(2) any comments of the Secretary regarding such report.
SEC. 509D. STUDY OF CHAPLAINS.
(a) <<NOTE: Deadline.>> Study Required.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Defense,
in consultation with the Secretaries of the military departments, shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a study of the roles and responsibilities of chaplains.
(b) Elements.--The study under subsection (a) shall include the
following:
(1) The resources (including funding, administrative
support, and personnel) available to support religious programs.
(2) Inclusion of chaplains in resiliency, suicide
prevention, wellness, and other related programs.
(3) The role of chaplains in embedded units, headquarters
activities. and military treatment facilities.
(4) Recruitment and retention of chaplains.
(5) <<NOTE: Analysis.>> An analysis of the number of hours
chaplains spend in roles including pastoral care, religious
services, counseling, and administration.
(6) The results of any surveys that have assessed the roles,
responsibilities and satisfaction of chaplains.
(7) <<NOTE: Review.>> A review of the personnel requirements
for chaplains during fiscal years 2013 through 2022.
(8) Challenges to the abilities of chaplains to offer
ministry services.
Subtitle B--Reserve Component Management
SEC. 511. INCLUSION OF ADDITIONAL INFORMATION ON THE SENIOR
RESERVE OFFICERS' TRAINING CORPS IN
REPORTS ACCOMPANYING THE NATIONAL DEFENSE
STRATEGY.
Section 113(m) of title 10, United States Code, is amended--
(1) by redesignating the second paragraph (8) as paragraph
(11);
(2) by redesignating the first paragraph (8), as paragraph
(10);
(3) by redesignating paragraphs (5), (6), and (7) paragraphs
(7), (8), and (9), respectively; and
[[Page 136 STAT. 2564]]
(4) by inserting after paragraph (4) the following new
paragraphs:
``(5) The number of Senior Reserve Officers' Training Corps
scholarships awarded during the fiscal year covered by the
report, disaggregated by gender, race, and ethnicity, for each
military department.
``(6) The program completion rates and program withdrawal
rates of Senior Reserve Officers' Training Corps scholarship
recipients during the fiscal year covered by the report,
disaggregated by gender, race, and ethnicity, for each military
department.''.
SEC. 512. EXPANSION OF ELIGIBILITY TO SERVE AS AN INSTRUCTOR IN
THE JUNIOR RESERVE OFFICERS' TRAINING
CORPS.
(a) In General.--Section 2031 of title 10, United States Code, is
amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following new
subsection:
``(f)(1) Instead of, or in addition to, detailing officers and
noncommissioned officers on active duty under subsection (c)(1) or
authorizing the employment of retired officers and noncommissioned
officers under subsection (d) or (e), the Secretary of the military
department concerned may authorize qualified institutions to employ as
administrators and instructors in the program officers or
noncommissioned officers who--
``(A)(i) receive honorable discharges--
``(I) after completing at least eight years of
service; and
``(II) not longer than five years before applying
for such employment; or
``(ii)(I) are in an active status; and
``(II) who are not yet eligible for retired pay; and
``(B) apply for such employment.
``(2) <<NOTE: Payments.>> The Secretary of the military department
concerned shall pay to the institution an amount equal to one-half of
the amount to be paid to an instructor pursuant to the JROTC Instructor
Pay Scale for any period.
``(3) Notwithstanding the limitation in paragraph (2), the Secretary
of the military department concerned may pay to the institution more
than one-half of the amount paid to the member by the institution if, as
determined by such Secretary--
``(A) the institution is in an educationally and
economically deprived area; and
``(B) such action is in the national interest.
``(4) Payments under this subsection shall be made from funds
appropriated for that purpose.
``(5) The Secretary of the military department concerned may require
an officer or noncommissioned officer employed under this subsection to
transfer to the Individual Ready Reserve as a condition of such
employment.''.
(b) <<NOTE: Deadline.>> Briefing.--Not later than one year after
the date of the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a briefing regarding--
[[Page 136 STAT. 2565]]
(1) the number of instructors employed pursuant to the
amendment made by subsection (a); and
(2) costs to the Federal Government arising from such
employment.
SEC. 513. BACKDATING OF EFFECTIVE DATE OF RANK FOR RESERVE
OFFICERS IN THE NATIONAL GUARD DUE TO
UNDUE DELAYS IN FEDERAL RECOGNITION.
Paragraph (2) of section 14308(f) of title 10, United States Code,
is amended to read as follows:
``(2) <<NOTE: Time period.>> If there is a delay in extending
Federal recognition in the next higher grade in the Army National Guard
or the Air National Guard to a reserve commissioned officer of the Army
or the Air Force that exceeds 100 days from the date the National Guard
Bureau deems such officer's application for Federal recognition to be
completely submitted by the State and ready for review at the National
Guard Bureau, and the delay was not attributable to the action or
inaction of such officer--
``(A) <<NOTE: Determination.>> in the event of State
promotion with an effective date before January 1, 2024, the
effective date of the promotion concerned under paragraph (1)
may be adjusted to a date determined by the Secretary concerned,
but not earlier than the effective date of the State promotion;
and
``(B) in the event of State promotion with an effective date
on or after January 1, 2024, the effective date of the promotion
concerned under paragraph (1) shall be adjusted by the Secretary
concerned to the later of--
``(i) the date the National Guard Bureau deems such
officer's application for Federal recognition to be
completely submitted by the State and ready for review
at the National Guard Bureau; and
``(ii) the date on which the officer occupies a
billet in the next higher grade.''.
SEC. 514. INSPECTIONS OF THE NATIONAL GUARD.
(a) Element.--Subsection (a) of section 105 of title 32, United
States Code, is amended--
(1) in paragraph (6), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(8) the units and members of the Army National Guard or
Air National Guard comply with Federal law and policy applicable
to the National Guard, including policies issued by the
Secretary of Defense, the Secretary of the military department
concerned, or the Chief of the National Guard Bureau.''.
(b) Report.--Not later than six months after the date of the
enactment of this Act, the Secretary of the Army and the Secretary of
the Air Force shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report on the implementation of
paragraph (8) of such subsection, as added by subsection (a). Such
report shall include the following:
(1) The number of inspections conducted that included
determinations under such paragraph.
(2) With regard to each such inspection--
(A) the date;
[[Page 136 STAT. 2566]]
(B) the unit of the Army National Guard or the Air
National Guard inspected;
(C) the officer who conducted such inspection; and
(D) <<NOTE: Determination.>> the determination of
the officer whether the unit was in compliance with
Federal law and policy applicable to the National Guard.
SEC. 515. <<NOTE: Deadlines.>> AUTHORITY TO WAIVE REQUIREMENT
THAT PERFORMANCE OF ACTIVE GUARD AND
RESERVE DUTY AT THE REQUEST OF A GOVERNOR
MAY NOT INTERFERE WITH CERTAIN DUTIES.
(a) In General.--Section 328(b) of title 32, United States Code, is
amended by adding at the end the following new subsection:
``(c) <<NOTE: Territories. District of Columbia.>> Waiver
Authority.--(1) Notwithstanding section 101(d)(6)(A) of title 10 and
subsection (b) of this section, the Governor of a State or the
Commonwealth of Puerto Rico, Guam, or the Virgin Islands, or the
commanding general of the District of Columbia National Guard, as the
case may be, may, at the request of the Secretary concerned, order a
member of the National Guard to perform Active Guard and Reserve duty
for purposes of performing training of the regular components of the
armed forces as the primary duty.
``(2) <<NOTE: Compliance.>> Training performed under paragraph (1)
must be in compliance with the requirements of section 502(f)(2)(B)(i)
of this title.
``(3) No more than 100 personnel may be granted a waiver by a
Secretary concerned under paragraph (1) at a time.
``(4) <<NOTE: Termination date.>> The authority under paragraph (1)
shall terminate on October 1, 2024.''.
(b) Briefing on Performance of Training as Primary Duty.--Not later
than March 1, 2023, the Secretary of the Army and the Secretary of the
Air Force shall each submit to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives a briefing describing how many members of the National
Guard are performing Active Guard and Reserve duty for purposes of
performing training of the regular components of the Armed Forces as
primary duty.
(c) Briefing on End Strength Requirements.--Not later than October
1, 2024, the Secretary of the Army and the Secretary of the Air Force
shall each submit to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of Representatives a
briefing outlining the end strength requirement going forward for Active
Guard and Reserve forces of the National Guard impacted by subsection
(c) of section 328(b) of title 32, United States Code, as added by
subsection (a) of this section.
SEC. 516. <<NOTE: 32 USC 501 note.>> CONTINUED NATIONAL GUARD
SUPPORT FOR FIREGUARD PROGRAM.
Section 515 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81), is amended--
(1) by inserting ``(a) <SUP>in</SUP> general.--</SUP>''
before ``Until'';
(2) by striking ``September 30, 2026'' and inserting
``September 30, 2029'';
(3) by striking ``support'' and inserting ``carry out'';
(4) by striking ``personnel of the California National
Guard'' and inserting ``National Guard personnel (including from
the
[[Page 136 STAT. 2567]]
Colorado National Guard and the California National Guard)'';
and
(5) by adding at the end the following:
``(b) <<NOTE: Reports. Briefing.>> Transfer.--Until the date
specified in subsection (a), no component (including any analytical
responsibility) of the FireGuard program may be transferred from the
Department of Defense to another entity. If the Secretary seeks to make
such a transfer, the Secretary shall, at least three years before such
transfer, provide to the appropriate congressional committees a written
report and briefing that detail--
``(1) <<NOTE: Plans.>> plans of the Secretary for such
transfer; and
``(2) how such transfer will sustain and improve detection
and monitoring of wildfires.
``(c) Appropriate Congressional Committees Defined.--In this
section, the term `appropriate congressional committees' means the
following:
``(1) The Committee on Armed Services of the Senate.
``(2) The Committee on Armed Services of the House of
Representatives.
``(3) The Select Committee on Intelligence of the Senate.
``(4) The Permanent Select Committee on Intelligence of the
House of Representatives.''.
SEC. 517. ENHANCEMENT OF NATIONAL GUARD YOUTH CHALLENGE PROGRAM.
Section 516 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81) <<NOTE: 135 Stat. 1683.>> is amended, in
subsection (a), by striking ``fiscal year 2022'' and inserting ``fiscal
years 2022 and 2023''.
SEC. 518. <<NOTE: 10 USC 10101 note.>> NOTICE TO CONGRESS BEFORE
CERTAIN ACTIONS REGARDING UNITS OF CERTAIN
RESERVE COMPONENTS.
(a) <<NOTE: Effective date.>> Notice Required; Elements.--The
Secretary of a military department may not take any covered action
regarding a covered unit until the day that is 60 days after the
Secretary of a military department submits to Congress notice of such
covered action. Such notice shall include the following elements:
(1) <<NOTE: Analysis.>> An analysis of how the covered
action would improve readiness.
(2) A description of how the covered action would align with
the National Defense Strategy and the supporting strategies of
each military departments.
(3) A description of any proposed organizational change
associated with the covered action and how the covered action
will affect the relationship of administrative, operational, or
tactical control responsibilities of the covered unit.
(4) <<NOTE: Cost projection.>> The projected cost and any
projected long-term cost savings of the covered action.
(5) A detailed description of any requirements for new
infrastructure or relocation of equipment and assets necessary
for the covered action.
(6) A description of how the covered activity will affect
the ability of the covered Armed Force to accomplish its current
mission.
(b) Applicability.--This section shall apply to any step to perform
covered action regarding a covered unit on or after the date of the
enactment of this Act.
(c) Definitions.--In this section:
[[Page 136 STAT. 2568]]
(1) The term ``covered action'' means any of the following:
(A) To deactivate.
(B) To reassign.
(C) To move the home station.
(2) The term ``covered Armed Force'' means the following:
(A) The Army.
(B) The Navy.
(C) The Marine Corps.
(D) The Air Force.
(E) The Space Force.
(3) The term ``covered unit'' means a unit of a reserve
component of a covered Armed Force.
SEC. 519. INDEPENDENT STUDY ON FEDERAL RECOGNITION OF NATIONAL
GUARD OFFICERS.
(a) Independent Study.--
(1) <<NOTE: Deadline. Contracts. Recommenda- tions.>> In
general.--Not later than 60 days after the date of the enactment
of this Act, the Secretary of Defense shall seek to enter into a
contract with a federally funded research and development center
to conduct a study on the National Guard commissioned officer
and warrant officer promotion system and provide recommendations
to the Department of Defense, the Department of the Air Force,
the Department of the Army, the National Guard Bureau, and
individual State National Guard commands.
(2) <<NOTE: Reviews. Assessments.>> Elements.--The study
referred to in paragraph (1) shall include a comprehensive
review and assessment of the following:
(A) Reasons for delays in processing personnel
actions for Federal recognition of State National Guard
member promotions.
(B) The Federal recognition process used to extend
Federal recognition to State promotions.
(C) Best practices among the various State National
Guards for managing their requirements under the
existing National Guard promotion system.
(D) Possible improvements to requirements, policies,
procedures, workflow, or resources to reduce the
processing time for Federal recognition of state
promotions.
(E) An assessment of the feasibility of developing
or adopting a commercially available solution for an
integrated enterprise information technology system for
managing National Guard officer and warrant officer
promotions that allows seamless transition for
promotions as they move through review at the National
Guard Bureau, the Department of the Army, the Department
of the Air Force, and the Department of Defense.
(F) Possible metrics to evaluate effectiveness of
any recommendations made.
(G) Possible remedies for undue delays in Federal
recognition, including adjustment to the effective date
of promotion beyond current statutory authorities.
(H) Any other matters the federally funded research
and development center determines relevant.
(3) Report.--
[[Page 136 STAT. 2569]]
(A) <<NOTE: Requirement.>> In general.--The
contract under paragraph (1) shall require the federally
funded research and development center that conducts the
study under the contract to submit to the Secretary of
Defense, the Secretary of the Army, the Secretary of the
Air Force, and the Chief of the National Guard Bureau a
report on the results of the study.
(B) <<NOTE: Records.>> Submission to congress.--Upon
receiving the report required under subparagraph (A),
the Secretary of Defense shall submit an unedited copy
of the report results to the congressional defense
committees within 30 days of receiving the report from
the federally funded research and development
corporation.
(b) Reporting Requirement.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and annually thereafter until the
date specified in paragraph (3), the Secretary of Defense, in
consultation with the Secretary of the Army and the Secretary of
the Air Force as appropriate, shall submit to the Committee on
Armed Services of the Senate and the Committee on Armed Services
of the House of Representatives a report detailing the current
status of the Federal recognition process for National Guard
promotions.
(2) Elements.--The report required under paragraph (1) shall
include the following elements:
(A) <<NOTE: Update.>> An update on efforts to
transition to fully digital processes in accordance with
recommendations made pursuant to subsection (a).
(B) The average processing time for personnel
actions related to Federal recognition of reserve
commissioned officer promotions in the Army and Air
National Guards, respectively, including the time in
days from the date at which the National Guard Bureau
received the promotion until the date at which Federal
recognition was granted.
(C) The average time it took during the previous
fiscal year to extend Federal recognition.
(D) <<NOTE: Time period.>> The number of Army and
Air National Guard officers who experienced Federal
recognition delays greater than 90 days in the previous
fiscal year.
(E) <<NOTE: Summary. Time period.>> A summary of
any additional resources or authorities needed to
further streamline the Federal recognition processes to
reduce average Federal recognition processing time to 90
days or fewer.
(F) Any other information that the Secretaries
concerned deem relevant.
(3) Expiration of annual reporting requirement.--The date
referred to in paragraph (1) is such time as the average
processing time for personnel actions described under this
subsection is reduced to 90 days or fewer for each of the Army
and Air National Guards.
SEC. 519A. REVIEW AND UPDATE OF REPORT ON GEOGRAPHIC DISPERSION OF
JUNIOR RESERVE OFFICERS' TRAINING CORPS.
(a) Report: Review; Update.--The Secretary of Defense, in
consultation with the Secretaries of the military departments, shall
review and update the 2017 report from the RAND Corporation titled
``Geographic and Demographic Representativeness of Junior
[[Page 136 STAT. 2570]]
Reserve Officer Training Corps'' (Library of Congress Control Number:
2017950423).
(b) Elements.--The report updated under subsection (a) shall include
the following:
(1) <<NOTE: Assessment.>> An assessment of whether there is
adequate representation in, and reasonable access to, units of
the Junior Reserve Officers' Training Corps (hereinafter,
``JROTC'') for students in all regions of the of the United
States.
(2) <<NOTE: Cost estimate.>> The estimated cost and time to
increase the number of units of JROTC to ensure adequate
representation and reasonable access described in paragraph (1).
(3) <<NOTE: Recommenda-
tions. Determination.>> Recommendations to increase adequate
representation and reasonable access described in paragraph (1)
in areas of the United States that the Secretary of Defense
determines lack such adequate representation and reasonable
access.
(c) Submission.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives the report updated under this section.
SEC. 519B. BRIEFING ON DUTIES OF THE ARMY INTERAGENCY TRAINING AND
EDUCATION CENTER.
<<NOTE: Deadline.>> Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Assistant Secretary of Defense for Homeland Defense and Global
Security and the Chief of the National Guard Bureau, shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a briefing that includes--
(1) <<NOTE: Plan. Cost estimates. Requirements.>> an
organizational plan and an estimate of the annual costs
necessary for the Army Interagency Training and Education Center
to carry out duties assigned to it by the Chief of the National
Guard Bureau; and
(2) the staffing requirements needed to adequately staff
such duties.
Subtitle C--General Service Authorities and Military Records
SEC. 521. CONSIDERATION OF ADVERSE INFORMATION BY SPECIAL
SELECTION REVIEW BOARDS.
Section 628a(a)(1) of title 10, United States Code, is amended--
(1) by inserting ``(A)'' before ``If the Secretary
concerned''; and
(2) by adding at the end the following new subparagraph:
``(B) Nothing in this section shall be construed to prevent a
Secretary concerned from deferring consideration of adverse information
concerning an officer subject to this section until the next regularly
scheduled promotion board applicable to such officer, in lieu of
furnishing such adverse information to a special selection review board
under this section.''.
SEC. 522. EXPANSION OF ELIGIBILITY FOR DIRECT ACCEPTANCE OF GIFTS
BY MEMBERS OF THE ARMED FORCES AND
DEPARTMENT OF DEFENSE AND COAST GUARD
EMPLOYEES AND THEIR FAMILIES.
Section 2601a of title 10, United States Code, is amended--
[[Page 136 STAT. 2571]]
(1) in subsection (b)--
(A) in paragraph (2), by striking ``; or'' and
inserting a semicolon;
(B) by redesignating paragraph (3) as paragraph (4);
and
(C) by inserting after paragraph (2) the following
new paragraph:
``(3) that results in enrollment in a Warriors in Transition
program, as defined in section 738(e) of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239; 10
U.S.C. 1071 note); or''; and
(2) in subsection (c), by striking ``paragraph (1), (2) or
(3) of''.
SEC. 523. LIMITATION OF EXTENSION OF PERIOD OF ACTIVE DUTY FOR A
MEMBER WHO ACCEPTS A FELLOWSHIP,
SCHOLARSHIP, OR GRANT.
(a) Limitation.--Subsection (b) of section 2603 of title 10, United
States Code, is amended by striking ``at least''.
(b) Modernization.--Subsection (a) of such section is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``or his designee'' and inserting
``(or an individual designated by the President)''; and
(B) by striking ``him'' and inserting ``the
member'';
(2) in paragraph (1), by striking ``his field'' and
inserting ``the field of the member'';
(3) in paragraph (3), by striking ``his recognized potential
for future career service'' and inserting ``the recognized
potential for future career service of the member''; and
(4) in the matter following paragraph (3)--
(A) by striking ``his'' both places it appears and
inserting ``the member's''; and
(B) by striking ``him'' and inserting ``the
member''.
SEC. 524. <<NOTE: 10 USC note prec. 1161.>> EXPANSION OF
MANDATORY CHARACTERIZATIONS OF
ADMINISTRATIVE DISCHARGES OF CERTAIN
MEMBERS ON THE BASIS OF FAILURE TO RECEIVE
COVID-19 VACCINE.
Section 736(a) of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 10 U.S.C. 1161 note) is amended--
(1) in the matter preceding paragraph (1), by striking
``During the period of time beginning on August 24, 2021, and
ending on the date that is two years after the date of the
enactment of this Act, any'' and inserting ``Any'';
(2) in paragraph (1) by striking ``; or'' and inserting a
semicolon;
(3) <<NOTE: Time period.>> in paragraph (2), by striking the
period and inserting ``; or''; and
(4) by adding at the end the following new paragraph:
``(3) in the case of a covered member receiving an
administrative discharge before completing the first 180
continuous days of active duty, uncharacterized.''.
SEC. 525. <<NOTE: 10 USC note prec. 1161.>> RESCISSION OF COVID-
19 VACCINATION MANDATE.
<<NOTE: Deadline.>> Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall rescind the
mandate that members of the Armed Forces be vaccinated against COVID-19
[[Page 136 STAT. 2572]]
pursuant to the memorandum dated August 24, 2021, regarding ``Mandatory
Coronavirus Disease 2019 Vaccination of Department of Defense Service
Members''.
SEC. 526. <<NOTE: 10 USC 517 note.>> TEMPORARY EXEMPTION FROM END
STRENGTH GRADE RESTRICTIONS FOR THE SPACE
FORCE.
Section 517 and section 523 (as amended by section 501 of this Act)
of title 10, United States Code, shall not apply to the Space Force
until January 1, 2024.
SEC. 527. <<NOTE: 10 USC note prec. 1471.>> NOTIFICATION TO NEXT
OF KIN UPON THE DEATH OF A MEMBER OF THE
ARMED FORCES: STUDY; UPDATE; TRAINING;
REPORT.
(a) <<NOTE: Deadline.>> Study.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall
conduct a study on the notification processes of the next of kin upon
the death of a member of the Armed Forces. In conducting the study, the
Secretary shall identify the following elements:
(1) The time it takes for such notification to occur after
such death, recovery of remains, and identification of remains.
Such time <<NOTE: Determination. Analysis. Data.>> shall be
determined through an analysis of data regarding cases involving
such notifications.
(2) The effect of media (including social media) and other
forms of communication on such processes.
(3) Means by which the Secretary may improve such processes
to reduce the time described in paragraph (1).
(4) <<NOTE: Recommenda- tions.>> Any legislative
recommendations of the Secretary to improve such processes to
reduce the time described in paragraph (1).
(b) <<NOTE: Review.>> Update.--Upon completion of the study under
subsection (a), the Secretary shall review and update training and
education materials regarding such processes, implementing means
described in subsection (a)(3).
(c) Operational Training.--The Secretary of the military department
concerned shall include a training exercise, using materials updated
(including lessons learned) under subsection (b), regarding a death
described in this section in each major exercise conducted by such
Secretary or the Secretary of Defense.
(d) Report.--Not later one year after the date of the enactment of
this Act, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report
containing--
(1) the results of the study;
(2) a description of the update under subsection (b); and
(3) lessons learned, as described in subsection (c).
SEC. <<NOTE: 10 USC 7013 note.>> 528. GENDER-NEUTRAL FITNESS
PHYSICAL READINESS STANDARDS FOR MILITARY
OCCUPATIONAL SPECIALTIES OF THE ARMY.
Not <<NOTE: Deadline.>> later than 180 days after the date of the
enactment of this Act, the Secretary of the Army shall--
(1) establish gender-neutral physical readiness standards
that ensure soldiers can perform the duties of their respective
military occupational specialties; and
(2) <<NOTE: Briefing. Determination.>> provide to the
Committees on Armed Services of the Senate and House of
Representatives a briefing describing the methodology used to
determine the standards established under paragraph (1).
[[Page 136 STAT. 2573]]
SEC. 529. RECURRING REPORT REGARDING COVID-19 MANDATE.
(a) Report Required.--The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a recurring report regarding the requirement that a member of the Armed
Forces shall receive a vaccination against COVID-19. Each such report
may not contain any personally identifiable information, and shall
contain the following:
(1) With regard to religious exemptions to such
requirement--
(A) the number of such exemptions for which members
applied;
(B) the number of such religious exemptions denied;
(C) the reasons for such denials;
(D) the number of members denied such a religious
exemption who complied with the requirement; and
(E) the number of members denied such a religious
exemption who did not comply with the requirement who
were separated, and with what characterization.
(2) With regard to medical exemptions to such requirement--
(A) the number of such medical exemptions for which
members applied;
(B) the number of such medical exemptions denied;
(C) the reasons for such denials;
(D) the number of members denied such a medical
exemption who complied with the requirement; and
(E) the number of members denied such a medical
exemption who did not comply with the requirement who
were separated, and with what characterization.
(b) Frequency; Termination.--The Secretary shall submit the first
such report not later than 90 days after the date of the enactment of
this Act and every 90 days thereafter until the first of the following
to occur:
(1) The Secretary of Defense lifts such requirement.
(2) The day that is two years after the date of the
enactment of this Act.
SEC. 530. SENSE OF CONGRESS REGARDING WOMEN INVOLUNTARILY
SEPARATED FROM THE ARMED FORCES DUE TO
PREGNANCY OR PARENTHOOD.
(a) Findings.--Congress finds the following:
(1) In June 1948, Congress enacted the Women's Armed
Services Integration Act of 1948, which formally authorized the
appointment and enlistment of women in the regular components of
the Armed Forces.
(2) With the expansion of the Armed Forces to include women,
the possibility arose for the first time that members of the
regular components of the Armed Forces could become pregnant.
(3) The response to such possibilities and actualities was
Executive Order 10240, signed by President Harry S. Truman in
1951, which granted the Armed Forces the authority to
involuntarily separate or discharge a woman if she became
pregnant, gave birth to a child, or became a parent by adoption
or a stepparent.
[[Page 136 STAT. 2574]]
(4) The Armed Forces responded to the Executive order by
systematically discharging any woman in the Armed Forces who
became pregnant.
(5) The Armed Forces were required to offer women who were
involuntarily separated or discharged due to pregnancy the
opportunity to request retention in the military.
(6) The Armed Forces may not have provided required
separation benefits, counseling, or assistance to the members of
the Armed Forces who were separated or discharged due to
pregnancy.
(7) Thousands of members of the Armed Forces were
involuntarily separated or discharged from the Armed Forces as a
result of pregnancy.
(8) Such involuntary separation or discharge from the Armed
Forces on the basis of pregnancy was challenged in Federal
district court by Stephanie Crawford in 1975, whose legal
argument stated that this practice violated her constitutional
right to due process of law.
(9) The Court of Appeals for the Second Circuit ruled in
Stephanie Crawford's favor in 1976 and found that Executive
Order 10240 and any regulations relating to the Armed Forces
that made separation or discharge mandatory due to pregnancy
were unconstitutional.
(10) By 1976, all regulations that permitted involuntary
separation or discharge of a member of the Armed Forces because
of pregnancy or any form of parenthood were rescinded.
(11) Today, women comprise 17 percent of the Armed Forces,
and many are parents, including 12 percent of whom are single
parents.
(12) While military parents face many hardships, today's
Armed Forces provide various lengths of paid family leave for
mothers and fathers, for both birth and adoption of children.
(b) Sense of Congress.--It is the sense of Congress that women who
served in the Armed Forces before February 23, 1976, should not have
been involuntarily separated or discharged due to pregnancy or
parenthood.
Subtitle D--Recruitment and Retention
SEC. 531. TREATMENT OF PERSONALLY IDENTIFIABLE INFORMATION
REGARDING PROSPECTIVE RECRUITS.
(a) Treatment of Personally Identifiable Information.--Section
503(a) of title 10, United States Code, is amended adding at the end the
following new paragraphs:
``(3) PII regarding a prospective recruit collected or
compiled under this subsection shall be kept confidential, and a
person who has had access to such PII may not disclose the
information except for purposes of this section or other purpose
authorized by law.
``(4) In the course of conducting a recruiting campaign, the
Secretary concerned shall--
``(A) <<NOTE: Notification.>> notify a prospective
recruit of data collection policies of the armed force
concerned; and
``(B) permit the prospective recruit to elect not to
participate in such data collection.
[[Page 136 STAT. 2575]]
``(5) <<NOTE: Definition.>> In this subsection, the term
`PII' means personally identifiable information.''.
(b) <<NOTE: 10 USC 503 note.>> Pilot Program on Recruiting.--
(1) Authority.--The Secretary of Defense may conduct a pilot
program (such a program shall be referred to as a ``Military
Recruiting Modernization Program'') to evaluate the feasibility
and effectiveness of collecting and using PRI with modern
technologies to allow the Secretary to more effectively and
efficiently use recruiting resources.
(2) Treatment of prospective recruit information.--PRI
collected under a pilot program under this subsection--
(A) may be used by the Armed Forces and entities
into which the Secretary has entered into an agreement
regarding military recruitment only for purposes of
military recruitment;
(B) <<NOTE: Confidentiality.>> shall be kept
confidential.
(C) <<NOTE: Time period.>> may not be maintained
more than three years after collection; and
(3) Opt-out.--A pilot program under this subsection may
allow a prospective recruit to opt-out of the collection of PRI
regarding such prospective recruit.
(4) Termination.--Any such pilot program shall terminate
three years after implementation.
(5) <<NOTE: Deadline.>> Interim briefing.--Not later than 90
days after the implementing a pilot program under this
subsection, the Secretary shall provide to the Committees on
Armed Services of the Senate and the House of Representatives a
briefing on the pilot program. Such briefing shall include the
following:
(A) The definition, prescribed by the Secretary, of
PRI.
(B) How the Secretary intends to handle privacy
concerns related to the collection of PRI.
(C) Legal concerns over the collection, use, and
maintenance of PRI.
(6) Final report.--Not later than 120 days after the
completion of a pilot program under this subsection, the Under
Secretary of Defense for Personnel and Readiness shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report on the pilot program. Such report shall
include the following:
(A) <<NOTE: Summary.>> A summary of whether and how
the pilot program modernized recruiting efforts.
(B) A description of any efficiencies identified
under the pilot program.
(C) Any violations of privacy laws arising from the
pilot program.
(D) <<NOTE: Recommenda- tions.>> Legislative
recommendations of the Under Secretary arising from this
pilot program.
(7) Definitions.--In this section:
(A) The term ``PRI'' means information, prescribed
by the Secretary of Defense, regarding a prospective
recruit.
(B) The term ``prospective recruit'' means an
individual who is eligible to join the Armed Forces and
is--
(i) 17 years of age or older; or
(ii) in the eleventh grade (or its equivalent)
or higher.
[[Page 136 STAT. 2576]]
SEC. 532. REVIVAL AND EXTENSION OF TEMPORARY AUTHORITY FOR
TARGETED RECRUITMENT INCENTIVES.
Section 522(h) of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 10 U.S.C. 503 note) is--
(1) is revived to read as it did immediately before its
expiration on December 31, 2020; and
(2) is amended--
(A) by striking the semicolon and inserting a comma;
and
(B) by striking ``2020'' and inserting ``2025''.
SEC. 533. REPORT ON RECRUITING EFFORTS OF CERTAIN ARMED FORCES.
(a) Report Required.--Not later than 120 days after the date of the
enactment of this act, the Secretary of Defense, in coordination with
the Secretaries of the military departments, shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on recruiting efforts of the covered Armed Forces.
(b) <<NOTE: Time period.>> Elements.--The report shall contain,
with regards to the covered Armed Forces during fiscal years 2018
through 2022, the following elements:
(1) A comparison of--
(A) the number of active duty enlistments from each
geographic region;
(B) the number of recruiters stationed in each
geographic region; and
(C) advertising dollars spent in each geographic
region, including annual numbers and averages.
(2) A comparison of the number of active duty enlistments
produced by each recruiting battalion, recruiting district, or
recruiting region, the number of recruiters stationed in each
battalion, and advertising dollars spent in support of each
battalion, including annual numbers and averages.
(3) <<NOTE: Analysis.>> An analysis of the geographic
dispersion of enlistments by military occupational specialty.
(4) <<NOTE: Analysis.>> An analysis of the amount of
Federal funds spent on advertising per active duty enlistment by
recruiting battalion, recruiting district, or recruiting region,
and a ranked list of those battalions from most efficient to
least efficient.
(5) A comparison of the race, religion, sex, education
levels, military occupational specialties, and waivers for
enlistment granted to enlistees by geographic region and
recruiting battalion, recruiting district, or recruiting region
of responsibility.
(6) <<NOTE: Assessment.>> An assessment of obstacles that
recruiters face in the field, including access to schools and
administrative support.
(7) Efforts the Secretary of the military department
concerned is taking to mitigate obstacles described in paragraph
(6).
(c) Definitions.--In this section:
(1) The term ``covered Armed Force'' means an Armed Force
under the jurisdiction of the Secretary of a military
department.
(2) The term ``geographic region'' means a region used for
the 2020 decennial census.
[[Page 136 STAT. 2577]]
SEC. 534. REVIEW OF MARKETING AND RECRUITING OF THE DEPARTMENT OF
DEFENSE.
(a) In General.--
<<NOTE: Deadline. Determinations. Evaluation.>> Not later that September
30, 2023, the Comptroller General of the United States, in consultation
with experts determined by the Secretary of Defense, shall evaluate the
marketing and recruiting efforts of the Department of Defense to
determine how to use social media and other technology platforms to
convey to young people the opportunities and benefits of service in the
covered Armed Forces.
(b) Covered Armed Force Defined.--In this section, the term
``covered Armed Force'' means the following:
(1) The Army.
(2) The Navy.
(3) The Marine Corps.
(4) The Air Force.
(5) The Space Force.
SEC. 535. REPORT ON DEPARTMENT OF DEFENSE RECRUITMENT ADVERTISING
TO RACIAL AND ETHNIC MINORITY COMMUNITIES.
Not later than June 1, 2023, the Secretary of Defense shall submit
to the congressional defense committees a report on the efforts of the
Department of Defense to increase marketing and advertising to
adequately reach racial and ethnic minority communities.
SEC. 536. IMPROVING OVERSIGHT OF MILITARY RECRUITMENT PRACTICES IN
PUBLIC SECONDARY SCHOOLS.
<<NOTE: Deadline. Time period.>> Not later than one year after the
date of the enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and House of
Representatives a report on military recruitment practices in public
secondary schools during calendar years 2018 through 2022, including--
(1) the zip codes of public secondary schools visited by
military recruiters; and
(2) the number of recruits from public secondary schools by
zip code and local education agency.
SEC. 537. <<NOTE: 10 USC 481 note.>> BEST PRACTICES FOR THE
RETENTION OF CERTAIN FEMALE MEMBERS OF THE
ARMED FORCES.
The Secretaries of the military departments shall share and
implement best practices regarding the use of retention and exit survey
data to identify barriers and lessons learned to improve the retention
of female members of the Armed Forces under the jurisdiction of such
Secretaries.
SEC. 538. <<NOTE: 10 USC 167 note.>> REVIEW OF CERTAIN PERSONNEL
POLICIES OF SPECIAL OPERATIONS FORCES.
(a) <<NOTE: Determination. Update. Guidance. Processes.>> Review
Required.--The Secretary of Defense shall direct the covered officials
to review (and, if a covered official determines it necessary, update
guidance and processes) matters described in section 167(e)(2)(J) of
title 10, United States Code. <<NOTE: Deadline.>> The covered officials
shall complete such review (and update) not later than 180 days after
the date of the enactment of this Act.
(b) Elements of Review.--The review and updates under subsection (a)
shall address the respective roles of the military departments and the
United States Special Operations Command with respect to the following:
[[Page 136 STAT. 2578]]
(1) Coordination between special operations command and the
military departments regarding recruiting and retention to
ensure that personnel requirements of special operations forces
and the military departments are met appropriately.
(2) Opportunities for members of special operations forces
to enroll in professional military education.
(3) <<NOTE: Assessment.>> Promotion opportunities for
members of special operations forces and an assessment of
whether such opportunities are adequate to fulfill staffing
requirements of special operations forces.
(4) <<NOTE: Data.>> Data sharing between the military
departments and special operations command with respect to
special operations forces personnel.
(5) Any other matter the Secretary of Defense determines
appropriate.
(c) Report Required.--Not later than 90 days after completing the
review (and any updates) under subsection (a), the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and House
of Representatives a report on such review and any resulting updates to
guidance and processes. <<NOTE: Recommenda- tions.>> The report shall
also include any recommendations of the Secretary regarding matters
described in subsection (a) or (b).
(d) Definitions.--In this section:
(1) The term ``covered officials'' means--
(A) the Secretaries of the military departments;
(B) the Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict; and
(C) the Commander of special operations command.
(2) The term ``special operations command'' has the meaning
given that term in section 167(a) of title 10, United States
Code.
(3) The term ``special operations forces'' means the forces
described in section 167(j) of title 10, United States Code.
SEC. 539. SUPPORT FOR MEMBERS WHO PERFORM DUTIES REGARDING
REMOTELY PILOTED AIRCRAFT: STUDY; REPORT.
(a) Study.--The Secretary of Defense shall conduct a study to
identify opportunities to provide more support services to, and greater
recognition of combat accomplishments of, RPA crew. Such study shall
identify the following with respect to each covered Armed Force:
(1) <<NOTE: Applicability.>> Safety policies applicable to
crew of traditional aircraft that apply to RPA crew.
(2) <<NOTE: Applicability.>> Personnel policies, including
crew staffing and training practices, applicable to crew of
traditional aircraft that apply to RPA crew.
(3) Metrics the Secretaries of the military departments use
to evaluate the health of RPA crew.
(4) Incentive pay, retention bonuses, promotion rates, and
career advancement opportunities for RPA crew.
(5) Combat zone compensation available to RPA crew.
(6) Decorations and awards for combat available to RPA crew.
(7) Mental health care available to crew of traditional
aircraft and RPA crew who conduct combat operations.
[[Page 136 STAT. 2579]]
(8) Whether RPA crew receive post-separation health
(including mental health) care equivalent to crew of traditional
aircraft.
(9) An explanation of any difference under paragraph (8).
(b) Report.--Not later than one year after the date of the enactment
of this Act, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report
containing the following:
(1) The results of the study conducted under this section.
(2) <<NOTE: Recommenda- tions.>> Any policy recommendations
of the Secretary regarding such results.
(3) Progress made by the Secretary of the Air Force in
implementing the recommendations of the Comptroller General of
the United States in the following reports:
(A) GAO-19-155, titled ``Unmanned Aerial Systems:
Air Force Pilot Promotion Rates Have Increased but
Oversight Process of Some Positions Could Be Enhanced''.
(B) GAO-20-320, titled ``Unmanned Aerial Systems:
Air Force Should Take Additional Steps to Improve
Aircrew Staffing and Support''.
(c) Definitions.--In this section:
(1) The term ``covered Armed Force'' means an Armed Force
under the jurisdiction of the Secretary of a military
department.
(2) The term ``RPA crew'' means members of covered Armed
Forces who perform duties relating to remotely piloted aircraft.
(3) The term ``traditional aircraft'' means fixed or rotary
wing aircraft operated by an onboard pilot.
SEC. 539A. RETENTION AND RECRUITMENT OF MEMBERS OF THE ARMY WHO
SPECIALIZE IN AIR AND MISSILE DEFENSE
SYSTEMS.
(a) Study.--The Comptroller General of the United States shall study
efforts to retain and recruit members with military occupational
specialties regarding air and missile defense systems of the Army.
(b) <<NOTE: Deadline.>> Interim Briefing.--Not later than 180 days
after the date of the enactment of this Act, the Comptroller General
shall submit to the Committees on Armed Services of the Senate and House
of Representatives a briefing on the status of the study.
(c) Final Report.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report that identifies steps the Secretary of the Army may take to
improve such retention and recruitment.
Subtitle E--Military Justice and Other Legal Matters
SEC. 541. MATTERS IN CONNECTION WITH SPECIAL TRIAL COUNSEL.
(a) Definition of Covered Offense.--
(1) In general.--Section 801(17)(A) of title 10, United
States Code (article 1(17)(A) of the Uniform Code of Military
Justice), as added by section 533 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135
Stat. 1695), is amended by striking ``section 920 (article
[[Page 136 STAT. 2580]]
120)'' and inserting ``section 919a (article 119a), section 920
(article 120), section 920a (article 120a)''.
(2) <<NOTE: 10 USC 801 note.>> Effective date.--The
amendments made by paragraph (1) shall take effect immediately
after the coming into effect of the amendments made by section
533 of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117-81; 135 Stat. 1695) as provided in section
539C of that Act (10 U.S.C. 801 note) and shall apply with
respect to offenses that occur after that date.
(b) Inclusion of Sexual Harassment as Covered Offense.--
(1) In general.--Section 801(17)(A) of title 10, United
States Code (article 1(17)(A) of the Uniform Code of Military
Justice), as added by section 533 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135
Stat. 1695) and amended by subsection (a) of this section, is
further amended--
(A) by striking ``or''; and
(B) by striking ``of this title'' and inserting ``,
or the standalone offense of sexual harassment
punishable under section 934 (article 134) of this title
in each instance in which a formal complaint is made and
such formal complaint is substantiated in accordance
with regulations prescribed by the Secretary
concerned''.
(2) <<NOTE: 10 USC 810 note.>> Effective date.--The
amendments made by paragraph (1) shall take effect on January 1,
2025, and shall apply with respect to offenses that occur after
that date.
(c) Residual Prosecutorial Duties and Other Judicial Functions of
Convening Authorities in Covered
Cases. <<NOTE: President. Regulations. 10 USC 824a note.>> --The
President shall prescribe regulations to ensure that residual
prosecutorial duties and other judicial functions of convening
authorities, including granting immunity, ordering depositions, and
hiring experts, with respect to charges and specifications over which a
special trial counsel exercises authority pursuant to section 824a of
title 10, United States Code (article 24a of the Uniform Code of
Military Justice) (as added by section 531 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat.
1692)), are transferred to the military judge, the special trial
counsel, or other authority as appropriate in such cases by no later
than the effective date established in section 539C of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 10
U.S.C. 801 note), in consideration of due process for all parties
involved in such a case.
(d) <<NOTE: President.>> Amendment to the Rules for Courts-
Martial.--The President shall prescribe in regulation such modifications
to Rule 813 of the Rules for Courts-Martial and other Rules as
appropriate to ensure that at the beginning of each court-martial
convened, the presentation of orders does not in open court specify the
name, rank, or position of the convening authority convening such court,
unless such convening authority is the Secretary concerned, the
Secretary of Defense, or the President.
(e) <<NOTE: Deadline.>> Briefing Required.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Defense
shall provide to the Committees on Armed Services of the Senate and the
House of Representatives a briefing on the progress of the Department of
Defense in implementing this section, including an identification of--
(1) the duties to be transferred under subsection (c);
[[Page 136 STAT. 2581]]
(2) the positions to which those duties will be transferred;
and
(3) any provisions of law or Rules for Courts Martial that
must be amended or modified to fully complete the transfer.
(f) Additional Reporting Relating to Implementation of Subtitle D of
Title V of the National Defense Authorization Act for Fiscal Year
2022.-- <<NOTE: Time period. Assessments.>> Not later than February 1,
2025, and annually thereafter for five years, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report assessing the holistic effect of the
reforms contained in subtitle D of title V of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81) on the
military justice system. The report shall include the following
elements:
(1) An overall assessment of the effect such reforms have
had on the military justice system and the maintenance of good
order and discipline in the ranks.
(2) The percentage of caseload and courts-martial assessed
as meeting, or having been assessed as potentially meeting, the
definition of ``covered offense'' under section 801(17) of title
10, United States Code (article 1(17) of the Uniform Code of
Military Justice) (as added by section 533 of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-
81; 135 17 Stat. 1695)), disaggregated by offense and military
service where possible.
(3) An assessment of prevalence and data concerning
disposition of cases by commanders after declination of
prosecution by special trial counsel, disaggregated by offense
and military service when possible.
(4) Assessment of the effect, if any, the reforms contained
in such subtitle have had on non-judicial punishment concerning
covered and non-covered offenses.
(5) A description of the resources and personnel required to
maintain and execute the reforms made by such subtitle during
the reporting period relative to fiscal year 2022.
(6) A description of any other factors or matters considered
by the Secretary to be important to a holistic assessment of
those reforms on the military justice system.
SEC. 542. TECHNICAL CORRECTIONS RELATING TO SPECIAL TRIAL COUNSEL.
(a) Technical Corrections.--Section 824a(c)(3) of title 10, United
States Code (article 24a(c)(3) of the Uniform Code of Military Justice),
is amended--
(1) by striking ``Subject to paragraph (4)'' and inserting
``Subject to paragraph (5)''; and
(2) in subparagraph (D), by striking ``an ordered
rehearing'' and inserting ``an authorized rehearing''.
(b) <<NOTE: 10 USC 824a note.>> Effective Date.--The amendments made
by subsection (a) shall take effect immediately after the coming into
effect of the amendments made by section 531 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat.
1692) as provided in section 539C of that Act (10 U.S.C. 801 note).
[[Page 136 STAT. 2582]]
SEC. 543. <<NOTE: President.>> RANDOMIZATION OF COURT-MARTIAL
PANELS.
(a) In General.--Section 825(e) of title 10, United States Code
(article 25(e) of the Uniform Code of Military Justice), is amended by
adding at the end the following new paragraph:
``(4) <<NOTE: Regulations.>> When convening a court-martial, the
convening authority shall detail as members thereof members of the armed
forces under such regulations as the President may prescribe for the
randomized selection of qualified personnel, to the maximum extent
practicable.''.
(b) <<NOTE: 10 USC 825 note.>> Effective Date.--The amendment made
by subsection (a) shall take effect on the date that is two years after
the date of the enactment of this Act and shall apply with respect to
courts-martial convened on or after that effective date.
(c) <<NOTE: Deadline. 10 USC 825 note.>> Regulations.--Not later
than the effective date specified in subsection (b), the President shall
prescribe regulations implementing the requirement under paragraph (4)
of section 825(e) of title 10, United States Code (article 25(e) of the
Uniform Code of Military Justice), as added by subsection (a) of this
section.
SEC. 544. JURISDICTION OF COURTS OF CRIMINAL APPEALS.
(a) Waiver of Right to Appeal; Withdrawal of Appeal.--Section 861(d)
of title 10, United States Code (article 61(d) of the Uniform Code of
Military Justice), is amended by striking ``A waiver'' and inserting
``Except as provided by section 869(c)(2) of this title (article
69(c)(2)), a waiver''.
(b) Jurisdiction.--Section 866 of title 10, United States Code
(article 66 of the Uniform Code of Military Justice), is amended--
(1) in subsection (b)(1), by striking ``shall have
jurisdiction over'' and all that follows through the period at
the end of subparagraph (D) and inserting the following: ``shall
have jurisdiction over--
``(A) a timely appeal from the judgment of a court-martial,
entered into the record under section 860c(a) of this title
(article 60c(a)), that includes a finding of guilty; and
``(B) a summary court-martial case in which the accused
filed an application for review with the Court under section
869(d)(1) of this title (article 69(d)(1)) and for which the
application has been granted by the Court.''; and
(2) in subsection (c), by striking ``is timely if'' and all
that follows through the period at the end of paragraph (2) and
inserting the following: ``is timely if--
``(1) in the case of an appeal under subparagraph (A) of
such subsection, it is filed before the later of--
``(A) <<NOTE: Time period.>> the end of the 90-day
period beginning on the date the accused is provided
notice of appellate rights under section 865(c) of this
title (article 65(c)); or
``(B) the date set by the Court of Criminal Appeals
by rule or order; and
``(2) in the case of an appeal under subparagraph (B) of
such subsection, an application for review with the Court is
filed not later than the earlier of the dates established under
section 869(d)(2)(B) of this title (article 69(d)(2)(B)).''.
(c) Review by Judge Advocate General.--Section 869 of title 10,
United States Code (article 69 of the Uniform Code of Military Justice),
is amended--
(1) by amending subsection (a) to read as follows:
[[Page 136 STAT. 2583]]
``(a) In General.--Upon application by the accused or receipt of the
record pursuant to section 864(c)(3) of this title (article 64(c)(3))
and subject to subsections (b), (c), and (d), the Judge Advocate General
may--
``(1) with respect to a summary court-martial, modify or set
aside, in whole or in part, the findings and sentence; or
``(2) with respect to a general or special court-martial,
order such court-martial to be reviewed under section 866 of
this title (article 66).''; and
(2) in subsection (b)--
(A) by inserting ``(1)'' before ``To qualify''; and
(B) by striking ``not later than one year after''
and all that follows through the period at the end and
inserting the following: ``not later than--
``(A) for a summary court-martial, one year after the date
of completion of review under section 864 of this title (article
64); or
``(B) <<NOTE: Deadlines. Notice.>> for a general or special
court-martial, one year after the end of the 90-day period
beginning on the date the accused is provided notice of
appellate rights under section 865(c) of this title (article
65(c)), unless the accused submitted a waiver or withdrawal of
appellate review under section 861 of this title (article 61)
before being provided notice of appellate rights, in which case
the application must be submitted to the Judge Advocate General
not later than one year after the entry of judgment under
section 860c of this title (article 60c).
``(2) <<NOTE: Extension.>> The Judge Advocate General may, for good
cause shown, extend the period for submission of an application, except
that--
``(A) in the case of an application for review of a summary
court martial, the Judge Advocate may not consider an
application submitted more than three years after the completion
date referred to in paragraph (1)(A); and
``(B) in case of an application for review of a general or
special court-martial, the Judge Advocate may not consider an
application submitted more than three years after the end of the
applicable period under paragraph (1)(B).'';
(3) in subsection (c)--
(A) in paragraph (1)(A), by striking ``section 864
or 865(b) of this title (article 64 or 65(b))'' and
inserting ``section 864 of this title (article 64)'';
and
(B) in paragraph (2), by striking ``the Judge
Advocate General shall order appropriate corrective
action under rules prescribed by the President'' and
inserting ``the Judge Advocate General shall send the
case to the Court of Criminal Appeals''; and
(4) in subsection (d)--
(A) in paragraph (1), by striking ``under subsection
(c)--'' and all that follows through ``(B) in a case
submitted'' and inserting ``under subsection (c)(1) in a
case submitted''; and
(B) in paragraph (2), in the matter preceding
subparagraph (A), by striking ``paragraph (1)(B)'' and
inserting ``paragraph (1)''.
(d) <<NOTE: 10 USC 861 note.>> Applicability.--The amendments made
by this section shall not apply to--
[[Page 136 STAT. 2584]]
(1) any matter that was submitted before the date of the
enactment of this Act to a Court of Criminal Appeals established
under section 866 of title 10, United States Code (article 66 of
the Uniform Code of Military Justice); or
(2) any matter that was submitted before the date of the
enactment of this Act to a Judge Advocate General under section
869 of such title (article 69 of the Uniform Code of Military
Justice).
SEC. 545. SPECIAL TRIAL COUNSEL OF THE DEPARTMENT OF THE AIR
FORCE.
(a) In General.--Section 1044f of title 10, United States Code, is
amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``The policies shall'' and inserting ``Subject
to subsection (c), the policies shall'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new
subsection:
``(c) Special Trial Counsel of Department of the Air Force.--In
establishing policies under subsection (a), the Secretary of Defense
shall--
``(1) in lieu of providing for separate offices for the Air
Force and Space Force under subsection (a)(1), provide for the
establishment of a single dedicated office from which office the
activities of the special trial counsel of the Department of the
Air Force shall be supervised and overseen; and
``(2) in lieu of providing for separate lead special trial
counsels for the Air Force and Space Force under subsection
(a)(2), provide for the appointment of one lead special trial
counsel who shall be responsible for the overall supervision and
oversight of the activities of the special trial counsel of the
Department of the Air Force.''.
(b) <<NOTE: 10 USC 1044f note.>> Effective Date.--The amendments
made subsection (a) shall take effect immediately after the coming into
effect of the amendments made by section 532 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat.
1694) as provided in section 539C of that Act (10 U.S.C. 801 note).
SEC. 546. INDEPENDENT INVESTIGATION OF SEXUAL HARASSMENT.
(a) Definitions.--Subsection (e) of section 1561 of title 10, United
States Code, as amended by section 543 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat.
1709), is amended to read as follows:
``(e) Definitions.--In this section:
``(1) The term `independent investigator' means a civilian
employee of the Department of Defense or a member of the Army,
Navy, Marine Corps, Air Force, or Space Force who--
``(A) is outside the immediate chain of command of
the complainant and the subject of the investigation;
and
``(B) <<NOTE: Determination.>> is trained in the
investigation of sexual harassment, as determined by--
``(i) the Secretary of Defense, in the case of
a civilian employee of the Department of Defense;
``(ii) the Secretary of the Army, in the case
of a member of the Army;
[[Page 136 STAT. 2585]]
``(iii) the Secretary of the Navy, in the case
of a member of the Navy or Marine Corps; or
``(iv) the Secretary of the Air Force, in the
case of a member of the Air Force or Space Force.
``(2) The term `sexual harassment' means conduct that
constitutes the offense of sexual harassment as punishable under
section 934 of this title (article 134) pursuant to the
regulations prescribed by the Secretary of Defense for purposes
of such section (article).''.
(b) <<NOTE: 10 USC 1561 note.>> Effective Date.--The amendment made
by subsection (a) shall take effect immediately after the coming into
effect of the amendments made by section 543 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat.
1709) as provided in subsection (c) of that section.
SEC. 547. PRIMARY PREVENTION RESEARCH AGENDA AND WORKFORCE.
(a) Annual Primary Prevention Research Agenda.--Section 549A(c) of
the National Defense Authorization Act for Fiscal Year 2022 (Public Law
117-81; 135 Stat. 1722) <<NOTE: 10 USC note prec. 1561.>> is amended--
(1) by redesignating paragraphs (2), (3), and (4) as
paragraphs (5), (6), and (7), respectively;
(2) by inserting after paragraph (1) the following new
paragraphs:
``(2) include a focus on whether and to what extent sub-
populations of the military community may be targeted for
interpersonal violence more than others;
``(3) seek to identify factors that influence the
prevention, perpetration, and victimization of interpersonal and
self-directed violence;
``(4) seek to improve the collection and dissemination of
data on hazing and bullying related to interpersonal and self-
directed violence;''; and
(3) by amending paragraph (6), as redesignated by paragraph
(1) of this section, to read as follows:
``(6) incorporate collaboration with other Federal
departments and agencies, including the Department of Health and
Human Services and the Centers for Disease Control and
Prevention, State governments, academia, industry, federally
funded research and development centers, nonprofit
organizations, and other organizations outside of the Department
of Defense, including civilian institutions that conduct similar
data-driven studies, collection, and analysis; and''.
(b) Primary Prevention Workforce.--Section 549B of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135
Stat. 1722) <<NOTE: 10 USC note prec. 501.>> is amended--
(1) in subsection (c)--
(A) in paragraph (2), by striking ``subsection (a)''
and inserting ``paragraph (1)''; and
(B) by adding at the end the following new
paragraph:
``(3) Comptroller general report.--Not later than one year
after the date of the enactment of this paragraph, the
Comptroller General of the United States shall submit to the
congressional defense committees a report that--
[[Page 136 STAT. 2586]]
``(A) compares the sexual harassment and prevention
training of the Department of Defense with similar
programs at other departments and agencies of the
Federal Government; and
``(B) includes relevant data collected by colleges
and universities and other relevant outside entities on
hazing and bullying and interpersonal and self-directed
violence.''; and
(2) by adding at the end the following new subsection:
``(e) Incorporation of Research and Findings.--The Secretary of
Defense shall ensure that the findings and conclusions from the primary
prevention research agenda established under section 549A are regularly
incorporated, as appropriate, within the primary prevention workforce
established under subsection (a).''.
SEC. 548. LIMITATION ON AVAILABILITY OF FUNDS FOR RELOCATION OF
ARMY CID SPECIAL AGENT TRAINING COURSE.
(a) <<NOTE: Plans.>> Limitation.--None of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal year
2023 for the Army may be obligated or expended to relocate an Army CID
special agent training course until--
(1)(A) the Secretary of the Army submits to the Committees
on Armed Services of the Senate and the House of
Representatives--
(i) <<NOTE: Evaluation.>> the evaluation and plan
required by subsection (a) of section 549C of the
National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81; 135 Stat. 1724);
(ii) the implementation plan required by subsection
(b) of such section; and
(iii) <<NOTE: Reports.>> a separate report on any
plans of the Secretary to relocate an Army CID special
agent training course, including an explanation of the
business case for any transfer of training personnel
proposed as part of such plan;
(B) <<NOTE: Briefing.>> the Secretary provides to the
Committee on Armed Services of the House of Representatives a
briefing on the contents of each report specified in
subparagraph (A); and
(C) <<NOTE: Time period.>> a period of 90 days has elapsed
following the briefing under subparagraph (B); and
(2) <<NOTE: Certification. Compliance.>> the Secretary
submits a written certification to the Committees on Armed
Services of the Senate and the House of Representatives
indicating that the Army has fully complied with subsection (c)
of section 549C of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1724) with regard
to locations at which military criminal investigative training
is conducted.
(b) Definitions.--In this section:
(1) The term ``relocate'', when used with respect to an Army
CID special agent training course, means the transfer of such
course to a location different than the location used for such
course as of the date of the enactment of this Act.
(2) The term ``Army CID special agent training course''
means a training course provided to members of the Army to
prepare such members for service as special agents in the Army
Criminal Investigation Division.
[[Page 136 STAT. 2587]]
SEC. 549. <<NOTE: 10 USC 1552 note.>> REVIEW OF TITLING AND
INDEXING PRACTICES OF THE ARMY AND CERTAIN
OTHER ORGANIZATIONS.
(a) <<NOTE: Deadline. Determination.>> Review of Titling an
Indexing Decisions.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Army shall review the case
file of each member or former member of the Army, the Army Reserve, or
the Army National Guard who was titled or indexed in connection with the
Guard Recruiting Assistance Program, the Army Reserve Recruiting
Assistance Program, or any related activity to determine the
appropriateness of the titling or indexing decision that was made with
respect to such member or former member.
(b) Factors to Be Considered.--In reviewing a titling or indexing
decision under subsection (a), the Secretary of the Army shall
consider--
(1) the likelihood that the member or former member to whom
the decision pertains will face future criminal prosecution or
other adverse action on the basis of the facts in the record at
the time of the review;
(2) the appropriate evidentiary standard to apply to the
review of the decision; and
(3) such other circumstances or factors as the Secretary
determines are in the interest of equity and fairness.
(c) Notification and Appeal.--
(1) In general.--Upon the completion of each review under
subsection (a), the Secretary of the Army shall notify the
member or former member concerned of such review, the
disposition of the relevant instance of titling or indexing, and
the mechanisms the member or former member may pursue to seek
correction, removal, or expungement of that instance of titling
or indexing.
(2) Notification of next of kin.--In a case in which a
member or former member required to be notified under paragraph
(1) is deceased, the Secretary of the Army shall provide the
notice required under such paragraph to the primary next of kin
of the member or former member.
(d) <<NOTE: Determination.>> Actions by the Secretary of the Army.--
If the Secretary of the Army determines that correction, removal, or
expungement of an instance of titling or indexing is appropriate after
considering the factors under subsection (b), the Secretary of the Army
may request that the name, personally identifying information, and other
information relating to the individual to whom the titling or indexing
pertains be corrected in, removed from, or expunged from, the following:
(1) A law enforcement or criminal investigative report of
the Department of Defense or any component of the Department.
(2) An index item or entry in the Department of Defense
Central Index of Investigations (DCII).
(3) Any other record maintained in connection with a report
described in paragraph (1), or an index item or entry described
in paragraph (2), in any system of records, records database,
records center, or repository maintained by or on behalf of the
Department, including entries in the Federal Bureau of
Investigation's Interstate Identification Index or any successor
system.
(e) Report of Secretary of the Army.--Not later than 180 days after
the completion of the review required by subsection
[[Page 136 STAT. 2588]]
(a), the Secretary of the Army shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report on the
results of the review. The report shall include the following:
(1) The total number of instances of titling and indexing
reviewed under such subsection.
(2) The number of cases in which action was taken to
correct, remove, or expunge an instance of titling or indexing.
(3) The number of members and former members who remain
titled after the conclusion of the review.
(4) The number of members and former members who remain
indexed after the conclusion of the review.
(5) A brief description of the reasons the members and
former members counted under paragraphs (3) and (4) remain
titled or indexed.
(6) Such other matters as the Secretary determines
appropriate.
(f) Secretary of Defense Review and Report.--
(1) Review.--The Secretary of Defense shall conduct a review
the titling and indexing practices of the criminal investigative
organizations of the Armed Forces. Such review shall include--
(A) <<NOTE: Assessment.>> an assessment of the
practices of titling and indexing and the continued
relevance of such practices to the operation of such
criminal investigative organizations;
(B) <<NOTE: Evaluation.>> an evaluation of the
suitability of the evidentiary requirements and related
practices for titling and indexing in effect at the time
of the review; and
(C) <<NOTE: Recommenda- tions.>> the development of
recommendations, as appropriate, to improve the
consistency, accuracy, and utility of the titling and
indexing processes across such criminal investigative
organizations.
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report on the results of the review conducted
under paragraph (1).
(g) Definitions.--In this section:
(1) The term ``titling'' means the practice of identifying
an individual as the subject of a criminal investigation the
records of a military criminal investigative organization and
storing such information in a database or other records system.
(2) The term ``indexing'' means the practice of submitting
an individual's name or other personally identifiable
information to the Federal Bureau of Investigation's Interstate
Identification Index, or any successor system.
SEC. 549A. BRIEFING AND REPORT ON RESOURCING REQUIRED FOR
IMPLEMENTATION OF MILITARY JUSTICE
REFORM.
(a) Briefing and Report Required.--
(1) <<NOTE: Deadlines. Time period. Termination
date.>> Briefing.--Not later than March 1, 2023, and no less
frequently than once every 180 days thereafter through December
31, 2024, each Secretary concerned shall provide to the
appropriate congressional committees a briefing that details the
resourcing necessary to implement subtitle D of title V of the
National Defense Authorization Act for Fiscal
[[Page 136 STAT. 2589]]
Year 2022 (Public Law 117-81) and the amendments made by that
subtitle.
(2) Report.--Not later than one year after the date of the
enactment of this Act, each Secretary concerned shall submit to
the appropriate congressional committees a report that details
the resourcing necessary to implement subtitle D of title V of
the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81) and the amendments made by that subtitle.
(3) Form of briefing and report.--The Secretaries concerned
may provide the briefings and report required under paragraphs
(1) and (2) jointly, or separately, as determined appropriate by
such Secretaries.
(b) Elements.--The briefing and report required under subsection (a)
shall address the following:
(1) The number of personnel and personnel authorizations
(military and civilian) required by the Armed Forces to
implement and execute the provisions of subtitle D of title V of
the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81) and the amendments made by that subtitle.
(2) The basis for the numbers provided pursuant to paragraph
(1), including the following:
(A) A description of the organizational structure in
which such personnel or groups of personnel are or will
be aligned.
(B) The nature of the duties and functions to be
performed by any such personnel or groups of personnel
across the domains of policy-making, execution,
assessment, and oversight.
(C) The optimum caseload goal assigned to the
following categories of personnel who are or will
participate in the military justice process: criminal
investigators of different levels and expertise,
laboratory personnel, defense counsel, special trial
counsel, military defense counsel, military judges,
military magistrates, and paralegals.
(D) Any required increase in the number of personnel
currently authorized in law to be assigned to the Armed
Force concerned.
(3) The nature and scope of any contract required by the
Armed Force concerned to implement and execute the provisions of
subtitle D of title V of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81) and the amendments made
by that subtitle.
(4) The amount and types of additional funding required by
the Armed Force concerned to implement the provisions of
subtitle D of title V of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81) and the amendments made
by that subtitle.
(5) Any additional authorities required to implement the
provisions of subtitle D of title V of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81) and
the amendments made by that subtitle.
(6) Any additional information the Secretary concerned
determines is necessary to ensure the manning, equipping, and
resourcing of the Armed Forces to implement and execute the
provisions of subtitle D of title V of the National Defense
[[Page 136 STAT. 2590]]
Authorization Act for Fiscal Year 2022 (Public Law 117-81) and
the amendments made by that subtitle.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services, the Committee
on Commerce, Science, and Transportation, and the
Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee
on Transportation and Infrastructure, and the Committee
on Appropriations of the House of Representatives.
(2) The term ``Secretary concerned'' has the meaning given
that term in section 101(a) of title 10, United States Code.
SEC. 549B. REPORT ON SHARING INFORMATION WITH COUNSEL FOR VICTIMS
OF OFFENSES UNDER THE UNIFORM CODE OF
MILITARY JUSTICE.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act, the Defense Advisory Committee on Investigation,
Prosecution, and Defense of Sexual Assault in the Armed Forces (referred
to in this section as the ``Advisory Committee'') shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives and each Secretary concerned a report on the feasibility
and advisability of establishing a uniform policy for the sharing of the
information described in subsection (c) with a Special Victims' Counsel,
Victims' Legal Counsel, or other counsel representing a victim of an
offense under chapter 47 of title 10, United States Code (the Uniform
Code of Military Justice).
(b) Elements.--The report under subsection (a) shall include the
following:
(1) <<NOTE: Assessment.>> An assessment of the feasibility
and advisability of establishing the uniform policy described in
subsection (a), including an assessment of the potential effects
of such a policy on--
(A) the privacy of individuals;
(B) the criminal investigative process; and
(C) the military justice system generally.
(2) <<NOTE: Determination.>> If the Advisory Committee
determines that the establishment of such a policy is feasible
and advisable, a description of--
(A) the stages of the military justice process at
which the information described in subsection (c) should
be made available to counsel representing a victim; and
(B) any circumstances under which some or all of
such information should not be shared.
(3) <<NOTE: Recommenda- tions.>> Such recommendations for
legislative or administrative action as the Advisory Committee
considers appropriate.
(c) Information Described.--The information described in this
subsection is the following:
(1) Any recorded statements of the victim to investigators.
(2) The record of any forensic examination of the person or
property of the victim, including the record of any sexual
assault forensic exam of the victim that is in possession of
investigators or the Government.
(3) Any medical record of the victim that is in the
possession of investigators or the Government.
[[Page 136 STAT. 2591]]
(d) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in section
101(a)(9) of title 10, United States Code.
SEC. 549C. <<NOTE: 10 USC 1565b note.>> DISSEMINATION OF CIVILIAN
LEGAL SERVICES INFORMATION.
<<NOTE: Deadline.>> Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, acting through the head
of the Sexual Assault Prevention and Response Office of the Department
of Defense, shall ensure that information on the availability of legal
resources from civilian legal service organizations is distributed to
military-connected sexual assault victims in an organized and consistent
manner.
Subtitle F--Member Education
SEC. 551. AUTHORIZATION OF CERTAIN SUPPORT FOR MILITARY SERVICE
ACADEMY FOUNDATIONS.
(a) In General.--Subchapter I of chapter 134 of title 10, United
States Code, is amended by inserting after section 2245 the end the
following new section:
``Sec. 2246. <<NOTE: 10 USC 2246.>> Authorization of certain
support for military service academy foundations
``(a) <<NOTE: Regulations.>> Authority.--Subject to subsection (b)
and pursuant to regulations prescribed by the Secretary of Defense, the
Superintendent of a Service Academy may authorize a covered foundation
to use, on an unreimbursed basis, facilities or equipment of such
Service Academy.
``(b) Limitations.--Use of facilities or equipment under subsection
(a) may be provided only if such use--
``(1) is without any liability of the United States to the
covered foundation;
``(2) does not affect the ability of any official or
employee of the military department concerned, or any member of
the armed forces, to carry out any responsibility or duty in a
fair and objective manner;
``(3) does not compromise the integrity or appearance of
integrity of any program of the military department concerned,
or any individual involved in such a program;
``(4) does not include the participation of any cadet or
midshipman, other than participation in an honor guard at an
event of the covered foundation;
``(5) <<NOTE: Compliance.>> complies with the Joint Ethics
Regulation; and
``(6) <<NOTE: Review.>> has been reviewed and approved by
an attorney of the military department concerned.
``(c) <<NOTE: Deadline.>> Briefing.--In any fiscal year during
which the Superintendent of a Service Academy exercises the authority
under subsection (a), the Secretary of the military department concerned
shall provide a briefing not later than the last day of that fiscal year
to the Committees on Armed Services of the Senate and House of
Representatives regarding the number of events or activities of a
covered foundation supported by such exercise during such fiscal year.
``(d) Definitions.--In this section:
``(1) The term `covered foundation' means a charitable,
educational, or civic nonprofit organization under section
501(c)(3)
[[Page 136 STAT. 2592]]
of the Internal Revenue Code of 1986, that the Secretary
concerned determines operates exclusively to support, with
respect to a Service Academy, any of the following:
``(A) Recruiting.
``(B) Parent or alumni development.
``(C) Academic, leadership, or character
development.
``(D) Institutional development.
``(E) Athletics.
``(2) The term `Service Academy' has the meaning given such
term in section 347 of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter <<NOTE: 10 USC prec. 2241.>> is amended by inserting
after the item relating to item 2245 the following new item:
``2246. Authorization of certain support for military service academy
foundations.''.
SEC. 552. INDIVIDUALS FROM THE DISTRICT OF COLUMBIA WHO MAY BE
CONSIDERED FOR APPOINTMENT TO MILITARY
SERVICE ACADEMIES.
(a) United States Military Academy.--Section 7442 of title 10,
United States Code, is amended, in subsection (b)(5), by striking
``paragraphs (3) and (4)'' and inserting ``paragraphs (3) through
(10)''.
(b) United States Naval Academy.--Section 8454 of title 10, United
States Code, is amended, in subsection (b)(5), by striking ``paragraphs
(3) and (4)'' and inserting ``paragraphs (3) through (10)''.
(c) United States Air Force Academy.--Section 9442 of title 10,
United States Code, is amended, in subsection (b)(5), by striking
``paragraphs (3) and (4)'' and inserting ``paragraphs (3) through
(10)''.
SEC. 553. <<NOTE: Time periods.>> AGREEMENT BY A CADET OR
MIDSHIPMAN TO PLAY PROFESSIONAL SPORT
CONSTITUTES A BREACH OF AGREEMENT TO SERVE
AS AN OFFICER.
(a) United States Military Academy.--Section 7448 of title 10,
United States Code, is amended as follows:
(1) Paragraph (5) of subsection (a) is amended to read as
follows:
``(5) That the cadet may not obtain employment as a
professional athlete until two years after the cadet graduates
from the Academy.''.
(2) Subsection (b) is amended by adding at the end the
following new paragraph:
``(4) A cadet who violates paragraph (5) of subsection (a) is not
eligible for the alternative obligation under paragraph (1).''.
(3) Subsection (c) is amended--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(B) by inserting, after paragraph (1), the following
new paragraph (2):
``(2) that a cadet who obtains employment as a professional
athlete--
``(A) in violation of paragraph (5) of subsection
(a) has breached an agreement under such subsection; and
``(B) at least two years after the cadet graduates
from the Academy has not breached an agreement under
subsection (a);''.
[[Page 136 STAT. 2593]]
(4) Subsection (d) is amended--
(A) by striking ``with respect to an officer who is
a graduate of the Academy'' and inserting ``with respect
to a cadet''; and
(B) by striking ``officer's'' and inserting
``cadet's''.
(5) Subsection (f) is amended by striking ``the terms'' and
inserting ``each term''.
(b) United States Naval Academy.--Section 8459 of title 10, United
States Code, is amended as follows:
(1) Paragraph (5) of subsection (a) is amended to read as
follows:
``(5) That the midshipman may not obtain employment as a
professional athlete until two years after the midshipman
graduates from the Academy.''.
(2) Subsection (b) is amended by adding at the end the
following new paragraph:
``(4) A midshipman who violates paragraph (5) of subsection (a) is
not eligible for the alternative obligation under paragraph (1).''.
(3) Subsection (c) is amended--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(B) by inserting, after paragraph (1), the following
new paragraph (2):
``(2) that a midshipman who obtains employment as a
professional athlete--
``(A) in violation of paragraph (5) of subsection
(a) has breached an agreement under such subsection; and
``(B) at least two years after the midshipman
graduates from the Academy has not breached an agreement
under subsection (a);''.
(4) Subsection (d) is amended--
(A) by striking ``with respect to an officer who is
a graduate of the Academy'' and inserting ``with respect
to a midshipman''; and
(B) by striking ``officer's'' and inserting
``midshipman's''.
(5) Subsection (f) is amended by striking ``the terms'' and
inserting ``each term''.
(c) United States Air Force Academy.--Section 9448 of title 10,
United States Code, is amended as follows:
(1) Paragraph (5) of subsection (a) is amended to read as
follows:
``(5) That the cadet may not obtain employment as a
professional athlete until two years after the cadet graduates
from the Academy.''.
(2) Subsection (b) is amended by adding at the end the
following new paragraph:
``(4) A cadet who violates paragraph (5) of subsection (a) is not
eligible for the alternative obligation under paragraph (1).''.
(3) Subsection (c) is amended--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(B) by inserting, after paragraph (1), the following
new paragraph (2):
``(2) that a cadet who obtains employment as a professional
athlete--
[[Page 136 STAT. 2594]]
``(A) in violation of paragraph (5) of subsection
(a) has breached an agreement under such subsection; and
``(B) at least two years after the cadet graduates
from the Academy has not breached an agreement under
subsection (a);''.
(4) Subsection (d) is amended--
(A) by striking ``with respect to an officer who is
a graduate of the Academy'' and inserting ``with respect
to a cadet''; and
(B) by striking ``officer's'' and inserting
``cadet's''.
(5) Subsection (f) is amended by striking ``the terms'' and
inserting ``each term''.
SEC. 554. NAVAL POSTGRADUATE SCHOOL AND UNITED STATES AIR FORCE
INSTITUTE OF TECHNOLOGY: TERMS OF PROVOSTS
AND CHIEF ACADEMIC OFFICERS.
(a) Naval Postgraduate School.--
(1) In general.--Section 8543 of title 10, United States
Code, is amended--
(A) by striking ``Academic Dean'' each place it
appears and inserting ``Chief Academic Officer'';
(B) in subsection (a), by striking the second
sentence and inserting ``An individual selected by the
Secretary of the Navy for the position of Provost and
Chief Academic Officer shall serve in that position for
a term of not more than five years and may be continued
in that position for an additional term of up to five
years.''
(2) Technical and conforming amendments.--
(A) Section heading.--The heading of such section is
amended by striking ``Academic Dean'' and inserting
``Chief Academic Officer''.
(B) Table of sections.--The table of sections at the
beginning of chapter 855 of such title is <<NOTE: 10
USC prec. 8541.>> amended by striking the item relating
to section 8543 and inserting the following new item:
``8543. Provost and Chief Academic Officer.''.
(C) Conforming amendment.--Section
8542(a)(4)(A)(ii)(II) of such title is amended by
striking ``permanently appointed to the position of
Provost and Academic Dean'' and inserting ``selected for
the position of Provost and Chief Academic Officer''.
(b) United States Air Force Institute of Technology.--Subsection (b)
of section 9414b of such title is amended--
(1) in the heading, by striking ``Academic Dean'' and
inserting ``Chief Academic Officer'';
(2) by striking ``Academic Dean'' each place it appears and
inserting ``Chief Academic Officer'';
(3) in paragraph (1), by striking ``appointed'' and
inserting ``selected''; and
(4) by striking paragraph (2) and inserting the following:
``(2) Term.--An individual selected for the position of
Provost and Chief Academic Officer shall serve in that position
for a term of not more than five years and may be continued in
that position for an additional term of up to five years.''.
[[Page 136 STAT. 2595]]
SEC. 555. NAVAL POSTGRADUATE SCHOOL: ATTENDANCE BY ENLISTED
MEMBERS.
(a) In General.--Subsection (a)(2)(D)(iii) of section 8545 of title
10, United States Code, is amended by striking ``only on a space-
available basis''.
(b) <<NOTE: Deadline.>> Briefing.--Six years after the date of the
enactment of this Act, the Secretary of Defense shall brief the
Committees on Armed Services of the Senate and House of Representatives
on the effects of increasing enrollment of enlisted members at the Naval
Postgraduate School pursuant to the amendment made by subsection (a).
Such briefing shall include the following elements:
(1) Any increase to the effectiveness, readiness, or
lethality of the Armed Forces.
(2) Effects on rates of recruitment, promotion (including
compensation to members), and retention.
SEC. 556. MODIFICATION OF ANNUAL REPORT ON DEMOGRAPHICS OF
MILITARY SERVICE ACADEMY APPLICANTS.
Subsection (c)(2) of section 575 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283; 10 U.S.C. 7442 note) is amended by adding at the end the following
new subparagraph:
``(C) <<NOTE: Determination.>> Anything the
Secretary determines to be significant regarding gender,
race, ethnicity, or other demographic information,
described in subsection (b), of such individuals.''.
SEC. 557. STUDY AND REPORT ON PROFESSIONAL MILITARY EDUCATION.
(a) Report.--Not later than December 1, 2025, the Secretary of
Defense, in coordination with the Chairman of the Joint Chiefs of Staff
and the Secretaries of the military departments, shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on the effectiveness of PME in educating officers of the Armed
Forces.
(b) <<NOTE: Recommenda- tions.>> Elements.--The Secretary of Defense
shall include in the report the following elements:
(1) Definitions; purpose statement.--In order to improve
readiness and create a culture of lifelong learning for PME
students and faculty--
(A) recommendations regarding whether to define PME,
or to revise existing definitions in section 2151 of
title 10, United States Code; and
(B) a purpose statement for PME.
(2) Course of study.--With regards to a course of study in
PME--
(A) <<NOTE: Analysis.>> an analysis of, and
legislative recommendations regarding, the existing
three-phase approach to JPME under section 2154 of title
10, United States Code.
(B) legislative recommendations regarding developing
a statutory three-phase approach for PME other than
JPME, similar to such approach for JPME; and
(C) <<NOTE: Plan. Time period.>> a proposed career
learning plan, provided to an officer every two years,
to track the progress of such officer in achieving PME
and JPME outcomes and other career milestones.
[[Page 136 STAT. 2596]]
(3) Curriculum evaluation.--An evaluation of curricula of
institutions of PME, including--
(A) <<NOTE: Compliance.>> compliance with subject
matter requirements under chapter 107 of title 10,
United States Code;
(B) legislative recommendations regarding such
subject matter requirements, including whether to
include the national defense strategy in such
requirements;
(C) the curriculum development process, including
whether such process is responsive to changing global
threats, and any ways to improve such process to be able
to make rapid, relevant, and responsive curriculum
updates;
(D) current modes of instruction and related
recommendations, including the use of interactive
seminars, war games, simulations, experiential learning,
and iterative case studies;
(E) special areas of focus regarding innovation,
including disruptive change, adaptive thinking, design
thinking, cyber security, artificial intelligence,
applied design for innovation, and other areas the
Secretary determines appropriate; and
(F) the development and assessment of learning
outcomes regarding lethality and strategic influence.
(4) <<NOTE: Evaluations.>> Systems of accountability and
performance.--An evaluation of the following accountability and
performance systems:
(A) Student performance assessments.
(B) The documentation of student performance in
military service records.
(C) Consideration of student performance records in
the determination of assignments and promotions.
(D) Consideration of expertise or academic focus in
the determination of assignments.
(5) <<NOTE: Summary.>> Academic faculty and student review
system.--A summary of current processes to review the following:
(A) The means by which faculty assigned to teach PME
(including members of the Armed Forces and civilian
personnel) are selected, managed, promoted, and
evaluated.
(B) The academic freedom of faculty described in
subparagraph (A).
(C) A review of how members are selected for
residential and non-residential PME, including the
consideration of student performance assessments during
PME.
(6) Interactions of with institutions of pme civilian
institutions.--
(A) <<NOTE: Review.>> Partnerships.--A review of
existing academic partnerships between institutions of
PME and civilian institutions, including--
(i) the scopes, purposes, and lengths of such
partnerships;
(ii) any research, curriculum development, or
sharing of faculty or students between
institutions; and
(iii) any collaborations or exchanges by
faculties or students.
[[Page 136 STAT. 2597]]
(B) <<NOTE: Appraisal.>> Consortium.--An appraisal
of a prospective consortium of institutions of PME and
civilian institutions, including--
(i) the feasability and advisability of
establishing such a consortium;
(ii) recommendations, if any, regarding
potential consortium members;
(iii) <<NOTE: Costs. Timeline.>> the
anticipated costs and timeline to establish such a
consortium; and
(iii) whether the inclusion of the Naval
Postgraduate School or Air Force Institute of
Technology in such a consortium would require
legislation.
(7) Organization.--With regards to the organizational
structure and lines of authority established pursuant to section
2152 of title 10, United States Code--
(A) <<NOTE: Analysis.>> an analysis; and
(B) any legislative recommendations.
(c) Interim Briefings and Final Report.--
(1) Initial briefing.--Not later than June 1, 2023, the
Secretary of Defense shall provide to the Committees on Armed
Services of the House of Representatives and the Senate an
initial briefing on the progress of the Secretary in preparing
the report.
(2) <<NOTE: Time period.>> Interim briefings.--Every six
months after the initial briefing, the Secretary of Defense
shall provide to the Committees on Armed Services of the House
of Representatives and the Senate an interim briefing on the
progress and contents of the report.
(3) Final briefing.--Not later than December 1, 2025, in
conjunction with issuance of the final report, the Secretary of
Defense shall provide to the Committees on Armed Services of the
Senate and House of Representatives a final briefing on the
findings and recommendations in the report.
(d) Definitions.--In this section:
(1) The term ``institutions of PME'' means--
(A) the professional military education schools;
(B) the senior level service schools;
(C) the intermediate level service schools;
(D) the joint intermediate level service school;
(E) the Naval Postgraduate School; and
(F) the Air Force Institute of Technology.
(2) The terms ``intermediate level service school'', ``joint
intermediate level service school'', and ``senior level service
school'' have the meaning given such terms in section 2151 of
title 10, United States Code.
(3) The term ``JPME'' means ``joint professional military
education'' has the meaning given such term in section 2151 of
title 10, United States Code.
(4) The term ``PME'' means professional military education,
including JPME.
(5) The term ``professional military education schools''
means the schools specified in section 2162(b) of title 10,
United States Code.
[[Page 136 STAT. 2598]]
SEC. 558. REPORT ON TREATMENT OF CHINA IN CURRICULA OF
PROFESSIONAL MILITARY EDUCATION.
(a) In General.--Not later than December 1, 2023, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report regarding the treatment of China
in the curricula of institutions of military education, including
changes to such treatment implemented in the five years preceding the
date of such report.
(b) Definitions.--In this section:
(1) The term ``institutions of military education'' means--
(A) the professional military education schools;
(B) the senior level service schools;
(C) the intermediate level service schools;
(D) the joint intermediate level service school;
(E) the Naval Postgraduate School; and
(F) the Air Force Institute of Technology.
(2) The terms ``intermediate level service school'', ``joint
intermediate level service school'', and ``senior level service
school'' have the meaning given such terms in section 2151 of
title 10, United States Code.
(3) The term ``professional military education schools''
means the schools specified in section 2162 of title 10, United
States Code.
Subtitle G--Member Training and Transition
SEC. 561. CODIFICATION OF SKILLBRIDGE PROGRAM.
(a) In General.--Section 1143(e) of title 10, United States Code, is
amended--
(1) in the heading, by adding ``; Skillbridge'' after
``Training''; and
(2) in paragraph (1), by adding at the end ``Such a program
shall be known as `Skillbridge'.''.
(b) <<NOTE: Deadline. 10 USC 1143 note.>> Regulations.--To carry out
Skillbridge, the Secretary of Defense shall, not later than September
30, 2023--
(1) <<NOTE: Update.>> update Department of Defense
Instruction 1322.29, titled ``Job Training, Employment Skills
Training, Apprenticeships, and Internships (JTEST-AI) for
Eligible Service Members''; and
(2) <<NOTE: Funding plan.>> develop a funding plan for
Skillbridge that includes funding lines across the future-years
defense program under section 221 of title 10, United States
Code.
SEC. 562. <<NOTE: 10 USC note prec. 7101.>> PILOT PROGRAM ON
REMOTE PERSONNEL PROCESSING IN THE ARMY.
(a) <<NOTE: Deadline.>> Establishment.--Not later than January 1,
2024, the Secretary of the Army shall implement a pilot program to
expedite in-processing and out-processing at one or more military
installations--
(1) under the jurisdiction of such Secretary; and
(2) located within the continental United States.
(b) Functions.--The pilot program shall perform the following
functions:
[[Page 136 STAT. 2599]]
(1) Enable the remote in-processing and out-processing of
covered personnel, including by permitting covered personnel to
sign forms electronically.
(2) Reduce the number of hours required of covered personnel
for in-processing and out-processing.
(3) Provide, to covered personnel and the commander of a
military installation concerned, electronic copies of records
related to in-processing and out-processing.
(c) Termination.--The pilot program shall terminate on January 1st,
2027.
(d) <<NOTE: Recommenda- tions.>> Report.--Not later than January 1,
2026, the Secretary shall submit to the Committees on Armed Services of
the Senate and House of Representatives a report regarding the pilot
program, including the recommendation of the Secretary whether to make
the pilot program permanent.
(e) Definitions.--In this section:
(1) The term ``covered personnel'' includes members of the
Army and civilian employees of the Department of the Army.
(2) The term ``in-processing'' means the administrative
activities that covered personnel undertake pursuant to a
permanent change of station.
(3) The term ``out-processing'' means the administrative
activities that covered personnel undertake pursuant to a
permanent change of station, separation from the Army, or end of
employment with the Department of the Army.
SEC. 563. <<NOTE: Time periods.>> ANNUAL REPORT ON MEMBERS
SEPARATING FROM ACTIVE DUTY WHO FILE
CLAIMS FOR DISABILITY BENEFITS.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act, and not later than each January 1 thereafter
through 2025, the Secretary of Defense, in consultation with the
Secretary of Veterans Affairs, shall submit to the appropriate
congressional committees a report on members of the Armed Forces who
file claims for disability benefits.
(b) Elements.--The report under this section shall include, for the
period beginning on October 1, 2019, through the month that ended most
recently before the date of the report, the number of members serving on
active duty, disaggregated by Armed Force, who filed a claim for
disability benefits--
(1) more than 180 days before the discharge or release of
such member from active duty;
(2) between 180 and 90 days before the discharge or release
of such member from active duty;
(3) fewer than 90 days before the discharge or release of
such member from active duty;
(4) before separation and was issued a decision letter
before the discharge or release of such member from active duty;
(5) before separation and was issued a decision letter after
the discharge or release of such member from active duty;
(6) completed a mental health evaluation before the
discharge or release of such member from active duty; and
(7) did not complete a mental health evaluation before the
discharge or release of such member from active duty.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
[[Page 136 STAT. 2600]]
(1) The Committees on Armed Services of the Senate and House
of Representatives.
(2) The Committees on Veterans' Affairs of the Senate and
House of Representatives.
SEC. 564. FEMALE MEMBERS OF CERTAIN ARMED FORCES AND CIVILIAN
EMPLOYEES OF THE DEPARTMENT OF DEFENSE IN
STEM.
(a) <<NOTE: Deadline. Briefing.>> Study on Members and Civilians.--
Not later than September 30, 2023, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and House of
Representatives a briefing containing the results of a study on how to
increase participation of covered individuals in positions in the
covered Armed Forces or Department of Defense and related to STEM.
(b) Definitions.--In this section:
(1) The term ``covered Armed Force'' means an Armed Force
under the jurisdiction of the Secretary of a military
department.
(2) The term ``covered individual'' means a female--
(A) member of a covered Armed Force; or
(B) civilian employee of the Department of Defense.
(3) The term ``STEM'' means science, technology,
engineering, and mathematics.
Subtitle H--Military Family Readiness and Dependents' Education
SEC. 571. CLARIFICATION AND EXPANSION OF AUTHORIZATION OF SUPPORT
FOR CHAPLAIN-LED PROGRAMS FOR MEMBERS OF
THE ARMED FORCES.
(a) In General.--Section 1789 of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking ``chaplain-led programs'' and
inserting ``a chaplain-led program'';
(B) by striking ``members of the armed forces'' and
all that follows through ``status and their immediate
family members,'' and inserting ``a covered
individual''; and
(C) by inserting ``, or to support the resiliency,
suicide prevention, or holistic wellness of such covered
individual'' after ``structure'';
(2) in subsection (b)--
(A) by striking ``members of the armed forces and
their family members'' and inserting ``a covered
individual'';
(B) by striking ``programs'' and inserting ``a
program''; and
(C) by striking ``retreats and conferences'' and
inserting ``a retreat or conference''; and
(3) by striking subsection (c) and inserting the following:
``(c) Covered Individual Defined.--In this section, the term
`covered individual' means--
``(1) a member of the armed forces on active duty;
``(2) a member of the reserve components in an active
status; or
[[Page 136 STAT. 2601]]
``(3) a dependent of an individual described in subparagraph
(A) or (B).''.
(b) <<NOTE: Deadline. Time period.>> Annual Briefings.--Not later
than one year after the date of the enactment of this Act, and annually
thereafter for five years, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a briefing on implementation of the amendments made by this section.
Each such briefing shall include the following:
(1) The frequency with which the Secretaries of the military
departments used the authority under such amendments in the year
preceding the date of the briefing.
(2) Lessons learned from such usage.
SEC. 572. PILOT PROGRAM TO EXPAND ELIGIBILITY FOR ENROLLMENT AT
DOMESTIC DEPENDENT ELEMENTARY AND
SECONDARY SCHOOLS: EXTENSION; REPORT.
(a) Extension.--Section 589C(e) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283; 10 U.S.C. 2164 note) is amended by striking ``four years after the
date of the enactment of this Act'' and inserting ``on July 1, 2029''.
(b) Report Required.--
(1) In general.--Not later than December 31, 2028, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
on the conduct of the pilot program under such section.
(2) Elements.--The report shall include a description of--
(A) the locations at which the pilot program is
carried out;
(B) the number of students participating in the
pilot program for each academic year by location; and
(C) the outcome measures used to gauge the value of
the pilot program to the Department of Defense.
SEC. 573. COMMERCIAL AIR WAIVER FOR NEXT OF KIN REGARDING
TRANSPORTATION OF REMAINS OF CASUALTIES.
Section 580A of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92) <<NOTE: 10 USC 1482 note.>> is amended by
adding at the end the following:
``(c) Transportation of Deceased Military Member.--In the event of a
death that requires the Secretary concerned to provide a death benefit
under subchapter II of chapter 75 of title 10, United States Code, such
Secretary--
``(1) shall provide the next of kin or other appropriate
person a commercial air travel use waiver for the transportation
of deceased remains of military member who dies outside of--
``(A) the United States; and
``(B) a theater of combat operations; or
``(2) may provide the next of kin or other appropriate
person a commercial air travel use waiver for the transportation
of deceased remains of military member who dies inside a theater
of combat operations.''.
SEC. 574. CERTAIN ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT
BENEFIT DEPENDENTS OF MILITARY AND
CIVILIAN PERSONNEL.
(a) Continuation of Authority to Assist Local Educational Agencies
That Benefit Dependents of Members of
[[Page 136 STAT. 2602]]
the Armed Forces and Department of Defense Civilian Employees.--
(1) Assistance to schools with significant numbers of
military dependent students.--Of the amount authorized to be
appropriated for fiscal year 2023 by section 301 and available
for operation and maintenance for Defense-wide activities as
specified in the funding table in section 4301, $50,000,000
shall be available only for the purpose of providing assistance
to local educational agencies under subsection (a) of section
572 of the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109-163; 20 U.S.C. 7703b).
(2) Local educational agency defined.--In this subsection,
the term ``local educational agency'' has the meaning given that
term in section 7013(9) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7713(9)).
(b) Impact Aid for Children With Severe Disabilities.--
(1) In general.--Of the amount authorized to be appropriated
for fiscal year 2023 pursuant to section 301 and available for
operation and maintenance for Defense-wide activities as
specified in the funding table in section 4301, $10,000,000
shall be available for payments under section 363 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106-398; 114 Stat.
1654A-77; 20 U.S.C. 7703a).
(2) <<NOTE: Determination.>> Additional amount.--Of the
amount authorized to be appropriated for fiscal year 2023
pursuant to section 301 and available for operation and
maintenance for Defense-wide activities as specified in the
funding table in section 4301, $10,000,000 shall be available
for use by the Secretary of Defense to make payments to local
educational agencies determined by the Secretary to have higher
concentrations of military dependent students with severe
disabilities.
(3) <<NOTE: Briefing.>> Report.--Not later than March 31,
2023, the Secretary shall brief the Committees on Armed Services
of the Senate and the House of Representatives on the evaluation
of the Secretary of each local educational agency with higher
concentrations of military dependent students with severe
disabilities and subsequent determination of the amounts of
impact aid each such agency shall receive.
SEC. 575. <<NOTE: 20 USC 7703d.>> <<NOTE: Time period.>>
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) <<NOTE: Time period.>> Assistance Authorized.--To assist
communities in making adjustments resulting from changes in the size or
location of the Armed Forces, the Secretary of Defense shall provide
financial assistance to an eligible local educational agency described
in subsection (b) if, during the period between the end of the school
year preceding the fiscal year for which the assistance is authorized
and the beginning of the school year immediately preceding that school
year, the local educational agency--
(1) <<NOTE: Determination.>> had (as determined by the
Secretary of Defense in consultation with the Secretary of
Education) an overall increase or reduction of--
[[Page 136 STAT. 2603]]
(A) not less than five percent in the average daily
attendance of military dependent students in the schools
of the local educational agency; or
(B) not less than 500 military dependent students in
average daily attendance in the schools of the local
educational agency; or
(2) <<NOTE: Time period.>> is projected to have an overall
increase, between fiscal years 2023 and 2028, of not less than
500 military dependent students in average daily attendance in
the schools of the local educational agency as the result of a
signed record of decision.
(b) Eligible Local Educational Agencies.--A local educational agency
is eligible for assistance under subsection (a) for a fiscal year if--
(1) 20 percent or more of students enrolled in schools of
the local educational agency are military dependent students;
and
(2) in the case of assistance described in subsection
(a)(1), the overall increase or reduction in military dependent
students in schools of the local educational agency is the
result of one or more of the following:
(A) The global rebasing plan of the Department of
Defense.
(B) The official creation or activation of one or
more new military units.
(C) The realignment of forces as a result of the
base closure process.
(D) A change in the number of housing units on a
military installation.
(E) A signed record of decision.
(c) Calculation of Amount of Assistance.--
(1) Pro rata distribution.--The amount of the assistance
provided under subsection (a) to a local educational agency that
is eligible for such assistance for a fiscal year shall be equal
to the product obtained by multiplying--
(A) the per-student rate determined under paragraph
(2) for that fiscal year; by
(B) the net of the overall increases and reductions
in the number of military dependent students in schools
of the local educational agency, as determined under
subsection (a).
(2) Per-student rate.--For purposes of paragraph (1)(A), the
per-student rate for a fiscal year shall be equal to the dollar
amount obtained by dividing--
(A) the total amount of funds made available for
that fiscal year to provide assistance under subsection
(a); by
(B) the sum of the overall increases and reductions
in the number of military dependent students in schools
of all eligible local educational agencies for that
fiscal year under that subsection.
(3) Maximum amount of assistance.--A local educational
agency may not receive more than $15,000,000 in assistance under
subsection (a) for any fiscal year.
(d) Duration.--Assistance may not be provided under subsection (a)
after September 30, 2028.
(e) <<NOTE: Deadlines.>> Notification.--Not later than June 30,
2023, and June 30 of each fiscal year thereafter for which funds are
made available
[[Page 136 STAT. 2604]]
to carry out this section, the Secretary of Defense shall notify each
local educational agency that is eligible for assistance under
subsection (a) for that fiscal year of--
(1) the eligibility of the local educational agency for the
assistance; and
(2) the amount of the assistance for which the local
educational agency is eligible.
(f) <<NOTE: Deadline.>> Disbursement of Funds.--The Secretary of
Defense shall disburse assistance made available under subsection (a)
for a fiscal year not later than 30 days after the date on which
notification to the eligible local educational agencies is provided
pursuant to subsection (e) for that fiscal year.
(g) <<NOTE: Deadline. Cost estimate.>> Briefing Required.--Not
later than March 1, 2023, the Secretary of Defense shall brief the
Committees on Armed Services of the Senate and the House of
Representatives on the estimated cost of providing assistance to local
educational agencies under subsection (a) through September 30, 2028.
(h) Eligible Uses.--Amounts disbursed to a local education agency
under subsection (f) may be used by such local educational agency for--
(1) general fund purposes;
(2) special education;
(3) school maintenance and operation;
(4) school expansion; or
(5) new school construction.
(i) Funding.--
(1) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for Operation and Maintenance,
Defense-wide, Department of Defense Education Activity, Line
390, as specified in the corresponding funding table in section
4301, is hereby increased by $15,000,000 for purposes of this
section.
(2) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for Operation and Maintenance,
Defense-wide, for Washington Headquarters Services, Line 500, as
specified in the corresponding funding table in section 4301, is
hereby reduced by $15,000,000.
(j) Definitions.--In this section:
(1) The term ``base closure process'' means any base closure
and realignment process conducted after the date of the
enactment of this Act under section 2687 of title 10, United
States Code, or any other similar law enacted after that date.
(2) The term ``local educational agency'' has the meaning
given that term in section 7013(9) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
(3) The term ``military dependent students'' means--
(A) elementary and secondary school students who are
dependents of members of the Armed Forces; and
(B) elementary and secondary school students who are
dependents of civilian employees of the Department of
Defense.
(4) The term ``State'' means each of the several States and
the District of Columbia.
[[Page 136 STAT. 2605]]
SEC. 576. <<NOTE: 10 USC 1792 note.>> PILOT PROGRAM ON HIRING OF
SPECIAL NEEDS INCLUSION COORDINATORS FOR
DEPARTMENT OF DEFENSE CHILD DEVELOPMENT
CENTERS.
(a) In General.--The Secretary of Defense, in coordination with the
Secretaries of the military departments, shall carry out a pilot program
to hire special needs inclusion coordinators at child development
centers selected by the Secretary under subsection (b).
(b) Selection of Centers.--The Secretary of Defense shall select the
child development centers at which the pilot program required by
subsection (a) will be carried out based on--
(1) the number of dependent children enrolled in the
Exceptional Family Member Program at the military installation
on which the center in located;
(2) the number of children with special needs enrolled in
the center; and
(3) such other considerations as the Secretary, in
consultation with the Secretaries of the military departments,
considers appropriate.
(c) Functions.--Each special needs inclusion coordinator assigned to
a child development center under the pilot program required by
subsection (a) shall--
(1) coordinate intervention and inclusion services at the
center;
(2) provide direct classroom support; and
(3) provide guidance and assistance relating to the
increased complexity of working with the behaviors of children
with special needs.
(d) <<NOTE: Deadlines.>> Briefings Required.--
(1) Briefing on anticipated costs.--Not later than March 1,
2023, the Secretary of Defense shall provide to the Committees
on Armed Services of the Senate and the House of Representatives
a briefing on the anticipated costs for the pilot program
required by subsection (a).
(2) Briefing on effectiveness of program.--Not later than
September 30, 2025, the Secretary of Defense shall provide to
the Committees on Armed Services of the Senate and the House of
Representatives a briefing on the pilot program required by
subsection (a) that includes--
(A) the number of special needs inclusion
coordinators hired under the pilot program;
(B) a description of any issues relating to the
retention of those coordinators;
(C) <<NOTE: Recommenda- tions.>> a recommendation
with respect to whether the pilot program should be made
permanent or expanded to other military installations;
and
(D) <<NOTE: Assessment.>> an assessment of the
amount of funding required to make the pilot program
permanent or expand the pilot program to other military
installations, as the Secretary recommends under
subparagraph (C).
(e) Duration of Pilot Program.--The pilot program required by
subsection (a) shall--
(1) commence not later than January 1, 2024; and
(2) terminate on December 31, 2026.
(f) Child Development Center Defined.--In this section, the term
``child development center'' has the meaning given that
[[Page 136 STAT. 2606]]
term in section 2871(2) of title 10, United States Code, and includes a
facility identified as a child care center or day care center.
SEC. 577. <<NOTE: 10 USC 1798 note.>> PROMOTION OF CERTAIN CHILD
CARE ASSISTANCE.
(a) In General.--Each Secretary concerned shall promote, to members
of the Armed Forces under the jurisdiction of such Secretary concerned,
awareness of child care assistance available under--
(1) section 1798 of title 10, United States Code; and
(2) section 589 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283; 10 U.S.C. 1791 note).
(b) <<NOTE: Summary.>> Reporting.--Not later than one year after
the date of the enactment of this Act, each Secretary concerned shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a report summarizing activities taken by such Secretary
concerned to carry out subsection (a).
(c) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given such term in section 101
of title 10, United States Code.
SEC. 578. <<NOTE: Deadlines.>> INDUSTRY ROUNDTABLE ON MILITARY
SPOUSE HIRING.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense for Personnel and
Readiness shall seek to convene an industry roundtable to discuss the
hiring of military spouses. Such discussion shall include the following
elements:
(1) The value of, and opportunities to, private entities
that hire military spouses.
(2) Career opportunities for military spouses.
(3) Understanding the challenges that military spouses
encounter in the labor market.
(4) Gaps and opportunities in the labor market for military
spouses.
(5) Best hiring practices from industry leaders in human
resources.
(6) The benefits of portable licenses and interstate
licensure compacts for military spouses.
(b) Participants.--The participants in the roundtable shall include
the following:
(1) The Under Secretary of Defense for Personnel and
Readiness.
(2) The Assistant Secretary for Manpower and Reserve Affairs
of each military department.
(3) The Director of the Defense Human Resources Activity.
(4) Other officials of the Department of Defense the
Secretary of Defense determines appropriate.
(5) Private entities that elect to participate.
(c) <<NOTE: Federal Register, publication.>> Notice.--The Under
Secretary shall publish notice of the roundtable in multiple private
sector forums and the Federal Register to encourage participation in the
roundtable by private entities and entities interested in the hiring of
military spouses.
(d) <<NOTE: Recommenda- tions.>> Briefing.--Not later than one year
after the date of the enactment of this Act, the Secretary of Defense
shall provide a briefing to the Committees on Armed Services of the
Senate and House of Representatives on the lessons learned from the
roundtable, including the recommendation of the Secretary whether to
convene the roundtable annually.
[[Page 136 STAT. 2607]]
SEC. 579. RECOMMENDATIONS FOR THE IMPROVEMENT OF THE MILITARY
INTERSTATE CHILDREN'S COMPACT.
(a) Recommendations Required.--The Secretaries concerned, in
consultation with States through the Defense-State Liaison Office, shall
develop recommendations to improve the Military Interstate Children's
Compact.
(b) Considerations.--In carrying out subsection (a), the Secretaries
concerned shall--
(1) identify any barriers--
(A) to the ability of a parent of a transferring
military-connected child to enroll the child, in
advance, in an elementary or secondary school in the
State in which the child is transferring, without
requiring the parent or child to be physically present
in the State; and
(B) to the ability of a transferring military-
connected child who receives special education services
to gain access to such services and related supports in
the State to which the child transfers within the
timeframes required under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.);
(2) consider the feasibility and advisability of--
(A) tracking and reporting the number of families
who use advanced enrollment in States that offer
advanced enrollment to military-connected children;
(B) States clarifying in legislation that
eligibility for advanced enrollment requires only
written evidence of a permanent change of station order,
and does not require a parent of a military-connected
child to produce a rental agreement or mortgage
statement; and
(C) the Secretary of Defense, in coordination with
the Military Interstate Children's Compact, developing a
letter or other memorandum that military families may
present to local educational agencies that outlines the
protections afforded to military-connected children by
the Military Interstate Children's Compact; and
(3) identify any other actions that may be taken by the
States (acting together or separately) to improve the Military
Interstate Children's Compact.
(c) Report Required.--Not later than one year after the date of the
enactment of this Act, the Secretaries concerned shall submit to the
Committees on Armed Services of the Senate and House of Representatives,
and to the States, a report setting forth the recommendations developed
under subsection (a).
(d) Definitions.--In this section:
(1) The terms ``armed forces'', ``active duty'' and
``congressional defense committees'' have the meanings given
those terms in section 101 of title 10, United States Code.
(2) The terms ``child'', ``elementary school'', ``local
educational agency'', ``secondary school'', ``parent'', and
``State'' have the meanings given those terms in section 8101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(3) The term ``Military Interstate Children's Compact''
means the Interstate Compact on Educational Opportunity for
Military Children as described in Department of Defense
Instruction 1342.29, dated January 31, 2017 (or any successor to
such instruction).
[[Page 136 STAT. 2608]]
(4) The term ``Secretary concerned'' means--
(A) the Secretary of Defense, with respect to
matters concerning the Department of Defense; and
(B) the Secretary of the department in which the
Coast Guard is operating, with respect to matters
concerning the Coast Guard when it is not operating as a
service in the Department of the Navy.
(5) The term ``transferring military-connected child'' means
the child of a parent who--
(A) is serving on active duty in the Armed Forces;
(B) is changing duty locations due to a permanent
change of station order; and
(C) has not yet established an ongoing physical
presence in the State to which the parent is
transferring.
SEC. 579A. FEASIBILITY OF INCLUSION OF AU PAIRS IN PILOT PROGRAM
TO PROVIDE FINANCIAL ASSISTANCE TO
MEMBERS OF THE ARMED FORCES FOR IN-HOME
CHILD CARE.
<<NOTE: Deadline. Briefing. Assessment.>> Not later than one year
after the date of the enactment of this Act, the Secretary of Defense,
in coordination with the Secretary of State, shall submit, to the
Committees on Armed Services of the Senate and House of Representatives,
a briefing containing the assessment of the Secretary of Defense of the
feasibility, advisability, and considerations of expanding eligibility
for the pilot program under section 589 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283; 10 U.S.C. 1791 note) to members of the Armed Forces
who participate in an exchange visitor program under section 62.31 of
title 22, Code of Federal Regulations, or successor regulation.
SEC. 579B. BRIEFING ON POLICIES REGARDING SINGLE PARENTS SERVING
AS MEMBERS OF THE ARMED FORCES.
<<NOTE: Deadline.>> Not later than September 30, 2023, the
Secretary of Defense shall submit to the Committees on Armed Services of
the Senate and House of Representatives a briefing on regulations and
rules of the Department of Defense regarding single parents serving as
members of the Armed Forces. <<NOTE: Determination.>> Such briefing
shall include ways the Secretary has determined to improve such
regulations and rules.
SEC. 579C. <<NOTE: 10 USC 1791 note.>> PUBLIC REPORTING ON
CERTAIN MILITARY CHILD CARE PROGRAMS.
<<NOTE: Deadline. Time period. Public information. Web
posting.>> Not later than September 30, 2023, and each calendar quarter
thereafter, the Secretary of Defense shall post, on a publicly
accessible website of the Department of Defense, information regarding
the Military Child Care in Your Neighborhood and Military Child Care in
Your Neighborhood-Plus programs, disaggregated by State, ZIP code, and
Armed Force. Such information shall include whether each such provider
is nationally accredited or rated by the Quality Rating and Improvement
System of the State.
SEC. 579D. BRIEFING ON VERIFICATION OF ELIGIBLE FEDERALLY
CONNECTED CHILDREN FOR PURPOSES OF
FEDERAL IMPACT AID PROGRAMS.
<<NOTE: Deadline. Estimates.>> Not later than February 1, 2023, the
Secretary of Defense, in consultation with the Secretaries of the
military departments,
[[Page 136 STAT. 2609]]
shall brief the Committees on Armed Services of the Senate and House of
Representatives on the following:
(1) <<NOTE: Certification.>> The feasibility of developing
a process whereby the commander of a military installation may
certify the information contained in impact aid source check
forms received by such commander from local educational agencies
as of the date of such certification.
(2) An estimate of resources, per military installation
concerned, necessary to implement such a process, including
personnel, information technology, and other costs.
(3) The estimated time required to implement such a process,
including time for the Secretary of Defense to develop guidance
regarding such a process.
(4) The possible benefits of working with local educational
agencies to ensure that impact aid source check forms are
submitted appropriately to enable such certification.
SEC. 579E. SENSE OF CONGRESS ON RIGHTS OF PARENTS OF CHILDREN
ATTENDING SCHOOLS OPERATED BY THE
DEPARTMENT OF DEFENSE EDUCATION
ACTIVITY.
(a) Sense of Congress.--It is the sense of Congress that the parent
of a child who attends a school operated by the Department of Defense
Education Activity has parental rights as previously established by the
Activity, including the following:
(1) The right to information about the curriculum and
instructional materials of the school.
(2) The right to be informed if the school or Department of
Defense Education Activity alters the school's academic
standards or learning benchmarks.
(3) The right to meet with each teacher of their child not
less than twice during each school year, including meetings in
the form of parent-teacher conferences.
(4) The right to information about the budget of the school.
(5) The right to request information regarding the
professional qualifications of their child's classroom teacher.
(6) The right to address the school advisory committee or
the school board.
(7) The right to information about the school's discipline
policy, including policies related to responding to any violent
activity in the school.
(8) The right to information about any plans to eliminate
gifted and talented programs or accelerated coursework at the
school.
(9) The right to be informed of the results of environmental
testing and safety at school facilities.
(b) Report.--Not later than six months after the date of the
enactment of this Act and consistent with the parental rights specified
in subsection (a), the Director of the Department of Defense Education
Activity shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the parental rights
specified in such subsection. The report shall include, with respect to
the schools operated by the Department of Defense Education Activity, an
explanation of--
(1) how and where a parent may access information about
their rights;
(2) the accessibility of that information;
[[Page 136 STAT. 2610]]
(3) how such schools inform parents of their rights and the
means to access such rights; and
(4) the uniformity of parental rights across such schools.
(c) Definition.--In this section, the term ``school operated by the
Department of Defense Education Activity'' means--
(1) a Department of Defense domestic dependent elementary or
secondary school, as described in section 2164 of title 10,
United States Code; or
(2) any other elementary or secondary school or program for
dependents operated by the Department of Defense Education
Activity.
Subtitle I--Decorations, Awards, and Other Honors
SEC. 581. CLARIFICATION OF PROCEDURE FOR BOARDS FOR THE CORRECTION
OF MILITARY RECORDS TO REVIEW
DETERMINATIONS REGARDING CERTAIN
DECORATIONS.
Section 1552 of title 10, United States Code, is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting, after subsection (i), the following new
subsection:
``(j) <<NOTE: Recommenda- tions.>> For a recommendation to award or
upgrade a military decoration or award submitted pursuant to section
1130 of this title, a board determination in favor of the claimant shall
allow such a recommendation to proceed, and an award or upgrade to be
made by the applicable award authority, without regard to the statutory
time limitation contained in section 7274, section 8298, or section 9274
of this title, as the case may be.''.
SEC. 582. <<NOTE: President.>> AUTHORIZATIONS FOR CERTAIN AWARDS.
(a) Authorization for Award of the Medal of Honor to Fred McGee for
Acts of Valor on June 16, 1952.--
(1) Authorization.--Notwithstanding the time limitations
specified in section 7274 of title 10, United States Code, or
any other time limitation with respect to the awarding of
certain medals to persons who served in the Armed Forces, the
President may award the Medal of Honor under section 7272 of
such title to Fred McGee for the acts of valor described in the
paragraph (2).
(2) Acts of valor described.--The acts of valor described in
this paragraph are the actions of Fred McGee as a corporal in
the Army on June 16, 1952, for which he was previously awarded
the Silver Star.
(b) Authorization for Award of the Medal of Honor to David R.
Halbruner for Acts of Valor on September 11-12, 2012.--
(1) Authorization.--Notwithstanding the time limitations
specified in section 7274 of title 10, United States Code, or
any other time limitation with respect to the awarding of
certain medals to persons who served in the Armed Forces, the
President may award the Medal of Honor under section 7272 of
such title to David R. Halbruner for the acts of valor described
in the paragraph (2).
(2) Acts of valor described.--The acts of valor described in
this paragraph are the actions of David R. Halbruner as
[[Page 136 STAT. 2611]]
a master sergeant in the Army on September 11-12, 2012, for
which he was previously awarded the Distinguished-Service Cross.
SEC. 583. <<NOTE: President.>> POSTHUMOUS APPOINTMENT OF ULYSSES
S. GRANT TO GRADE OF GENERAL OF THE ARMIES
OF THE UNITED STATES.
The President is authorized to appoint Ulysses S. Grant posthumously
to the grade of General of the Armies of the United States, equal to the
rank and precedence held by General John J. Pershing pursuant to the Act
titled ``An Act Relating to the creation of the office of General of the
Armies of the United States'', approved September 3, 1919 (41 Stat. 283,
ch. 56).
SEC. 584. ENHANCED INFORMATION RELATED TO AWARDING OF THE PURPLE
HEART.
(a) <<NOTE: Deadline. Public information. Web posting. 10 USC 1129
note.>> Publication of Award Criteria.--Not later than 180 days after
the date of the enactment of this Act, each Chief of an Armed Force
shall publish on a publicly available website of such Armed Force
includes a link to--
(1) a description of the background of the Purple Heart;
(2) the eligibility criteria for awarding the Purple Heart;
and
(3) contact information for the awards and decorations
liaison of such Armed Force to facilitate confirmation, by a
veteran or a veteran's next of kin, whether a veteran was
awarded the Purple Heart after December 31, 2002.
(b) Report.--Not later than one year after the date of the enactment
of this Act, each Chief of an Armed Force shall submit to the
congressional defense committees a report on implementation of the
requirements under subsection (a). The report shall--
(1) provide background on the website described in such
subsection;
(2) include the number of requests received by the Armed
Force related to confirming the award of a Purple Heart;
(3) describe the average response time for confirming the
award of a Purple Heart in response to an inquiry from a veteran
or next of kin; and
(4) <<NOTE: Recommenda- tions.>> include recommendations for
decreasing the amount of time taken to respond to such
inquiries.
Subtitle J--Miscellaneous Reports and Other Matters
SEC. 591. REPORT ON NON-CITIZEN MEMBERS OF THE ARMED FORCES.
Section 115a of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(h) Not later than April 1 each year, the Secretary shall submit
to Congress a report that sets forth the following with respect to
personnel:
``(1) The number of members of the Armed Forces who are not
citizens of the United States during the year covered by such
report.
``(2) The immigration status of such members.
``(3) The number of such members naturalized.''.
[[Page 136 STAT. 2612]]
SEC. 592. NOTIFICATION ON MANNING OF AFLOAT NAVAL FORCES:
MODIFICATIONS; CODIFICATION.
(a) Repeals.--
(1) Sunset.--Subsection (e) of section 597 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-
92; 10 U.S.C. 8013 note) is repealed.
(2) Obsolete provision.--Subsection (f) of such section is
repealed.
(b) Definitions: Addition; Clerical Improvements.--Subsection (d) of
such section--
(1) is amended--
(A) by redesignating paragraphs (1), (2), and (3) as
paragraphs (3), (2), and (1), respectively;
(B) by striking the heading of each such paragraph;
and
(C) by adding at the end the following new
paragraph:
``(4) The term `surface combatant vessel' means any littoral
combat ship (including the LCS-1 and LCS-2 classes), frigate
(including the FFG-62 class), destroyer (excluding the DDG-1000
class), or cruiser (including the CG-47 class).''; and
(2) is redesignated as subsection (e).
(c) Establishment of Certain Crewing Requirement.--Such section is
amended by inserting, after subsection (c), the following new subsection
(d):
``(d) Crewing of a Surface Combatant Vessel: Prohibition;
Exception.--(1) Beginning <<NOTE: Effective date. Time period.>> on
October 1, 2025, the Secretary of the Navy may not assign more than one
crew to a covered ship that is a surface combatant vessel if any surface
combatant vessel was included in a notification under subsection (a)
during the 12 months preceding such assignment.
``(2) <<NOTE: Certification. Determination.>> The prohibition under
paragraph (1) shall not apply to a littoral combat ship configured to
conduct mine countermeasures if the Secretary of the Navy submits to the
congressional defense committees a certification and detailed
explanation that such ship is unable to meet operational requirements
regarding mine countermeasures, determined by the commander of a
combatant command concerned, with only one crew.''.
(d) Codification.--
(1) <<NOTE: 10 USC 8013 note, 8227.>> In general.--Such
section, as amended by this section, is transferred to chapter
825 of title 10, United States Code, inserted after section
8226, and redesignated as section 8227.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter <<NOTE: 10 USC prec. 8211.>> is
amended by adding, after the item relating to section 8226, the
following new item:
``8227. Notifications on manning of afloat naval forces.''.
SEC. 593. CLARIFICATION OF AUTHORITY OF NCMAF TO UPDATE CHAPLAINS
HILL AT ARLINGTON NATIONAL CEMETERY.
Section 584(a) of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 38 U.S.C. 2409 note) is amended by adding
at the end the following new paragraph:
``(4) Authority of secretary of the army.--The Secretary of
the Army may permit NCMAF to carry out any action authorized by
this subsection without regard to the time limitation under
section 2409(b)(2)(C) of title 38, United States Code.''.
[[Page 136 STAT. 2613]]
SEC. 594. DISINTERMENT OF REMAINS OF ANDREW CHABROL FROM ARLINGTON
NATIONAL CEMETERY.
(a) <<NOTE: Deadline.>> Disinterment.--Not later than September 30,
2023, the Secretary of the Army shall disinter the remains of Andrew
Chabrol from Arlington National Cemetery.
(b) Notification.--The Secretary of the Army may not carry out
subsection (a) until after notifying the next of kin of Andrew Chabrol.
(c) Disposition.--After carrying out subsection (a), the Secretary
of the Army shall--
(1) relinquish the remains to the next of kin described in
subsection (b); or
(2) if no such next of kin responds to notification under
subsection (b), arrange for disposition of the remains as the
Secretary of the Army determines appropriate.
SEC. 595. <<NOTE: 10 USC 2672 note.>> PILOT PROGRAM ON SAFE
STORAGE OF PERSONALLY OWNED FIREARMS.
(a) Establishment.--The Secretary of Defense shall establish a pilot
program to promote the safe storage of personally owned firearms.
(b) Elements.--Under the pilot program under subsection (a), the
Secretary of Defense shall furnish to members of the Armed Forces who
are participating in the pilot program at military installations
selected under subsection (e) locking devices or firearm safes, or both,
for the purpose of securing personally owned firearms when not in use
(including by directly providing, subsidizing, or otherwise making
available such devices or safes).
(c) Participation.--
(1) Voluntary participation.--Participation by members of
the Armed Forces in the pilot program under subsection (a) shall
be on a voluntary basis.
(2) Location of participants.--A member of the Armed Forces
may participate in the pilot program under subsection (a)
carried out at a military installation selected under subsection
(e) regardless of whether the member resides at the military
installation.
(d) <<NOTE: Deadline.>> Plan.--Not later than one year after the
date of the enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the House of
Representatives a plan for the implementation of the pilot program under
subsection (a).
(e) <<NOTE: Deadline.>> Selection of Installations.--Not later than
two years after the date of the enactment of this Act, the Secretary of
Defense shall select not fewer than five military installations at which
to carry out the pilot program under subsection (a).
(f) Effect on Existing Policies.--Nothing in this section shall be
construed to circumvent or undermine any existing safe storage policies,
laws, or regulations on military installations.
(g) Report.--Upon the termination under subsection (h) of the pilot
program under subsection (a), the Secretary of Defense shall submit to
the congressional defense committees a report containing the following
information:
(1) The number and type of locking devices and firearm safes
furnished to members of the Armed Forces under the pilot
program.
(2) <<NOTE: Costs.>> The cost of carrying out the pilot
program.
[[Page 136 STAT. 2614]]
(3) <<NOTE: Analysis.>> An analysis of the effect of the
pilot program on suicide prevention.
(4) Such other information as the Secretary may determine
appropriate, which shall exclude any personally identifiable
information about participants in the pilot program.
(h) Termination.--The pilot program under subsection (a) shall
terminate on the date that is six years after the date of the enactment
of this Act.
SEC. 596. <<NOTE: 10 USC 2632 note.>> PILOT PROGRAM ON CAR
SHARING ON REMOTE OR ISOLATED MILITARY
INSTALLATIONS.
(a) <<NOTE: Deadline.>> Determination.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Defense
shall determine whether it is feasible and advisable to carry out a
pilot program to allow car sharing on more than two remote or isolated
military installations.
(b) <<NOTE: Determination. Plan. Deadline.>> Authority.--If the
Secretary determines that such a pilot program is feasible and
advisable, the Secretary shall submit to the congressional defense
committees a plan to carry out the pilot program not later than 90 days
after such determination.
(c) Program Elements.--To carry out a pilot program under this
section, the Secretary shall take steps including the following:
(1) <<NOTE: Contracts.>> Seek to enter into an agreement
with an entity that--
(A) provides car sharing services; and
(B) is capable of serving the selected military
installations.
(2) Provide to members assigned to such military
installations the resources the Secretary determines necessary
to participate in such pilot program.
(3) Promote such pilot program to such members as the
Secretary determines.
(d) Duration.--A pilot program under this section shall terminate
two years after the Secretary commences such pilot program.
(e) Report.--Upon the termination of a pilot program under this
section, the Secretary of Defense shall submit to the congressional
defense committees a report containing the following information:
(1) The number of individuals who used car sharing services
offered pursuant to the pilot program.
(2) <<NOTE: Costs.>> The cost to the United States of the
pilot program.
(3) <<NOTE: Analysis.>> An analysis of the effect of the
pilot program on mental health and community connectedness of
members described in subsection (b)(2).
(4) Other information the Secretary determines appropriate.
(f) Military Installation Defined.--In this section, the term
``military installation'' has the meaning given such term in section
2801 of title 10, United States Code.
SEC. 597. BRIEFING ON THE EFFECTS OF ECONOMIC INFLATION ON MEMBERS
OF THE ARMED FORCES.
The Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a briefing on the
extent to which economic inflation has affected members of the Armed
Forces.
[[Page 136 STAT. 2615]]
SEC. 598. STUDY ON IMPROVEMENT OF ACCESS TO VOTING FOR MEMBERS OF
THE ARMED FORCES OVERSEAS.
(a) Study Required.--The Director of the Federal Voting Assistance
Program of the Department of Defense shall conduct a study on means of
improving access to voting for members of the Armed Forces overseas.
(b) Report.--Not later than September 30, 2024, the Director shall
submit to Congress a report on the results of the study conducted under
subsection (a). The report shall include the following:
(1) <<NOTE: Survey.>> The results of a survey, undertaken
for purposes of the study, of Voting Assistance Officers and
members of the Armed Forces overseas on means of improving
access to voting for such members, including through the
establishment of unit-level assistance mechanisms or permanent
voting assistance offices.
(2) <<NOTE: Cost estimate.>> An estimate of the costs and
requirements in connection with an expansion of the number of
Voting Assistance Officers in order to fully meet the needs of
members of the Armed Forces overseas for access to voting.
(3) <<NOTE: Assessment.>> A description and assessment of
various actions to be undertaken under the Federal Voting
Assistance Program in order to increase the capabilities of the
Voting Assistance Officer program.
SEC. 599. REPORT ON INCIDENCE OF MILITARY SUICIDES BY MILITARY JOB
CODE.
(a) <<NOTE: Review. Effective date.>> Report.--Not later than
December 31, 2023, the Secretary of Defense, in coordination with the
Secretary of Homeland Security with regards to the Coast Guard, shall
conduct a review and submit to the Committees on Armed Services of the
Senate and House of Representatives a report on the rates of suicides in
the Armed Forces, beginning after September 11, 2001, disaggregated by--
(1) year;
(2) military job code (Army military occupational specialty,
Navy enlisted classification or billet, Marine Corps military
occupational specialty, Air Force specialty code, or Coast Guard
rating); and
(3) whether the member was serving on active duty, in the
National Guard, or as a Reserve.
(b) <<NOTE: Data.>> Elements.--The report required under subsection
(a) shall include the following elements:
(1) A compilation of suicide data by military job code to
determine which military career fields have a higher per capita
suicide rate compared to--
(A) other military career fields for the same
period;
(B) the overall suicide rate for each Armed Force
for the same period;
(C) the overall suicide rate for the Department of
Defense for the same period; and
(D) the national suicide rate for the same period.
(2) A disaggregation of suicide data by age categories
consistent with the age categories used in the Department of
Defense Annual Suicide Report.
[[Page 136 STAT. 2616]]
(c) <<NOTE: Deadline.>> Interim Briefing.--Not later than June 1,
2023, the Secretary of Defense shall provide to the Committees on Armed
Services of the Senate and House of Representatives a briefing on the
preliminary findings of the review conducted under this section.
SEC. 599A. REPORT ON EFFORTS TO PREVENT AND RESPOND TO DEATHS BY
SUICIDE IN THE NAVY.
(a) Review Required.--The Inspector General of the Department of
Defense shall conduct a review of the efforts by the Secretary of the
Navy to--
(1) prevent incidents of deaths by suicide, suicide
attempts, and suicidal ideation among covered members; and
(2) respond to such incidents.
(b) <<NOTE: Assessments.>> Elements of Review.--The study conducted
under subsection (a) shall include an assessment of each of the
following:
(1) <<NOTE: Data.>> The extent of data collected regarding
incidents of deaths by suicide, suicide attempts, and suicidal
ideation among covered members, including data regarding whether
such covered members are assigned to sea duty or shore duty at
the time of such incidents.
(2) The means used by commanders to prevent and respond to
incidents of deaths by suicide, suicide attempts, and suicidal
ideation among covered members.
(3) Challenges related to--
(A) the prevention of incidents of deaths by
suicide, suicide attempts, and suicidal ideation among
members of the Navy assigned to sea duty; and
(B) the development of a response to such incidents.
(4) The capacity of teams providing mental health services
to covered members to respond to incidents of suicidal ideation
or suicide attempts among covered members in the respective unit
each such team serves.
(5) The means used by such teams to respond to such
incidents, including the extent to which post-incident programs
are available to covered members.
(6) Such other matters as the Inspector General considers
appropriate in connection with the prevention of deaths by
suicide, suicide attempts, and suicidal ideation among covered
members.
(c) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Inspector General of the Department of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report that includes a summary of the
results of the review conducted under subsection (a).
(d) Covered Member Defined.--In this section the term ``covered
member'' means a member of the Navy assigned to sea duty or shore duty.
SEC. 599B. REPORT ON OFFICER PERSONNEL MANAGEMENT AND THE
DEVELOPMENT OF THE PROFESSIONAL MILITARY
ETHIC OF THE SPACE FORCE.
(a) Report Required.--Not later than June 1, 2023, the Secretary of
the Air Force shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report on officer personnel
management and the development of the professional military ethic of the
Space Force.
[[Page 136 STAT. 2617]]
(b) Elements.--The report required under subsection (a) shall
include the following elements:
(1) A description of issues related to officer development
in the Space Force, including--
(A) the professional military education model for
professional education of, and continual learning for,
officers of the Space Force;
(B) the career development model for officers of the
Space Force, including key knowledge, skills, and
attributes expected of Space Force officers at each of
the company grade, field grade, and general officer
levels;
(C) desired career trajectories for Space Force
officers, including key assignments throughout
identified Space Force career tracks and how the
flexibility of the Space Force Component proposal will
be used to achieve these desired career paths;
(D) how proposed constructive credit for civilian
education and non-military experience in related space
industry or government sectors will align with the
proposed PME and career development models; and
(E) how the Space Force Component proposal will
enable officers to achieve joint qualifications required
for promotion to general officer.
(2) A description of issues related to officer accessions of
the Space Force, including--
(A) the expected sources of commissioning for
officers of the Space Force, including the desired
proportions of officer assessments from the Reserve
Officer Training Corps, military service academies,
Officer Training School, and direct commissions at each
grade above O-1;
(B) the role of proposed constructive credit for
civilian education and non-military experience in
accessing officers at each grade above O-1 and the
extent to which the Space Force plans to grant
constructive credit in determining an officer's entry
grade at each grade above O-1; and
(C) the role of targeted recruiting, as described in
the Guardian Ideal, for officer accessions, including
how it will work, how frequently it will be used, for
what positions, and how it will fit into overall officer
accessions.
(3) A description of issues related to the professional
military ethic of the Space Force, including--
(A) how the proposed talent management system,
career development model, PME model, and proposed Space
Force Component structure will affect the development of
a unique military culture of the Space Force as an Armed
Force with space as a warfighting domain;
(B) the role of the professional military ethic in
the Space Force, including expectations of commissioned
officers as public servants and military leaders;
(C) the expected role of civilian employees of the
Space Force in the development and stewardship of the
Space Force as an Armed Force, and how such employees
are distinct from members of the Space Force;
(D) the ethical implications of creating a force
that is designed to ``partner effectively with other
space-interested entities,'' as described in the
Guardian Ideal,
[[Page 136 STAT. 2618]]
and how the Space Force intends to address any ethical
conflicts arising from its desired close partnership
with non-military and non-governmental entities in
private industry; and
(E) the specific barriers between officers, enlisted
members, and civilian employees that are described as
``unnecessary'' in the Guardian Ideal, how and why such
barriers are unnecessary for the Space Force, and any
statutory or policy changes the Space Force proposes to
remove such barriers, including any proposed changes to
the Uniform Code of Military Justice.
(4) Any other issues related to personnel management and
professional development of officers of the Space Force that the
Secretary of the Air Force determines appropriate.
(c) Definitions.--In this section:
(1) The term ``Guardian Ideal'' means the document with that
title, dated September 17, 2021, and issued by the Chief of
Space Operations.
(2) The term ``PME'' means professional military education.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Bonus and Incentive Pays
Sec. 601. One-year extension of certain expiring bonus and special pay
authorities.
Sec. 602. Increase to maximum amounts of certain bonus and special pay
authorities.
Sec. 603. Cold weather duty: authorization of assignment or special duty
pay; travel allowance for members of the Armed Forces
assigned to Alaska.
Sec. 604. Air Force rated officer retention demonstration program.
Subtitle B--Allowances Other Than Travel and Transportation Allowances
Sec. 611. Increases in maximum allowable income for purposes of
eligibility for basic needs allowance.
Sec. 612. Extension of authority to temporarily adjust basic allowance
for housing in certain areas.
Sec. 613. Temporary continuation of rate of basic allowance for housing
for members of the Armed Forces whose sole dependent dies
while residing with the member.
Sec. 614. Basic allowance for housing for members without dependents
when home port change would financially disadvantage member.
Sec. 615. Revival and redesignation of provision establishing benefits
for certain members assigned to the Defense Intelligence
Agency.
Sec. 616. Extension of one-time uniform allowance for officers who
transfer to the Space Force.
Sec. 617. OCONUS cost of living allowance: adjustments; notice to
certain congressional committees.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Allowable travel and transportation allowances: complex
overhaul.
Sec. 622. Expansion of authority to reimburse a member of the uniformed
services for spousal business costs arising from a permanent
change of station.
Sec. 623. Extension of authority to reimburse members for spouse
relicensing costs pursuant to a permanent change of station.
Sec. 624. Reimbursement of a member of the uniformed services for costs
to relocate a pet that arise from a permanent change of
station.
Sec. 625. Travel and transportation allowances for certain members of
the Armed Forces who attend a professional military education
institution or training classes.
Sec. 626. Conforming amendments to update references to travel and
transportation authorities.
Sec. 627. Pilot program to reimburse members of the Armed Forces for
certain child care costs incident to a permanent change of
station or assignment.
[[Page 136 STAT. 2619]]
Subtitle D--Leave
Sec. 631. Technical amendments to leave entitlement and accumulation.
Sec. 632. Modification of authority to allow members of the Armed Forces
to accumulate leave in excess of 60 days.
Sec. 633. Convalescent leave for a member of the Armed Forces.
Subtitle E--Family and Survivor Benefits
Sec. 641. Claims relating to the return of personal effects of a
deceased member of the Armed Forces.
Sec. 642. Extension of parent fee discount to child care employees.
Sec. 643. Survivor Benefit Plan open season.
Sec. 644. Military installations with limited child care: briefing.
Sec. 645. Food insecurity among military families: data collection;
training; report.
Subtitle F--Defense Resale Matters
Sec. 651. Prohibition of the sale of certain goods from the Xinjiang
Uyghur Autonomous Region in commissaries and exchanges.
Subtitle G--Miscellaneous Studies, Briefings and Reports
Sec. 661. Study on basic pay.
Sec. 662. Report on accuracy of basic allowance for housing.
Sec. 663. Review of dislocation and relocation allowances.
Sec. 664. Complex overhaul pay: briefing.
Sec. 665. Studies on compensation for DOD child care providers.
Sec. 666. Barriers to home ownership for members of the Armed Forces:
study; report.
Subtitle A--Bonus and Incentive Pays
SEC. 601. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND SPECIAL
PAY AUTHORITIES.
(a) Authorities Relating to Reserve Forces.--Section 910(g) of title
37, United States Code, relating to income replacement payments for
reserve component members experiencing extended and frequent
mobilization for active duty service, is amended by striking ``December
31, 2022'' and inserting ``December 31, 2023''.
(b) Title 10 Authorities Relating to Health Care Professionals.--The
following sections of title 10, United States Code, are amended by
striking ``December 31, 2022'' and inserting ``December 31, 2023'':
(1) Section 2130a(a)(1), relating to nurse officer candidate
accession program.
(2) Section 16302(d), relating to repayment of education
loans for certain health professionals who serve in the Selected
Reserve.
(c) Authorities Relating to Nuclear Officers.--Section 333(i) of
title 37, United States Code, is amended by striking ``December 31,
2022'' and inserting ``December 31, 2023''.
(d) Authorities Relating to Title 37 Consolidated Special Pay,
Incentive Pay, and Bonus Authorities.--The following sections of title
37, United States Code, are amended by striking ``December 31, 2022''
and inserting ``December 31, 2023'':
(1) Section 331(h), relating to general bonus authority for
enlisted members.
(2) Section 332(g), relating to general bonus authority for
officers.
(3) Section 334(i), relating to special aviation incentive
pay and bonus authorities for officers.
(4) Section 335(k), relating to special bonus and incentive
pay authorities for officers in health professions.
[[Page 136 STAT. 2620]]
(5) Section 336(g), relating to contracting bonus for cadets
and midshipmen enrolled in the Senior Reserve Officers' Training
Corps.
(6) Section 351(h), relating to hazardous duty pay.
(7) Section 352(g), relating to assignment pay or special
duty pay.
(8) Section 353(i), relating to skill incentive pay or
proficiency bonus.
(9) Section 355(h), relating to retention incentives for
members qualified in critical military skills or assigned to
high priority units.
(e) Authority to Provide Temporary Increase in Rates of Basic
Allowance for Housing.--Section 403(b) of title 37, United States Code,
is amended--
(1) in paragraph (7)(E), by striking ``December 31, 2022''
and inserting ``December 31, 2023''; and
(2) in paragraph (8)(C), by striking ``September 30, 2022''
and inserting ``December 31, 2023''.
SEC. 602. INCREASE TO MAXIMUM AMOUNTS OF CERTAIN BONUS AND SPECIAL
PAY AUTHORITIES.
(a) General Bonus Authority for Enlisted Members.--Section 331(c)(1)
of title 37, United States Code, is amended--
(1) in subparagraph (A), by striking ``$50,000'' and
inserting ``$75,000''; and
(2) in subparagraph (B), by striking ``$30,000'' and
inserting ``$50,000''.
(b) Special Bonus and Incentive Pay Authorities for Nuclear
Officers.--Section 333(d)(1)(A) of title 37, United States Code, is
amended by striking ``$50,000'' and inserting ``$75,000''.
(c) Special Aviation Incentive Pay and Bonus Authorities for
Officers.--Section 334(c)(1) of title 37, United States Code, is
amended--
(1) in subparagraph (A), by striking ``$1,000'' and
inserting ``$1,500''; and
(2) in subparagraph (B), by striking ``$35,000'' and
inserting ``$50,000''.
(d) Skill Incentive Pay or Proficiency Bonus.--Section 353(c)(1)(A)
of title 37, United States Code, is amended by striking ``$1,000'' and
inserting ``$1,750''.
SEC. 603. COLD WEATHER DUTY: AUTHORIZATION OF ASSIGNMENT OR
SPECIAL DUTY PAY; TRAVEL ALLOWANCE FOR
MEMBERS OF THE ARMED FORCES ASSIGNED TO
ALASKA.
(a) Pay.--Section 352(a)(2) of title 37, United States Code, is
amended by inserting ``(including a cold weather location)'' after
``location''.
(b) Travel Allowance.--
(1) <<NOTE: Reimbursement.>> Establishment.--During the
period specified in paragraph (5), the Secretary of a military
department shall reimburse an eligible member of the armed
forces for the cost of airfare for that member to travel to the
home of record of the member.
(2) Eligible members.--A member of the armed forces is
eligible for a reimbursement under paragraph (1) if--
(A) the member is assigned to a duty location in
Alaska; and
[[Page 136 STAT. 2621]]
(B) an officer in a grade above O-5 in the chain of
command of the member authorizes the travel of the
member.
(3) Treatment of time as leave.--The time during which an
eligible member is absent from duty for travel reimbursable
under paragraph (1) shall be treated as leave for purposes of
section 704 of title 10, United States Code.
(4) <<NOTE: Deadline.>> Briefing required.--Not later than
February 1, 2024, the Secretary shall provide to the Committees
on Armed Services of the Senate and the House of Representatives
a briefing on--
(A) the use and effectiveness of reimbursements
under paragraph (1);
(B) the calculation and use of the cost of living
allowance for a member assigned to a duty location in
Alaska; and
(C) the use of special pays and other allowances as
incentives for cold weather proficiency or duty
location.
(5) Period specified.--The period specified in this
paragraph is the period--
(A) beginning on the date of the enactment of this
Act; and
(B) ending on December 31, 2023.
SEC. 604. <<NOTE: 37 USC 301b note.>> AIR FORCE RATED OFFICER
RETENTION DEMONSTRATION PROGRAM.
(a) <<NOTE: Assessment.>> Program Requirement.--The Secretary shall
establish and carry out within the Department of the Air Force a
demonstration program to assess and improve retention on active duty in
the Air Force of rated officers described in subsection (b).
(b) Rated Officers Described.--Rated officers described in this
subsection are rated officers serving on active duty in the Air Force,
excluding rated officers with a reserve appointment in the Air National
Guard or Air Force Reserve--
(1) whose continued service on active duty would be in the
best interest of the Department of the Air Force, as determined
by the Secretary; and
(2) <<NOTE: Time period.>> who have not more than three
years and not less than one year remaining on an active duty
service obligation under section 653 of title 10, United States
Code.
(c) Written Agreement.--
(1) <<NOTE: Time period.>> In general.--Under the
demonstration program required under subsection (a), the
Secretary shall offer retention incentives under subsection (d)
to a rated officer described in subsection (b) who executes a
written agreement to remain on active duty in a regular
component of the Air Force for not less than four years after
the completion of the active duty service obligation of the
officer under section 653 of title 10, United States Code.
(2) <<NOTE: Determination. Expiration date. Deadline.>>
Exception.--If the Secretary of the Air Force determines that an
assignment previously guaranteed under subsection (d)(1) to a
rated officer described in subsection (b) cannot be fulfilled,
the agreement of the officer under paragraph (1) to remain on
active duty shall expire not later than one year after that
determination.
(d) Retention Incentives.--
[[Page 136 STAT. 2622]]
(1) Guarantee of future assignment location.--Under the
demonstration program required under subsection (a), the
Secretary may offer to a rated officer described in subsection
(b) a guarantee of future assignment locations based on the
preference of the officer.
(2) Aviation bonus.--Under the demonstration program
required under subsection (a), notwithstanding section 334(c) of
title 37, United States Code, the Secretary may pay to a rated
officer described in subsection (b) an aviation bonus not to
exceed an average annual amount of $50,000 (subject to paragraph
(3)(B)).
(3) Combination of incentives.--The Secretary may offer to a
rated officer described in subsection (b) a combination of
incentives under paragraphs (1) and (2).
(e) <<NOTE: Deadline.>> Annual Briefing.--Not later than December
31, 2023, and annually thereafter until the termination of the
demonstration program required under subsection (a), the Secretary shall
provide to the Committees on Armed Services of the Senate and the House
of Representatives a briefing describing the use of such demonstration
program and its effects on the retention on active duty in the Air Force
of rated officers described in subsection (b).
(f) Definitions.--In this section:
(1) Rated officer.--The term ``rated officer'' means an
officer specified in section 9253 of title 10, United States
Code.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Air Force.
(g) Termination.--This section shall terminate on December 31, 2028.
Subtitle B--Allowances Other Than Travel and Transportation Allowances
SEC. 611. INCREASES IN MAXIMUM ALLOWABLE INCOME FOR PURPOSES OF
ELIGIBILITY FOR BASIC NEEDS ALLOWANCE.
(a) In General.--Section 402b(b) of title 37, United States Code, is
amended--
(1) by striking ``130 percent'' both places it appears and
inserting ``150 percent''; and
(2) in paragraph (2)--
(A) by inserting ``(A)'' before ``the gross'';
(B) by striking ``; and'' and inserting ``; or'';
and
(C) by inserting at the end the following:
``(B) <<NOTE: Determination.>> if the Secretary concerned
determines it appropriate (based on location, household need, or
special circumstance), the gross household income of the member
during the most recent calendar year did not exceed an amount
equal to 200 percent of the Federal poverty guidelines of the
Department of Health and Human Services for the location of the
member and the number of individuals in the household of the
member for such year; and''.
(b) <<NOTE: Deadline. 37 USC 402b note.>> Implementation.--Not later
than January 1, 2024, the Secretary concerned (as defined in section 101
of title 37, United States Code) shall modify the calculation of the
basic needs allowance under section 402b of title 37, United States
Code, to implement the amendments made by subsection (a).
[[Page 136 STAT. 2623]]
SEC. 612. EXTENSION OF AUTHORITY TO TEMPORARILY ADJUST BASIC
ALLOWANCE FOR HOUSING IN CERTAIN AREAS.
Section 403(b)(8)(C) of title 37, United States Code, is amended by
striking ``2022'' and inserting ``2024''.
SEC. 613. TEMPORARY CONTINUATION OF RATE OF BASIC ALLOWANCE FOR
HOUSING FOR MEMBERS OF THE ARMED FORCES
WHOSE SOLE DEPENDENT DIES WHILE RESIDING
WITH THE MEMBER.
(a) Authority.--Section 403 of title 37, United States Code, as
amended by section 612, is further amended--
(1) by redesignating subsections (m) through (p) as
subsections (n) through (q); and
(2) by inserting after subsection (l) the following new
subsection (m):
``(m) Temporary Continuation of Rate of Basic Allowance for Members
of the Armed Forces Whose Sole Dependent Dies While Residing With the
Member.--(1) Notwithstanding subsection (a)(2) or any other section of
law, the Secretary of Defense or the Secretary of the Department in
which the Coast Guard is operating, may, after the death of the sole
dependent of a member of the armed forces, continue to pay a basic
allowance for housing to such member at the rate paid to such member on
the date of such death if--
``(A) such sole dependent dies--
``(i) while the member is on active duty; and
``(ii) while residing with the member, unless
separated by the necessity of military service or to
receive institutional care as a result of disability or
incapacitation or under such other circumstances as the
Secretary concerned may by regulation prescribe; and
``(B) the member is not occupying a housing facility under
the jurisdiction of the Secretary concerned on the date of the
death of the sole dependent.
``(2) <<NOTE: Termination date.>> The continuation of the rate of
an allowance under this subsection shall terminate upon the earlier of
the following to occur:
``(A) The day that is one year after the date of the death
of the sole dependent.
``(B) The permanent change of station, or permanent change
of assignment with movement of personal property and household
goods under section 453(c) of this title, of the member.''.
(b) Conforming Amendment.--Section 2881a(c) of title 10, United
States Code, is amended by striking ``section 403(n)'' and inserting
``section 403(o)''.
SEC. 614. BASIC ALLOWANCE FOR HOUSING FOR MEMBERS WITHOUT
DEPENDENTS WHEN HOME PORT CHANGE WOULD
FINANCIALLY DISADVANTAGE MEMBER.
Subsection (p) of section 403 of title 37, United States Code, as
redesignated by section 612, is further amended in subsection (p)--
(1) in the subsection heading, by striking ``Low-cost and
No-cost'' and inserting ``Certain'';
(2) by inserting ``(1)'' before ``In the case of a member
who is assigned''; and
(3) by adding at the end the following new paragraph:
[[Page 136 STAT. 2624]]
<<NOTE: Determination.>> ``(2)(A) In the case of a member without
dependents who is assigned to a unit that undergoes a change of home
port or a change of permanent duty station, if the Secretary concerned
determines that it would be inequitable to base the member's entitlement
to, and amount of, a basic allowance for housing on the new home port or
permanent duty station, the Secretary concerned may--
``(i) <<NOTE: Waiver authority.>> waive the requirement to
base the member's entitlement to, and amount of, a basic
allowance for housing on the new home port or permanent duty
station member; and
``(ii) treat that member for the purposes of this section as
if the unit to which the member is assigned did not undergo such
a change.
``(B) The Secretary concerned may grant a waiver under subparagraph
(A) to not more than 100 members in a calendar year.
``(C) <<NOTE: Deadline. Briefing.>> Not later than March 1 of each
calendar year, the Secretary concerned shall provide a briefing to the
Committees on Armed Services of the Senate and the House of
Representatives on the use of the authority provided by subparagraph (A)
during the preceding calendar year that includes--
``(i) the number of members granted a waiver under
subparagraph (A) during that year; and
``(ii) for each such waiver, an identification of--
``(I) the grade of the member;
``(II) the home port or permanent duty station of
the unit to which the member is assigned before the
change described in subparagraph (A); and
``(III) the new home port or permanent duty station
of that unit.
``(D) <<NOTE: Termination date.>> This paragraph shall cease to be
effective on December 31, 2027.''.
SEC. 615. REVIVAL AND REDESIGNATION OF PROVISION ESTABLISHING
BENEFITS FOR CERTAIN MEMBERS ASSIGNED TO
THE DEFENSE INTELLIGENCE AGENCY.
(a) Revivial.--Section 491 of title 37, United States Code--
(1) is revived to read as it did immediately before its
repeal under section 604 of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81); and
(2) <<NOTE: 37 USC 491, 431.>> is redesignated as section
431 of such title.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 7 of such title <<NOTE: 37 USC prec. 401.>> is amended by
inserting, after the item relating to section 427, the following new
item:
``431. Benefits for certain members assigned to the Defense Intelligence
Agency.''.
SEC. 616. EXTENSION OF ONE-TIME UNIFORM ALLOWANCE FOR OFFICERS WHO
TRANSFER TO THE SPACE FORCE.
Subsection (d)(1) of section 606 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283; 134 Stat. 3672; 37 U.S.C. 416 note) is amended by striking
``September 30, 2022'' and inserting ``September 30, 2023''.
SEC. 617. <<NOTE: 37 USC 403b note.>> OCONUS COST OF LIVING
ALLOWANCE: ADJUSTMENTS; NOTICE TO CERTAIN
CONGRESSIONAL COMMITTEES.
(a) Adjustments.--
(1) Reductions: limitation.--The Secretary of Defense and
the Secretary of the Department in which the Coast Guard
[[Page 136 STAT. 2625]]
is operating may reduce the cost-of-living allowance for a
member of the Armed Forces assigned to a duty station located
outside the United States--
(A) not more than once every six months; or
(B) in connection with a permanent change of station
for such member.
(2) Increases.--The Secretary of Defense and the Secretary
of the Department in which the Coast Guard is operating may
increase the allowance described in paragraph (1) for a member
of the Armed Forces at any time.
(b) <<NOTE: Time period.>> Notice.--The Secretary of Defense shall
notify the Committees on Armed Services of the Senate and House of
Representatives not less than 180 days before modifying a table used to
calculate the living allowance described in subsection (a).
(c) <<NOTE: Deadline.>> Briefing.--Not later than March 1, 2023, the
Secretary of Defense shall submit to the Committees on Armed Services of
the Senate and House of Representatives a briefing containing--
(1) <<NOTE: Determination.>> the determination of the
Secretary regarding the effects of this section on the allowance
described in subsection (a);
(2) <<NOTE: Assessment.>> an assessment of the
representative market basket of goods and services used to
determine such allowance, including the methodology to identify
such market basket and the frequency with which such allowance
is adjusted; and
(3) the methodology and process by which surveys regarding
such allowance are updated, including the average response rates
and the efforts undertaken to ensure a representative sample of
beneficiaries are surveyed.
Subtitle C--Travel and Transportation Allowances
SEC. 621. ALLOWABLE TRAVEL AND TRANSPORTATION ALLOWANCES: COMPLEX
OVERHAUL.
Section 452 of title 37, United States Code, is amended, in
subsection (b)--
(1) by redesignating the second paragraph (18) as paragraph
(21); and
(2) by adding at the end the following new paragraphs:
``(22) Permanent change of assignment to or from a naval
vessel undergoing nuclear refueling or defueling and any
concurrent complex overhaul, even if such assignment is within
the same area as the current assignment of the member.
``(23) Current assignment to a naval vessel entering or
exiting nuclear refueling or defueling and any concurrent
complex overhaul.''.
SEC. 622. EXPANSION OF AUTHORITY TO REIMBURSE A MEMBER OF THE
UNIFORMED SERVICES FOR SPOUSAL BUSINESS
COSTS ARISING FROM A PERMANENT CHANGE OF
STATION.
(a) In General.--Section 453 of title 37, United States Code, is
amended, in subsection (g)--
(1) in the heading, by inserting ``or Business Costs'' after
``Relicensing Costs'';
(2) in paragraph (1), by inserting ``or qualified business
costs'' after ``qualified relicensing costs'';
[[Page 136 STAT. 2626]]
(3) in paragraph (2)--
(A) by inserting ``(A)'' before ``Reimbursement'';
(B) by inserting ``for qualified relicensing costs''
after ``subsection'';
(C) by striking ``$1000'' and inserting ``$1,000'';
and
(D) by adding at the end the following new
subparagraph:
``(B) Reimbursement provided to a member under this subsection for
qualified business costs may not exceed $1,000 in connection with each
reassignment described in paragraph (1).'';
(4) in paragraph (3), by inserting ``or qualified business
costs'' after ``qualified relicensing costs'';
(5) in paragraph (4)--
(A) in the matter preceding subparagraph (A), by
inserting ``business license, permit,'' after
``courses,'';
(B) in subparagraph (A)--
(i) by inserting ``, or owned a business,''
before ``during'';
(ii) by inserting ``professional'' before
``license''; and
(iii) by inserting ``, or business license or
permit,'' after ``certification''; and
(C) in subparagraph (B)--
(i) by inserting ``professional'' before
``license''; and
(ii) by inserting ``, or business license or
permit,'' after ``certification''; and
(6) by adding at the end the following new paragraph:
``(5) <<NOTE: Definition.>> In this subsection, the term `qualified
business costs' means costs, including moving services for equipment,
equipment removal, new equipment purchases, information technology
expenses, and inspection fees, incurred by the spouse of a member if--
``(A) the spouse owned a business during the member's
previous duty assignment and the costs result from a movement
described in paragraph (1)(B) in connection with the member's
change in duty location pursuant to reassignment described in
paragraph (1)(A); and
``(B) the costs were incurred or paid to move such business
to a new location in connection with such reassignment.''.
(b) <<NOTE: Deadline.>> Briefing.--Not later than one year after the
date of the enactment of this Act, each Secretary of a military
department shall submit to the Committees on Armed Services of the
Senate and House of Representatives a briefing regarding implementation
of the amendments made by subsection (a), including--
(1) the number of times such Secretary used the authority
under such amendments; and
(2) the costs to the Federal Government arising from such
usage.
SEC. 623. EXTENSION OF AUTHORITY TO REIMBURSE MEMBERS FOR SPOUSE
RELICENSING COSTS PURSUANT TO A PERMANENT
CHANGE OF STATION.
Section 453 of title 37, United States Code, as amended by section
622, is further amended, in subsection (g)(3), by striking ``December
31, 2024'' and inserting ``December 31, 2029''.
[[Page 136 STAT. 2627]]
SEC. 624. REIMBURSEMENT OF A MEMBER OF THE UNIFORMED SERVICES FOR
COSTS TO RELOCATE A PET THAT ARISE FROM A
PERMANENT CHANGE OF STATION.
Section 453 of title 37, United States Code, as amended by sections
622, and 623, is further amended by adding at the end the following new
subsection:
``(h) Reimbursement for Transportation of Pets Arising From Certain
Permanent Changes of Stations.--(1) The Secretary concerned may
reimburse a member for any cost related to the relocation of a pet that
arises from a permanent change of station of such member within the
continental United States. Such reimbursement may not exceed $550 for
each such permanent change of station.
``(2) The Secretary concerned may reimburse a member for any cost
related to the relocation of a pet that arises from a permanent change
of station of such member to or from a duty station located outside the
continental United States. Such reimbursement may not exceed $4,000 for
each such permanent change of station.''.
SEC. 625. TRAVEL AND TRANSPORTATION ALLOWANCES FOR CERTAIN MEMBERS
OF THE ARMED FORCES WHO ATTEND A
PROFESSIONAL MILITARY EDUCATION
INSTITUTION OR TRAINING CLASSES.
Section 453 of title 37, United States Code, as amended by sections
622, 623, and 624, is further amended by adding at the end the following
new subsection:
``(i) Attendance at Professional Military Education Institution or
Training Classes.--
``(1) The Secretary of the military department concerned may
authorize temporary duty status, and travel and transportation
allowances payable to a member in such status, for a member
under the jurisdiction of such Secretary who is reassigned--
``(A) between duty stations located within the
United States;
``(B) <<NOTE: Time period.>> for a period of not
more than one year;
``(C) for the purpose of participating in
professional military education or training classes,
``(D) with orders to return to the duty station
where the member maintains primary residence and the
dependents of such member reside.
``(2) If the Secretary of the military department concerned
assigns permanent duty status to a member described in paragraph
(1), such member shall be eligible for travel and transportation
allowances including the following:
``(A) Transportation, including mileage at the same
rate paid for a permanent change of station.
``(B) Per diem while traveling between the permanent
duty station and professional military education
institution or training site.
``(C) Per diem paid in the same manner and amount as
temporary lodging expenses.
``(D) Per diem equal to the amount of the basic
allowance for housing under section 403 of this title
paid to a member--
``(i) in the grade of such member;
[[Page 136 STAT. 2628]]
``(ii) without dependents;
``(iii) who resides in the military housing
area in which the professional military education
institution or training site is located.
``(E) Movement of household goods in an amount
determined under applicable regulations.''.
SEC. 626. CONFORMING AMENDMENTS TO UPDATE REFERENCES TO TRAVEL AND
TRANSPORTATION AUTHORITIES.
(a) Balanced Budget and Emergency Deficit Control Act of 1985.--
Section 256(g)(2)(B)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 906(g)(2)(B)(ii)) is amended by striking
``sections 403a and 475'' and inserting ``sections 403b and 405''.
(b) Title 5.--Title 5, United States Code, is amended--
(1) in section 4109(a)(2)--
(A) in subparagraph (A), by striking ``sections 474
and 475'' and inserting ``sections 405 and 452''; and
(B) in subparagraph (B), by striking ``sections 476
and 479'' and inserting ``sections 452 and 453(c)'';
(2) in section 5725(c)(2)(B), by striking ``section
476(b)(1)(H)(iii)'' and inserting ``subsections (c) and (d) of
section 453''; and
(3) in section 5760--
(A) in subsection (c), by striking ``section
481h(b)'' and inserting ``section 451(a)''; and
(B) in subsection (d)--
(i) in paragraph (2), by striking ``section
474(d)'' and inserting ``section 464''; and
(ii) in paragraph (3), by striking ``section
481h(d)(1)'' and inserting ``section 452(d)''.
(c) Title 10.--Title 10, United States Code, is amended--
(1) in section 710--
(A) in subsection (f)(4)(A), in the matter preceding
clause (i), by striking ``section 474'' and inserting
``section 452''; and
(B) in subsection (h)(4), by striking ``section
481f'' and inserting ``section 453(f)'';
(2) in section 1174a(b)(2)(B), by striking ``sections 474
and 476'' and inserting ``sections 452 and 453(c)'';
(3) in section 1175(j), by striking ``sections 474 and 476''
and inserting ``sections 452 and 453(c)'';
(4) in section 1175a(e)(2)(B), by striking ``sections 474
and 476'' and inserting ``sections 452 and 453(c)'';
(5) in section 1491(d)(3), by striking ``section 495(a)(2)''
and inserting ``section 435(a)(2)'';
(6) in section 2013(b)(2)--
(A) in subparagraph (A), by striking ``sections 474
and 475'' and inserting ``sections 405 and 452''; and
(B) in subparagraph (B), by striking ``sections 476
and 479'' and inserting ``sections 452 and 453(c)'';
(7) in section 2493(a)(4)(B)(ii), by striking ``section
481f(d)'' and inserting ``section 453(f)'';
(8) in section 2613(g), by striking ``section 481h(b)'' and
inserting ``section 451(a)''; and
(9) in section 12503--
[[Page 136 STAT. 2629]]
(A) in subsection (a), in the second sentence, by
striking ``sections 206 and 495'' and inserting
``sections 206 and 435'';
(B) in subsection (b)(2)(A), by striking ``section
495'' and inserting ``section 435''; and
(C) in subsection (c), by striking ``chapter 7'' and
inserting ``section 452''.
(d) Title 14.--Section 2764 of title 14, United States Code, is
amended, in the first and third sentences, by striking ``subsection (b)
of section 476'' and inserting ``section 453(c)''.
(e) Title 32.--Section 115 of title 32, United States Code, is
amended--
(1) in subsection (a), in the third sentence, by striking
``sections 206 and 495'' and inserting ``sections 206 and 435'';
(2) in subsection (b)(2)(A), by striking ``section 495'' and
inserting ``section 435''; and
(3) in subsection (c), by striking ``chapter 7'' and
inserting ``section 452''.
(f) National Oceanic and Atmospheric Administration Commissioned
Officer Corps Act of 2002.--Section 236(f)(4)(A) of the National Oceanic
and Atmospheric Administration Commissioned Officer Corps Act of 2002
(33 U.S.C. 3036(f)(4)(A)) is amended, in the matter preceding clause
(i), by striking ``section 474'' and inserting ``section 452''.
(g) Title 36.--Section 2101(b)(2) of title 36, United States Code,
is amended by striking ``section 475'' and inserting ``section 405''.
(h) Title 37.--Title 37, United States Code, is amended--
(1) in section 403--
(A) in subsection (d)(2)(A), by striking ``section
476'' and inserting ``section 452''; and
(B) in subsection (g)--
(i) in paragraph (2), in the second sentence,
by striking ``section 474'' and inserting
``section 452''; and
(ii) in paragraph (3), by striking ``section
476'' and inserting ``section 453(c)'';
(2) in section 420(b), by striking ``sections 474-481'' and
inserting ``section 452'';
(3) in section 422(a), by striking ``section 480'' and
inserting ``section 452'';
(4) in section 427--
(A) in subsection (a)(1)(A), by striking ``section
476'' and inserting ``section 452''; and
(B) in subsection (c)(1), by striking ``section
476'' and inserting ``section 452'';
(5) in section 433(b), by striking ``section 474(d)(2)(A)''
and inserting ``section 452'';
(6) in section 451(a)(2)(H)--
(A) in clause (i), by striking ``section 481f'' and
inserting ``section 453(f)'';
(B) in clause (ii), by striking ``section 481h'' and
inserting ``section 452(b)(12)'';
(C) in clause (iii), by striking ``section 481j''
and inserting ``section 452(b)(13)'';
(D) in clause (iv), by striking ``section 481k'' and
inserting ``section 452(b)(14)''; and
[[Page 136 STAT. 2630]]
(E) in clause (v), by striking ``section 481l'' and
inserting ``section 452(b)(15)'';
(7) in section 1002(b)(1), by striking ``section 474(a)-(d),
and (f),'' and inserting ``section 452'';
(8) in section 1003, by striking ``sections 402-403b, 474-
477, 479-481, and 414'' and inserting ``sections 402 through
403b, 405, 414, 452, and 453''; and
(9) in section 1006(g)--
(A) by striking ``section 477'' and inserting
``section 452(c)(2)''; and
(B) by striking ``section 475a(a)'' and inserting
``section 452(b)(11)''.
(i) Child Nutrition Act of 1966.--Section 17(d)(2)(B)(ii) of the
Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(2)(B)(ii)) is amended by
striking ``section 475'' and inserting ``section 405''.
SEC. 627. <<NOTE: 37 USC 454 note.>> PILOT PROGRAM TO REIMBURSE
MEMBERS OF THE ARMED FORCES FOR CERTAIN
CHILD CARE COSTS INCIDENT TO A PERMANENT
CHANGE OF STATION OR ASSIGNMENT.
(a) Establishment.--The Secretary of Defense shall carry out a pilot
program to reimburse members of the Armed Forces for certain child care
costs incident to a permanent change of station or assignment.
(b) Travel and Transportation Allowances.--Under the pilot program,
the Secretary of Defense shall treat a designated child care provider as
an authorized traveler if child care is not available to a member of the
Armed Forces at a military child development center at the permanent
duty location of such member not later than 30 days after the member
arrives at such location.
(c) Reimbursement of Certain Child Care Costs.--
(1) Authority.--Under the pilot program, the Secretary of
Defense may reimburse a member of the Armed Forces for travel
expenses for a designated child care provider when--
(A) the member is reassigned, either as a permanent
change of station or permanent change of assignment, to
a new duty station;
(B) the movement of the member's dependents is
authorized at the expense of the United States under
section 451 of title 37, United States Code, as part of
the reassignment;
(C) child care is not available at a military child
development center at such duty station not later than
30 days after the member arrives at such duty station;
and
(D) the dependent child is on the wait list for
child care at such military child development center.
(2) Maximum amounts.--Reimbursement provided to a member
under this subsection may not exceed--
(A) $500 for a reassignment between duty stations
within the continental United States; and
(B) $1,500 for a reassignment involving a duty
station outside of the continental United States.
(3) Deadline.--A member may not apply for reimbursement
under this subsection later than one year after a reassignment
described in paragraph (1).
(4) Concurrent receipt prohibited.--In the event a household
contains more than one member eligible for
[[Page 136 STAT. 2631]]
reimbursement under this subsection, reimbursement may be paid
to one member among such members as such members shall jointly
elect.
(d) <<NOTE: Recommenda- tions.>> Report.--Not later than January 1,
2027, the Secretary shall submit to the Committees on Armed Services of
the Senate and House of Representatives a report on the pilot program,
including the recommendation of the Secretary whether to make the pilot
program permanent.
(e) Termination.--The pilot program shall terminate on September 30,
2028.
(f) Definitions.--In this section:
(1) The term ``authorized traveler'' has the meaning given
such term in section 451 of title 37, United States Code.
(2) The term ``designated child care provider'' means an
adult selected by a member of the armed forces to provide child
care to a dependent child of such member.
(3) The term ``military child development center'' has the
meaning given such term in section 1800 of title 10, United
States Code.
Subtitle D--Leave
SEC. 631. TECHNICAL AMENDMENTS TO LEAVE ENTITLEMENT AND
ACCUMULATION.
(a) Repeal of Obsolete Authority.--Section 701 of title 10, United
States Code, is amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e) through (m) as
subsections (d) through (l).
(b) Conforming Amendments to Section 701 of Title 10.--Section 701
of title 10, United States Code, is amended--
(1) in subsection (b), by striking ``subsections (d), (f),
and (g)'' and inserting ``subsections (e) and (f)'';
(2) in subsection (f), as redesignated by subsection (a)(2),
in the first sentence, by striking ``subsections (b), (d), and
(f)'' and inserting ``subsections (b) and (e)''; and
(3) in subsection (i), as so redesignated, in the first
sentence, by striking ``subsections (b), (d), and (f)'' and
inserting ``subsections (b) and (e)''.
(c) Conforming Amendments to Other Provisions of Law.--
(1) Title 14.--Section 2508(a) of title 14, United States
Code, is amended by striking ``section 701(f)(2)'' and inserting
``section 701(e)''.
(2) Title 37.--Title 37, United States Code, is amended--
(A) in section 501--
(i) in subsection (b)(6), by striking ``120
days of leave under section 701(f)(1)'' and
inserting ``90 days of leave under section
701(e)''; and
(ii) in subsection (h), by striking ``section
701(g)'' and inserting ``section 701(f)''; and
(B) in section 502(b), by striking ``section
701(h)'' and inserting ``section 701(g)''.
(d) <<NOTE: 10 USC 701 note.>> Effective Date.--The amendments made
by this section take effect on January 1, 2023.
[[Page 136 STAT. 2632]]
SEC. 632. <<NOTE: Time periods.>> MODIFICATION OF AUTHORITY TO
ALLOW MEMBERS OF THE ARMED FORCES TO
ACCUMULATE LEAVE IN EXCESS OF 60 DAYS.
(a) In General.--Section 701 of title 10, United States Code, as
amended by section 631, is further amended by striking subsection (e)
and inserting the following:
``(e)(1) <<NOTE: Regulations.>> The Secretary concerned, under
uniform regulations to be prescribed by the Secretary of Defense, may
authorize a member described in paragraph (2) to retain not more than 30
days of excess leave.
``(2) A member described in this paragraph is a member who--
``(A)(i) serves on active duty for a continuous period of at
least 120 days for which the member is entitled to special pay
under section 310(a) of title 37; or
``(ii) is assigned to a deployable ship or mobile unit or to
other duty designated for the purposes of this section;
``(B) except for this subsection, would lose any excess
leave at the end of the fiscal year; and
``(C) receives, from the first officer in a grade above O-6
in the chain of command of such member, written authorization to
retain such excess leave.
``(3) Excess leave retained by a member under this subsection shall
be forfeited unless used before the end of the second fiscal year after
the end of the fiscal year in which the service or assignment described
in paragraph (2)(A) terminated.
``(4) <<NOTE: Definition.>> In this subsection, the term `excess
leave' means leave accrued by a member in excess of the number of days
of leave authorized to be accumulated under subsection (b).''.
(b) <<NOTE: 10 USC 701 note.>> Transition Rule.--Leave in excess of
90 days, accumulated by a member of the Armed Forces under section 701
of such title before the effective date under subsection (c), is
forfeited unless--
(1) used by the member on or before September 30, 2026; or
(2) the retention of such leave is otherwise authorized by
law.
(c) <<NOTE: 10 USC 701 note.>> Effective Date.--The amendment made
by subsection (a) takes effect on January 1, 2023.
SEC. 633. CONVALESCENT LEAVE FOR A MEMBER OF THE ARMED FORCES.
(a) In General.--Section 701 of title 10, United States Code, as
amended by sections 631 and 632, is further amended by adding at the end
the following new subsection:
``(m)(1) Except as provided by subsection (h)(3), and under
regulations prescribed by the Secretary of Defense, a member of the
armed forces diagnosed with a medical condition is allowed convalescent
leave if--
``(A) the medical or behavioral health provider of the
member--
``(i) <<NOTE: Determination.>> determines that the
member is not yet fit for duty as a result of that
condition; and
``(ii) <<NOTE: Recommenda- tions.>> recommends such
leave for the member to provide for the convalescence of
the member from that condition; and
``(B) the commanding officer of the member or the commander
of the military medical treatment facility authorizes such leave
for the member.
[[Page 136 STAT. 2633]]
<<NOTE: Time period.>> ``(2) A member may take not more than 30
days of convalescent leave under paragraph (1) with respect to a
condition described in that paragraph unless--
``(A) such leave in excess of 30 days is authorized by--
``(i) the Secretary concerned; or
``(ii) an individual at the level designated by the
Secretary concerned, but not below the grade of O-5 or
the civilian equivalent; or
``(B) the member is authorized to receive convalescent leave
under subsection (h)(3) in conjunction with the birth of a
child.
``(3)(A) Convalescent leave may be authorized under paragraph (1)
only for a medical condition of a member and may not be authorized for a
member in connection with a condition of a dependent or other family
member of the member.
``(B) In authorizing convalescent leave for a member under paragraph
(1) with respect to a condition described in that paragraph, the
commanding officer of the member or the commander of the military
medical treatment facility, as the case may be, shall--
``(i) limit the duration of such leave to the minimum
necessary in relation to the diagnosis, prognosis, and probable
final disposition of the condition of the member; and
``(ii) authorize leave tailored to the specific medical
needs of the member rather than (except for convalescent leave
provided for under subsection (h)(3)) authorizing leave based on
a predetermined formula.
``(4) A member taking convalescent leave under paragraph (1) shall
not have the member's leave account reduced as a result of taking such
leave.
``(5) <<NOTE: Definition.>> In this subsection, the term `military
medical treatment facility' means a facility described in subsection
(b), (c), or (d) of section 1073d of this title.''.
(b) Treatment of Convalescent Leave for Birth of Child.--Paragraph
(4) of subsection (h) of such section, as redesignated by section 632,
is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(2) by inserting ``(A)'' after ``(4)''; and
(3) by adding at the end the following new subparagraph:
``(B) Convalescent leave may be authorized under subparagraph (A)
only for a medical condition of a member and may not be authorized for a
member in connection with a condition of a dependent or other family
member of the member.''.
(c) <<NOTE: 10 USC 701 note.>> Effective Date.--The amendments made
by this section shall take effect on January 1, 2023.
Subtitle E--Family and Survivor Benefits
SEC. 641. CLAIMS RELATING TO THE RETURN OF PERSONAL EFFECTS OF A
DECEASED MEMBER OF THE ARMED FORCES.
Section 1482(a) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(11)(A) Delivery of personal effects of a decedent to the
next of kin or other appropriate person.
``(B) If the Secretary concerned enters into an agreement
with an entity to carry out subparagraph (A), the Secretary
[[Page 136 STAT. 2634]]
concerned may, at the request of the person described in such
subparagraph, pursue a claim against such entity that arises
from the failure of such entity to substantially perform such
subparagraph.
``(C) <<NOTE: Reimbursement.>> If an entity described in
subparagraph (B) fails to substantially perform subparagraph (A)
by damaging, losing, or destroying the personal effects of a
decedent, the Secretary concerned shall reimburse the person
designated under subsection (c) the greater of $1,000 or the
fair market value of such damage, loss, or destruction. The
Secretary concerned may request, from the person designated
under subsection (c), proof of fair market value and ownership
of the personal effects.''.
SEC. 642. EXTENSION OF PARENT FEE DISCOUNT TO CHILD CARE
EMPLOYEES.
Section 1793 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(d) Child Care Employee Discount.--The Secretary of Defense may,
to support recruitment and retention initiatives, charge a child care
employee, whose child attends a military child development center, a
reduced fee for such attendance.''.
SEC. 643. <<NOTE: 10 USC 1448 note.>> SURVIVOR BENEFIT PLAN OPEN
SEASON.
(a) Elections by Persons Not Currently Participating in Survivor
Benefit Plan.--
(1) Election of sbp coverage.--An eligible retired or former
member may elect to participate in the Survivor Benefit Plan
during the open season described in subsection (e).
(2) Eligible retired or former members.--For purposes of
paragraph (1), an eligible retired or former member is a member
or former member of the uniformed services who, on or before the
day before the first day of the open season described in
subsection (e)--
(A) is entitled to retired pay; or
(B) would be entitled to retired pay under chapter
1223 of title 10, United States Code (or chapter 67 of
such title as in effect before October 5, 1994), but for
the fact that such member or former member is under 60
years of age.
(3) Status under sbp of persons making elections.--
(A) Standard annuity.--A person making an election
under paragraph (1) by reason of eligibility under
paragraph (2)(A) shall be treated for all purposes as
providing a standard annuity under the Survivor Benefit
Plan.
(B) Reserve-component annuity.--A person making an
election under paragraph (1) by reason of eligibility
under paragraph (2)(B) shall be treated for all purposes
as providing a reserve-component annuity under the
Survivor Benefit Plan.
(4) Premiums for open season.--
(A) <<NOTE: Regulations.>> Premiums to be
charged.--The Secretary of Defense shall prescribe in
regulations premiums that a person who makes an election
under paragraph (1) shall be required to pay for
participating in the Survivor Benefit Plan pursuant to
the election.
(B) Amount of premiums.--The total amount of the
premiums to be paid by a person under the regulations
[[Page 136 STAT. 2635]]
prescribed under subparagraph (A) shall be equal to the
sum of--
(i) the total amount by which the retired pay
of the person would have been reduced before the
effective date of the election under subsection
(d) if the person had elected to participate in
the Survivor Benefit Plan (for the same base
amount specified in the election) at the first
opportunity that was afforded the person to
participate under chapter 73 of title 10, United
States Code;
(ii) interest on the amount by which the
retired pay of the person would have been so
reduced, computed from the date on which the
retired pay would have been so reduced at such
rate or rates and according to such methodology as
the Secretary determines reasonable; and
(iii) any additional amount that the Secretary
determines necessary to protect the actuarial
soundness of the Department of Defense Military
Retirement Fund against any increased risk for the
fund that is associated with the election.
(C) Premiums to be credited to retirement fund.--
Premiums paid under the regulations prescribed under
subparagraph (A) shall be credited to the Department of
Defense Military Retirement Fund.
(b) Elections by Persons Currently Participating in Survivor Benefit
Plan.--
(1) Election of to discontinue sbp participation.--A person
participating in the Survivor Benefit Plan on the day before the
first day of the open season described in subsection (e) may
elect to discontinue such participation during the open season.
(2) Consent of beneficiaries.--
(A) In general.--Except as provided in subparagraph
(B), a person described in paragraph (1) may not make an
election under that paragraph without the concurrence
of--
(i) each designated beneficiary of such person
under the Survivor Benefit Plan; and
(ii) the spouse of such person, if such person
is married.
(B) Exception when beneficiary unavailable.--A
person may make an election under paragraph (1) without
a concurrence required under subparagraph (2) if the
person establishes to the satisfaction of the Secretary
concerned--
(i) that the whereabouts of the spouse or
beneficiary, as the case may be, cannot be
determined; or
(ii) that, due to exceptional circumstances,
requiring the person to seek the consent of the
spouse or beneficiary, as the case may be, would
otherwise be inappropriate.
(3) Treatment of premiums.--
(A) Discontinuation of reductions in pay.--As of the
effective date under subsection (d) of an election by a
person under paragraph (1), the Secretary concerned
[[Page 136 STAT. 2636]]
shall discontinue the reduction being made in the
retired pay of the person arising from participation in
the Survivor Benefit Plan or, in the case of a person
who has been required to make deposits in the Treasury
on account of participation in the Survivor Benefit
Plan, that person may discontinue making such deposits
effective on such effective date.
(B) Treatment of previous reductions.--A person who
makes an election under paragraph (1) is not entitled to
a refund of any reduction or deposit described in
subparagraph (A) made before such effective date.
(c) Manner of Making Elections.--
(1) In general.--An election under subsection (a) or (b)
shall be made in writing, signed by the person making the
election, and received by the Secretary concerned before the end
of the open season described in subsection (e).
(2) Conditions.--Except as provided in paragraph (3), an
election under subsection (a) shall be made subject to the same
conditions, and with the same opportunities for designation of
beneficiaries and specification of base amount, that apply under
the Survivor Benefit Plan.
(3) Election must be voluntary.--An election under
subsection (a) or (b) is not effective unless the person making
the election declares the election to be voluntary. An election
under subsection (a) or (b) to participate or not to participate
in the Survivor Benefit Plan may not be required by any court.
An election by a person under subsection (a) to participate in
the Survivor Benefit Plan is not subject to the concurrence of a
spouse or former spouse of the person.
(4) Designation with respect to reserve-component annuity.--
A person making an election under subsection (a) to provide a
reserve-component annuity shall make a designation described in
section 1448(e) of title 10, United States Code.
(d) Effective Date for Elections.--An election under subsection (a)
or (b) shall be effective on the first day of the first calendar month
following the month in which the election is received by the Secretary
concerned.
(e) Open Season Described.--The open season described in this
subsection is the period beginning on the date of the enactment of this
Act and ending on January 1, 2024.
(f) Applicability of Certain Provisions of Law.--The provisions of
sections 1449, 1453, and 1454 of title 10, United States Code, are
applicable to a person making an election, and to an election, under
subsection (a) or (b) in the same manner as if the election were made
under the Survivor Benefit Plan.
(g) Definitions.--In this section:
(1) The terms ``base amount'', ``reserve-component
annuity'', and ``standard annuity'' have the meanings given
those terms in section 1447 of title 10, United States Code.
(2) The term ``Department of Defense Military Retirement
Fund'' means the fund established under section 1461(a) of title
10, United States Code.
(3) The term ``retired pay'' includes retainer pay.
(4) The terms ``Secretary concerned'' and ``uniformed
services'' have the meanings given those terms in section 101 of
title 37, United States Code.
[[Page 136 STAT. 2637]]
(5) The term ``Survivor Benefit Plan'' means the program
established under subchapter II of chapter 73 of title 10,
United States Code.
SEC. 644. MILITARY INSTALLATIONS WITH LIMITED CHILD CARE:
BRIEFING.
(a) <<NOTE: Deadline.>> Briefing.--Not later than one year after the
date of the enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a briefing regarding child care
at military installations of the covered Armed Forces--
(1) that are not served by a military child development
center; or
(2) where the military child development center has few
available spots.
(b) Elements.--The briefing under subsection (a) shall include the
following elements:
(1) With regards to each military installation described in
such subsection:
(A) The current and maximum possible enrollment at
the military child development center (if one exists).
(B) <<NOTE: Plans.>> Plans of the Secretary to
expand an existing, or construct a new, military child
development center.
(C) The resulting capacity of each military child
development center described in subparagraph (B).
(D) <<NOTE: Costs.>> The median cost of services at
accredited child care facilities located near such
military installation compared to the amount of
assistance provided by the Secretary of the military
department concerned to members for child care services.
(2) <<NOTE: Recommenda- tions.>> Any policy recommendations
of the Secretary of Defense--
(A) to address the rising cost of child care near
military installations; and
(B) regarding the rates of child care fee assistance
provided to members of the covered Armed Forces.
(c) Definitions.--In this section:
(1) The term ``covered Armed Force'' means the following:
(A) The Army.
(B) The Navy.
(C) The Marine Corps.
(D) The Air Force.
(E) The Space Force.
(2) The term ``military child development center'' has the
meaning given such term in section 1800 of title 10, United
States Code.
SEC. 645. <<NOTE: 10 USC 1060a note.>> FOOD INSECURITY AMONG
MILITARY FAMILIES: DATA COLLECTION;
TRAINING; REPORT.
(a) <<NOTE: Deadline.>> Data Collection.--Not later than one year
after the date of the enactment of this Act, the Under Secretary of
Defense for Personnel and Readiness, in coordination with the Under
Secretary for Food, Nutrition, and Consumer Services of the Department
of Agriculture, shall--
(1) <<NOTE: Survey. Determination.>> develop a survey, in
collaboration with the Department of Agriculture, to determine
how many members of the Armed Forces serving on active duty, and
dependents of such members, are food insecure;
(2) issue the survey to such members and dependents;
[[Page 136 STAT. 2638]]
(3) collect data related to the number of such members and
dependents who--
(A) are eligible for the basic needs allowance under
section 402b of title 37, United States Code;
(B) receive such basic needs allowance; and
(C) are surveyed on the use, by such members and
dependents, of Federal nutrition assistance programs,
including--
(i) the supplemental nutrition assistance
program under the Food and Nutrition Act of 2008
(7 U.S.C. 2011 et seq.);
(ii) the special supplemental nutrition
program for women, infants, and children under
section 17 of the Child Nutrition Act of 1966 (42
U.S.C. 1786); and
(iii) the school lunch program under the
Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.), and the school breakfast
program under section 4 of the Child Nutrition Act
of 1966 (42 U.S.C. 1773);
(4) <<NOTE: Plan.>> develop and carry out a plan to train
and designate an individual who will assist members at military
installations on how and where to refer such members and their
dependents for participation in Federal nutrition assistance
programs described in paragraph (3)(C); and
(5) <<NOTE: Coordination.>> coordinate efforts of the
Department of Defense to address food insecurity and nutrition.
(b) <<NOTE: Time period.>> Report.--Not later than one year after
the date of the enactment of this Act, and annually thereafter for the
four subsequent years, the Under Secretary of Defense for Personnel &
Readiness shall submit to the congressional defense committees, the
Committees on Agriculture and Education and Labor of the House of
Representatives, and the Committee on Agriculture, Nutrition, and
Forestry of the Senate, a report including the following:
(1) The number of members of the Armed Forces serving on
active duty and their dependents who are food insecure.
(2) The number of such members and their dependents who use
the Federal nutrition assistance programs described in
subsection (a)(3).
(3) The number of such members and their dependents
described in subsection (a)(3).
(4) The status of implementation of the plan under
subsection (a)(5).
Subtitle F--Defense Resale Matters
SEC. 651. <<NOTE: China.>> PROHIBITION OF THE SALE OF CERTAIN
GOODS FROM THE XINJIANG UYGHUR AUTONOMOUS
REGION IN COMMISSARIES AND EXCHANGES.
(a) Prohibition.--Subchapter III of chapter 147 of title 10, United
States Code, is amended by adding at the end the following new section:
[[Page 136 STAT. 2639]]
``Sec. 2496. <<NOTE: 10 USC 2496.>> Sale of certain goods from
the Xinjiang Uyghur Autonomous Region prohibited
``(a) Prohibition.--The Secretary of Defense may not knowingly
permit the sale, at a commissary store or military exchange, of any
good, ware, article, or merchandise--
``(1) containing any product mined, produced, or
manufactured, wholly or in part, by forced labor from the XUAR;
or
``(2) from an entity that has used labor from within or
transferred from XUAR as part of a `poverty alleviation' or
`pairing assistance' program.
``(b) Definitions.--In this section:
``(1) The term `forced labor' means any work or service that
is exacted from any person under the menace of any penalty for
nonperformance and that the worker does not offer to perform.
``(2) The term `XUAR' means the Xinjiang Uyghur Autonomous
Region of the People's Republic of China.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter <<NOTE: 10 USC prec. 2491.>> is amended by adding at
the end the following new item:
``2496. Sale of certain goods from the Xinjiang Uyghur Autonomous Region
prohibited.''.
Subtitle G--Miscellaneous Studies, Briefings and Reports
SEC. 661. <<NOTE: Analyses.>> STUDY ON BASIC PAY.
(a) <<NOTE: Contracts.>> In General.--The Secretary of Defense
shall seek to enter into an agreement with a nonprofit entity or a
federally funded research and development center to conduct research and
analysis on the value of basic pay for members of the Armed Forces. The
Secretary may include such research and analysis in the next quadrennial
review of military compensation.
(b) <<NOTE: Assessments.>> Elements.--The research and analysis
conducted under subsection (a) shall include the following:
(1) An assessment of the model used to determine the basic
pay in the current basic pay tables, including--
(A) an analysis of whether to update the current
model to meet the needs of the 2023 employment market;
(B) a historical understanding of when the current
model was established and how frequently it has been
during the last 10 years;
(C) an understanding of the assumptions on which the
model is based and how such assumptions are validated;
(D) an analysis of time-in-grade requirements and
how they may affect retention and promotion; and
(E) an assessment of how recruiting and retention
information is used to adjust the model.
(2) An assessment of whether to modify current basic pay
tables to consider higher rates of pay for specialties the
Secretary determines are in critical need of personnel.
(3) An analysis of--
[[Page 136 STAT. 2640]]
(A) how basic pay has compared with civilian pay
since the 70th percentile benchmark for basic pay was
established; and
(B) whether to change the 70th percentile benchmark.
(4) An assessment of whether--
(A) to adjust the annual increase in basic pay,
currently guided by changes in the Employment Cost Index
as a measure of the growth in private-sector employment
costs; or
(B) to use a different index, such as the Defense
Employment Cost Index.
(5) <<NOTE: Recommenda- tions.>> Legislative and policy
recommendations regarding basic pay table based on analyses and
assessments under paragraphs (1) through (4).
(c) Briefings and Progress Report.--
(1) Interim briefing.--Not later than April 1, 2023, the
Secretary shall provide to the appropriate congressional
committees an interim briefing on the elements described in
subsection (b).
(2) Progress report.--Not later than one year after the date
of the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a progress report on the
study under this section.
(3) Final briefing.--Not later than two years after the date
of the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a final briefing on the
study under this section.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The Committee on Armed Services of the House of
Representatives.
(2) The Committee on Armed Services of the Senate.
SEC. 662. REPORT ON ACCURACY OF BASIC ALLOWANCE FOR HOUSING.
(a) Report; Elements.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretary of the department in which the Coast Guard is operating,
shall submit to the Committees on Armed Services of the Senate and House
of Representatives a report on BAH. Such report shall contain the
following elements:
(1) <<NOTE: Evaluations.>> The evaluation of the Secretary--
(A) of the efficiency and accuracy of the current
system used to calculate BAH;
(B) the appropriateness of using mean and median
housing costs in such calculation;
(C) of existing MHAs, in relation to choices in, and
availability of, housing to servicemembers;
(D) of the suitability of the six standard housing
profiles in relation to the average family sizes of
servicemembers, disaggregated by uniformed service,
rank, and MHA;
(E) of the flexibility of BAH to respond to changes
in real estate markets; and
(F) of residential real estate processes to
determine rental rates.
(2) <<NOTE: Recommenda- tions.>> The recommendation of the
Secretary--
[[Page 136 STAT. 2641]]
(A) regarding the feasibility of including
information, furnished by Federal entities, regarding
school districts, in calculating BAH;
(B) whether to calculate BAH more frequently,
including in response to a sudden change in the housing
market;
(C) whether to enter into an agreement with a
covered entity, to compile data and develop an
enterprise grade, objective, data-driven algorithm to
calculate BAH;
(D) whether to publish the methods used by the
Secretary to calculate BAH on a publicly accessible
website of the Department of Defense; and
(E) whether BAH calculations appropriately account
for increased housing costs associated with Coast Guard
facilities.
(b) Definitions.--In this section:
(1) The term ``BAH'' means the basic allowance for housing
for members of the uniformed services under section 403 of title
37, United States Code.
(2) The term ``covered entity'' means a nationally
recognized entity in the field of commercial real estate that
has data on local rental rates in real estate markets across the
United States.
(3) The term ``MHA'' means military housing area.
(4) The term ``servicemember'' has the meaning given such
term in section 101 of the Servicemembers Civil Relief Act (50
U.S.C. 3911).
SEC. 663. REVIEW OF DISLOCATION AND RELOCATION ALLOWANCES.
(a) <<NOTE: Assessments.>> In General.--Not later than one year
after the date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report--
(1) reviewing the adequacy of the amounts of dislocation and
relocation allowances paid under section 452 of title 37, United
States Code, to members of the covered Armed Forces, in
connection with changes in such members' temporary or permanent
duty assignment locations, taking into consideration the rising
costs of moving, challenges in the housing market, and other
expenses incurred by such members;
(2) assessing the effects of delays in the issuance of
orders relating to changes to temporary or permanent duty
assignment locations on the timing of dislocation and relocation
allowances paid to members of the covered Armed Forces;
(3) assessing the feasibility and advisability of paying
dislocation or relocation allowances to members of the covered
Armed Forces who are permanently assigned from one unit to
another with no change of permanent duty station when the units
are within the same metropolitan area; and
(4) <<NOTE: Recommenda- tions.>> making recommendations
with respect to the matters described in paragraphs (1), (2),
and (3).
(b) Covered Armed Forces Defined.--In this section, the term
``covered Armed Forces'' means the Army, Navy, Marine Corps, Air Force,
and Space Force.
SEC. 664. COMPLEX OVERHAUL PAY: BRIEFING.
(a) <<NOTE: Deadline.>> Briefing.--Not later than six months after
the date of the enactment of this Act, the Secretary of the Navy shall
submit to the Committees on Armed Services of the Senate and House
[[Page 136 STAT. 2642]]
of Representatives a briefing regarding the feasibility and advisability
of establishing complex overhaul pay.
(b) Complex Overhaul Pay Defined.--In this section, the term
``complex overhaul pay'' means a special monthly pay--
(1) established pursuant to regulations prescribed under
section 352 of title 37, United States Code;
(2) paid to a member of the Armed Forces assigned to a naval
vessel undergoing nuclear refueling or defueling, and any
concurrent complex overhaul;
(3) in addition to any other pay or allowance to which a
member is entitled; and
(4) in an amount equal to $200 per month.
SEC. 665. STUDIES ON COMPENSATION FOR DOD CHILD CARE PROVIDERS.
(a) In General.--
(1) Studies required.--The Secretary of Defense shall, for
each geographic area in which the Secretary of a military
department operates a military child development center, conduct
a study--
(A) comparing the total compensation, including all
pay and benefits, of child care employees of each
military child development center in the geographic area
to the total compensation of similarly credentialed
employees in such geographic area; and
(B) <<NOTE: Estimate.>> estimating the difference
in average pay and the difference in average benefits
between such child care employees.
(2) <<NOTE: Deadlines.>> Schedule.--The Secretary of
Defense shall complete the studies required under paragraph
(1)--
(A) for the geographic areas containing the military
installations with the 25 longest wait lists for child
care services at military child development centers, not
later than one year after the date of the enactment of
this Act; and
(B) for geographic areas other than geographic areas
described in subparagraph (A), not later than two years
after the date of the enactment of this Act.
(3) <<NOTE: Summaries.>> Reports.--
(A) Interim report.--Not later than one year after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report
summarizing the results of the studies required under
paragraph (1) that have been completed as of the date of
the submission of such report.
(B) Final report.--Not later than 120 days after the
completion of all the studies required under paragraph
(1), the Secretary shall submit to the Committees on
Armed Services of the Senate and House of
Representatives a report summarizing the results of such
studies.
(b) Definitions.--In this section:
(1) The term ``benefits'' includes--
(A) retirement benefits;
(B) any insurance premiums paid by an employer;
(C) education benefits, including tuition
reimbursement and student loan repayment; and
[[Page 136 STAT. 2643]]
(D) any other compensation an employer provides to
an employee for service performed as an employee (other
than pay), as determined appropriate by the Secretary of
Defense.
(2) The terms ``child care employee'' and ``military child
development center'' have the meanings given such terms in
section 1800 of title 10, United States Code.
(3) The term ``pay'' includes the basic rate of pay of an
employee and any additional payments an employer pays to an
employee for service performed as an employee.
SEC. 666. BARRIERS TO HOME OWNERSHIP FOR MEMBERS OF THE ARMED
FORCES: STUDY; REPORT.
(a) <<NOTE: Contracts.>> Study.--Not later than one year after the
date of the enactment of this Act, the Secretary of Defense shall seek
to enter into an agreement with a federally funded research and
development center or non-profit entity to conduct a study on the unique
barriers to home ownership for members of the Armed Forces.
(b) Report.--At the conclusion of the study under subsection (a),
the Secretary shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report containing the results of
such study.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Improvements to TRICARE dental program.
Sec. 702. Health benefits for members of the National Guard following
required training or other duty to respond to a national
emergency.
Sec. 703. Improvement of referrals for specialty care under TRICARE
Prime during permanent changes of station.
Sec. 704. Confidentiality requirements for mental health care services
for members of the Armed Forces.
Sec. 705. Audit of behavioral health care network providers listed in
TRICARE directory.
Sec. 706. Independent analysis of quality and patient safety review
process under direct care component of TRICARE program.
Sec. 707. Study on providing benefits under TRICARE Reserve Select and
TRICARE dental program to members of the Selected Reserve and
dependents thereof.
Sec. 708. GAO study on certain contracts relating to TRICARE program and
oversight of such contracts.
Sec. 709. GAO study on coverage of mental health services under TRICARE
program and relationship to certain mental health parity
laws.
Subtitle B--Health Care Administration
Sec. 711. Accountability for wounded warriors undergoing disability
evaluation.
Sec. 712. Inclusion of level three trauma care capabilities in
requirements for medical centers.
Sec. 713. Centers of excellence for specialty care in military health
system.
Sec. 714. Maintenance of Core Casualty Receiving Facilities to improve
medical force readiness.
Sec. 715. Congressional notification requirement to modify scope of
services provided at military medical treatment facilities.
Sec. 716. Improvements to processes to reduce financial harm caused to
civilians for care provided at military medical treatment
facilities.
Sec. 717. Authority to carry out studies and demonstration projects
relating to delivery of health and medical care through use
of other transaction authority.
Sec. 718. Licensure requirement for certain health-care professionals
providing services as part of mission relating to emergency,
humanitarian, or refugee assistance.
Sec. 719. Authorization of permanent program to improve opioid
management in the military health system.
[[Page 136 STAT. 2644]]
Sec. 720. Modification of requirement to transfer research and
development and public health functions to Defense Health
Agency.
Sec. 721. Access to certain dependent medical records by remarried
former spouses.
Sec. 722. Authority for Department of Defense program to promote early
literacy among certain young children.
Sec. 723. Plan for Accountable Care Organization demonstration.
Sec. 724. Feasibility study and plan on establishing a Military Health
System Medical Logistics Directorate and Military Health
System Education and Training Directorate.
Subtitle C--Reports and Other Matters
Sec. 731. Briefing and report on reduction or realignment of military
medical manning and medical billets.
Sec. 732. Independent analysis of Department of Defense Comprehensive
Autism Care Demonstration program.
Sec. 733. Clarification of membership requirements and compensation
authority for independent suicide prevention and response
review committee.
Sec. 734. Termination of veterans' advisory board on radiation dose
reconstruction.
Sec. 735. Brain health initiative of Department of Defense.
Sec. 736. Establishment of partnership program between United States and
Ukraine for military trauma care and research.
Sec. 737. Improvements relating to behavioral health care available
under military health system.
Sec. 738. Certification program in provision of mental health services
to members of the Armed Forces and military families.
Sec. 739. Standardization of policies relating to service in Armed
Forces by individuals diagnosed with HBV.
Sec. 740. Suicide cluster: standardized definition for use by Department
of Defense; congressional notification.
Sec. 741. Limitation on reduction of military medical manning end
strength: certification requirement and other reforms.
Sec. 742. Feasibility study on establishment of Department of Defense
internship programs relating to civilian behavioral health
providers.
Sec. 743. Updates to prior feasibility studies on establishment of new
command on defense health.
Sec. 744. Capability assessment and action plan with respect to effects
of exposure to open burn pits and other environmental
hazards.
Sec. 745. Kyle Mullen Navy SEAL medical training review.
Sec. 746. Reports on composition of medical personnel of each military
department and related matters.
Sec. 747. Report on effects of low recruitment and retention on
operational tempo and physical and mental health of members
of the Armed Forces.
Sec. 748. Guidance for addressing healthy relationships and intimate
partner violence through TRICARE Program.
Sec. 749. Briefing on suicide prevention reforms for members of the
Armed Forces.
Subtitle A--TRICARE and Other Health Care Benefits
SEC. 701. IMPROVEMENTS TO TRICARE DENTAL PROGRAM.
(a) <<NOTE: Effective dates.>> In General.--Section 1076a of title
10, United States Code, is amended--
(1) in subsection (b)--
(A) by striking ``The plans'' and inserting the
following:
``(1) In general.--The plans''; and
(B) by adding at the end the following new
paragraph:
``(2) Premium sharing plans.--Effective as of January 1,
2026, the regulations prescribed pursuant to paragraph (1) shall
include, with respect to premium sharing plans referred to in
subsection (d)(1), the following elements:
``(A) A third party administrator shall manage the
administrative features of such plans, including
eligibility, enrollment, plan change and premium payment
processes, submission of qualifying life events changes,
and address changes.
[[Page 136 STAT. 2645]]
``(B) Such plans shall include the following three
enrollment options:
``(i) Self.
``(ii) Self plus one.
``(iii) Family.
``(C) In the United States, to the extent
practicable, individuals eligible to enroll in such a
plan shall be offered options to enroll in plans of not
fewer than two and not more than four dental insurance
carriers.
``(D) To the extent practicable, each carrier
described in subparagraph (C)--
``(i) shall manage dental care delivery
matters, including claims adjudication (with
required electronic submission of claims),
coordination of benefits, covered services,
enrollment verification, and provider networks;
``(ii) shall, in addition to offering a
standard option plan, offer a non-standard option
plan;
``(iii) may offer a non-standard option plan
managed as a dental health maintenance
organization plan;
``(iv) shall establish and operate dental
provider networks that provide--
``(I) accessible care with a
prevention or wellness focus;
``(II) continuity of care;
``(III) coordinated care (including
appropriate dental and medical
referrals);
``(IV) patient-centered care
(including effective communications,
individualized care, and shared
decision-making); and
``(V) high-quality, safe care;
``(v) shall develop and implement adult and
pediatric dental quality measures, including
effective measurements for--
``(I) access to care;
``(II) continuity of care;
``(III) cost;
``(IV) adverse patient events;
``(V) oral health outcomes; and
``(VI) patient experience; and
``(vi) may conduct in the provider networks
established and operated by the carrier under
clause (iv), to the extent practicable, pilot
programs on the development of a model of care
based on the model of care commonly referred to as
patient-centered dental homes.'';
(2) in subsection (d)(1)--
(A) in subparagraph (B), by striking ``The
member's'' and inserting ``During the period preceding
January 1, 2026, the member's'';
(B) in subparagraph (C), by striking ``of each
year,'' and inserting ``of each year during the period
preceding January 1, 2026,'';
(C) in subparagraph (D), by striking ``The Secretary
of Defense'' and inserting ``During the period preceding
January 1, 2026, the Secretary of Defense''; and
[[Page 136 STAT. 2646]]
(D) by adding at the end the following new
subparagraphs:
``(E) Beginning on January 1, 2026, the amount of the
premium required under subparagraph (A)--
``(i) for standard option plans, shall be
established by the Secretary annually such that in the
aggregate (taking into account the adjustments under
subparagraph (F) and subsection (e)(3), the Secretary's
share of each premium is 60 percent of the premium for
each enrollment category (self, self plus one, and
family, respectively) of each standard option plan; and
``(ii) for non-standard option plans, shall be equal
to the amount determined under clause (i) plus 100
percent of the additional premium amount applicable to
such non-standard option plan.
``(F) Beginning on January 1, 2026, the Secretary of Defense
shall reduce the monthly premium required to be paid under
paragraph (1) in the case of enlisted members in pay grade E-1,
E-2, E-3, or E-4.'';
(3) in subsection (e), by adding at the end the following
new paragraph:
``(3) Beginning on January 1, 2026, the Secretary of Defense shall
reduce copayments required to be paid under paragraph (1) in the case of
enlisted members in pay grade E-1, E-2, E-3, or E-4.'';
(4) <<NOTE: Time period.>> in subsection (j), by striking
``The Secretary of Defense may not reduce benefits provided
under a plan established under this section until'' and
inserting ``During the period preceding January 1, 2026, the
Secretary of Defense may not reduce benefits provided under a
plan established under this section, and on or after January 1,
2026, the Secretary may not reduce benefits provided under a
standard option plan under this section, until''; and
(5) by adding at the end the following new subsection:
``(l) Definitions.--In this section:
``(1) The term `non-standard option plan' means a high
option dental insurance plan that includes covered services in
addition to, or provides greater coverage with respect to,
services covered under a standard option plan.
``(2) The term `standard option plan' means a dental
insurance plan that provides for the coverage of preventive
services, basic restorative services, and specialty dental care
services at a level that is at least commensurate with the
coverage of the same services provided under the premium sharing
plans under this section during the period preceding January 1,
2026.''.
(b) <<NOTE: 10 USC 1076a note.>> Rulemaking.--Pursuant to the
authority under section 1076a(b)(1) of title 10, United States Code, as
amended by subsection (a), the Secretary of Defense shall--
(1) <<NOTE: Deadline.>> not later than January 1, 2025,
prescribe an interim final rule to carry out the amendments made
by subsection (a); and
(2) <<NOTE: Public comment. Effective date.>> after
prescribing the interim final rule under subparagraph (A) and
considering public comments with respect to such interim final
rule, prescribe a final rule, effective on January 1, 2026, to
carry out such amendments.
[[Page 136 STAT. 2647]]
(c) <<NOTE: Deadlines.>> Briefings.--Not later than January 1 of
each of 2024, 2025, and 2026, the Secretary of Defense shall provide to
the Committees on Armed Services of the House of Representatives and the
Senate a briefing on the status of the implementation of the amendments
made by subsection (a).
SEC. 702. HEALTH BENEFITS FOR MEMBERS OF THE NATIONAL GUARD
FOLLOWING REQUIRED TRAINING OR OTHER DUTY
TO RESPOND TO A NATIONAL EMERGENCY.
(a) Transitional Health Care.--Subsection (a)(2) of section 1145 of
title 10, United States Code, is amended by adding at the end the
following new subparagraph:
`` <<NOTE: Time period.>> (G) A member of the National Guard
who is separated from full-time National Guard Duty to which
called or ordered under section 502(f) of title 32 for a period
of active service of more than 30 days to perform duties that
are authorized by the President or the Secretary of Defense for
the purpose of responding to a national emergency declared by
Congress or the President and supported by Federal funds.''.
(b) Conforming Amendments.--Such section is further amended--
(1) in subsection (a)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``active duty'' and
inserting ``active service'';
(B) in paragraph (3), by striking ``paragraph
(2)(B)'' and inserting ``subparagraph (B) or (G) of
paragraph (2)'';
(C) in paragraph (4)--
(i) by striking ``active duty'' each place it
appears and inserting ``active service''; and
(ii) in the second sentence, by striking ``or
(D)'' and inserting ``(D), or (G)'';
(D) in paragraph (5), in subparagraphs (A) and (B),
by striking ``active duty'' each place it appears and
inserting ``active service''; and
(E) in paragraph (7)(A)--
(i) by striking ``service on active duty'' and
inserting ``active service''; and
(ii) by striking ``active duty for'' and
inserting ``active service for'';
(2) in subsection (b)(1), by striking ``active duty'' and
inserting ``active service''; and
(3) in subsection (d)(1)(A), by striking ``active duty'' and
inserting ``active service''.
SEC. 703. IMPROVEMENT OF REFERRALS FOR SPECIALTY CARE UNDER
TRICARE PRIME DURING PERMANENT CHANGES OF
STATION.
(a) In General.--Section 714 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C.
1095f note) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Improvement of Specialty Care Referrals During Permanent
Changes of Station.--In conducting evaluations and improvements under
subsection (d) to the referral process described in subsection (a), the
Secretary shall ensure beneficiaries enrolled
[[Page 136 STAT. 2648]]
in TRICARE Prime who are undergoing a permanent change of station
receive referrals from their primary care manager to such specialty care
providers in the new location as the beneficiary may need before
undergoing the permanent change of station.''.
(b) <<NOTE: Deadline.>> Briefing.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall
provide to the Committees on Armed Services of the Senate and the House
of Representatives a briefing on the contractual and technical barriers
preventing record sharing between civilian provider networks under the
TRICARE program that lead to increased wait times for care for members
of the Armed Forces and the dependents thereof undergoing permanent
changes of station across provider network regions.
SEC. 704. <<NOTE: 10 USC 1090b note.>> CONFIDENTIALITY
REQUIREMENTS FOR MENTAL HEALTH CARE
SERVICES FOR MEMBERS OF THE ARMED FORCES.
(a) <<NOTE: Deadline.>> In General.--In order to reinforce the
policies of eliminating stigma in obtaining mental health care services
and further encouraging help-seeking behavior by members of the Armed
Forces, not later than July 1, 2023, the Secretary of Defense shall--
(1) <<NOTE: Update.>> update and reissue Department of
Defense Instruction 6490.08, titled ``Command Notification
Requirements to Dispel Stigma in Providing Mental Health Care to
Service Members'' and issued on August 17, 2011, taking into
account--
(A) experience implementing the Instruction; and
(B) opportunities to more effectively dispel stigma
in obtaining mental health care services and encourage
help-seeking behavior; and
(2) <<NOTE: Standards.>> develop standards within the
Department of Defense that--
(A) ensure, except in a case in which there is an
exigent circumstance, the confidentiality of mental
health care services provided to members who voluntarily
seek such services;
(B) include a model for making determinations with
respect to exigent circumstances that clarifies the
responsibilities regarding the determination of the
effect on military function and the prevention of self-
harm by the individual; and
(C) in a case in which there is an exigent
circumstance, prevent health care providers from
disclosing more than the minimum amount of information
necessary to address the exigent circumstance.
(b) Elements.--The standards required by subsection (a)(2) shall
include the following elements:
(1) Requirements for confidentiality regarding the request
and receipt by a member of the Armed Forces of mental health
care services under the self-initiated referral process under
section 1090a(e) of title 10, United States Code.
(2) Requirements for confidentiality regarding the results
of any drug testing incident to such mental health care
services.
(3) <<NOTE: Procedures.>> Procedures that reflect best
practices of the mental health profession with respect to
suicide prevention.
(4) A prohibition against retaliating against a member of
the Armed Forces who requests mental health care services.
(5) Such other elements as the Secretary determines will
most effectively support the policies of--
[[Page 136 STAT. 2649]]
(A) eliminating stigma in obtaining mental health
care services; and
(B) encouraging help-seeking behavior by members of
the Armed Forces.
(c) Joint Policy With the Secretary of Veterans Affairs.--
(1) <<NOTE: Deadline.>> In general.--Not later than July 1,
2023, the Secretary of Defense and the Secretary of Veterans
Affairs shall issue a joint policy that provides, except in a
case in which there is an exigent circumstance, for the
confidentiality of mental health care services provided by the
Secretary of Veterans Affairs to members of the Armed Forces,
including the reserve components, under section 1712A, 1720F,
1720H, or 1789 of title 38, United States Code, or other
applicable law.
(2) <<NOTE: Standards.>> Elements.--The joint policy issued
under paragraph (1) shall, to the extent practicable, include
standards comparable to the standards developed under subsection
(a)(2).
(d) <<NOTE: Records.>> Report.--Not later than July 1, 2023, the
Secretary of Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a copy of the standards
developed under subsection (a)(2) and the joint policy issued under
subsection (c).
(e) Exigent Circumstance Defined.--In this section, the term
``exigent circumstance'' means a circumstance in which the Secretary of
Defense determines the need to prevent serious harm to an individual or
essential military function clearly outweighs the need for
confidentiality of information obtained by a health care provider
incident to mental health care services voluntarily sought by a member
of the Armed Forces.
SEC. 705. AUDIT OF BEHAVIORAL HEALTH CARE NETWORK PROVIDERS LISTED
IN TRICARE DIRECTORY.
(a) Audit Required.--The Comptroller General of the United States
shall conduct an audit of the behavioral health care providers listed in
the TRICARE directory.
(b) Report.--Not later than one year after the date of the enactment
of this Act, the Comptroller General shall submit to the Committees on
Armed Services of the House of Representatives and the Senate a report
on the findings of the audit under subsection (a). Such report shall
include the following:
(1) An identification of the following, disaggregated by
provider specialty and TRICARE provider network region:
(A) The number of such behavioral health care
providers with respect to which there are duplicate
listings in the TRICARE directory.
(B) The number of such behavioral health care
providers that, as of the commencement of the audit,
were listed in the TRICARE directory as available and
accepting new TRICARE patients.
(C) The number of such behavioral health care
providers that, as a result of the audit, the
Comptroller General determines are no longer available
or accepting new TRICARE patients.
(D) The number of such behavioral health care
providers that were not previously listed in the TRICARE
directory as available and accepting new TRICARE
patients but that, as a result of the audit, the
Comptroller General determines are so available and
accepting.
[[Page 136 STAT. 2650]]
(E) The number of behavioral health care providers
listed in the TRICARE directory that are no longer
practicing.
(F) The number of behavioral health care providers
that, in conducting the audit, the Comptroller General
could not reach for purposes of verifying information
relating to availability or status.
(2) An identification of the number of TRICARE beneficiaries
in each TRICARE region, disaggregated by beneficiary category.
(3) A description of the methods by which the Secretary of
Defense measures the following:
(A) The accessibility and accuracy of the TRICARE
directory, with respect to behavioral health care
providers listed therein.
(B) The adequacy of behavioral health care providers
under the TRICARE program.
(4) A description of the efforts of the Secretary of Defense
to recruit and retain behavioral health care providers.
(5) <<NOTE: Recommenda- tions.>> Recommendations by the
Comptroller General, based on the findings of the audit, on how
to improve the availability of behavioral health care providers
that are network providers under the TRICARE program, including
through the inclusion of specific requirements in the next
generation of TRICARE contracts.
(c) Definitions.--In this section:
(1) The term ``TRICARE directory'' means the directory of
network providers under the TRICARE program.
(2) The term ``TRICARE program'' has the meaning given such
term in section 1072 of title 10, United States Code.
SEC. 706. INDEPENDENT ANALYSIS OF QUALITY AND PATIENT SAFETY
REVIEW PROCESS UNDER DIRECT CARE COMPONENT
OF TRICARE PROGRAM.
(a) Agreement.--
(1) In general.--The Secretary of Defense shall seek to
enter into an agreement with a federally funded research and
development center for the federally funded research and
development center to carry out the activities described in
subsections (b) and (c).
(2) Timing.--The Secretary shall seek to enter into the
agreement described in paragraph (1) not later October 1, 2023.
(b) Analysis by FFRDC.--
(1) <<NOTE: Recommenda- tions.>> Analysis.--Under an
agreement between the Secretary and a federally funded research
and development center entered into pursuant to subsection (a),
the federally funded research and development center shall
conduct an analysis of the quality and patient safety review
process for health care provided under the direct care component
of the TRICARE program and develop recommendations for the
Secretary based on such analysis.
(2) <<NOTE: Assessments.>> Elements.--The analysis conducted
and recommendations developed under paragraph (1) shall include,
with respect to the direct care component of the TRICARE
program, an assessment of the following:
[[Page 136 STAT. 2651]]
(A) <<NOTE: Procedures.>> The procedures under such
component regarding credentialing and privileging for
health care providers (and an assessment of compliance
with such procedures).
(B) The processes under such component for quality
assurance, standard of care, and incident review (and an
assessment of compliance with such processes).
(C) The accountability processes under such
component for health care providers who are found to
have not met a required standard of care.
(D) The transparency activities carried out under
such component, including an assessment of the
publication of clinical quality metrics (at the level of
military medical treatment facilities and other
operational medical units of the Department of Defense),
and a comparison with similar metrics for non-Department
health care entities.
(E) The standardization activities carried under
such component, including activities aimed at
eliminating unwarranted variation in clinical quality
metrics at the level of military medical treatment
facilities and other operational medical units of the
Department.
(F) The implementation under such component of the
requirements of section 744 of the National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-
283; 134 Stat. 3708; 10 U.S.C. 1071 note), including
with respect to health care delivery on ships and
planes, in deployed settings, and in all other
circumstances outside of military medical treatment
facilities.
(G) The organizational roles and responsibilities of
military health system entities involved in clinical
quality management functions under such component,
including the Assistant Secretary of Defense for Health
Affairs, the Director of the Defense Health Agency, and
the Surgeons General of the Army, Navy, and Air Force,
each of whom shall conduct and submit to the federally
funded research and development center an internal
assessment of the respective entity regarding each
element set forth under this paragraph.
(3) Information access and privacy.--
(A) Access to records.--Notwithstanding section 1102
of title 10, United States Code, the Secretary shall
provide the federally funded research and development
center with access to such records of the Department of
Defense as the Secretary may determine necessary for
purposes of the federally funded research and
development center conducting the analysis and
developing the recommendations under paragraph (1).
(B) Privacy of information.--In conducting the
analysis and developing the recommendations under
paragraph (1), the federally funded research and
development center--
(i) shall maintain any personally identifiable
information in records accessed by the federally
funded research and development center pursuant to
subparagraph (A) in accordance with applicable
laws, protections, and best practices regarding
the privacy of information; and
[[Page 136 STAT. 2652]]
(ii) may not permit access to such information
by any individual or entity not engaged in
conducting such analysis or developing such
recommendations.
(c) Briefing and Reports.--
(1) <<NOTE: Deadline.>> Interim briefing.--Not later than
180 days after the date of the enactment of this Act, the
Secretary shall submit to the Committees on Armed Services of
the House of Representatives and the Senate an interim briefing
on--
(A) the selection of a federally funded research and
development center with which the Secretary shall seek
to enter into an agreement with under subsection (a);
(B) <<NOTE: Guidance.>> any related guidance issued
by the Secretary; and
(C) the methodology for conducting the study to be
used by such federally funded research and development
center.
(2) Report to secretary.--Under an agreement entered into
between the Secretary and a federally funded research and
development center under subsection (a), the federally funded
research and development center, not later than one year after
the date of the execution of the agreement, shall submit to the
Secretary a report on the findings of the federally funded
research and development center with respect to the analysis
conducted and recommendations developed under subsection (b).
(3) <<NOTE: Assessment. Plans.>> Report to congress.--Not
later than 120 days after the date on which the Secretary
receives the report of the federally funded research and
development center under paragraph (1), the Secretary shall
submit to the Committees on Armed Services of the House of
Representatives and the Senate such report, along with an
assessment by the Secretary of the analysis, findings, and
recommendations contained therein and the plan of the Secretary
for strengthening clinical quality management in the military
health system.
(4) <<NOTE: Public information. Web
posting.>> Publication.--The Secretary shall make the report
under paragraph (2) available on a public website in
unclassified form.
(d) TRICARE Program Defined.--In this section, the term ``TRICARE
program'' has the meaning given such term in section 1072 of title 10,
United States Code.
SEC. 707. STUDY ON PROVIDING BENEFITS UNDER TRICARE RESERVE SELECT
AND TRICARE DENTAL PROGRAM TO MEMBERS OF
THE SELECTED RESERVE AND DEPENDENTS
THEREOF.
(a) Study.--The Secretary of Defense may conduct a study on the
feasibility, potential cost effects to the budget of the Department of
Defense, changes in out-of-pocket costs to beneficiaries, and effects on
other Federal programs of expanding eligibility for TRICARE Reserve
Select and the TRICARE dental program to include all members of the
Selected Reserve of the Ready Reserve of a reserve component of the
Armed Forces, the dependents thereof, and the non-dependent children
thereof under the age of 26.
(b) <<NOTE: Assessments.>> Specifications.--If the Secretary
conducts the study under subsection (a), the Secretary shall include in
the study an assessment of the following:
(1) Cost-shifting to the Department of Defense to support
the expansion of TRICARE Reserve Select and the TRICARE dental
program from--
[[Page 136 STAT. 2653]]
(A) health benefit plans under chapter 89 of title
5, United States Code;
(B) employer-sponsored health insurance;
(C) private health insurance;
(D) insurance under a State health care exchange;
and
(E) the Medicaid program under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.).
(2) New costs for the Department of Defense to enroll in
TRICARE Reserve Select and the TRICARE dental program members of
the Selected Reserve of the Ready Reserve of a reserve component
of the Armed Forces who were previously uninsured.
(3) The resources needed to implement TRICARE Reserve Select
and the TRICARE dental program for all such members, the
dependents thereof, and the non-dependent children thereof under
the age of 26.
(4) Cost-savings, if any, resulting from the expansion of
TRICARE Reserve Select and the TRICARE dental program with
regard to increased training days performed in support of mass
medical events during battle assemblies of the reserve
components, including an assessment of the impact of such
expansion on--
(A) medical readiness;
(B) overall deployability rates;
(C) deployability timelines;
(D) fallout rates at mobilization sites;
(E) cross-leveling of members of the reserve
components to backfill medical fallouts at mobilization
sites; and
(F) any other readiness metrics affected by such
expansion.
(5) Any effect of such expansion on recruitment and
retention of members of the Armed Forces, including members of
the Ready Reserve of the reserve components of the Armed Forces.
(6) Cost-savings, if any, in contracts that implement the
Reserve Health Readiness Program of the Department of Defense.
(c) <<NOTE: Assessment.>> Determination of Cost Effects.--If the
Secretary conducts the study under subsection (a), the Secretary shall
include in such study an assessment of the potential cost effects to the
budget of the Department of Defense for scenarios of expanded
eligibility for TRICARE Reserve Select and the TRICARE dental program as
follows:
(1) Premium free for members of the Selected Reserve of the
Ready Reserve of a reserve component of the Armed Forces, the
dependents thereof, and the non-dependent children thereof under
the age of 26.
(2) Premium free for such members and subsidized premiums
for such dependents and non-dependent children.
(3) Subsidized premiums for such members, dependents, and
non-dependent children.
(d) Use of a Federally Funded Research and Development
Center. <<NOTE: Contracts.>> --The Secretary may enter into a contract
with a federally funded research and development center the Secretary
determines is qualified and appropriate to conduct the study under
subsection (a).
[[Page 136 STAT. 2654]]
(e) Briefing; Report.--
(1) <<NOTE: Deadline.>> Briefing.--If the Secretary conducts
the study under subsection (a), not later than one year after
the date of the enactment of this Act, the Secretary shall
provide to the Committees on Armed Services of the Senate and
the House of Representatives a briefing on the methodology and
approach of the study.
(2) Report.--If the Secretary conducts the study under
subsection (a), not later than two years after the date of the
enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the results of the study.
(f) Definitions.--In this section:
(1) The term ``TRICARE dental program'' means dental
benefits under section 1076a of title 10, United States Code.
(2) The term ``TRICARE Reserve Select'' means health
benefits under section 1076d of such title.
SEC. 708. GAO STUDY ON CERTAIN CONTRACTS RELATING TO TRICARE
PROGRAM AND OVERSIGHT OF SUCH CONTRACTS.
(a) Study.--The Comptroller General of the United States shall
conduct a study on certain contracts relating to the TRICARE program and
the oversight provided by the Director of the Defense Health Agency with
respect to such contracts.
(b) <<NOTE: Assessments. Time periods.>> Matters.--The study under
subsection (a) shall include an assessment of the following:
(1) TRICARE managed care support contracts.--With respect to
TRICARE managed care support contracts (including the TRICARE
managed care support contract for which the Director of the
Defense Health Agency published a request for proposals on April
15, 2021, commonly referred to as ``T-5''), the process used in
awarding such contracts.
(2) Other contracts.--With respect to each contract relating
to the TRICARE program other than a contract specified in
paragraph (1) entered into by the Director of the Defense Health
Agency during the period beginning on October 1, 2017, and
ending on September 30, 2022, where the value of such contract
is greater than $500,000,000, the following:
(A) The total number of such contracts,
disaggregated by fiscal year, contract type, type of
product or service procured, and total expenditure under
each such contract by fiscal year.
(B) The total number of bid protests filed with
respect to such contracts, and the outcome of such
protests.
(C) The total number of such contracts awarded
through means other than full and open competition.
(3) Defense health agency contract oversight.--With respect
to the period beginning on October 1, 2017, and ending on
September 30, 2022, the following:
(A) The staff of the Defense Health Agency
responsible for performing oversight of the contracts
specified in paragraphs (1) and (2), including the
following:
(i) The number of such staff.
(ii) Any professional training requirements
for such staff.
(iii) Any acquisition certifications or
accreditations held by such staff.
[[Page 136 STAT. 2655]]
(B) Any office or other element of the Defense
Health Agency responsible for contract award,
administration, or oversight with respect to the TRICARE
program, including the organizational structure,
responsibilities, authorities, and key roles of each
such office or element.
(C) The process used by the Director of the Defense
Health Agency for determining staffing needs and
competencies relating to contract award, administration,
or oversight with respect to the TRICARE program.
(c) Interim Briefing; Report.--
(1) <<NOTE: Deadline.>> Interim briefing.--Not later than
one year after the date of the enactment of this Act, the
Comptroller General shall provide to the Committees on Armed
Services of the House of Representatives and the Senate an
interim briefing on the study under subsection (a).
(2) Report.--Not later than two years after the date of the
enactment of this Act, the Comptroller General shall submit to
the Committees on Armed Services of the House of Representatives
and the Senate a report containing the results of the study
under subsection (a).
SEC. 709. GAO STUDY ON COVERAGE OF MENTAL HEALTH SERVICES UNDER
TRICARE PROGRAM AND RELATIONSHIP TO
CERTAIN MENTAL HEALTH PARITY LAWS.
(a) Study and Report Required.--Not later than one year after the
date of the enactment of this Act, the Comptroller General of the United
States shall--
(1) conduct a study to describe--
(A) coverage of mental health services under the
TRICARE program;
(B) any limits on such coverage that are not also
imposed on health services other than mental health
services under the TRICARE program; and
(C) the efforts of the Department of Defense to
align coverage of mental health services under the
TRICARE program with coverage requirements under mental
health parity laws; and
(2) submit to the Secretary of Defense, the congressional
defense committees, and (with respect to any findings concerning
the Coast Guard when it is not operating as a service in the
Department of the Navy), the Secretary of Homeland Security, the
Committee on Transportation and Infrastructure of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate a report containing the findings of
such study.
(b) Definitions.--In this section:
(1) The term ``mental health parity laws'' means--
(A) section 2726 of the Public Health Service Act
(42 U.S.C. 300gg-26);
(B) section 712 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1185a);
(C) section 9812 of the Internal Revenue Code of
1986 (26 U.S.C. 9812); or
(D) any other Federal law that applies the
requirements under any of the sections described in
subparagraph (A), (B), or (C), or requirements that are
substantially
[[Page 136 STAT. 2656]]
similar to those provided under any such section, as
determined by the Comptroller General.
(2) The term ``TRICARE program'' has the meaning given such
term in section 1072 of title 10, United States Code.
Subtitle B--Health Care Administration
SEC. <<NOTE: 10 USC 1071 note.>> 711. ACCOUNTABILITY FOR WOUNDED
WARRIORS UNDERGOING DISABILITY EVALUATION.
(a) <<NOTE: Deadline.>> Policy.--Not later than April 1, 2023, the
Secretary of Defense, in consultation with the Secretaries concerned,
shall establish a policy to ensure accountability for actions taken
under the authorities of the Defense Health Agency and the Armed Forces,
respectively, concerning wounded, ill, and injured members of the Armed
Forces during the integrated disability evaluation system process. Such
policy shall include the following:
(1) A restatement of the requirement that, in accordance
with section 1216(b) of title 10, United States Code, a
determination of fitness for duty of a member of the Armed
Forces under chapter 61 of title 10, United States Code, is the
responsibility of the Secretary concerned.
(2) A description of the role of the Director of the Defense
Health Agency in supporting the Secretaries concerned in
carrying out determinations of fitness for duty as specified in
paragraph (1).
(3) A description of how the medical evaluation board
processes of the Armed Forces are integrated with the Defense
Health Agency, including with respect to case management,
appointments, and other relevant matters.
(4) <<NOTE: Requirement.>> A requirement that, in
determining fitness for duty of a member of the Armed Forces
under chapter 61 of title 10, United States Code, the Secretary
concerned shall consider the results of any medical evaluation
of the member provided under the authority of the Defense Health
Agency pursuant to section 1073c of title 10, United States
Code.
(5) A description of how the Director of the Defense Health
Agency adheres to the medical evaluation processes of the Armed
Forces, including an identification of each applicable
regulation or policy to which the Director is required to so
adhere.
(6) <<NOTE: Assessment.>> An assessment of the feasibility
of affording various additional due process protections to
members of the Armed Forces undergoing the medical evaluation
board process.
(7) A restatement of the requirement that wounded, ill, and
injured members of the Armed Forces may not be denied any due
process protection afforded under applicable law or regulation
of the Department of Defense or the Armed Forces.
(8) A description of the types of due process protections
specified in paragraph (7), including an identification of each
specific due process protection.
(b) Clarification of Responsibilities Regarding Medical Evaluation
Boards.--Section 1073c of title 10, United States Code, is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new
subsection (h):
[[Page 136 STAT. 2657]]
``(h) Rule of Construction Regarding Secretaries Concerned and
Medical Evaluation Boards.--Nothing in this section shall be construed
as transferring to the Director of the Defense Health Agency, or
otherwise revoking, any authority or responsibility of the Secretary
concerned under chapter 61 of this title with respect to a member of the
armed forces (including with respect to the administration of morale and
welfare and the determination of fitness for duty for the member) while
the member is being considered by a medical evaluation board.''.
(c) <<NOTE: Deadline.>> Briefing.--Not later than February 1, 2023,
the Secretary of Defense shall provide to the Committees on Armed
Services of the House of Representatives and the Senate a briefing on
the status of the implementation of subsections (a) and (b).
(d) <<NOTE: Recommenda- tions.>> Report.--Not later than one year
after the date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the House of
Representatives and the Senate a report on the implementation of
subsections (a) and (b), lessons learned as a result of such
implementation, and the recommendations of the Secretary relating to the
policy on wounded, ill, and injured members of the Armed Forces
undergoing the integrated disability evaluation system process.
(e) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in section 101
of title 10, United States Code.
SEC. 712. INCLUSION OF LEVEL THREE TRAUMA CARE CAPABILITIES IN
REQUIREMENTS FOR MEDICAL CENTERS.
Section 1073d(b)(3) of title 10, United States Code, is amended by
striking ``or level two'' and inserting ``, level two, or level three''.
SEC. 713. CENTERS OF EXCELLENCE FOR SPECIALTY CARE IN MILITARY
HEALTH SYSTEM.
(a) Centers of Excellence.--Section 1073d(b)(4) of title 10, United
States Code, is amended to read as follows:
``(4)(A) <<NOTE: Designation.>> The Secretary shall designate
certain major medical centers as regional centers of excellence for the
provision of specialty care services in the areas of specialty care
described in subparagraph (D). A major medical center may be designated
as a center of excellence under this subparagraph for more than one such
area of specialty care.
``(B) The Secretary may designate certain medical centers as
satellite centers of excellence for the provision of specialty care
services for specific conditions, such as the following:
``(i) Post-traumatic stress.
``(ii) Traumatic brain injury.
``(iii) Such other conditions as the Secretary determines
appropriate.
``(C) Centers of excellence designated under this paragraph shall
serve the purposes of--
``(i) ensuring the military medical force readiness of the
Department of Defense and the medical readiness of the armed
forces;
``(ii) improving the quality of health care furnished by the
Secretary to eligible beneficiaries; and
``(iii) improving health outcomes for eligible
beneficiaries.
``(D) The areas of specialty care described in this subparagraph are
as follows:
``(i) Oncology.
[[Page 136 STAT. 2658]]
``(ii) Burn injuries and wound care.
``(iii) Rehabilitation medicine.
``(iv) Psychological health and traumatic brain injury.
``(v) Amputations and prosthetics.
``(vi) Neurosurgery.
``(vii) Orthopedic care.
``(viii) Substance abuse.
``(ix) Infectious diseases and preventive medicine.
``(x) Cardiothoracic surgery.
``(xi) Such other areas of specialty care as the Secretary
determines appropriate.
``(E)(i) Centers of excellence designated under this paragraph shall
be the primary source within the military health system for the receipt
by eligible beneficiaries of specialty care.
``(ii) Eligible beneficiaries seeking a specialty care service
through the military health system shall be referred to a center of
excellence designated under subparagraph (A) for that area of specialty
care or, if the specialty care service sought is unavailable at such
center, to an appropriate specialty care provider in the private sector.
``(F) <<NOTE: Deadline. Notification.>> Not later than 90 days prior
to the designation of a center of excellence under this paragraph, the
Secretary shall notify the Committees on Armed Services of the House of
Representatives and the Senate of such designation.
``(G) <<NOTE: Definition.>> In this paragraph, the term `eligible
beneficiary' means any beneficiary under this chapter.''.
(b) <<NOTE: 10 USC 1073d note.>> Deadline.--The Secretary of Defense
shall designate certain major medical centers as regional centers of
excellence in accordance with section 1073d(b)(4)(A) of title 10, United
States Code, as added by subsection (a), by not later than one year
after the date of the enactment of this Act.
(c) Report.--
(1) <<NOTE: Plan.>> Submission.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall submit to the Committees on Armed Services of the
House of Representatives and the Senate a report that sets forth
the plan of the Department of Defense to designate centers of
excellence under section 1073d(b)(4) of title 10, United States
Code, as added by subsection (a).
(2) <<NOTE: Plans.>> Elements.--The report under paragraph
(1) shall include the following:
(A) <<NOTE: List.>> A list of the centers of
excellence to be designated under such section
1073d(b)(4) and the locations of such centers.
(B) A description of the specialty care services to
be provided at each such center and a staffing plan for
each such center.
(C) A description of how each such center shall
improve--
(i) the military medical force readiness of
the Department and the medical readiness of the
Armed Forces;
(ii) the quality of care received by eligible
beneficiaries; and
(iii) the health outcomes of eligible
beneficiaries.
[[Page 136 STAT. 2659]]
(D) A comprehensive plan for the referral of
eligible beneficiaries for specialty care services at
centers of excellence designated under such section
1073d(b)(4) and appropriate specialty care providers in
the private sector.
(E) A plan to assist eligible beneficiaries with
travel and lodging, if necessary, in connection with the
receipt of specialty care services at centers of
excellence designated under such section 1073d(b)(4) or
appropriate specialty care providers in the private
sector.
(F) A plan to transfer specialty care providers of
the Department to centers of excellence designated under
such section 1073d(b)(4), in a number as determined by
the Secretary to be required to provide specialty care
services to eligible beneficiaries at such centers.
(G) A plan to monitor access to care, beneficiary
satisfaction, experience of care, and clinical outcomes
to understand better the impact of such centers on the
health care of eligible beneficiaries.
(d) Eligible Beneficiary Defined.--In this section, the term
``eligible beneficiary'' means any beneficiary under chapter 55 of title
10, United States Code.
SEC. 714. MAINTENANCE OF CORE CASUALTY RECEIVING FACILITIES TO
IMPROVE MEDICAL FORCE READINESS.
(a) In General.--Section 1073d(b) of title 10, United States Code,
as amended by section 713, is further amended by adding at the end the
following new paragraph:
``(5)(A) <<NOTE: Designation. President. Determination.>> The
Secretary of Defense shall designate and maintain certain military
medical treatment facilities as core casualty receiving facilities, to
ensure the medical capability and capacity required to diagnose, treat,
and rehabilitate large volumes of combat casualties and, as may be
directed by the President or the Secretary, provide a medical response
to events the President determines or declares as natural disasters,
mass casualty events, or other national emergencies.
``(B) The Secretary shall ensure that the military medical treatment
facilities selected for designation pursuant to subparagraph (A) are
geographically located to facilitate the aeromedical evacuation of
casualties from theaters of operations.
``(C) The Secretary--
``(i) shall ensure that the Secretaries of the military
departments assign military personnel to core casualty receiving
facilities designated under subparagraph (A) at not less than 90
percent of the staffing level required to maintain the operating
bed capacity necessary to support operation planning
requirements;
``(ii) may augment the staffing of military personnel at
core casualty receiving facilities under subparagraph (A) with
civilian employees of the Department of Defense to fulfil the
staffing requirement under clause (i); and
``(iii) shall ensure that each core casualty receiving
facility under subparagraph (A) is staffed with a civilian Chief
Financial Officer and a civilian Chief Operating Officer with
experience in the management of civilian hospital systems, for
the purpose of ensuring continuity in the management of the
facility.
<<NOTE: Definitions.>> ``(D) In this paragraph:
[[Page 136 STAT. 2660]]
``(i) The term `core casualty receiving facility' means a
Role 4 medical treatment facility that serves as a medical hub
for the receipt and treatment of casualties, including civilian
casualties, that may result from combat or from an event the
President determines or declares as a natural disaster, mass
casualty event, or other national emergency.
``(ii) The term `Role 4 medical treatment facility' means a
medical treatment facility that provides the full range of
preventative, curative, acute, convalescent, restorative, and
rehabilitative care.''.
(b) <<NOTE: 10 USC 1073d note.>> Timeline for Establishment.--
(1) Designation.--Not later than October 1, 2024, the
Secretary of Defense shall designate four military medical
treatment facilities as core casualty receiving facilities under
section 1073d(b)(5) of title 10, United States Code (as added by
subsection (a)).
(2) Operational.--Not later than October 1, 2025, the
Secretary shall ensure that each such designated military
medical treatment facility is fully staffed and operational as a
core casualty receiving facility, in accordance with the
requirements of such section 1073d(b)(5).
SEC. 715. CONGRESSIONAL NOTIFICATION REQUIREMENT TO MODIFY SCOPE
OF SERVICES PROVIDED AT MILITARY MEDICAL
TREATMENT FACILITIES.
Section 1073d of title 10, United States Code, as amended by section
714, is further amended by adding at the end the following new
subsection:
``(f) Notification Required to Modify Scope of Services Provided at
Military Medical Treatment Facilities.--(1) The Secretary of Defense may
not modify the scope of medical care provided at a military medical
treatment facility, or the beneficiary population served at the
facility, unless--
``(A) the Secretary submits to the Committees on Armed
Services of the House of Representatives and the Senate a
notification of the proposed modification in scope;
``(B) <<NOTE: Time period.>> a period of 180 days has
elapsed following the date on which the Secretary submits such
notification; and
``(C) <<NOTE: Transition plan.>> if the proposed
modification in scope involves the termination or reduction of
inpatient capabilities at a military medical treatment facility
located outside the United States, the Secretary has provided to
each member of the armed forces or covered beneficiary receiving
services at such facility a transition plan for the continuity
of health care for such member or covered beneficiary.
``(2) Each notification under paragraph (1) shall contain
information demonstrating, with respect to the military medical
treatment facility for which the modification in scope has been
proposed, the extent to which the commander of the military installation
at which the facility is located has been consulted regarding such
modification, to ensure that the proposed modification in scope would
have no impact on the operational plan for such installation.''.
[[Page 136 STAT. 2661]]
SEC. 716. IMPROVEMENTS TO PROCESSES TO REDUCE FINANCIAL HARM
CAUSED TO CIVILIANS FOR CARE PROVIDED AT
MILITARY MEDICAL TREATMENT FACILITIES.
(a) Clarification of Fee Waiver Process.--Section 1079b of title 10,
United States Code, is amended--
(1) by amending subsection (b) to read as follows:
``(b) Waiver of Fees.--The Director of the Defense Health Agency may
issue a waiver for a fee that would otherwise be charged under the
procedures implemented under subsection (a) to a civilian provided
medical care who is not a covered beneficiary if the provision of such
care enhances the knowledge, skills, and abilities of health care
providers, as determined by the Director of the Defense Health
Agency.''; and
(2) by redesignating subsection (c) as subsection (d).
(b) Modified Payment Plan for Certain Civilians.--Such section is
further amended--
(1) by inserting after subsection (b), as amended by
subsection (a), the following:
``(c) Modified Payment Plan for Certain Civilians.--(1)(A) If a
civilian specified in subsection (a) is covered by a covered payer at
the time care under this section is provided, the civilian shall only be
responsible to pay the standard copays, coinsurance, deductibles, or
nominal fees that are otherwise applicable under the covered payer plan.
``(B) Except with respect to the copays, coinsurance, deductibles,
and nominal fees specified in subparagraph (A)--
``(i) the Secretary of Defense may bill only the covered
payer for care provided to a civilian described in subparagraph
(A); and
``(ii) payment received by the Secretary from the covered
payer of a civilian for care provided under this section that is
provided to the civilian shall be considered payment in full for
such care.
``(2) If a civilian specified in subsection (a) does not meet the
criteria under paragraph (1), is underinsured, or has a remaining
balance and is at risk of financial harm, the Director of the Defense
Health Agency shall reduce each fee that would otherwise be charged to
the civilian under this section according to a sliding fee discount
program, as prescribed by the Director of the Defense Health Agency.
``(3) If a civilian specified in subsection (a) does not meet the
criteria under paragraph (1) or (2), the Director of the Defense Health
Agency shall implement an additional catastrophic waiver to prevent
severe financial harm.
``(4) The modified payment plan under this subsection may not be
administered by a Federal agency other than the Department of
Defense.''; and
(2) by adding at the end the following new subsection:
``(e) Definitions.--In this section:
``(1) The term `covered payer' means a third-party payer or
other insurance, medical service, or health plan.
``(2) The terms `third-party payer' and `insurance, medical
service, or health plan' have the meaning given those terms in
section 1095(h) of this title.''.
(c) <<NOTE: Effective date. 10 USC 1079b note.>> Applicability.--The
amendments made by subsections (a) and (b) shall apply with respect to
care provided on or after the
[[Page 136 STAT. 2662]]
date that is 180 days after the date of the enactment of this Act.
SEC. 717. AUTHORITY TO CARRY OUT STUDIES AND DEMONSTRATION
PROJECTS RELATING TO DELIVERY OF HEALTH
AND MEDICAL CARE THROUGH USE OF OTHER
TRANSACTION AUTHORITY.
(a) In General.--Section 1092(b) of title 10, United States Code, is
amended by inserting ``or transactions (other than contracts,
cooperative agreements, and grants)'' after ``contracts''.
(b) <<NOTE: Deadline.>> Briefing.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense shall
provide to the Committees on Armed Services of the Senate and the House
of Representatives a briefing on how the Secretary intends to use the
authority to enter into transactions under section 1092(b) of title 10,
United States Code, as amended by subsection (a).
SEC. 718. LICENSURE REQUIREMENT FOR CERTAIN HEALTH-CARE
PROFESSIONALS PROVIDING SERVICES AS PART
OF MISSION RELATING TO EMERGENCY,
HUMANITARIAN, OR REFUGEE ASSISTANCE.
Section 1094(d)(2) of title 10, United States Code, is amended by
inserting `` contractor not covered under section 1091 of this title who
is providing medical treatment as part of a mission relating to
emergency, humanitarian, or refugee assistance,'' after ``section 1091
of this title,''.
SEC. 719. AUTHORIZATION OF PERMANENT PROGRAM TO IMPROVE OPIOID
MANAGEMENT IN THE MILITARY HEALTH SYSTEM.
Section 716 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 1090 note), is
amended--
(1) in subsection (a)(1), by striking ``Beginning not'' and
inserting ``Except as provided in subsection (e), beginning
not'';
(2) by redesignating subsection (e) as subsection (f); and
(3) by inserting after subsection (d) the following new
subsection (e):
``(e) Alternative Initiative to Improve Opioid Management.--
As <<NOTE: Deadline.>> an alternative to the pilot program under this
section, the Director of the Defense Health Agency, not later than
January 1, 2023--
``(1) may implement a permanent program to improve opioid
management for beneficiaries under the TRICARE program; and
``(2) if the Director decides to implement such a permanent
program, shall submit to the Committees on Armed Services of the
Senate and the House of Representatives the specifications of
and reasons for implementing such program.''.
SEC. 720. <<NOTE: Determinations. 10 USC 1073c
note.>> MODIFICATION OF REQUIREMENT TO
TRANSFER RESEARCH AND DEVELOPMENT AND
PUBLIC HEALTH FUNCTIONS TO DEFENSE HEALTH
AGENCY.
(a) <<NOTE: Deadline.>> Temporary Retention.--Notwithstanding
section 1073c(e) of title 10, United States Code, at the discretion of
the Secretary of Defense, a military department may retain, until not
later than February 1, 2024, a covered function if the Secretary of
Defense determines the covered function--
[[Page 136 STAT. 2663]]
(1) addresses a need that is unique to the military
department; and
(2) is in direct support of operating forces and necessary
to execute strategies relating to national security and defense.
(b) Briefing.--
(1) <<NOTE: Deadline.>> In general.--Not later than March 1,
2023, the Secretary of Defense shall provide to the Committees
on Armed Services of the House of Representatives and the Senate
a briefing on any covered function that the Secretary has
determined should be retained by a military department pursuant
to subsection (a).
(2) Elements.--The briefing required by paragraph (1) shall
address the following:
(A) A description of each covered function that the
Secretary has determined should be retained by a
military department pursuant to subsection (a).
(B) The rationale for each such determination.
(C) <<NOTE: Recommenda- tions.>> Recommendations for
amendments to section 1073c of title 10, United States
Code, to authorize the ongoing retention of covered
functions by military departments.
(c) Modification to Names of Public Health Commands.--Section
1073c(e)(2)(B) of title 10, United States Code, is amended by striking
``Army Public Health Command, the Navy-Marine Corps Public Health
Command'' and inserting ``Army Public Health Center, the Navy-Marine
Corps Public Health Center''.
(d) Covered Function Defined.--In this section, the term ``covered
function'' means--
(1) a function relating to research and development that
would otherwise be transferred to the Defense Health Agency
Research and Development pursuant to section 1073c(e)(1) of
title 10, United States Code; or
(2) a function relating to public health that would
otherwise be transferred to the Defense Health Agency Public
Health pursuant to section 1073c(e)(2) of such title.
SEC. 721. <<NOTE: 10 USC 1071 note.>> ACCESS TO CERTAIN DEPENDENT
MEDICAL RECORDS BY REMARRIED FORMER
SPOUSES.
(a) Access.--The Secretary of Defense may authorize a remarried
former spouse who is a custodial parent of a dependent child to retain
electronic access to the privileged medical records of such dependent
child, notwithstanding that the former spouse is no longer a dependent
under section 1072(2) of title 10, United States Code.
(b) Definitions.--In this section:
(1) The term ``dependent'' has the meaning given that term
in section 1072 of title 10, United States Code.
(2) The term ``dependent child'' means a dependent child of
a remarried former spouse and a member or former member of a
uniformed service.
(3) The term ``remarried former spouse'' means a remarried
former spouse of a member or former member of a uniformed
service.
SEC. 722. <<NOTE: 10 USC 1791 note.>> AUTHORITY FOR DEPARTMENT OF
DEFENSE PROGRAM TO PROMOTE EARLY LITERACY
AMONG CERTAIN YOUNG CHILDREN.
(a) Authority.--The Secretary of Defense may carry out a program to
promote early literacy among young children in child
[[Page 136 STAT. 2664]]
development centers and libraries located on installations of the
Department of Defense.
(b) Activities.--Activities under the program under subsection (a)
shall include the following:
(1) The provision of training on early literacy promotion to
appropriate personnel of the Department.
(2) The purchase and distribution of age-appropriate books
to covered caregivers assigned to or serving at an installation
of the Department with a child development center or library at
which the Secretary is carrying out the program.
(3) The dissemination to covered caregivers of education
materials on early literacy.
(4) Such other activities as the Secretary determines
appropriate.
(c) Locations.--In carrying out the program under subsection (a),
the Secretary may conduct the activities under subsection (b) at any
child development center or library located on an installation of the
Department.
(d) <<NOTE: Deadline.>> Briefing.--Not later than one year after the
date of the enactment of this Act, the Secretary shall provide to the
Committees on Armed Services of the House of Representatives and the
Senate a briefing on the extent to which the authority under subsection
(a) is used, including--
(1) a description of any activities carried out under the
program so authorized; and
(2) <<NOTE: Evaluation.>> an evaluation of the potential
expansion of such program to be included as a part of the
pediatric primary care of young children and to be carried out
in military medical treatment facilities.
(b) Definitions.--In this section:
(1) The term ``covered caregiver'' means a member of the
Armed Forces who is a caregiver of a young child.
(2) The term ``young child'' means any child from birth to
the age of five years old, inclusive.
SEC. 723. PLAN FOR ACCOUNTABLE CARE ORGANIZATION DEMONSTRATION.
(a) <<NOTE: Deadline.>> In General.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense, acting
through the Director of the Defense Health Agency, shall submit to the
Committees on Armed Services of the House of Representatives and the
Senate a plan for the conduct of the Accountable Care Organization
demonstration, notice of which was published in the Federal Register on
August 16, 2019 (84 Fed. Reg. 41974), (in this section referred to as
the ``Demonstration'').
(b) Elements.--The plan under subsection (a) shall include, the
following:
(1) A description of how the Demonstration shall be
conducted to deliver improved health outcomes, improved quality
of care, and lower costs under the TRICARE program.
(2) A description of the results for the TRICARE program
that the Secretary plans to achieve through the Demonstration,
with respect to the following outcome measures:
(A) Clinical performance.
(B) Utilization improvement.
(C) Beneficiary engagement.
(D) Membership growth and retention.
[[Page 136 STAT. 2665]]
(E) Case management.
(F) Continuity of care.
(G) Use of telehealth.
(3) A description of how the Demonstration shall be
conducted to shift financial risk from the Department of Defense
to civilian health care providers.
(4) A description of how investment in the Demonstration
shall serve as a bridge to future competitive demonstrations of
the Department of Defense with accountable care organizations.
(5) A detailed description of the geographic locations at
which the Secretary plans to conduct such future competitive
demonstrations.
(6) A description of how a third-party administrator shall
manage the administrative components of the Demonstration,
including with respect to eligibility, enrollment, premium
payment processes, submission of qualifying life events changes,
and mailing address changes.
(c) TRICARE Program Defined.--In this section, the term ``TRICARE
program'' has the meaning given that term in section 1072 of title 10,
United States Code.
SEC. 724. FEASIBILITY STUDY AND PLAN ON ESTABLISHING A MILITARY
HEALTH SYSTEM MEDICAL LOGISTICS
DIRECTORATE AND MILITARY HEALTH SYSTEM
EDUCATION AND TRAINING DIRECTORATE.
(a) Study and Plan.--The Secretary of Defense, in consultation with
the Secretaries of the military departments and the Joint Chiefs of
Staff, shall--
(1) conduct a study on the feasibility of the establishment
within the Defense Health Agency of two subordinate
organizations, to be known as the Military Health System Medical
Logistics Directorate and the Military Health System Education
and Training Directorate, respectively; and
(2) develop a plan for such establishment.
(b) Elements.--The plan under subsection (a)(2) shall include the
following:
(1) Military health system medical logistics directorate.--
With respect to the Military Health System Medical Logistics
Directorate, the following:
(A) A description of the organizational structure of
the Directorate (including any subordinate
organizations), including the incorporation into the
Directorate of existing organizations of the military
departments that provide operational theater medical
materiel support.
(B) A description of the resourcing by the Secretary
of the executive leadership of the Directorate.
(C) A description of the geographic location, or
multiple such locations, of the elements of the
Directorate.
(D) A description of how the head of the medical
research and development organization within the Defense
Health Agency shall coordinate with the Directorate.
(E) A description of the ability of the Directorate
to address the medical logistics requirements of the
military departments, the combatant commands, and the
Joint Staff.
[[Page 136 STAT. 2666]]
(F) A description of any additional funding required
to establish the Directorate.
(G) A description of any additional legislative
authorities required to establish the Directorate,
including any such authorities required for the
leadership and direction of the Directorate.
(H) A description of any military department-
specific capabilities, requirements, or best practices
relating to medical logistics necessary to be considered
prior to the establishment of the Directorate.
(I) Such other matters relating to the
establishment, operations, or activities of the
Directorate as the Secretary may determine appropriate.
(2) Military health system education and training
directorate.--With respect to the Military Health System
Education and Training Directorate, the following:
(A) A description of the organizational structure of
the Directorate (including any subordinate
organizations), including the incorporation into the
Directorate of existing organizations that provide
relevant medical education and training, such as the
following:
(i) The Uniformed Services University of the
Health Sciences.
(ii) The College of Allied Health Sciences of
the Uniformed Services University of the Health
Sciences.
(iii) The Medical Education and Training
Campus of the Department of Defense.
(iv) The medical education and training
commands and organizations of the military
departments.
(v) The medical training programs of the
military departments affiliated with civilian
academic institutions.
(B) A description of the resourcing by the Secretary
of the executive leadership of the Directorate.
(C) A description of the geographic location, or
multiple such locations, of the elements of the
Directorate.
(D) A description of the ability of the Directorate
to address the medical education and training
requirements of the military departments.
(E) A description of any additional funding required
for the establishment the Directorate.
(F) A description of any additional legislative
authorities required for the establishment of the
Directorate, including any such authorities required for
the leadership and direction of the Directorate.
(G) Such other matters relating to the
establishment, operations, or activities of the
Directorate as the Secretary may determine appropriate.
(c) <<NOTE: Deadline.>> Submission.--Not later than one year after
the date of the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the House of
Representatives and the Senate--
(1) the results of the study under subsection (a)(1); and
(2) the plan under subsection (a)(2).
[[Page 136 STAT. 2667]]
Subtitle C--Reports and Other Matters
SEC. 731. BRIEFING AND REPORT ON REDUCTION OR REALIGNMENT OF
MILITARY MEDICAL MANNING AND MEDICAL
BILLETS.
Section 731(a)(2)(A) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1796) is amended to read
as follows:
``(A) Briefing; report.--The Comptroller General of
the United States shall--
``(i) not later than February 1, 2023, provide
to the Committees on Armed Services of the House
of Representatives and the Senate a briefing on
preliminary observations regarding the analyses
used to support any reduction or realignment of
military medical manning, including any reduction
or realignment of medical billets of the military
departments; and
``(ii) not later than May 31, 2023, submit to
the Committees on Armed Services of the House of
Representatives and the Senate a report on such
analyses.''.
SEC. 732. INDEPENDENT ANALYSIS OF DEPARTMENT OF DEFENSE
COMPREHENSIVE AUTISM CARE DEMONSTRATION
PROGRAM.
Section 737 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1800) is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (A)--
(i) by inserting ``broadly'' after
``disorder''; and
(ii) by striking ``demonstration project'' and
inserting ``demonstration program'';
(B) in subparagraph (B), by striking ``demonstration
project'' and inserting ``demonstration program'';
(C) in subparagraph (C), by inserting ``parental
involvement in applied behavioral analysis treatment,
and'' after ``including'';
(D) in subparagraph (D), by striking ``for an
individual who has'' and inserting ``, including mental
health outcomes, for individuals who have'';
(E) in subparagraph (E), by inserting ``since its
inception'' after ``demonstration program'';
(F) in subparagraph (F), by inserting ``cost
effectiveness, program effectiveness, and clinical''
after ``measure the'';
(G) in subparagraph (G), by inserting ``than in the
general population'' after ``families'';
(H) by redesignating subparagraph (H) as
subparagraph (I); and
(I) by inserting after subparagraph (G) the
following new subparagraph (H):
``(H) An analysis of whether the diagnosis and
treatment of autism is higher among the children of
military families than in the general population.''; and
(2) in subsection (c), in the matter preceding paragraph
(1), by striking ``nine'' and inserting ``31''.
[[Page 136 STAT. 2668]]
SEC. 733. CLARIFICATION OF MEMBERSHIP REQUIREMENTS AND
COMPENSATION AUTHORITY FOR INDEPENDENT
SUICIDE PREVENTION AND RESPONSE REVIEW
COMMITTEE.
Section 738 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1801) is amended--
(1) in subsection (b)(3), by striking ``none of whom may
be'' and all that follows through the closing period and
inserting ``none of whom may be--''
``(A) a member of an Armed Force; or
``(B) a civilian employee of the Department of
Defense, unless the individual is a former member of an
Armed Force.''.
(2) by redesignating subsections (f) through (h) as
subsections (g) through (i), respectively; and
(3) by inserting after subsection (e) the following new
subsection (f):
``(f) Compensation.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary may compensate members of the committee established
under subsection (a) for the work of such members for the
committee.
``(2) Exception.--A member of the committee established
under subsection (a) who is a civilian employee of the
Department of Defense and a former member of an Armed Force may
not receive compensation under paragraph (1).
``(3) Treatment of compensation.--A member of the committee
established under subsection (a) who receives compensation under
paragraph (1) shall not be considered a civilian employee of the
Department of Defense for purposes of subsection (b)(3)(B).''.
SEC. 734. TERMINATION OF VETERANS' ADVISORY BOARD ON RADIATION
DOSE RECONSTRUCTION.
Section 601 of the Veterans Benefit Act of 2003 (Public Law 108-183;
38 U.S.C. 1154 note) is amended--
(1) in subsection (b), by striking ``, including the
establishment of the advisory board required by subsection
(c)''; and
(2) by striking subsection (c).
SEC. 735. <<NOTE: 10 USC 1071 note.>> BRAIN HEALTH INITIATIVE OF
DEPARTMENT OF DEFENSE.
(a) In General.--The Secretary of Defense, in consultation with the
Secretaries concerned, shall establish a comprehensive initiative for
brain health to be known as the ``Warfighter Brain Health Initiative''
(in this section referred to as the ``Initiative'') for the purpose of
unifying efforts and programs across the Department of Defense to
improve the cognitive performance and brain health of members of the
Armed Forces.
(b) Objectives.--The objectives of the Initiative shall be the
following:
(1) To enhance, maintain, and restore the cognitive
performance of members of the Armed Forces through education,
training, prevention, protection, monitoring, detection,
diagnosis, treatment, and rehabilitation, including through the
following activities:
(A) The establishment of a program to monitor
cognitive brain health across the Department of Defense,
with the goal of detecting any need for cognitive
enhancement
[[Page 136 STAT. 2669]]
or restoration resulting from potential brain exposures
of members of Armed Forces, to mitigate possible
evolution of injury or disease progression.
(B) The identification and dissemination of
thresholds for blast pressure safety and associated
emerging scientific evidence.
(C) The modification of high-risk training and
operational activities to mitigate the negative effects
of repetitive blast exposure.
(D) The identification of individuals who perform
high-risk training or occupational activities, for
purposes of increased monitoring of the brain health of
such individuals.
(E) The development and operational fielding of non-
invasive, portable, point-of-care medical devices, to
inform the diagnosis and treatment of traumatic brain
injury.
(F) The establishment of a standardized monitoring
program that documents and analyzes blast exposures that
may affect the brain health of members of the Armed
Forces.
(G) The consideration of the findings and
recommendations of the report of the National Academies
of Science, Engineering, and Medicine titled ``Traumatic
Brain Injury: A Roadmap for Accelerating Progress'' and
published in 2022 (relating to the acceleration of
progress in traumatic brain injury research and care),
or any successor report, in relation to the activities
of the Department relating to brain health, as
applicable.
(2) To harmonize and prioritize the efforts of the
Department of Defense into a single approach to brain health.
(c) <<NOTE: Time period.>> Annual Budget Justification Documents.--
In the budget justification materials submitted to Congress in support
of the Department of Defense budget for each of fiscal years 2025
through 2029 (as submitted with the budget of the President under
section 1105(a) of title 31, United States Code), the Secretary of
Defense shall include a budget justification display that includes all
activities of the Department relating to the Initiative.
(d) Pilot Program Relating to Monitoring of Blast Coverage.--
(1) Authority.--The Director of the Defense Health Agency
may conduct, as part of the Initiative, a pilot program under
which the Director shall monitor blast overpressure exposure
through the use of commercially available, off-the-shelf,
wearable sensors, and document and evaluate data collected as a
result of such monitoring.
(2) <<NOTE: Determination.>> Locations.--Monitoring
activities under a pilot program conducted pursuant to paragraph
(1) shall be carried out in each training environment that the
Director determines poses a risk for blast overpressure
exposure.
(3) Documentation and sharing of data.--If the Director
conducts a pilot program pursuant to paragraph (1), the Director
shall--
(A) ensure that any data collected pursuant to such
pilot program that is related to the health effects of
the blast overpressure exposure of a member of the Armed
Forces who participated in the pilot program is
documented
[[Page 136 STAT. 2670]]
and maintained by the Secretary of Defense in an
electronic health record for the member; and
(B) to the extent practicable, and in accordance
with applicable provisions of law relating to data
privacy, make data collected pursuant to such pilot
program available to other academic and medical
researchers for the purpose of informing future research
and treatment options.
(e) Strategy and Implementation Plan.--Not later than one year after
the date of the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the House of
Representatives and the Senate a report setting forth a strategy and
implementation plan of the Department of Defense to achieve the
objectives of the Initiative under subsection (b).
(f) Annual Briefings.--Not later than January 31, 2024, and annually
thereafter until January 31, 2027, the Secretary of Defense shall
provide to the Committees on Armed Services of the House of
Representatives and the Senate a report on the Initiative that includes
the following:
(1) A description of the activities taken under the
Initiative and resources expended under the Initiative during
the prior fiscal year.
(2) <<NOTE: Summary.>> A summary of the progress made during
the prior fiscal year with respect to the objectives of the
Initiative under subsection (b).
(g) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in section 101
of title 10, United States Code.
SEC. 736. <<NOTE: 10 USC 1071 note.>> ESTABLISHMENT OF PARTNERSHIP
PROGRAM BETWEEN UNITED STATES AND UKRAINE
FOR MILITARY TRAUMA CARE AND RESEARCH.
Not later than February 24, 2023, the Secretary of Defense shall
seek to enter into a partnership with the appropriate counterpart from
the Government of Ukraine for the establishment of a joint program on
military trauma care and research. Such program shall consist of the
following:
(1) The sharing of relevant lessons learned from the Russo-
Ukraine War.
(2) The conduct of relevant joint conferences and exchanges
with military medical professionals from Ukraine and the United
States.
(3) Collaboration with the armed forces of Ukraine on
matters relating to health policy, health administration, and
medical supplies and equipment, including through knowledge
exchanges.
(4) The conduct of joint research and development on the
health effects of new and emerging weapons.
(5) <<NOTE: Contracts.>> The entrance into agreements with
military medical schools of Ukraine for reciprocal education
programs under which students at the Uniformed Services
University of the Health Sciences receive specialized military
medical instruction at the such military medical schools of
Ukraine and military medical personnel of Ukraine receive
specialized military medical instruction at the Uniformed
Services University of the Health Sciences, pursuant to section
2114(f) of title 10, United States Code.
[[Page 136 STAT. 2671]]
(6) The provision of support to Ukraine for the purpose of
facilitating the establishment in Ukraine of a program
substantially similar to the Wounded Warrior Program in the
United States.
(7) The provision of training to the armed forces of Ukraine
in the following areas:
(A) Health matters relating to chemical, biological,
radiological, nuclear and explosive weapons.
(B) Preventive medicine and infectious disease.
(C) Post traumatic stress disorder.
(D) Suicide prevention.
(8) <<NOTE: List.>> The maintenance of a list of medical
supplies and equipment needed.
(9) Such other elements as the Secretary of Defense may
determine appropriate.
SEC. 737. IMPROVEMENTS RELATING TO BEHAVIORAL HEALTH CARE
AVAILABLE UNDER MILITARY HEALTH SYSTEM.
(a) Study Relating to Uniformed Services University of the Health
Science.--
(1) Study.--The Secretary of Defense shall conduct a study
on the feasibility and advisability of the following:
(A) Establishing graduate degree-granting programs
in counseling and social work at the Uniformed Services
University of the Health Sciences.
(B) Expanding the clinical psychology graduate
program of the Uniformed Services University of the
Health Sciences.
(2) Matters.--The study under paragraph (1) shall include a
description of--
(A) the process by which, as a condition of
enrolling in a degree-granting program specified in such
paragraph, a civilian student would be required to
commit to post-award employment obligations; and
(B) the processes and consequences that would apply
if such obligations are not met.
(3) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the House of Representatives and
the Senate a report containing the findings of the study under
paragraph (1).
(b) <<NOTE: 10 USC note prec. 2001.>> Pilot Program on Scholarship-
for-service for Civilian Behavioral Health Providers.--
(1) Pilot program.--Not later than two years after the date
of the enactment of this Act, the Secretary of Defense shall
commence the conduct of a pilot program under which--
(A) the Secretary may provide--
(i) scholarships to cover tuition and related
fees at an institution of higher education to an
individual enrolled in a program of study leading
to a graduate degree in clinical psychology,
social work, counseling, or a related field (as
determined by the Secretary); and
(ii) student loan repayment assistance to a
credentialed behavioral health provider who has a
graduate degree in clinical psychology, social
work,
[[Page 136 STAT. 2672]]
counseling, or a related field (as determined by
the Secretary); and
(B) in exchange for such assistance, the recipient
shall commit to work as a covered civilian behavioral
health provider in accordance with paragraph (2).
(2) Post-award employment obligations.--
(A) <<NOTE: Contracts.>> In general.--Subject to
subparagraph (B), as a condition of receiving assistance
under paragraph (1), the recipient of such assistance
shall enter into an agreement with the Secretary of
Defense pursuant to which the recipient agrees to work
on a full-time basis as a covered civilian behavioral
health provider for a period of a duration that is at
least equivalent to the period during which the
recipient received assistance under such paragraph.
(B) <<NOTE: Determination.>> Other terms and
conditions.--An agreement entered into pursuant to
subparagraph (A) may include such other terms and
conditions as the Secretary of Defense may determine
necessary to protect the interests of the United States
or otherwise appropriate for purposes of this section,
including terms and conditions providing for limited
exceptions from the post-award employment obligation
specified in such subparagraph.
(3) Repayment.--
(A) In general.--An individual who receives
assistance under paragraph (1) and does not complete the
employment obligation required under the agreement
entered into pursuant to paragraph (2) shall repay to
the Secretary of Defense a prorated portion of the
financial assistance received by the individual under
paragraph (1).
(B) Determination of amount.--The amount of any
repayment required under subparagraph (A) shall be
determined by the Secretary.
(4) Duration.--The authority to carry out the pilot program
under paragraph (1) shall terminate on the date that is 10 years
after the date on which such pilot program commences.
(5) Implementation plan.--Not later than one year after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the House of
Representatives and the Senate a plan for the implementation of
this section.
(6) Reports.--
(A) In general.--Not later than each of one year and
five years after the commencement of the pilot program
under paragraph (1), the Secretary of Defense shall
submit to the Committees on Armed Services of the House
of Representative and the Senate a report on the pilot
program.
(B) Elements.--Each report under subparagraph (A)
shall include, with respect to the pilot program under
subsection (1), the following:
(i) The number of students receiving
scholarships under the pilot program.
(ii) The institutions of higher education at
which such students are enrolled.
(iii) The total amount of financial assistance
expended under the pilot program per academic
year.
[[Page 136 STAT. 2673]]
(iv) The average scholarship amount per
student under the pilot program.
(v) The number of students hired as covered
behavioral health providers pursuant to the pilot
program.
(vi) <<NOTE: Recommenda- tions.>> Any
recommendations for terminating the pilot program,
extending the pilot program, or making the pilot
program permanent.
(c) Report on Behavioral Health Workforce.--
(1) <<NOTE: Analysis.>> Report.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall conduct an analysis of the behavioral health
workforce under the direct care component of the military health
system and submit to the Committees on Armed Services of the
House of Representatives and the Senate a report containing the
results of such analysis. Such report shall include, with
respect to such workforce, the following:
(A) The number of positions authorized for military
behavioral health providers within such workforce, and
the number of such positions filled, disaggregated by
the professions described in paragraph (2).
(B) The number of positions authorized for civilian
behavioral health providers within such workforce, and
the number of such positions filled, disaggregated by
the professions described in paragraph (2).
(C) For each military department, the ratio of
military behavioral health providers assigned to
military medical treatment facilities compared to
civilian behavioral health providers so assigned,
disaggregated by the professions described in paragraph
(2).
(D) For each military department, the number of
military behavioral health providers authorized to be
embedded within an operational unit, and the number of
such positions filled, disaggregated by the professions
described in paragraph (2).
(E) <<NOTE: Data.>> Data on the historical demand
for behavioral health services by members of the Armed
Forces.
(F) <<NOTE: Estimate.>> An estimate of the number of
health care providers necessary to meet the demand by
such members for behavioral health care services under
the direct care component of the military health system,
disaggregated by provider type.
(G) An identification of any shortfall between the
estimated number under subparagraph (F) and the total
number of positions for behavioral health providers
filled within such workforce.
(H) Such other information as the Secretary may
determine appropriate.
(2) Provider types.--The professions described in this
paragraph are as follows:
(A) Clinical psychologists.
(B) Social workers.
(C) Counselors.
(D) Such other professions as the Secretary may
determine appropriate.
(3) Behavioral health workforce at remote locations.--In
conducting the analysis of the behavioral health workforce under
paragraph (1), the Secretary of Defense shall
[[Page 136 STAT. 2674]]
ensure such behavioral health workforce at remote locations
(including Guam and Hawaii) and any shortfalls thereof, is taken
into account.
(d) Plan to Address Shortfalls in Behavioral Health Workforce.--Not
later than one year after the date on which the report under subsection
(c) is submitted, the Secretary of Defense shall submit to the
Committees on Armed Services of the House of Representatives and the
Senate a plan to address any shortfall of the behavioral health
workforce identified under paragraph (1)(G) of such subsection. Such
plan shall address the following:
(1) With respect to any such shortfall of military
behavioral health providers (addressed separately with respect
to such providers assigned to military medical treatment
facilities and such providers assigned to be embedded within
operational units), the recruitment, accession, retention,
special pay and other aspects of compensation, workload, role of
the Uniformed Services University of the Health Sciences and the
Armed Forces Health Professions Scholarship Program under
chapter 105 of title 10, United States Code, any additional
authorities or resources necessary for the Secretary to increase
the number of such providers, and such other considerations as
the Secretary may consider appropriate.
(2) With respect to addressing any such shortfall of
civilian behavioral health providers, the recruitment, hiring,
retention, pay and benefits, workload, educational scholarship
programs, any additional authorities or resources necessary for
the Secretary to increase the number of such providers, and such
other considerations as the Secretary may consider appropriate.
(3) <<NOTE: Recommenda- tions.>> A recommendation as to
whether the number of military behavioral health providers in
each military department should be increased, and if so, by how
many.
(4) A plan to ensure that remote installations are
prioritized for the assignment of military behavioral health
providers.
(5) <<NOTE: Standards.>> Updated access standards for
behavioral health care under the military health system, taking
into account--
(A) the duration of time between a patient receiving
a referral for such care and the patient receiving
individualized treatment (following an initial intake
assessment) from a behavioral health provider; and
(B) the frequency of regular follow-up appointments
subsequent to the first appointment at which a patient
receives such individualized treatment.
(6) A plan to expand access to behavioral health care under
the military health system using telehealth.
(e) <<NOTE: 10 USC note prec. 2001.>> Definitions.--In this section:
(1) The term ``behavioral health'' includes psychiatry,
clinical psychology, social work, counseling, and related
fields.
(2) The term ``civilian behavioral health provider'' means a
behavioral health provider who is a civilian employee of the
Department of Defense.
(3) The term ``counselor'' means an individual who holds--
(A) a master's or doctoral degree from an accredited
graduate program in--
(i) marriage and family therapy; or
(ii) clinical mental health counseling; and
[[Page 136 STAT. 2675]]
(B) a current license or certification from a State
that grants the individual the authority to provide
counseling services as an independent practitioner in
the respective field of the individual.
(4) The term ``covered civilian behavioral health provider''
means a civilian behavioral health provider whose employment by
the Secretary of Defense involves the provision of behavioral
health services at a military medical treatment facility.
(5) The term ``institution of higher education'' has the
meaning given that term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).
(6) The term ``military behavioral health provider'' means a
behavioral health provider who is a member of the Armed Forces.
(7) The term ``military installation'' has the meaning given
that term in section 2801 of title 10, United States Code.
(8) The term ``military medical treatment facility'' means a
facility specified in section 1073d of such title.
(9) The term ``remote installation'' means a military
installation that the Secretary determines to be in a remote
location.
(10) The term ``State'' means each of the several States,
the District of Columbia, and each commonwealth, territory or
possession of the United States.
SEC. 738. <<NOTE: 10 USC 2113 note.>> CERTIFICATION PROGRAM IN
PROVISION OF MENTAL HEALTH SERVICES TO
MEMBERS OF THE ARMED FORCES AND MILITARY
FAMILIES.
(a) In General.--The Secretary of Defense, in consultation with the
President of the Uniformed Services University of the Health Sciences,
shall develop a curriculum and certification program to provide civilian
mental health professionals and students in mental health-related
disciplines with the specialized knowledge and skills necessary to
address the unique mental health needs of members of the Armed Forces
and military families.
(b) Implementation.--Not later than 90 days after completing the
development of the curriculum and certification program under subsection
(a), the Secretary of Defense shall implement such curriculum and
certification program in the Uniformed Services University of the Health
Sciences.
(c) Authority to Disseminate Best Practices.--The Secretary of
Defense may disseminate best practices based on the curriculum and
certification program developed and implemented under this section to
other institutions of higher education, as such term is defined in
section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
(d) Termination.--The authority to carry out the curriculum and
certification program under this section shall terminate on the date
that is five years after the date of the enactment of this Act.
(e) Briefing.--Not later than 180 days after the termination date
specified in subsection (d), the Secretary of Defense shall provide to
the Committees on Armed Services of the House of Representatives and the
Senate a briefing on the results of the curriculum and certification
program developed and implemented under this section.
[[Page 136 STAT. 2676]]
SEC. 739. <<NOTE: 10 USC note prec. 501.>> STANDARDIZATION OF
POLICIES RELATING TO SERVICE IN ARMED
FORCES BY INDIVIDUALS DIAGNOSED WITH HBV.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretaries concerned, shall--
(1) <<NOTE: Review. Guidance.>> review regulations,
establish policies, and issue guidance relating to service in
the Armed Forces by individuals diagnosed with HBV, consistent
with the health care standards and clinical guidelines of the
Department of Defense; and
(2) identify areas where the regulations, policies, and
guidance of the Department relating to individuals diagnosed
with HBV (including with respect to enlistments, assignments,
deployments, and retention standards) may be standardized across
the Armed Forces.
(b) Definitions.--In this section:
(1) The term ``HBV'' means the Hepatitis B Virus.
(2) The term ``Secretary concerned'' has the meaning given
that term in section 101 of title 10, United States Code.
SEC. 740. <<NOTE: 10 USC 101 note.>> SUICIDE CLUSTER:
STANDARDIZED DEFINITION FOR USE BY
DEPARTMENT OF DEFENSE; CONGRESSIONAL
NOTIFICATION.
(a) Standardization of Definition.--Not later than one year after
the date of the enactment of this Act, the Secretary of Defense, in
consultation with the Secretaries concerned, shall develop, for use
across the Armed Forces, a standardized definition for the term
``suicide cluster''.
(b) <<NOTE: Determination.>> Notification Required.--Beginning not
later than one year after the date of the enactment of this Act,
whenever the Secretary determines the occurrence of a suicide cluster
(as that term is defined pursuant to subsection (a)) among members of
the Armed Forces, the Secretary shall submit to the Committees on Armed
Services of the House of Representatives and the Senate a notification
of such determination.
(c) Briefing.--Not later than April 1, 2023, the Secretary of
Defense shall provide to the Committees on Armed Services of the House
of Representatives and the Senate a briefing on the following:
(1) The methodology being used in the development of the
definition under subsection (a).
(2) The progress made towards the development of the process
for submitting required notifications under subsection (b).
(3) <<NOTE: Estimate. Timeline.>> An estimated timeline for
the implementation of this section.
(d) Coordination Required.--In developing the definition under
subsection (a) and the process for submitting required notifications
under subsection (b), the Secretary of Defense shall coordinate with the
Secretaries concerned.
(e) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in section 101
of title 10, United States Codes.
SEC. 741. LIMITATION ON REDUCTION OF MILITARY MEDICAL MANNING END
STRENGTH: CERTIFICATION REQUIREMENT AND
OTHER REFORMS.
<<NOTE: 10 USC 129c note.>> (a) Limitation.--
[[Page 136 STAT. 2677]]
(1) <<NOTE: Time period. Effective date.>> In general.--
Except as provided in paragraph (2), and in addition to the
limitation under section 719 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 1454), as most recently amended by section 731 of the
National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117-81; 135 Stat. 1795), during the five-year period
beginning on the date of the enactment of this Act, neither the
Secretary of Defense nor a Secretary concerned may reduce
military medical end strength authorizations, and following such
period, neither may reduce such authorizations unless the
Secretary of Defense issues a waiver pursuant to paragraph (6).
(2) Exception.--The limitation under paragraph (1) shall not
apply with respect to the following:
(A) Administrative billets of a military department
that have remained unfilled since at least October 1,
2018.
(B) Billets identified as non-clinical in the budget
of the President for fiscal year 2020 submitted to
Congress pursuant to section 1105(a) of title 31, United
States Code, except that the number of such billets may
not exceed 1,700.
(C) Medical headquarters billets of the military
departments not assigned to, or providing direct support
to, operational commands.
(3) <<NOTE: Assessment.>> Report on composition of military
medical workforce requirements.--The Secretary of Defense, in
coordination with the Secretaries of the military departments,
shall conduct an assessment of current military medical manning
requirements (taking into consideration factors including future
operational planning, training, and beneficiary healthcare) and
submit to the Committees on Armed Services of the House of
Representatives and the Senate a report containing the findings
of such assessment. Such assessment shall be informed by the
following:
(A) The National Defense Strategy submitted under
section 113(g) of title 10, United States Code.
(B) The National Military Strategy prepared under
section 153(b) of such title.
(C) The campaign plans of the combatant commands.
(D) Theater strategies.
(E) The joint medical estimate under section 732 of
the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232; 132 Stat.
1817).
(F) The plan of the Department of Defense on
integrated medical operations, as updated pursuant to
paragraph (1) of section 724(a) of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-
81; 135 Stat. 1793; 10 U.S.C. 1096 note).
(G) The plan of the Department of Defense on global
patient movement, as updated pursuant to paragraph (2)
of such section 724(a).
(H) The biosurveillance program of the Department of
Defense established pursuant to Department of Defense
Directive 6420.02 (relating to biosurveillance).
(I) Requirements for graduate medical education.
(J) The report of the COVID-19 Military Health
System Review Panel under section 731 of the William
[[Page 136 STAT. 2678]]
M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283; 134 Stat.
3698).
(K) The report of the Inspector General of the
Department of Defense titled ``Evaluation of Department
of Defense Military Medical Treatment Facility
Challenges During the Coronavirus Disease-2019 (COVID-
19) Pandemic in Fiscal Year 2021 (DODIG-2022-081)'' and
published on April 5, 2022.
(L) Reports of the Comptroller General of the United
States relating to military health system reforms
undertaken on or after January, 1, 2017, including any
such reports relating to military medical manning and
force composition mix.
(M) Such other reports as may be determined
appropriate by the Secretary of Defense.
(4) Certification.--The Secretary of Defense shall submit to
the Committees on Armed Services of the House of Representatives
and the Senate a certification containing the following:
(A) <<NOTE: Review.>> A certification of the
completion of a comprehensive review of military medical
manning, including with respect to the medical corps (or
other health- or medical-related component of a military
department), designator, profession, occupation, and
rating of medical personnel.
(B) A justification for any proposed increase,
realignment, reduction, or other change to the specialty
or occupational composition of military medical end
strength authorizations, which may include compliance
with a requirement or recommendation set forth in a
strategy, plan, or other matter specified in paragraph
(3).
(C) A certification that, in the case that any
change to such specialty or occupational composition is
required, a vacancy resulting from such change may not
be filled with a position other than a health- or
medical-related position until such time as there are no
military medical billets remaining to fill the vacancy.
(D) <<NOTE: Risk analysis.>> A risk analysis
associated with the potential realignment or reduction
of any military medical end strength authorizations.
(E) <<NOTE: Plans.>> An identification of any plans
of the Department to backfill military medical personnel
positions with civilian personnel.
(F) <<NOTE: Plans. Risk analysis.>> A plan to
address persistent vacancies for civilian personnel in
health- or medical-related positions, and a risk
analysis associated with the hiring, onboarding, and
retention of such civilian personnel, taking into
account provider shortfalls across the United States.
(G) <<NOTE: Plans.>> A comprehensive plan to
mitigate any risk identified pursuant to subparagraph
(D) or (F), including with respect to funding necessary
for such mitigation across fiscal years.
(5) Process required.--The Secretaries of the military
departments, in coordination with the Secretary of Defense and
the Chairman of the Joint Chiefs of Staff, shall develop and
submit to the Committees on Armed Services of the House of
Representatives and the Senate a process for the authorization
of proposed modifications to the composition of the medical
[[Page 136 STAT. 2679]]
manning force mix across the military departments while
maintaining compliance with the limitation under paragraph (1).
Such process shall--
(A) take into consideration the funding required for
any such proposed modification; and
(B) include distinct processes for proposed
increases and proposed decreases, respectively, to the
medical manning force mix of each military department.
(6) Waiver.--
(A) In general.--Following the conclusion of the
five-year period specified in paragraph (1), the
Secretary of Defense may waive the prohibition under
such subsection if--
(i) the report requirement under paragraph
(3), the certification requirement under paragraph
(4), and the process requirement under paragraph
(5) have been completed;
(ii) <<NOTE: Determination.>> the Secretary
determines that the waiver is necessary and in the
interests of the national security of the United
States; and
(iii) the waiver is issued in writing.
(B) <<NOTE: Deadline. Briefing.>> Notification to
congress.--Not later than five days after issuing a
waiver under subparagraph (A), the Secretary of Defense
shall submit to the Committees on Armed Services of the
House of Representatives and the Senate a notification
of the waiver (including the text of the waiver and a
justification for the waiver) and provide to such
committees a briefing on the components of the waiver.
(b) Temporary Suspension of Implementation of Plan for Restructure
or Realignment of Military Medical Treatment Facilities.--The Secretary
of Defense may not implement the plan under section 703(d)(1) of the
National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 130 Stat. 2199) until the later of the following:
(1) The date that is one year after the date of the
enactment of this Act.
(2) The date on which the Secretary of Defense completes the
following:
(A) <<NOTE: Risk analysis. Assessment.>> A risk
analysis for each military medical treatment facility to
be realigned, restructured, or otherwise affected under
the implementation plan under such section 703(d)(1),
including an assessment of the capacity of the TRICARE
network of providers in the area of such military
medical treatment facility to provide care to the
TRICARE Prime beneficiaries that would otherwise be
assigned to such military medical treatment facility.
(B) An identification of the process by which the
assessment conducted under subsection (a)(3) and the
certification required under subsection (a)(4) shall be
linked to any restructuring or realignment of military
medical treatment facilities.
(c) Briefings; Final Report.--
(1) Initial briefing.--Not later than April 1, 2023, the
Secretary of Defense shall provide to the Committees on Armed
Services of the House of Representatives and the Senate a
briefing on--
[[Page 136 STAT. 2680]]
(A) the method by which the Secretary plans to meet
the report requirement under subsection (a)(3), the
certification requirement under subsection (a)(4), and
the process requirement under subsection (a)(5); and
(B) the matters specified in subparagraphs (A) and
(B) of subsection (b)(2).
(2) Briefing on progress.--Not later than two years after
the date of the enactment of this Act, the Secretary of Defense
shall provide to the Committees on Armed Services of the House
of Representatives and the Senate a briefing on the progress
made towards completion of the requirements specified in
paragraph (1)(A).
(3) Final briefing.--Not later than three years after the
date of the enactment of this Act, the Secretary of Defense
shall provide to the Committees on Armed Services of the House
of Representatives and the Senate a final briefing on the
completion of such requirements.
(4) Final report.--Not later than three years after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the House of
Representatives and the Senate a final report on the completion
of such requirements. Such final report shall be in addition to
the report, certification, and process submitted under
paragraphs (3), (4), and (5) of subsection (a), respectively.
(d) <<NOTE: 10 USC 129c note.>> Definitions.--In this section:
(1) The term ``medical personnel'' has the meaning given
such term in section 115a(e) of title 10, United States Code.
(2) The term ``Secretary concerned'' has the meaning given
that term in section 101(a) of such title.
(3) The term ``theater strategy'' means an overarching
construct outlining the vision of a combatant commander for the
integration and synchronization of military activities and
operations with other national power instruments to achieve the
strategic objectives of the United States.
SEC. 742. FEASIBILITY STUDY ON ESTABLISHMENT OF DEPARTMENT OF
DEFENSE INTERNSHIP PROGRAMS RELATING TO
CIVILIAN BEHAVIORAL HEALTH PROVIDERS.
(a) Feasibility Study.--The Secretary of Defense shall conduct a
study on the feasibility of establishing paid pre-doctoral and post-
doctoral internship programs for the purpose of training clinical
psychologists to work as covered civilian behavioral health providers.
(b) <<NOTE: Assessments.>> Elements.--The feasibility study under
subsection (a) shall assess, with respect to the potential internship
programs specified in such subsection, the following:
(1) <<NOTE: Contracts.>> A model under which, as a condition
of participating in such an internship program, the participant
would enter into an agreement with the Secretary under which the
participant agrees to work on a full-time basis as a covered
civilian behavioral health provider for a period of a duration
that is at least equivalent to the period of participation in
such internship program.
(2) <<NOTE: Determination. Requirement.>> Methods by which
the Secretary may address scenarios in which an individual who
participates in such an internship program does not complete the
employment obligation required under the agreement referred to
in paragraph (1), including
[[Page 136 STAT. 2681]]
by requiring the individual to repay to the Secretary a prorated
portion of the cost of administering such program (to be
determined by the Secretary) with respect to such individual and
of any payment received by the individual under such program.
(3) The methods by which the Secretary may adjust the
workload and staffing of behavioral health providers in military
medical treatment facilities to ensure sufficient capacity to
supervise participants in such internship programs.
(c) Report.--Not later than one year after the date of the enactment
of this Act, the Secretary shall submit to the Committees on Armed
Services of the House of Representatives and the Senate a report
containing the findings of the feasibility study under subsection (a).
(d) Definitions.--In this section:
(1) The term ``behavioral health'' includes psychiatry,
clinical psychology, social work, counseling, and related
fields.
(2) The term ``behavioral health provider'' includes the
following:
(A) A licensed professional counselor.
(B) A licensed mental health counselor.
(C) A licensed clinical professional counselor.
(D) A licensed professional clinical counselor of
mental health.
(E) A licensed clinical mental health counselor.
(F) A licensed mental health practitioner.
(3) The term ``covered civilian behavioral health provider''
means a civilian behavioral health provider whose employment by
the Secretary of Defense involves the provision of behavioral
health services at a military medical treatment facility.
(4) The term ``civilian behavioral health provider'' means a
behavioral health provider who is a civilian employee of the
Department of Defense.
(5) The term ``military medical treatment facility'' means a
facility specified in section 1073d of title 10, United States
Code.
SEC. 743. UPDATES TO PRIOR FEASIBILITY STUDIES ON ESTABLISHMENT OF
NEW COMMAND ON DEFENSE HEALTH.
(a) Updates.--The Secretary of Defense shall update prior studies
regarding the feasibility of establishing a new defense health command
under which the Defense Health Agency would be a joint component. In
conducting such updates, the Secretary shall consider for such new
command each of the following potential structures:
(1) A unified combatant command.
(2) A specified combatant command.
(3) Any other command structure the Secretary determines is
appropriate for consideration.
(b) <<NOTE: Assessments.>> Matters.--The updates under subsection
(a) shall include, with respect to the new command specified in such
subsection, the following:
(1) An assessment of the potential organizational structure
of the new command sufficient for the new command to carry out
the responsibilities described in subsection (c), including a
description of the following:
(A) The potential reporting relationship between the
commander of the new command, the Assistant Secretary
[[Page 136 STAT. 2682]]
of Defense for Health Affairs, and the Under Secretary
of Defense for Personnel and Readiness.
(B) The potential relationship of the new command to
the military departments, the combatant commands, and
the Joint Staff.
(C) The potential responsibilities of the commander
of the new command and how such responsibilities would
differ from the responsibilities of the Director of the
Defense Health Agency.
(D) The potential chain of command between such
commander and the Secretary of Defense.
(E) The potential roles of the Surgeons General of
the Army, Navy, and Air Force, with respect to such
commander.
(F) Any organizations that support the Defense
Health Agency, such as the medical departments and
medical logistics organizations of each military
department.
(G) The potential organizational structure of the
new command, including any subordinate commands.
(H) The geographic location, or multiple such
locations, of the headquarters of the new command and
any subordinate commands.
(I) How the Defense Health Agency currently serves
as a provider of optimally trained and clinically
proficient health care professionals to support
combatant commands.
(J) How the new command may further serve as a
provider of optimally trained and clinically proficient
health care professionals to support combatant commands.
(2) An assessment of any additional funding necessary to
establish the new command.
(3) An assessment of any additional legislative authorities
necessary to establish the new command, including with respect
to the executive leadership and direction of the new command.
(4) An assessment of the required resourcing of the
executive leadership of the new command.
(5) <<NOTE: Timeline.>> If the Secretary makes the
determination to establish the new command, a timeline for such
establishment.
(6) <<NOTE: Timeline.>> If the Secretary defers such
determination pending further implementation of other
organizational reforms to the military health system, a timeline
for such future determination.
(7) Such other matters relating to the establishment,
operations, or activities of the new command as the Secretary
may determine appropriate.
(c) Responsibilities Described.--The responsibilities described in
this subsection are as follows:
(1) The conduct of health operations among operational units
of the Armed Forces.
(2) The administration of military medical treatment
facilities.
(3) The administration of the TRICARE program.
(4) Serving as the element of the Armed Forces with the
primary responsibility for the following:
(A) Medical treatment, advanced trauma management,
emergency surgery, and resuscitative care.
(B) Emergency and specialty surgery, intensive care,
medical specialty care, and related services.
[[Page 136 STAT. 2683]]
(C) Preventive, acute, restorative, curative,
rehabilitative, and convalescent care.
(5) Collaboration with medical facilities participating in
the National Disaster Medical System established pursuant to
section 2812 of the Public Health Service Act (42 U.S.C. 300hh-
11), the Veterans Health Administration, and such other Federal
departments and agencies and nongovermental organizations as may
be determined appropriate by the Secretary, including with
respect to the care services specified in paragraph (4)(C).
(6) The conduct of existing research and education
activities of the Department of Defense in the field of health
sciences.
(7) The conduct of public health and global health
activities not otherwise assigned to the Armed Forces.
(8) The administration of the Defense Health Program Account
under section 1100 of title 10, United States Code.
(d) Interim Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to the
Committees on Armed Services of the House of Representatives and the
Senate a briefing on the method by which the Secretary intends to update
prior studies as required pursuant to subsection (a).
(e) Final Briefing; Report.--Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall--
(1) provide to the Committees on Armed Services of the House
of Representatives and the Senate a final briefing on the
implementation of this section; and
(2) submit to the Committees on Armed Services of the House
of Representatives and the Senate a report containing the
updates to prior studies required pursuant to subsection (a),
including each of the elements specified in subsection (b).
SEC. 744. CAPABILITY ASSESSMENT AND ACTION PLAN WITH RESPECT TO
EFFECTS OF EXPOSURE TO OPEN BURN PITS AND
OTHER ENVIRONMENTAL HAZARDS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall--
(1) conduct a capability assessment of potential
improvements to activities of the Department of Defense to
reduce the effects of environmental exposures with respect to
members of the Armed Forces; and
(2) develop an action plan to implement such improvements
assessed under paragraph (1) as the Secretary considers
appropriate.
(b) <<NOTE: Evaluations.>> Elements.--The capability assessment
required by subsection (a)(1) shall include the following elements:
(1) With respect to the conduct of periodic health
assessments, the following:
(A) An assessment of the feasibility and
advisability of adding additional screening questions
relating to environmental and occupational exposures to
current health assessments of members of the Armed
Forces conducted by the Secretary of Defense, including
pre- and post-deployment assessments and pre-separation
assessments.
[[Page 136 STAT. 2684]]
(B) An assessment of the potential value and
feasibility of regularly requiring spirometry or other
pulmonary function testing pre- and post-deployment for
all members, or selected members, of the Armed Forces.
(2) With respect to the conduct of outreach and education,
the following:
(A) An evaluation of clinician training on the
health effects of airborne hazards and how to document
exposure information in health records maintained by the
Department of Defense and the Department of Veterans
Affairs.
(B) An assessment of the adequacy of current actions
by the Secretary of Defense and the Secretary of
Veterans Affairs to increase awareness among members of
the Armed Forces and veterans of the purposes and uses
of the Airborne Hazards and Open Burn Pit Registry and
the effect of a potential requirement that individuals
meeting applicable criteria be automatically enrolled in
the registry unless such individuals opt out of
enrollment.
(C) An assessment of operational plans for
deployment with respect to the adequacy of educational
activities for, and evaluations of, performance of
command authorities, medical personnel, and members of
the Armed Forces on deployment on anticipated
environmental exposures and potential means to minimize
and mitigate any adverse health effects of such
exposures, including through the use of monitoring,
personal protective equipment, and medical responses.
(D) An evaluation of potential means to improve the
education of health care providers of the Department of
Defense with respect to the diagnosis and treatment of
health conditions associated with environmental
exposures.
(3) With respect to the monitoring of exposure during
deployment operations, the following:
(A) An evaluation of potential means to strengthen
tactics, techniques, and procedures used in deployment
operations to document--
(i) specific locations where members of the
Armed Forces served;
(ii) environmental exposures in such
locations; and
(iii) any munitions involved during such
service in such locations.
(B) An assessment of potential improvements in the
acquisition and use of wearable monitoring technology
and remote sensing capabilities to record environmental
exposures by geographic location.
(C) <<NOTE: Analysis.>> An analysis of the
potential value and feasibility of maintaining a
repository of frozen soil samples from each deployment
location to be later tested as needed when concerns
relating to environmental exposures are identified.
(4) With respect to the use of the Individual Longitudinal
Exposure Record, the following:
(A) An assessment of feasibility and advisability of
recording individual clinical diagnosis and treatment
information in the Individual Longitudinal Exposure
Record to be integrated with exposure data.
(B) An evaluation of--
[[Page 136 STAT. 2685]]
(i) the progress toward making the Individual
Longitudinal Exposure Record operationally capable
and accessible to members of the Armed Forces and
veterans by 2023; and
(ii) the integration of data from the
Individual Longitudinal Exposure Record with the
electronic health records of the Department of
Defense and the Department of Veterans Affairs.
(C) An assessment of the feasibility and
advisability of making such data accessible to the
surviving family members of members of the Armed Forces
and veterans.
(5) <<NOTE: Analyses.>> With respect to the conduct of
research, the following:
(A) An assessment of the potential use of the
Airborne Hazards and Open Burn Pit Registry for research
on monitoring and identifying the health consequences of
exposure to open burn pits.
(B) An analysis of options for increasing the amount
and the relevance of additional research into the health
effects of open burn pits and effective treatments for
such health effects.
(C) An evaluation of potential research of biomarker
monitoring to document environmental exposures during
deployment or throughout the military career of a member
of the Armed Forces.
(D) An analysis of potential organizational
strengthening with respect to the management of research
on environmental exposure hazards, including the
establishment of a joint program executive office for
such management.
(E) An assessment of the findings and
recommendations of the 2020 report by the National
Academies of Science, Engineering, and Medicine titled
``Respiratory Health Effects of Airborne Hazards
Exposures in the Southwest Asia Theater of Military
Operations''.
(6) An evaluation of such other matters as the Secretary of
Defense determines appropriate to ensure a comprehensive review
of activities relating to the effects of exposure to open burn
pits and other environmental hazards.
(c) Submission of Plan and Briefing.--Not later than 240 days after
the date of the enactment of this Act, the Secretary of Defense shall--
(1) submit to the Committees on Armed Services of the House
of Representatives and the Senate the action plan required by
subsection (a)(2); and
(2) provide to such committees a briefing on the results of
the capability assessment required by subsection (a)(1).
(d) Definitions.--In this section:
(1) The term ``Airborne Hazards and Open Burn Pit Registry''
means the registry established under section 201 of the
Dignified Burial and Other Veterans' Benefits Improvement Act of
2012 (Public Law 112-260; 38 U.S.C. 527 note).
(2) The term ``environmental exposure'' means an exposure to
an open burn pit or other environmental hazard, as determined by
the Secretary of Defense.
[[Page 136 STAT. 2686]]
(3) The term ``open burn pit'' has the meaning given that
term in section 201(c) of the Dignified Burial and Other
Veterans' Benefits Improvement Act of 2012 (Public Law 112-260;
38 U.S.C. 527 note).
SEC. 745. KYLE MULLEN NAVY SEAL MEDICAL TRAINING REVIEW.
(a) Review.--The Inspector General of the Department of Defense
shall conduct a comprehensive review of the medical training for health
care professionals furnishing medical care to individuals undergoing
Navy Sea, Air, and Land (SEAL) training, the quality assurance
mechanisms in place with respect to such care, and the efforts to
mitigate health stress of individuals undergoing such training.
(b) <<NOTE: Assessments.>> Elements.--The review under subsection
(a) shall include the following elements:
(1) A review of the policies for improved medical care of
individuals undergoing Navy SEAL training and quality assurance
with respect to such care.
(2) A review of sleep deprivation practices implemented with
respect to Navy SEAL training, including an identification of
when such practices were initially implemented and how
frequently such practices are updated.
(3) An assessment of the policies and rules relating to the
use of performance enhancing drugs by individuals undergoing
Navy SEAL training.
(4) An assessment of the oversight of health care
professionals (including enlisted and officer medical personnel,
civilian employees of the Department of Defense, and contractors
of the Department) with respect to the provision by such
professionals of health care services to individuals undergoing
Navy SEAL training.
(5) <<NOTE: Time period.>> A review and assessment of
deaths, occurring during the twenty-year period preceding the
date of the review, of individuals who were undergoing Navy SEAL
training at the time of death.
(6) A review of ongoing efforts and initiatives to ensure
the safety of individuals undergoing Navy SEAL training and to
prevent the occurrence of long-term injury, illness, and death
among such individuals.
(7) An assessment of the role of nutrition in Navy SEAL
training.
(c) Interim Briefing.--Not later than March 1, 2023, the Inspector
General of the Department of Defense shall provide to the Committees on
Armed Services of the House of Representatives and the Senate a briefing
on how the Inspector General plans to conduct the review under
subsection (a), including with respect to each element specified in
subsection (b).
(d) <<NOTE: Recommenda- tions.>> Final Report.--Not later than one
year after the date of the enactment of this Act, the Inspector General
of the Department of Defense shall submit to the Committees on Armed
Services of the House of Representatives and the Senate a final report
on the completion of the review under subsection (a), including
recommendations of the Inspector General developed as a result of such
review.
[[Page 136 STAT. 2687]]
SEC. 746. REPORTS ON COMPOSITION OF MEDICAL PERSONNEL OF EACH
MILITARY DEPARTMENT AND RELATED MATTERS.
(a) Reports.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter for three years, the
Secretary of Defense, in coordination with the Secretaries of the
military departments, shall submit to the Committees on Armed Services
of the House of Representatives and the Senate a report on the
composition of the medical personnel of each military department and
related matters.
(b) <<NOTE: Assessments.>> Elements.--Each report under subsection
(a) shall include the following:
(1) With respect to each military department, the following:
(A) An identification of the number of medical
personnel of the military department who are officers in
a grade above O-6.
(B) An identification of the number of such medical
personnel who are officers in a grade below O-7.
(C) <<NOTE: Plans.>> A description of any plans of
the Secretary to--
(i) reduce the total number of such medical
personnel; or
(ii) eliminate any covered position for such
medical personnel.
(D) <<NOTE: Recommenda- tions.>> A recommendation by
the Secretary for the number of covered positions for
such medical personnel that should be required for
purposes of maximizing medical readiness (without regard
to current statutory limitations, or potential future
statutory limitations, on such number), presented as a
total number for each military department and
disaggregated by grade.
(2) An assessment of the grade for the position of the
Medical Officer of the Marine Corps, including--
(A) a comparison of the effects of filling such
position with an officer in the grade of O-6 versus an
officer in the grade of O-7;
(B) an assessment of potential issues associated
with the elimination of such position; and
(C) a description of any potential effects of such
elimination with respect to medical readiness.
(3) An assessment of all covered positions for medical
personnel of the military departments, including the following:
(A) The total number of authorizations for such
covered positions, disaggregated by--
(i) whether the authorization is for a
position in a reserve component; and
(ii) whether the position so authorized is
filled or vacant.
(B) A description of any medical- or health-related
specialty requirements for such covered positions.
(C) For each such covered position, an
identification of the title and geographic location of,
and a summary of the responsibility description for, the
position.
(D) For each such covered position, an
identification of the span of control of the position,
including with respect to the highest grade at which
each such position has been filled.
(E) <<NOTE: Time period.>> An identification of any
downgrading, upgrading, or other changes to such covered
positions occurring during
[[Page 136 STAT. 2688]]
the 10-year period preceding the date of the report, and
an assessment of whether any such changes have resulted
in the transfer of responsibilities previously assigned
to such a covered position to--
(i) a position in the Senior Executive Service
or another executive personnel position; or
(ii) a position other than a covered position.
(F) A description of any officers in a grade above
O-6 assigned to the Defense Health Agency, the Office of
the Assistant Secretary of Defense for Health Affairs,
the Joint Staff, or any other position within the
military health system.
(G) A description of the process by which the
positions specified in subparagraph (F) are validated
against military requirements or similar billet
justification processes.
(H) A side-by-side comparison demonstrating, across
the military departments, the span of control and the
responsibilities of covered positions for medical
personnel of each military department.
(c) Disaggregation of Certain Data.--The data specified in
subparagraphs (A) and (B) of subsection (b)(1) shall be presented as a
total number and disaggregated by each medical component of the
respective military department.
(d) Definitions.--In this section:
(1) The term ``covered position'' means a position for an
officer in a grade above O-6.
(2) The term ``officer'' has the meanings given that term in
section 101(b) of title 10, United States Code.
(3) The term ``medical component'' means--
(A) in the case of the Army, the Medical Corps,
Dental Corps, Nurse Corps, Medical Service Corps,
Veterinary Corps, and Army Medical Specialist Corps;
(B) in the case of the Air Force, members designated
as medical officers, dental officers, Air Force nurses,
medical service officers, and biomedical science
officers; and
(C) in the case of the Navy, the Medical Corps,
Dental Corps, Nurse Corps, and Medical Service Corps.
(4) The term ``medical personnel'' has the meaning given
such term in section 115a(e) of title 10, United States Code.
(5) The term ``military department'' has the meaning given
that term in section 101(a) of such title.
SEC. 747. REPORT ON EFFECTS OF LOW RECRUITMENT AND RETENTION ON
OPERATIONAL TEMPO AND PHYSICAL AND MENTAL
HEALTH OF MEMBERS OF THE ARMED FORCES.
(a) Report.--Not later than one year after the date of the enactment
of this Act, the Secretary of Defense, in coordination with the
Secretaries of the military departments, shall submit to the Committees
on Armed Services of the House of Representatives and the Senate a
report on the effects of low recruitment and retention on the Armed
Forces.
(b) <<NOTE: Assessments. Time period.>> Matters.--The report under
subsection (a) shall include an assessment of the following:
(1) The effect of low recruitment on the tempo for
operational units during the previous five years, including with
respect to deployed units and units in pre-deployment training.
[[Page 136 STAT. 2689]]
(2) Whether the rate of operational tempo during the
pervious five years has affected the retention of members of the
Armed Forces, including with respect to deployed units and units
in pre-deployment training.
(3) How the rate of operational tempo during the previous
five years has affected the number of mental health visits of
members of the Armed Forces serving in such units.
(4) How the rate of operational tempo during the pervious
five years has affected the number of suicides occurring within
such units.
(5) Whether the rate of operational tempo during the
pervious five years has affected the number of musculoskeletal
and related injuries incurred by members of the Armed Forces
serving in such units.
(6) The type or types of military occupational specialties
most affected by low recruitment.
(7) Lessons learned in the process of gathering data for the
report under this section.
(8) <<NOTE: Recommenda- tions.>> Any policy or legislative
recommendations to mitigate the effect of low recruitment on the
operational tempo of the Armed Forces.
SEC. <<NOTE: 10 USC 1074 note.>> 748. GUIDANCE FOR ADDRESSING
HEALTHY RELATIONSHIPS AND INTIMATE PARTNER
VIOLENCE THROUGH TRICARE PROGRAM.
(a) Guidance.--The Secretary of Defense shall disseminate guidance
on the implementation through the TRICARE program of--
(1) education on healthy relationships and intimate partner
violence; and
(2) protocols for--
(A) the routine assessment of intimate partner
violence and sexual assault; and
(B) the promotion of, and strategies for, trauma-
informed care plans.
(b) Briefing.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall provide to the
Committees on Armed Services of the House of Representatives and the
Senate a briefing on the implementation of this section.
SEC. 749. BRIEFING ON SUICIDE PREVENTION REFORMS FOR MEMBERS OF
THE ARMED FORCES.
(a) In General.--Not later than March 1, 2023, the Secretary of
Defense shall provide to the Committees on Armed Services of the Senate
and the House of Representatives a briefing on the following:
(1) The feasibility and advisability of implementing reforms
related to suicide prevention among members of the Armed Forces
as follows:
(A) Eliminating mental health history as a
disqualifier for service in the Armed Forces, including
by eliminating restrictions related to mental health
history that are specific to military occupational
specialties.
(B) Requiring comprehensive and in-person annual
mental health assessments of members of the Armed
Forces.
(C) Requiring behavioral health providers under the
TRICARE program, including providers contracted through
[[Page 136 STAT. 2690]]
such program, to undergo evidence-based and suicide-
specific training.
(D) Requiring leaders at all levels of the Armed
Forces to be trained on the following:
(i) Total wellness.
(ii) Suicide warning signs and risk factors.
(iii) Evidence-based, suicide-specific
interventions.
(iv) Effectively communicating with medical
and behavioral health providers.
(v) Communicating with family members,
including extended family members who are not co-
located with a member of the Armed Forces, on
support and access to resources for members of the
Armed Forces and the dependents thereof.
(E) Requiring mandatory referral to Warriors in
Transition programs, or other transitional programs, for
members of the Armed Forces who are eligible for such
programs.
(2) <<NOTE: Recommenda- tions.>> Recommendations for
additional legislative actions necessary to further enhance or
expand suicide prevention efforts of the Department of Defense.
(b) Definitions.--In this section--
(1) The term ``TRICARE program'' has the meaning given that
term in section 1072 of title 10, United States Code.
(2) The term ``Warriors in Transition program'' has the
meaning given that term in section 738(e) of the National
Defense Authorization Act for Fiscal Year 2013 (Public Law 112-
239; 10 U.S.C. 1071 note).
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Writing award to encourage curiosity and persistence in
overcoming obstacles in acquisition.
Sec. 802. Task and delivery order contracting for architectural and
engineering services.
Sec. 803. Data requirements for commercial products for major weapon
systems.
Sec. 804. Revision of authority for procedures to allow rapid
acquisition and deployment of capabilities needed under
specified high-priority circumstances.
Sec. 805. Treatment of certain clauses implementing Executive orders.
Sec. 806. Life cycle management and product support.
Sec. 807. Amendments to contractor employee protections from reprisal
for disclosure of certain information.
Sec. 808. Use of fixed-price type contracts for certain major defense
acquisition programs.
Sec. 809. Acquisition reporting system.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Inclusion in budget justification materials of enhanced
reporting on proposed cancellations and modifications to
multiyear contracts.
Sec. 812. Comptroller General assessment of acquisition programs and
related efforts.
Sec. 813. Extension of Defense Modernization Account authority.
Sec. 814. Clarification to fixed-price incentive contract references.
[[Page 136 STAT. 2691]]
Sec. 815. Modification of reporting requirement in connection with
requests for multiyear procurement authority for large
defense acquisitions.
Sec. 816. Modification of provision relating to determination of certain
activities with unusually hazardous risks.
Sec. 817. Modification to prohibition on operation or procurement of
foreign-made unmanned aircraft systems.
Sec. 818. Extension of pilot program to accelerate contracting and
pricing processes.
Sec. 819. Extension of pilot program for distribution support and
services for weapons systems contractors.
Sec. 820. Extension and modification of Never Contract with the Enemy.
Sec. 821. Repeal of requirement for Inspector General of the Department
of Defense to conduct certain reviews.
Sec. 822. Modification of contracts to provide extraordinary relief due
to inflation impacts.
Subtitle C--Provisions Relating to Acquisition Workforce
Sec. 831. Key experiences and enhanced pay authority for acquisition
workforce excellence.
Sec. 832. Defense Acquisition University reforms.
Sec. 833. Modifications to Defense Civilian Training Corps.
Sec. 834. Acquisition workforce incentives relating to training on, and
agreements with, certain start-up businesses.
Sec. 835. Curricula on software acquisitions and cybersecurity software
or hardware acquisitions for covered individuals.
Sec. 836. Department of Defense national imperative for industrial
skills program.
Subtitle D--Provisions Relating to Software and Technology
Sec. 841. Guidelines and resources on the acquisition or licensing of
intellectual property.
Sec. 842. Modification of authority of the Department of Defense to
carry out certain prototype projects.
Sec. 843. Other transaction authority clarification.
Sec. 844. Prizes for advanced technology achievements.
Sec. 845. Congressional notification for pilot program to accelerate the
procurement and fielding of innovative technologies.
Sec. 846. Report on software delivery times.
Subtitle E--Industrial Base Matters
Sec. 851. Modification to the national technology and industrial base.
Sec. 852. Modification to miscellaneous limitations on the procurement
of goods other than United States goods.
Sec. 853. Requirements for the procurement of certain components for
certain naval vessels and auxiliary ships.
Sec. 854. Modifications to the procurement technical assistance program.
Sec. 855. Codification of prohibition on certain procurements from the
Xinjiang Uyghur Autonomous Region.
Sec. 856. Codification of the Department of Defense Mentor-Protege
Program.
Sec. 857. Procurement requirements relating to rare earth elements and
strategic and critical materials.
Sec. 858. Analyses of certain activities for action to address sourcing
and industrial capacity.
Sec. 859. Demonstration exercise of enhanced planning for industrial
mobilization and supply chain management.
Sec. 860. Risk management for Department of Defense pharmaceutical
supply chains.
Sec. 861. Strategy for increasing competitive opportunities for certain
critical technologies.
Sec. 862. Key advanced system development industry days.
Subtitle F--Small Business Matters
Sec. 871. Codification of Small Business Administration scorecard.
Sec. 872. Modifications to the SBIR and STTR programs.
Sec. 873. Access to data on bundled or consolidated contracts.
Sec. 874. Small business integration working group.
Sec. 875. Demonstration of commercial due diligence for small business
programs.
Sec. 876. Development and assessment of mission effectiveness metrics.
Subtitle G--Other Matters
Sec. 881. Technical correction to effective date of the transfer of
certain title 10 acquisition provisions.
[[Page 136 STAT. 2692]]
Sec. 882. Security clearance bridge pilot program.
Sec. 883. Existing agreement limits for Operation Warp Speed.
Sec. 884. Incorporation of controlled unclassified information guidance
into program classification guides and program protection
plans.
Subtitle A--Acquisition Policy and Management
SEC. 801. WRITING AWARD TO ENCOURAGE CURIOSITY AND PERSISTENCE IN
OVERCOMING OBSTACLES IN ACQUISITION.
(a) In General.--Chapter 87 of title 10, United States Code, is
amended by inserting after section 1742 the following new section:
``Sec. 1743. <<NOTE: 10 USC 1743.>> Awards to recognize members of
the acquisition workforce
``(a) Establishment.--The President of the Defense Acquisition
University shall establish two programs to provide awards to recognize
members of the acquisition workforce as follows:
``(1) An award of not more than $5,000 to such members who
use an iterative writing process to document a first-hand
account of using independent judgment to overcome an obstacle
the member faced while working within the defense acquisition
system (as defined in section 3001 of this title).
``(2) An award of not more than $5,000 to such members who
make the best use of the flexibilities and authorities granted
by the Federal Acquisition Regulation and Department of Defense
Instruction 5000.02 (Operation of the Defense Acquisition
System).
``(b) Number of Awards.--
``(1) In general.--The President of the Defense Acquisition
University may make not more than five awards under subsection
(a)(1) and one award under subsection (a)(2) each year.
``(2) Limitation.--A member of the acquisition workforce may
receive one award each year.
``(c) Requirements for Writing Award.--
``(1) Submission required.--A member of the acquisition
workforce desiring an award under subsection (a)(1) shall submit
to the President of the Defense Acquisition University the
first-hand account described in such subsection. Such first-hand
account shall demonstrate--
``(A) an original and engaging idea documenting the
use of independent judgment to overcome an obstacle the
recipient faced while working within the defense
acquisition system; and
``(B) the use of an iterative writing process,
including evidence of--
``(i) critical thinking;
``(ii) incorporation of feedback from diverse
perspectives; and
``(iii) editing to achieve plain writing (as
defined in section 3 of the Plain Writing Act of
2010 (5 U.S.C. 301 note)).
``(2) <<NOTE: Public comments.>> Website.--The President of
the Defense Acquisition University shall establish and maintain
a website to serve as a repository for submissions made under
paragraph (1). Such website shall allow for public comments and
discussion.
[[Page 136 STAT. 2693]]
``(d) Requirements for Flexibility Award.--A member of the
acquisition workforce desiring an award under subsection (a)(2) shall
submit to the President of the Defense Acquisition University
documentation that such member uses approaches to program management
that emphasize innovation and local adaptation, including the use of--
``(1) simplified acquisition procedures;
``(2) inherent flexibilities within the Federal Acquisition
Regulation;
``(3) commercial contracting approaches;
``(4) public-private partnership agreements and practices;
``(5) cost-sharing arrangements;
``(6) innovative contractor incentive practices; or
``(7) other innovative implementations of acquisition
flexibilities.
``(e) Funding.--The Secretary of Defense shall use funds from the
Defense Acquisition Workforce Development Account to carry out this
section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is <<NOTE: 10 USC prec. 1741.>> amended by inserting after
section 1742 the following new item:
``1743. Awards to recognize members of the acquisition workforce.''.
(c) <<NOTE: Repeal.>> Conforming Amendment.--Section 834 of the
National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 130 Stat. 2285; 10 U.S.C. 1701a note) is repealed.
SEC. 802. TASK AND DELIVERY ORDER CONTRACTING FOR ARCHITECTURAL
AND ENGINEERING SERVICES.
Section 3406 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(h) Architectural and Engineering Services.--
``(1) Qualification-based selections required.--Task or
delivery orders for architectural and engineering services
issued under section 3403 or 3405 of this title shall be
qualification-based selections executed in accordance with
chapter 11 of title 40.
``(2) Multiple award contracts.--When issuing a task or
delivery order for architectural and engineering services under
a multiple award contract, the head of an agency may not
routinely request additional information relating to
qualifications from the contractor for such multiple award
contract.''.
SEC. 803. DATA REQUIREMENTS FOR COMMERCIAL PRODUCTS FOR MAJOR
WEAPON SYSTEMS.
(a) Amendments Relating to Subsystems of Major Weapons Systems.--
Section 3455(b) of title 10, United States Code is amended--
(1) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B);
(2) by inserting ``(1)'' before ``A subsystem of a major
weapon system''; and
(3) by adding at the end the following new paragraph:
``(2)(A) For a subsystem proposed as commercial (as defined in
section 103(1) of title 41) and that has not been previously determined
commercial in accordance with section 3703(d) of this title, the offeror
shall--
[[Page 136 STAT. 2694]]
``(i) identify the comparable commercial product the offeror
sells to the general public or nongovernmental entities that
serves as the basis for the `of a type' assertion;
``(ii) submit to the contracting officer a comparison
necessary to serve as the basis of the `of a type' assertion of
the physical characteristics and functionality between the
subsystem and the comparable commercial product identified under
clause (i); and
``(iii) provide to the contracting officer the National
Stock Number for both the comparable commercial product
identified under clause (i), if one is assigned, and the
subsystem, if one is assigned.
``(B) If the offeror does not sell a comparable commercial product
to the general public or nongovernmental entities for purposes other
than governmental purposes that can serve as the basis for an `of a
type' assertion with respect to the subsystem--
``(i) the offeror shall--
``(I) notify the contracting officer in writing that
it does not so sell such a comparable commercial
product; and
``(II) provide to the contracting officer a
comparison necessary to serve as the basis of the `of a
type' assertion of the physical characteristics and
functionality between the subsystem and the most
comparable commercial product in the commercial
marketplace, to the extent reasonably known by the
offeror; and
``(ii) subparagraph (A) shall not apply with respect to the
offeror for such subsystem.''.
(b) Amendment Relating to Components and Spare Parts.--Section
3455(c)(2) of such title is amended to read as follows:
``(2)(A) For a component or spare part proposed as commercial (as
defined in section 103(1) of title 41) and that has not previously been
determined commercial in accordance with section 3703(d) of this title,
the offeror shall--
``(i) identify the comparable commercial product the offeror
sells to the general public or nongovernmental entities that
serves as the basis for the `of a type' assertion;
``(ii) submit to the contracting officer a comparison
necessary to serve as the basis of the `of a type' assertion of
the physical characteristics and functionality between the
component or spare part and the comparable commercial product
identified under clause (i); and
``(iii) provide to the contracting officer the National
Stock Number for both the comparable commercial product
identified under clause (i), if one is assigned, and the
component or spare part, if one is assigned.
``(B) If the offeror does not sell a comparable commercial product
to the general public or nongovernmental entities for purposes other
than governmental purposes that can serve as the basis for an `of a
type' assertion with respect to the component or spare part--
``(i) the offeror shall--
``(I) notify the contracting officer in writing that
it does not so sell such a comparable commercial
product; and
``(II) provide to the contracting officer a
comparison necessary to serve as the basis of the `of a
type' assertion
[[Page 136 STAT. 2695]]
of the physical characteristics and functionality
between the component or spare part and the most
comparable commercial product in the commercial
marketplace, to the extent reasonably known by the
offeror; and
``(ii) subparagraph (A) shall not apply with respect to the
offeror for such component or spare part.''.
(c) Amendments Relating to Information Submitted.--Section 3455(d)
of such title is amended--
(1) in the subsection heading, by inserting after
``Submitted'' the following: ``for Procurements That Are Not
Covered by the Exceptions in Section 3703(a)(1) of This Title'';
(2) <<NOTE: Determinations.>> in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``the contracting officer shall require the
offeror to submit--'' and inserting ``the offeror shall,
in accordance with paragraph (4), submit to the
contracting officer or provide the contracting officer
access to--'';
(B) in subparagraph (A)--
(i) by inserting ``a representative sample, as
determined by the contracting officer, of the''
before ``prices paid''; and
(ii) by inserting ``, and the terms and
conditions of such sales'' after ``Government and
commercial customers'';
(C) in subparagraph (B), by striking ``information
on--'' and all that follows and inserting the following:
``a representative sample, as determined by the
contracting officer, of the prices paid for the same or
similar commercial products sold under different terms
and conditions, and the terms and conditions of such
sales; and''; and
(D) in subparagraph (C)--
(i) by inserting ``only'' before ``if the
contracting officer''; and
(ii) by inserting after ``reasonableness of
price'' the following: ``because either the
comparable commercial products provided by the
offeror are not a valid basis for a price analysis
or the contracting officer determines the proposed
price is not reasonable after evaluating sales
data, and the contracting officer receives the
approval described in paragraph (5)''; and
(3) by adding at the end the following new paragraphs:
``(4)(A) An offeror may redact data information submitted or made
available under subparagraph (A) or (B) of paragraph (1) with respect to
sales of an item acquired under this section only to the extent
necessary to remove information individually identifying government
customers, commercial customers purchasing such item for governmental
purposes, and commercial customers purchasing such item for commercial,
mixed, or unknown purposes.
``(B) <<NOTE: Certification.>> Before an offeror may exercise the
authority under subparagraph (A) with respect to a customer, the offeror
shall certify in writing to the contracting officer whether the customer
is a government customer, a commercial customer purchasing the item for
governmental purpose, or a commercial customer purchasing the item for a
commercial, mixed, or unknown purpose.
[[Page 136 STAT. 2696]]
``(5) A contracting officer may not require an offeror to submit or
make available information under paragraph (1)(C) without approval from
a level above the contracting officer.
``(6) Nothing in this subsection shall relieve an offeror of other
obligations under any other law or regulation to disclose and support
the actual rationale of the offeror for the price proposed by the
offeror to the Government for any good or service.''.
(d) Applicability.--Section 3455 of such title is amended by adding
at the end the following new subsection:
``(g) Applicability.--
``(1) In general.--Subsections (b) and (c) shall apply only
with respect to subsystems described in subsection (b) and
components or spare parts described in subsection (c),
respectively, that the Department of Defense acquires through--
``(A) a prime contract;
``(B) a modification to a prime contract; or
``(C) a subcontract described in paragraph (2).
``(2) Subcontract described.--A subcontract described in
this paragraph is a subcontract through which the Department of
Defense acquires a subsystem or component or spare part proposed
as commercial (as defined in section 103(1) of title 41) under
this section and that has not previously been determined
commercial in accordance with section 3703(d).''.
SEC. 804. REVISION OF AUTHORITY FOR PROCEDURES TO ALLOW RAPID
ACQUISITION AND DEPLOYMENT OF CAPABILITIES
NEEDED UNDER SPECIFIED HIGH-PRIORITY
CIRCUMSTANCES.
(a) Revision and Codification of Rapid Acquisition Authority.--
Chapter 253 of part V of title 10, United States Code, is amended to
read as follows:
``CHAPTER 253-- <<NOTE: 10 USC prec. 3601.>> RAPID ACQUISITION
PROCEDURES
``Sec.
``3601. Procedures for urgent acquisition and deployment of capabilities
needed in response to urgent operational needs or vital
national security interest.
``Sec. 3601. <<NOTE: 10 USC 3601.>> Procedures for urgent
acquisition and deployment of capabilities
needed in response to urgent operational needs
or vital national security interest
``(a) Procedures.--
``(1) In general.--The Secretary of Defense shall prescribe
procedures for the urgent acquisition and deployment of
capabilities needed in response to urgent operational needs. The
capabilities for which such procedures may be used in response
to an urgent operational need are those--
``(A) that, subject to such exceptions as the
Secretary considers appropriate for purposes of this
section--
``(i) <<NOTE: Time period.>> can be fielded
within a period of two to 24 months;
``(ii) do not require substantial development
effort;
``(iii) are based on technologies that are
proven and available; and
``(iv) can appropriately be acquired under
fixed-price contracts; or
``(B) that can be developed or procured under a
section 804 rapid acquisition pathway.
[[Page 136 STAT. 2697]]
``(2) Definition.--In this section, the term `section 804
rapid acquisition pathway' means the rapid fielding acquisition
pathway or the rapid prototyping acquisition pathway authorized
under section 804 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 3201 prec.).
``(b) Matters to Be Included.--The procedures prescribed under
subsection (a) shall include the following:
``(1) A process for streamlined communications between the
Chairman of the Joint Chiefs of Staff, the acquisition
community, and the research and development community,
including--
``(A) a process for the commanders of the combatant
commands and the Chairman of the Joint Chiefs of Staff
to communicate their needs to the acquisition community
and the research and development community; and
``(B) a process for the acquisition community and
the research and development community to propose
capabilities that meet the needs communicated by the
combatant commands and the Chairman of the Joint Chiefs
of Staff.
``(2) Procedures for demonstrating, rapidly acquiring, and
deploying a capability proposed pursuant to paragraph (1)(B),
including--
``(A) a process for demonstrating and evaluating for
current operational purposes the performance of the
capability;
``(B) a process for developing an acquisition and
funding strategy for the deployment of the capability;
and
``(C) a process for making deployment and
utilization determinations based on information obtained
pursuant to subparagraphs (A) and (B).
``(3) A process to determine the disposition of a
capability, including termination (demilitarization or
disposal), continued sustainment, or transition to a program of
record.
``(4) Specific procedures in accordance with the guidance
developed under section 804(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10
U.S.C. 3201 prec.).
``(c) Response to Combat Emergencies and Certain Urgent Operational
Needs.--
``(1) Determination of need for urgent acquisition and
deployment.--(A) In the case of any capability that, as
determined in writing by the Secretary of Defense, is urgently
needed to eliminate a documented deficiency that has resulted in
combat casualties, or is likely to result in combat casualties,
the Secretary may use the procedures developed under this
section in order to accomplish the urgent acquisition and
deployment of the needed capability.
``(B) In the case of any capability that, as determined in
writing by the Secretary of Defense, is urgently needed to
eliminate a documented deficiency that impacts an ongoing or
anticipated contingency operation and that, if left unfulfilled,
could potentially result in loss of life or critical mission
failure, the Secretary may use the procedures developed under
this section in order to accomplish the urgent acquisition and
deployment of the needed capability.
[[Page 136 STAT. 2698]]
``(C)(i) In the case of any cyber capability that, as
determined in writing by the Secretary of Defense, is urgently
needed to eliminate a deficiency that as the result of a cyber
attack has resulted in critical mission failure, the loss of
life, property destruction, or economic effects, or if left
unfilled is likely to result in critical mission failure, the
loss of life, property destruction, or economic effects, the
Secretary may use the procedures developed under this section in
order to accomplish the urgent acquisition and deployment of the
needed offensive or defensive cyber capability.
``(ii) <<NOTE: Definition.>> In this subparagraph, the term
`cyber attack' means a deliberate action to alter, disrupt,
deceive, degrade, or destroy computer systems or networks or the
information or programs resident in or transiting these systems
or networks.
``(2) Designation of senior official responsible.--(A)(i)
Except as <<NOTE: Deadline.>> provided under clause (ii),
whenever the Secretary of Defense makes a determination under
subparagraph (A), (B), or (C) of paragraph (1) that a capability
is urgently needed to eliminate a deficiency described in that
subparagraph, the Secretary shall designate a senior official of
the Department of Defense to ensure that the needed capability
is acquired and deployed as quickly as possible, with a goal of
awarding a contract for the acquisition of the capability within
15 days.
``(ii) Clause (i) does not apply to an acquisition initiated
in the case of a determination by the Secretary of Defense that
funds are necessary to immediately initiate a project under a
section 804 rapid acquisition pathway if the designated official
for acquisitions using such pathway is a service acquisition
executive.
``(B) <<NOTE: Waiver authority.>> Upon designation of a
senior official under subparagraph (A) with respect to a needed
capability, the Secretary shall authorize that senior official
to waive any provision of law or regulation described in
subsection (d) that such senior official determines in writing
would unnecessarily impede the urgent acquisition and deployment
of such <<NOTE: Requirement.>> capability. In a case in which
such capability cannot be acquired without an extensive delay,
the senior official shall require that an interim solution be
implemented and deployed using the procedures developed under
this section to minimize adverse consequences resulting from the
urgent need.
``(3) <<NOTE: Determination.>> Use of funds.--(A) Subject
to subparagraph (C), in any fiscal year in which the Secretary
of Defense makes a determination described in subparagraph (A),
(B), or (C) of paragraph (1) with respect to a capability, or
upon the Secretary making a determination that funds are
necessary to immediately initiate a project under a section 804
rapid acquisition pathway based on a compelling national
security need, the Secretary may use any funds available to the
Department of Defense to urgently acquire and deploy such
capability or immediately initiate such project, respectively,
if the determination includes a written finding that the use of
such funds is necessary to address in a timely manner the
deficiency documented or identified under such subparagraph (A),
(B), or (C) or the compelling national security need identified
for purposes of such section 804 pathway, respectively.
``(B) The authority provided by this section may only be
used to acquire capability--
[[Page 136 STAT. 2699]]
``(i) in the case of determinations by the Secretary
under paragraph (1)(A), in an amount aggregating not
more than $200,000,000 during any fiscal year;
``(ii) in the case of determinations by the
Secretary under paragraph (1)(B), in an amount
aggregating not more than $200,000,000 during any fiscal
year;
``(iii) in the case of determinations by the
Secretary under paragraph (1)(C), in an amount
aggregating not more than $200,000,000 during any fiscal
year; and
``(iv) in the case of a determination by the
Secretary that funds are necessary to immediately
initiate a project under a section 804 rapid acquisition
pathway, in an amount aggregating not more than
$50,000,000 during any fiscal year.
``(C) In exercising the authority under this section--
``(i) none of the amounts appropriated for Operation
and Maintenance may be used to carry out this section
except for amounts appropriated for--
``(I) Operation and Maintenance, Defense-wide;
``(II) Operation and Maintenance, Army;
``(III) Operation and Maintenance, Navy;
``(IV) Operation and Maintenance, Marine
Corps;
``(V) Operation and Maintenance, Air Force; or
``(VI) Operation and Maintenance, Space Force;
and
``(ii) <<NOTE: Time period.>> when funds are
utilized for sustainment purposes, this authority may
not be used for more than 2 years.
``(4) Notification to congressional defense committees.--
(A) <<NOTE: Deadlines.>> In the case of a determination by the
Secretary of Defense under subparagraph (A) or (C) of paragraph
(1), the Secretary shall notify the congressional defense
committees of the determination within 15 days after the date of
the determination.
``(B) In the case of a determination by the Secretary under
paragraph (1)(B), the Secretary shall notify the congressional
defense committees of the determination at least 10 days before
the date on which the determination is effective.
``(C) In the case of a determination by the Secretary under
paragraph (3)(A) that funds are necessary to immediately
initiate a project under a section 804 rapid acquisition
pathway, the Secretary shall notify the congressional defense
committees of the determination within 10 days after the date of
the use of such funds.
``(D) A notice under this paragraph shall include the
following:
``(i) Identification of the capability to be
acquired.
``(ii) The amount anticipated to be expended for the
acquisition.
``(iii) The source of funds for the acquisition.
``(E) A notice under this paragraph shall fulfill any
requirement to provide notification to Congress for a program
(referred to as a `new start program') that has not previously
been specifically authorized by law or for which funds have not
previously been appropriated.
``(F) A notice under this paragraph shall be provided in
consultation with the Director of the Office of Management and
Budget.
[[Page 136 STAT. 2700]]
``(5) Limitation on officers with authority.--The authority
to make determinations under subparagraph (A), (B), or (C) of
paragraph (1) and under paragraph (3)(A) that funds are
necessary to immediately initiate a project under a section 804
rapid acquisition pathway, to designate a senior official
responsible under paragraph (3), and to provide notification to
the congressional defense committees under paragraph (4) may be
exercised only by the Secretary of Defense or the Deputy
Secretary of Defense.
``(d) Authority to Waive Certain Laws and Regulations.--
``(1) Authority.--Following a determination described in
subsection (c)(1), the senior official designated in accordance
with subsection (c)(2), with respect to that designation, may
waive any provision of law or regulation addressing--
``(A) the establishment of a requirement or
specification for the capability to be acquired;
``(B) the research, development, test, and
evaluation of the capability to be acquired;
``(C) the production, fielding, and sustainment of
the capability to be acquired; or
``(D) the solicitation, selection of sources, and
award of the contracts for procurement of the capability
to be acquired.
``(2) Limitations.--Nothing in this subsection authorizes
the waiver of--
``(A) the requirements of this section;
``(B) any provision of law imposing civil or
criminal penalties; or
``(C) any provision of law governing the proper
expenditure of appropriated funds.
``(e) Operational Assessments.--
``(1) In general.--The process prescribed under subsection
(b)(2)(A) for demonstrating and evaluating for current
operational purposes the performance of a capability proposed
pursuant to subsection (b)(1)(B) shall include the following:
``(A) <<NOTE: Procedures.>> An operational
assessment in accordance with procedures prescribed by
the Director of Operational Test and Evaluation.
``(B) <<NOTE: Requirement.>> A requirement to
provide information about any deficiency of the
capability in meeting the original requirements for the
capability (as stated in a statement of the urgent
operational need or similar document) to the deployment
decision-making authority.
``(2) Limitation.--The process prescribed under subsection
(b)(2)(A) may not include a requirement for any deficiency of
capability identified in the operational assessment to be the
determining factor in deciding whether to deploy the capability.
``(3) Director of operational test and evaluation access.--
If a capability is deployed <<NOTE: Records. Data.>> under the
procedures prescribed pursuant to this section, or under any
other authority, before operational test and evaluation of the
capability is completed, the Director of Operational Test and
Evaluation shall have access to operational records and data
relevant to such capability in accordance with section 139(e)(3)
of this title for the purpose of completing operational test and
evaluation of the capability. <<NOTE: Determination.>> Such
access shall be provided in a time and
[[Page 136 STAT. 2701]]
manner determined by the Secretary of Defense consistent with
requirements of operational security and other relevant
operational requirements.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
subtitle A, and at the beginning of part V of subtitle A, of title 10,
United States Code, <<NOTE: 10 USC prec. 101, 3001.>> are each amended
by striking the item relating to chapter 253 and inserting the
following:
``253. Rapid Acquisition Procedures..............................3601''.
(c) Conforming Repeals.--The following provisions of law are
repealed:
(1) Section 804 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 10
U.S.C. 3201 note prec.).
(2) Section 806 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 10
U.S.C. 3201 note prec.).
(d) Additional Conforming Amendments.--
(1) Section 2216a(c) of title 10, United States Code, is
amended by striking ``section 804(b) of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 2302
note)'' and inserting ``Department of Defense Instruction
5000.81 (or any successor instruction), dated December 31, 2019,
and titled `Urgent Capability Acquisition' ''.
(2) Section 8074 of title VIII of the Department of Defense
Appropriations Act, 2022 (division C of Public Law 117-103; 136
Stat. 193) <<NOTE: 10 USC note prec. 3201.>> is amended by
striking ``under section 806(c)(4) of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003 (10 U.S.C. 2302
note)'' and inserting ``under section 3601(c)(4) of title 10,
United States Code,''.
(3) Section 851(f) of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-291; 10 U.S.C 3201 note prec.) is amended by
striking ``under section 806 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 10
U.S.C. 2302 note)'' and inserting ``under section 3601 of title
10, United States Code''.
(4) Section 231(c)(1)(A) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 10
U.S.C. 139 note) is amended by striking ``section 806 of the Bob
Stump National Defense Authorization Act for Fiscal Year 2003
(10 U.S.C. 2302 note)'' and inserting ``section 3601 of title
10, United States Code''.
SEC. 805. <<NOTE: Deadlines.>> TREATMENT OF CERTAIN CLAUSES
IMPLEMENTING EXECUTIVE ORDERS.
(a) In General.--Section 3862 of title 10, United States Code, is
amended--
(1) in the section heading, by striking ``: certification'';
(2) by redesignating subsection (c) as subsection (d);
(3) by inserting after subsection (b) the following new
subsection:
``(c) Treatment of Certain Clauses Implementing Executive Orders.--
The unilateral insertion of a covered clause into an existing Department
of Defense contract, order, or other transaction by a contracting
officer shall be treated as a change directed by the contracting officer
pursuant to, and subject to, the Changes
[[Page 136 STAT. 2702]]
clause of the underlying contract, order, or other transaction.''; and
(4) in subsection (d), as redesignated by paragraph (2)--
(A) in the subsection heading, by striking
``Definition'' and inserting ``Definitions'';
(B) by striking ``section, the term'' and inserting
the following: ``section:
``(1) The term''; and
(C) <<NOTE: Definitions.>> by adding at the end the
following new paragraphs:
``(2) The term `Changes clause' means the clause described
in part 52.243-4 of the Federal Acquisition Regulation or any
successor regulation.
``(3) The term `covered clause' means any clause
implementing the requirements of an Executive order issued by
the President.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 281 of title 10, United States Code, <<NOTE: 10 USC prec.
3861.>> is amended by striking the item relating to section 3862 and
inserting the following:
``3862. Requests for equitable adjustment or other relief.''.
(c) <<NOTE: 10 USC 3862 note.>> Conforming Regulations.--Not later
than 120 days after the date of the enactment of this Act, the Secretary
of Defense shall revise the Department of Defense Supplement to the
Federal Acquisition Regulation to implement the requirements of section
3862 of title 10, United States Code, as amended by subsection (a).
(d) <<NOTE: 10 USC 3862 note.>> Conforming Policy Guidance.--Not
later than 120 days after the date of the enactment of this Act, the
Secretary of Defense shall revise applicable policy guidance on other
transactions to implement the requirements of section 3862 of title 10,
United States Code, as amended by subsection (a).
SEC. 806. LIFE CYCLE MANAGEMENT AND PRODUCT SUPPORT.
(a) In General.--Section 4324(b) of title 10, United States Code, is
amended--
(1) by redesignating paragraphs (1), (2), (3), (4), (5),
(6), (7), and (8) as subparagraphs (A), (B), (C), (D), (E), (F),
(G), and (J), respectively;
(2) by designating the matter preceding subparagraph (A), as
so redesignated, as paragraph (1);
(3) in paragraph (1), as so designated--
(A) in the matter preceding subparagraph (A), as so
redesignated--
(i) by inserting ``In general.--'' before
``Before granting''; and
(ii) by inserting ``for which the milestone
decision authority has received views from
appropriate materiel, logistics, or fleet
representatives'' after ``approved life cycle
sustainment plan'';
(B) by amending subparagraph (G), as so
redesignated, to read as follows:
``(G) an intellectual property management plan for
product support, including requirements for technical
data, software, and modular open system approaches (as
defined in section 4401 of this title);'';
(C) by inserting after subparagraph (G), as so
redesignated, the following new subparagraphs:
[[Page 136 STAT. 2703]]
``(H) <<NOTE: Estimate.>> an estimate of the number
of personnel needed to operate and maintain the covered
system, including military personnel, Federal employees,
contractors, and host nation support personnel (as
applicable);
``(I) a description of opportunities for foreign
military sales; and''; and
(4) by adding at the end of paragraph (1), as so designated,
the following new paragraph:
``(2) <<NOTE: Update.>> Subsequent phases.--Before granting
Milestone C approval (or the equivalent) for the covered system,
the milestone decision authority shall ensure that the life
cycle sustainment plan required by paragraph (1) for such
covered system has been updated to include views received by the
milestone decision authority from appropriate materiel,
logistics, or fleet representatives.''.
(b) Milestone C Approval Defined.--Section 4324(d) of title 10,
United States Code, is amended--
(1) by redesignating paragraph (7) as paragraph (8); and
(2) by inserting after paragraph (6) the following new
paragraph:
``(7) Milestone c approval.--The term `Milestone C approval'
has the meaning given that term in section 4172(e)(8) of this
title.''.
SEC. 807. AMENDMENTS TO CONTRACTOR EMPLOYEE PROTECTIONS FROM
REPRISAL FOR DISCLOSURE OF CERTAIN
INFORMATION.
(a) Defense Contracts.--Section 4701 of title 10, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2)(G), by striking ``or
subcontractor'' and inserting ``, subcontractor,
grantee, subgrantee, or personal services contractor'';
and
(B) in paragraph (3)(A), by striking ``or
subcontractor'' and inserting ``, subcontractor,
grantee, subgrantee, or personal services contractor'';
(2) in subsection (b)(1), by striking ``contractor
concerned'' and inserting ``contractor, subcontractor, grantee,
subgrantee, or personal services contractor concerned'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A),
by striking ``contractor concerned'' and inserting
``contractor, subcontractor, grantee, subgrantee,
or personal services contractor concerned'';
(ii) in subparagraph (A), by inserting ``,
subcontractor, grantee, subgrantee, or personal
services contractor'' after ``contractor'';
(iii) in subparagraph (B), by inserting ``,
subcontractor, grantee, subgrantee, or personal
services contractor'' after ``contractor'';
(iv) in subparagraph (C), by inserting ``,
subcontractor, grantee, subgrantee, or personal
services contractor'' after ``contractor''; and
(v) by inserting at the end the following new
subparagraph:
[[Page 136 STAT. 2704]]
``(D) Consider disciplinary or corrective action
against any official of the Department of Defense.'';
and
(B) in paragraph (2), by inserting ``,
subcontractor, grantee, subgrantee, or personal services
contractor'' after ``contractor'';
(4) in subsection (d), by striking ``and subcontractors''
and inserting ``, subcontractors, grantees, subgrantees, or
personal services contractors'';
(5) in subsection (e)(2)--
(A) in the matter preceding subparagraph (A), by
striking ``or grantee of'' and inserting ``grantee,
subgrantee, or personal services contractor of''; and
(B) in subparagraph (B), by striking ``or grantee''
and inserting ``grantee, or subgrantee''; and
(6) in subsection (g)(5), by inserting ``or grants'' after
``contracts''.
(b) Civilian Contracts.--Section 4712 of title 41, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``or subgrantee''
and inserting ``subgrantee,'';
(B) in paragraph (2), by striking ``or subgrantee''
and inserting ``subgrantee, or personal services
contractor''; and
(C) in paragraph (3), by striking ``or subgrantee''
and inserting ``subgrantee, or personal services
contractor'';
(2) in subsection (b)(1), by striking ``or subgrantee
concerned'' and inserting ``subgrantee, or personal services
contractor concerned'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A),
by striking ``or subgrantee concerned'' and
inserting ``subgrantee, or personal services
contractor concerned'';
(ii) in subparagraph (A), by striking ``or
subgrantee'' and inserting ``subgrantee, or
personal services contractor'';
(iii) in subparagraph (B), by striking ``or
subgrantee'' and inserting ``subgrantee, or
personal services contractor'';
(iv) in subparagraph (C), by striking ``or
subgrantee'' and inserting ``subgrantee, or
personal services contractor''; and
(v) by inserting at the end the following new
subparagraph:
``(D) Consider disciplinary or corrective action against any
official of the executive agency, if appropriate.''; and
(B) in paragraph (2), by striking ``or subgrantee''
and inserting ``subgrantee, or personal services
contractor'';
(4) in subsection (d), by striking ``and subgrantees'' and
inserting ``subgrantees, and personal services contractors'';
and
(5) in subsection (f), by striking ``or subgrantee'' each
place it appears and inserting ``subgrantee, or personal
services contractor''.
[[Page 136 STAT. 2705]]
SEC. 808. <<NOTE: Deadlines.>> USE OF FIXED-PRICE TYPE CONTRACTS
FOR CERTAIN MAJOR DEFENSE ACQUISITION
PROGRAMS.
(a) In General.--Section 818 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364) <<NOTE: 10
USC note prec. 4231.>> is amended by adding at the end the following
new subsection:
``(f) Conditions With Respect to Certain Low-rate Initial
Production.--
``(1) In general.--The number of low-rate initial production
lots associated with a major defense acquisition program may not
be more than one if--
``(A) the milestone decision authority authorizes
the use of a fixed-price type contract at the time of a
decision on Milestone B approval; and
``(B) the scope of the work of the fixed-price type
contract includes both the development and low-rate
initial production of items for such major defense
acquisition program.
``(2) Waiver.--The limitation in paragraph (1) may be waived
by the applicable service acquisition executive or a designee of
such executive if--
``(A) such waiver authority is not delegated to the
level of the contracting officer; and
``(B) <<NOTE: Notification.>> written notification
of a granted waiver, including the associated rationale,
is provided to the congressional defense committees not
later than 30 days after issuance of the waiver.
``(3) Definitions.--In this subsection:
``(A) The term `low-rate initial production' has the
meaning given under section 4231 of title 10, United
States Code.
``(B) The term `milestone decision authority' has
the meaning given in section 4211 of title 10, United
States Code.
``(C) The term `major defense acquisition program'
has the meaning given in section 4201 of title 10,
United States Code.
``(D) The term `Milestone B approval' has the
meaning given in section 4172(e) of title 10, United
States Code.''.
(b) <<NOTE: 10 USC note prec. 4231.>> Modification of
Regulations.--Not later than 120 days after the date of the enactment of
this Act, the Secretary of Defense shall revise the Department of
Defense Supplement to the Federal Acquisition Regulation and any
applicable regulations regarding the use of fixed-price type contracts
for a major defense acquisition program (as defined in section 4201 of
title 10, United States Code) to carry out this section and the
amendments made by this section.
SEC. 809. ACQUISITION REPORTING SYSTEM.
(a) <<NOTE: 10 USC 4351 note.>> In General.--The Secretary of
Defense shall institute a defense acquisition reporting system to
replace the requirements of section 4351 of title 10, United States
Code, as soon as practicable but not later than June 30, 2023.
(b) Elements.--The reporting system required under subsection (a)
shall--
(1) produce the information necessary to carry out the
actions specified in chapter 325 of title 10, United States
Code;
[[Page 136 STAT. 2706]]
(2) produce the information necessary to carry out the
actions specified in sections 4217 and 4311 of the Atomic Energy
Defense Act (50 U.S.C. 2537, 2577);
(3) incorporate--
(A) the lessons learned from the demonstration
carried out under subsection (b) of section 805 of the
National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81; 135 Stat. 1816); and
(B) <<NOTE: Plans.>> the plans required under
subsection (c) of such section (Public Law 117-81; 135
Stat. 1817);
(4) <<NOTE: Time period.>> provide the congressional
defense committees and other designated Government entities with
access to acquisition reporting that is updated on a not less
than quarterly basis; and
(5) include such other information and functions as the
Secretary of Defense determines appropriate to support the
acquisition reporting needs of the Department of Defense.
(c) Conforming Amendments.--The Atomic Energy Defense Act (50 U.S.C.
2501 et seq.) is amended--
(1) in section 4217(a)(2), <<NOTE: 50 USC 2537.>> by
inserting ``or any successor system,'' after ``United States
Code,''; and
(2) in section 4311(a)(2), <<NOTE: 50 USC 2577.>> by
inserting ``or any successor system,'' after ``United States
Code,''.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 811. INCLUSION IN BUDGET JUSTIFICATION MATERIALS OF ENHANCED
REPORTING ON PROPOSED CANCELLATIONS AND
MODIFICATIONS TO MULTIYEAR CONTRACTS.
Section 239c(b) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (1) through (4) as
paragraphs (2) through (5), respectively; and
(2) by inserting before paragraph (2), as so redesignated,
the following new paragraph:
``(1) A detailed explanation of the rationale for the
proposed cancellation or covered modification of the multiyear
contract.''.
SEC. 812. COMPTROLLER GENERAL ASSESSMENT OF ACQUISITION PROGRAMS
AND RELATED EFFORTS.
(a) In General.--Section 3072 of title 10, United States Code, is
amended--
(1) in the section heading, by striking ``initiatives'' and
inserting ``efforts'';
(2) by striking ``initiatives'' each place it appears and
inserting ``efforts'';
(3) in subsection (a), by striking ``through 2023'' and
inserting ``through 2026''; and
(4) in subsection (c), in the subsection heading, by
striking ``Initiatives'' and inserting ``Efforts''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 203 of title 10, United States Code, <<NOTE: 10 USC prec.
3062.>> is amended in the item relating to section 3072 by striking
``initiatives'' and inserting ``efforts''.
[[Page 136 STAT. 2707]]
SEC. 813. EXTENSION OF DEFENSE MODERNIZATION ACCOUNT AUTHORITY.
Section 3136 of title 10, United States Code, is amended by striking
subsection (j).
SEC. 814. CLARIFICATION TO FIXED-PRICE INCENTIVE CONTRACT
REFERENCES.
(a) Authority to Acquire Innovative Commercial Products and
Commercial Services Using General Solicitation Competitive Procedures.--
Section 3458(c)(2) of title 10, United States Code, is amended by
striking ``fixed-price incentive fee contracts'' and inserting ``fixed-
price incentive contracts''.
(b) Contractor Incentives to Achieve Savings and Improve Mission
Performance.--Section 832 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 1746 note) is amended by
striking ``fixed-price incentive fee contracts'' and inserting ``fixed-
price incentive contracts''.
SEC. 815. MODIFICATION OF REPORTING REQUIREMENT IN CONNECTION WITH
REQUESTS FOR MULTIYEAR PROCUREMENT
AUTHORITY FOR LARGE DEFENSE ACQUISITIONS.
Section 3501(i)(2) of title 10, United States Code, is amended--
(1) by striking ``shall include'' and all that follows
through ``(A) A report'' and inserting ``shall include in the
request a report''; and
(2) by striking subparagraph (B).
SEC. 816. MODIFICATION OF PROVISION RELATING TO DETERMINATION OF
CERTAIN ACTIVITIES WITH UNUSUALLY
HAZARDOUS RISKS.
Section 1684 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81) is amended--
(1) in subsection (a), <<NOTE: 135 Stat. 2123.>> by
striking ``2022 and 2023'' and inserting ``2022 through 2024'';
and
(2) in subsection (b), <<NOTE: 135 Stat. 2124.>> by
striking ``September 30, 2023'' and inserting ``September 30,
2024''.
SEC. 817. MODIFICATION TO PROHIBITION ON OPERATION OR PROCUREMENT
OF FOREIGN-MADE UNMANNED AIRCRAFT SYSTEMS.
(a) In General.--Section 848 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 4871 note) is
amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively;
(2) by inserting after subsection (a) the following new
subsection:
``(b) <<NOTE: Effective date. Determination.>> Prohibition on
Certain Contracts.--The Secretary of Defense may not enter into a
contract (or extend or renew a contract) on or after October 1, 2024,
with an entity that operates (as determined by the Secretary or the
Secretary's designee) equipment from a covered unmanned aircraft system
company in the performance of a Department of Defense contract.'';
(3) in subsection (c) (as so redesignated), by striking
``the restriction under subsection (a) if the operation or
procurement'' and inserting ``any restrictions under subsection
(a) or (b) if the operation, procurement, or contracting
action'';
(4) in subsection (d) (as so redesignated)--
[[Page 136 STAT. 2708]]
(A) by inserting ``(or the Secretary's designee)''
after ``The Secretary of Defense'';
(B) by striking ``the restriction'' and all that
follows through ``basis'' inserting ``any restrictions
under subsections (a) or (b)''; and
(C) by striking ``operation or procurement'' and
inserting ``operation, procurement, or contracting
action''; and
(5) <<NOTE: Definitions.>> in subsection (e) (as so
redesignated)--
(A) by amending paragraph (1) to read as follows:
``(1) Covered foreign country.--The term `covered foreign
country' means any of the following:
``(A) the People's Republic of China.
``(B) The Russian Federation.
``(C) The Islamic Republic of Iran.
``(D) The Democratic People's Republic of Korea.'';
and
(B) by adding at the end the following new
paragraph:
``(3) Covered unmanned aircraft system company.--The term
`covered unmanned aircraft system company' means any of the
following:
``(A) <<NOTE: Da-Jiang Innovations.>> Da-Jiang
Innovations (or any subsidiary or affiliate of Da-Jiang
Innovations).
``(B) Any entity that produces or provides unmanned
aircraft systems and is included on Consolidated
Screening List maintained by the International Trade
Administration of the Department of Commerce.
``(C) Any entity that produces or provides unmanned
aircraft systems and--
``(i) is domiciled in a covered foreign
country; or
``(ii) <<NOTE: Determination.>> is subject to
unmitigated foreign ownership, control or
influence by a covered foreign country, as
determined by the Secretary of Defense unmitigated
foreign ownership, control or influence in
accordance with the National Industrial Security
Program (or any successor to such program).''.
(b) <<NOTE: Deadline. 10 USC 4871 note.>> Policy Required.--Not
later than 180 days after the date of the enactment of this Act, the
Secretary of Defense shall issue policy to--
(1) implement the requirements of section 848 of the
National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92; 10 U.S.C. 4871 note), as amended by this section,
including by establishing a due diligence process for the
Department of Defense to make determinations required by
subsection (b) of such section 848 (as amended by this section);
and
(2) establish an appeal process for any offerors or awardees
with which the Secretary has not entered into a contract or has
not extended or renewed a contract pursuant to subsection (b) of
such section 848 (as amended by this section).
SEC. 818. EXTENSION OF PILOT PROGRAM TO ACCELERATE CONTRACTING AND
PRICING PROCESSES.
Section 890 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232), as most recently amended by
section 1831(j)(7) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-238; 134 Stat.
4217), <<NOTE: 10 USC note prec. 3701.>> is further amended--
[[Page 136 STAT. 2709]]
(1) in subsection (a)(2), by striking ``of'' before
``chapter 271''; and
(2) in subsection (c), by striking ``January 2, 2023'' and
inserting ``January 2, 2024''.
SEC. 819. EXTENSION OF PILOT PROGRAM FOR DISTRIBUTION SUPPORT AND
SERVICES FOR WEAPONS SYSTEMS CONTRACTORS.
Section 883 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 10 U.S.C. 4292 note prec.) is amended--
(1) in subsection (a), by striking ``six-year pilot
program'' and inserting ``seven-year pilot program''; and
(2) in subsection (g), by striking ``six years'' and
inserting ``seven years''.
SEC. 820. EXTENSION AND MODIFICATION OF NEVER CONTRACT WITH THE
ENEMY.
Subtitle E of title VIII of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year 2015 (Public
Law 113-291; 10 U.S.C. 4871 note prec.) is amended--
(1) in section 841--
(A) in subsection (i)(1)--
(i) in the matter preceding subparagraph (A),
by striking ``2016, 2017, and 2018'' and inserting
``2023, and annually thereafter''; and
(ii) by adding at the end the following new
subparagraphs:
``(C) Specific examples where the authorities under
this section can not be used to mitigate national
security threats posed by vendors supporting Department
operations because of the restriction on using such
authorities only with respect to contingency operations.
``(D) A description of the policies ensuring that
oversight of the use of the authorities in this section
is effectively carried out by a single office in the
Office of the Under Secretary of Defense for Acquisition
and Sustainment.''; and
(B) in subsection (n), by striking ``December 31,
2023'' and inserting ``December 31, 2025''; and
(2) in section 842(b)(1), by striking ``2016, 2017, and
2018'' and inserting ``2023, 2024, and 2025''.
SEC. 821. REPEAL OF REQUIREMENT FOR INSPECTOR GENERAL OF THE
DEPARTMENT OF DEFENSE TO CONDUCT CERTAIN
REVIEWS.
Section 847(b) of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 10 U.S.C. 1701 note) is amended--
(1) by striking ``Requirement.--'' and all that follows
through ``Each request'' and inserting ``Requirement.--Each
request''; and
(2) by striking paragraph (2).
SEC. 822. MODIFICATION OF CONTRACTS TO PROVIDE EXTRAORDINARY
RELIEF DUE TO INFLATION IMPACTS.
(a) Contract Modification Authority.--The first section of Public
Law 85-804 (50 U.S.C. 1431) is amended--
[[Page 136 STAT. 2710]]
(1) by striking ``That the President'' and inserting the
following:
``Section 1. (a) That the President'';
(2) by striking ``an amount in excess of $50,000'' and
inserting ``an amount in excess of $500,000'';
(3) by striking ``any amount in excess of $25,000,000'' and
inserting ``an amount in excess of $150,000,000''; and
(4) by inserting after subsection (a) (as added by paragraph
(1)) the following new subsections:
``(b) Temporary Authority to Modify Certain Contracts and Options
Based on the Impacts of Inflation.--Only amounts specifically provided
by an appropriations Act for the purposes detailed in subsections (c)
and (d) of this section may be used by the Secretary of Defense to carry
out such subsections.
``(c)(1) The Secretary of Defense, acting pursuant to a Presidential
authorization under subsection (a) and in accordance with subsection
(b)--
``(A) may, notwithstanding subsection (e) of section 2 of
this Act (50 U.S.C. 1432(e)), make an amendment or modification
to an eligible contract when, due solely to economic inflation,
the cost to a prime contractor of performing such eligible
contract is greater than the price of such eligible contract;
and
``(B) may not request consideration from such prime
contractor for such amendment or modification.
``(2) A prime contractor may submit to the Secretary of Defense a
request for an amendment or modification to an eligible contract
pursuant to subsection (a) when, due solely to economic inflation, the
cost to a covered subcontractor of performing an eligible subcontract is
greater than the price of such eligible subcontract.
Such <<NOTE: Certification.>> request shall include a certification
that the prime contractor--
``(A) will remit to such covered subcontractor the
difference, if any, between the original price of such eligible
contract and the price of such eligible contract if the
Secretary of Defense makes an amendment or modification pursuant
to subsection (a); and
``(B) will not require such covered subcontractor to pay
additional consideration or fees related to such amendment or
modification.
``(3) If a prime contractor does not make the request described in
paragraph (2), a covered subcontractor may submit to a contracting
officer of the Department of Defense a request for an amendment or
modification to an eligible subcontract when, due solely to economic
inflation, the cost to such covered subcontractor of performing such
eligible subcontract is greater than the price of such eligible
subcontract.
``(d) Any adjustment or modification made pursuant to subsection (c)
to an eligible contract or an eligible subcontract shall--
``(1) be contingent upon the continued performance, as
applicable, of such eligible contract or such eligible
subcontract; and
``(2) account only for the actual cost of performing such
eligible contract or such eligible subcontract, but may account
for indirect costs of performance, as the Secretary of Defense
determines appropriate.
[[Page 136 STAT. 2711]]
``(e) <<NOTE: Effective date. Time period.>> The authority under
subsections (c) and (d) shall be effective during the period beginning
on the date of the enactment of the National Defense Authorization Act
for Fiscal Year 2023 and ending on December 31, 2023.
``(f) <<NOTE: Definitions.>> In this section:
``(1) The term `covered subcontractor' means a subcontractor
who has entered into an eligible subcontract with a prime
contractor.
``(2) The term `eligible contract' means a contract awarded
to a prime contractor by the Secretary of Defense pursuant to
subsection (a).
``(3) The term `eligible subcontract' means a subcontract
made under an eligible contract to a covered subcontractor.''.
(b) <<NOTE: Deadline. 50 USC 1431 note.>> Guidance.--Not later than
90 days after the date of the enactment of an Act providing
appropriations to carry out section 1 of Public Law 85-804 (50 U.S.C.
1431) (as added by subsection (a)), the Under Secretary of Defense for
Acquisition and Sustainment shall issue guidance implementing the
authority under subsections (b) through (d) of section 1 of Public Law
85-804 (50 U.S.C. 1431) (as added by subsection (a)).
Subtitle C--Provisions Relating to Acquisition Workforce
SEC. 831. KEY EXPERIENCES AND ENHANCED PAY AUTHORITY FOR
ACQUISITION WORKFORCE EXCELLENCE.
(a) Participation in the Public-private Talent Exchange Program.--
(1) In general.--Section 1701a(b) of title 10, United States
Code, is amended--
(A) in paragraph (9)(C), by striking ``and'' at the
end;
(B) in paragraph (10), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(11) ensure the participation in the public-private talent
exchange program established under section 1599g of this title
of up to 250 members of the acquisition workforce in each fiscal
year.''.
(2) Technical amendment.--Section 1701a(b)(2) of title 10,
United States Code, is further amended by striking ``as
defined'' and all that follows through ``this title'' and
inserting ``as defined in section 3001 of this title''.
(b) Enhanced Pay Authority for Positions in Department of Defense
Field Activities and Defense Agencies.--Section 1701b(e)(2) of title 10,
United States Code, is amended to read as follows:
``(2) Number of positions.--The authority in subsection (a)
may not be used at any one time with respect to--
``(A) more than five positions, in total, in
Department of Defense Field Activities and Defense
Agencies;
``(B) more than five positions in the Office of the
Secretary of Defense; and
``(C) more than five positions in each military
department.''.
[[Page 136 STAT. 2712]]
(c) Report on Public-private Talent Exchanges.--Section 1599g of
title 10, United States Code, is amended by adding at the end the
following new subsection:
``(k) <<NOTE: Evaluation.>> Report.--Each member of the acquisition
workforce that participates in the program established under this
section shall, upon completion of such participation, submit to the
President of the Defense Acquisition University for inclusion in the
report required under section 1746a(e) a description and evaluation of
such participation.''.
SEC. 832. DEFENSE ACQUISITION UNIVERSITY REFORMS.
(a) In General.--Section 1746 of title 10, United States Code, is
amended--
(1) in subsection (b)--
(A) by amending paragraph (2) to read as follows:
``(2) The Secretary of Defense shall ensure the defense acquisition
university structure includes relevant expert lecturers from extramural
institutions (as defined in section 1746a(g) of this title), industry,
or federally funded research and development centers to advance
acquisition workforce competence regarding commercial business
interests, acquisition process-related innovations, and other relevant
leading practices of the private sector.'';
(B) by striking paragraph (3); and
(C) by redesignating paragraphs (4) and (5) as
paragraphs (3) and (4), respectively;
(2) in subsection (c), by striking ``commercial training
providers'' and inserting ``extramural institutions (as defined
in section 1746a(g) of this title)''; and
(3) by adding at the end the following new subsection:
``(e) President Appointment.--(1) The Under Secretary of Defense for
Acquisition and Sustainment shall appoint the President of the Defense
Acquisition University.
``(2) <<NOTE: Determination.>> When determining who to appoint
under paragraph (1), the Under Secretary of Defense for Acquisition and
Sustainment shall, in consultation with the Under Secretary of Defense
for Research and Engineering and the service acquisition executives,
prioritize highly qualified candidates who demonstrate a combination of
the following:
``(A) Leadership abilities.
``(B) Experience using leading practices to develop talent
in the private sector.
``(C) Other qualifying factors, including experience with
and an understanding of the defense acquisition system (as
defined in section 3001 of this title), an understanding of
emerging technologies and the defense applications of such
technologies, experience partnering with States, national
associations, and academia, and experience with learning
technologies.
``(3) <<NOTE: Time period. Determination. Extension.>> The term of
the President of the Defense Acquisition University shall be not more
than five years, unless the Under Secretary of Defense for Acquisition
and Sustainment determines it necessary to extend the term for up to an
additional five years. The preceding sentence does not apply to the
President of the Defense Acquisition University serving on January 1,
2022.''.
(b) <<NOTE: Plan. Compliance. 10 USC 1746 note.>> Implementation
Report.--Not later than March 1, 2023, the Secretary of Defense shall
submit to the congressional defense committees a plan to modify the
defense acquisition university
[[Page 136 STAT. 2713]]
structure to comply with section 1746(b)(2) of title 10, United States
Code, as amended by subsection (a). <<NOTE: Deadline.>> Such plan shall
establish a date of not later than March 1, 2026, for such modification
to be completed.
SEC. 833. MODIFICATIONS TO DEFENSE CIVILIAN TRAINING CORPS.
Section 2200g of title 10, United States Code, is amended--
(1) by striking ``For the purposes of'' and all that follows
through ``establish and maintain'' and inserting the following:
``The Secretary of Defense, acting through the Under Secretary
for Defense for Acquisition and Sustainment, shall establish and
maintain'';
(2) by designating the text of such section, as amended by
paragraph (1), as subsection (a); and
(3) by adding at the end the following new subsections:
``(b) Purpose.--The purpose of the Defense Civilian Training Corps
is to target critical skills gaps necessary to achieve the objectives of
the national defense strategies required by section 113(g) of this title
and the national security strategies required by section 108 of the
National Security Act of 1947 (50 U.S.C. 3043) by preparing students
selected for the Defense Civilian Training Corps for Department of
Defense careers relating to acquisition, digital technologies, critical
technologies, science, engineering, finance, and other civilian
occupations determined by the Secretary of Defense.
``(c) Use of Resources and Programs.--The Under Secretary of Defense
for Acquisition and Sustainment may leverage the resources and programs
of the acquisition research organization within a civilian college or
university that is described under section 4142(a) of this title
(commonly referred to as the `Acquisition Innovation Research Center')
to carry out the requirements of this chapter.''.
SEC. 834. <<NOTE: 10 USC 1701 note.>> ACQUISITION WORKFORCE
INCENTIVES RELATING TO TRAINING ON, AND
AGREEMENTS WITH, CERTAIN START-UP
BUSINESSES.
(a) Training.--
(1) <<NOTE: Deadline. Recommenda- tions.>> Curricula.--Not
later than one year after the date of the enactment of this Act,
the Director of the Acquisition Innovation Research Center shall
make recommendations on one or more curricula for members of the
acquisition workforce on financing and operations of start-up
businesses, which may include the development of new curricula,
the modification of existing curricula, or the adoption of
curricula from another agency, academia, or the private sector.
(2) Elements.--Courses under curricula recommended under
paragraph (1) shall be offered with varying course lengths and
level of study.
(3) Incentives.--The Secretary of Defense shall develop a
program to offer incentives to a member of the acquisition
workforce that completes a curriculum developed, modified, or
adopted under paragraph (1).
(4) Additional training materials.--In recommending
curricula under paragraph (1), the Director of the Acquisition
Innovation Research Center shall consider and incorporate
appropriate training materials from university, college, trade-
school, or private-sector curricula in business, law, or public
policy.
[[Page 136 STAT. 2714]]
(b) Exchanges.--
(1) In general.--The Secretary of Defense shall establish a
pilot program under which the Secretary shall, in accordance
with section 1599g of title 10, United States Code, arrange for
the temporary assignment of--
(A) one or more members of the acquisition workforce
to a start-up business; or
(B) an employee of a start-up business to an office
of the Department of Defense.
(2) Priority.--The Secretary shall prioritize for
participation in the pilot program described under paragraph
(1)(A) members of the acquisition workforce who have completed a
curriculum required under paragraph (1).
(3) Termination.--The Secretary may not carry out the pilot
program authorized by this subsection after the date that is
three years after the date of the enactment of this Act.
(c) Conferences.--The Secretary of Defense shall identify existing
conferences sponsored by the Department of Defense that might be
expanded to include opportunities for sharing knowledge and best
practices on software acquisition issues. Such opportunities shall
maximize participation between members of the acquisition workforce,
employees of start-up businesses, and investors in start-up businesses.
(d) Pilot Program.--
(1) <<NOTE: Deadline.>> Establishment.--Not later than 18
months after the date of the enactment of this Act, the
Secretary of Defense shall establish a pilot program to test the
feasibility of innovative approaches to negotiating and
establishing intellectual property and data rights in agreements
with start-up businesses for the procurement of software and
software-embedded systems.
(2) Authority.--To the maximum extent practicable, the
Secretary shall--
(A) ensure that a member of the acquisition
workforce who has completed a curriculum required under
subsection (a) is able to exercise authority to apply an
approach described in paragraph (1); and
(B) provide incentives to such member to exercise
such authority.
(3) Elements.--An approach described in paragraph (1) shall
include the following:
(A) Flexible and tailored requirements relating to
the acquisition and licensing of intellectual property
and data rights in the software and software-embedded
systems to be acquired under the agreement.
(B) An identification and definition of the
technical interoperability standards required for such
software and software-embedded systems.
(C) Flexible mechanisms for access and delivery of
code for such software, including documentation of the
costs and benefits of each such mechanism.
(4) Termination.--The Secretary may not carry out the pilot
program authorized by this subsection after the date that is 5
years after the date of the enactment of this Act.
(e) Definitions.--In this section:
(1) The term ``Acquisition Innovation Research Center''
means the acquisition research organization within a civilian
[[Page 136 STAT. 2715]]
college or university that is described under section 4142(a) of
title 10, United States Code.
(2) The term ``acquisition workforce'' has the meaning given
in section 101 of title 10, United States Code.
(3) The term ``start-up business'' means a small business
that has been in existence for 5 years or less.
SEC. 835. <<NOTE: 10 USC 1746 note.>> CURRICULA ON SOFTWARE
ACQUISITIONS AND CYBERSECURITY SOFTWARE OR
HARDWARE ACQUISITIONS FOR COVERED
INDIVIDUALS.
(a) Curricula.--The President of the Defense Acquisition University,
shall supplement existing training curricula related to software
acquisitions and cybersecurity software or hardware acquisitions and
offer such curricula to covered individuals to increase digital literacy
related to such acquisitions by developing the ability of such covered
individuals to use technology to identify, critically evaluate, and
synthesize data and information related to such acquisitions.
(b) Elements.--Curricula developed pursuant to subsection (a) shall
provide information on--
(1) cybersecurity, information technology systems, computer
networks, cloud computing, artificial intelligence, machine
learning, distributed ledger technologies, and quantum
technologies;
(2) cybersecurity threats and capabilities;
(3) activities that encompass the full range of threat
reduction, vulnerability reduction, deterrence, incident
response, resiliency, and recovery policies and activities,
including activities relating to computer network operations,
information assurance, military missions, and intelligence
missions to the extent such activities relate to the security
and stability of cyberspace; and
(4) the industry best practices relating to software
acquisitions and cybersecurity software or hardware
acquisitions.
(c) <<NOTE: Deadline.>> Plan.--Not later than 180 days after
enactment of this Act, the Secretary of Defense, in consultation with
the President of the Defense Acquisition University, shall submit to
Congress a comprehensive plan to implement the curricula developed under
subsection (a) that includes a comparison with similar existing training
curricula. <<NOTE: List.>> Such plan shall include a list of resources
required for and costs associated with such implementation, including--
(1) curriculum development;
(2) hiring instructors to teach the curriculum;
(3) facilities; or
(4) website development.
(d) <<NOTE: Deadline.>> Implementation.--Not later than one year
after the date on which the plan described in subsection (d) is
submitted to the Committees on Armed Services of the Senate and House of
Representatives, the President of the Defense Acquisition University
shall offer the curricula developed under subsection (a) to covered
individuals.
(e) <<NOTE: Assessment.>> Report.--Not later than one year after
the date on which the plan described in subsection (d) is submitted to
the Committees on Armed Services of the Senate and House of
Representatives, the Secretary of Defense, in consultation with the
President of the Defense Acquisition University, shall submit to
Congress a
[[Page 136 STAT. 2716]]
report assessing the costs and benefits of requiring all covered
individuals to complete the curricula developed under subsection (a).
(f) Covered Individuals Defined.--In this section, the term
``covered individuals'' means an individual serving in a position
designated under section 1721(b) of title 10, United States Code, who is
regularly consulted for software acquisitions or cybersecurity software
or hardware acquisitions.
SEC. 836. <<NOTE: 10 USC 4811 note.>> DEPARTMENT OF DEFENSE
NATIONAL IMPERATIVE FOR INDUSTRIAL SKILLS
PROGRAM.
(a) In General.--The Secretary of Defense, acting through the
Industrial Base Analysis and Sustainment program of the Department of
Defense, shall evaluate and further develop workforce development
training programs (as defined by the Secretary of Defense) for training
the skilled industrial workers (as defined by the Secretary of Defense)
that are needed in the defense industrial base through the National
Imperative for Industrial Skills program of the Department of Defense
(or a successor program).
(b) Priorities.--In carrying out this section, the Secretary shall
prioritize workforce development training programs that--
(1) are innovative, lab-based, or experientially-based;
(2) rapidly train skilled industrial workers for employment
with entities in the defense industrial base faster than
traditional workforce development training programs and at the
scale needed to measurably reduce, as rapidly as possible, the
shortages of skilled industrial workers in the defense
industrial base, including modernization of required equipment
and training curricula;
(3) recruit skilled industrial workers who are manufacturing
workers from underrepresented communities;
(4) provide students and skilled industrial workers with the
support needed to successfully participate in the defense
industrial base;
(5) address the specific manufacturing requirements and
skills that are unique to critical industrial sectors of the
defense industrial base as defined by the Secretary of Defense,
such as naval shipbuilding; and
(6) with respect to Federal workforce development training
programs in existence on or before the date of the enactment of
this Act--
(A) maximize the use of such Federal workforce
development training programs; or
(B) expand on the activities of such Federal
workforce development training programs.
Subtitle D--Provisions Relating to Software and Technology
SEC. 841. GUIDELINES AND RESOURCES ON THE ACQUISITION OR LICENSING
OF INTELLECTUAL PROPERTY.
Section 3791 of title 10, United States Code, is amended--
(1) in the section heading, by striking ``department of
defense'' and inserting ``Department of Defense''; and
(2) by adding at the end the following new subsection:
[[Page 136 STAT. 2717]]
``(c) Guidelines and Resources.--
``(1) In general.--The Secretary of Defense, acting through
the Under Secretary of Defense for Acquisition and Sustainment,
shall develop guidelines and resources on the acquisition or
licensing of intellectual property, including--
``(A) intellectual property strategies and other
mechanisms supporting the use of modular open system
approaches (as defined in section 4401(b) of this
title);
``(B) evaluation and negotiation of intellectual
property licenses in competitive and non-competitive
awards;
``(C) models and best practices for specially
negotiated licenses, including specially negotiated
licenses described in section 3774(c) of this title; and
``(D) definitions, key terms, examples, and case
studies that clarify differences between--
``(i) detailed manufacturing and process data;
``(ii) form, fit, and function data;
``(iii) data required for operations,
maintenance, installation, and training;
``(iv) modular system interfaces (as defined
in section 4401(b) of this title); and
``(v) technical data pertaining to an
interface between an item or process and other
items or processes necessary for the segregation
of an item or process from, or the reintegration
of that item or process (or a functionally
equivalent item or process) with, other items or
processes.
``(2) Guidelines and resources limit.--The guidelines and
resources developed under paragraph (1) may not alter or affect
any authority or duty under this section or section 1707 of this
title.
``(3) Review and consultation.--In developing the guidelines
and resources described in paragraph (1), the Secretary shall--
``(A) review the applicable statutory and regulatory
history, including among the definitions and key terms
in section 3771 of this title, to ensure consistency;
and
``(B) regularly consult with appropriate government
and industry persons and organizations.
``(4) Training.--The Secretary of Defense shall ensure that
the acquisition workforce receives training on the guidelines
and resources developed under paragraph (1).''.
SEC. 842. MODIFICATION OF AUTHORITY OF THE DEPARTMENT OF DEFENSE
TO CARRY OUT CERTAIN PROTOTYPE PROJECTS.
Section 4022 of title 10, United States Code, is amended--
(1) in subsection (a)(2)--
(A) by striking ``, and any follow-on production
contract or transaction that is awarded pursuant to
subsection (f),'' both places it appears;
(B) in subparagraph (A)(ii), by striking ``; and''
and inserting a semicolon;
(C) in subparagraph (B)(ii), by striking the period
at the end and inserting ``; and''; and
(D) by adding at the end the following new
subparagraph:
[[Page 136 STAT. 2718]]
``(C) may be exercised for a transaction for a follow-on
production contract or transaction that is awarded pursuant to
subsection (f) and expected to cost the Department of Defense in
excess of $100,000,000 (including all options) only if a covered
official--
``(i) <<NOTE: Determination.>> determines in
writing that--
``(I) <<NOTE: Requirements.>> the
requirements of subsection (d) will be met; and
``(II) the use of the authority of this
section is essential to meet critical national
security objectives; and
``(ii) <<NOTE: Notification.>> notifies the
congressional defense committees in writing of the
determinations required under clause (i) at the time
such authority is exercised.'';
(2) in subsection (e)--
(A) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (4), respectively;
(B) <<NOTE: Definitions.>> by inserting before
paragraph (2), as redesignated by subparagraph (A), the
following new paragraph:
``(1) The term `covered official' means--
``(A) a service acquisition executive;
``(B) the Director of the Defense Advanced Research
Projects Agency;
``(C) the Director of the Missile Defense Agency;
``(D) the Undersecretary of Defense for Acquisition
and Sustainment; or
``(E) the Undersecretary of Defense for Research and
Engineering.''; and
(C) by inserting after paragraph (2), as so
redesignated, the following new paragraph:
``(3) The term `service acquisition executive' has the
meaning given that term in section 101(a) of this title.''; and
(3) in subsection (f)(2), in the matter preceding
subparagraph (A), by striking ``of section 2304 of this title,''
and inserting the following: ``of chapter 221 of this title and
even if explicit notification was not listed within the request
for proposal for the transaction''.
SEC. 843. OTHER TRANSACTION AUTHORITY CLARIFICATION.
Section 4022 of title 10, United States Code, as amended by section
842, is further amended--
(1) in subsection (a)(1), by striking ``military personnel
and the supporting'' and inserting ``personnel of the Department
of Defense or improving'';
(2) <<NOTE: Definition.>> in subsection (e), by adding at
the end the following new paragraph:
``(5) The term `prototype project' includes a project that
addresses--
``(A) a proof of concept, model, or process,
including a business process;
``(B) reverse engineering to address obsolescence;
``(C) a pilot or novel application of commercial
technologies for defense purposes;
``(D) agile development activity;
``(E) the creation, design, development, or
demonstration of operational utility; or
[[Page 136 STAT. 2719]]
``(F) any combination of subparagraphs (A) through
(E).''; and
(3) by adding at the end the following new subsection:
``(i) Pilot Authority for Use of Other Transactions for Installation
or Facility Prototyping.--
``(1) In general.--The Secretary of Defense or the Secretary
of a military department may establish a pilot program under
which the Secretary may, under the authority of this section,
carry out prototype projects that are directly relevant to
enhancing the ability of the Department of Defense to prototype
the design, development, or demonstration of new construction
techniques or technologies to improve military installations or
facilities (as such terms are defined in section 2801 of this
title).
``(2) Limits.--In carrying out prototype projects under the
pilot program established under paragraph (1)--
``(A) not more than two prototype projects may begin
to be carried out per fiscal year under such pilot
program; and
``(B) the aggregate value of all transactions
entered into under such pilot program may not exceed
$200,000,000.
``(3) Sunset.--
``(A) In general.--Except as provided in
subparagraph (B), the authority to carry out prototype
projects under the pilot program established under
paragraph (1) shall terminate on September 30, 2025.
``(B) Ongoing project exception.--Subparagraph (A)
shall not apply with respect to prototype projects being
carried out under the pilot program established under
paragraph (1) on the date described in subparagraph
(A).''.
SEC. 844. PRIZES FOR ADVANCED TECHNOLOGY ACHIEVEMENTS.
Section 4025 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``that have'' and inserting ``that--
''
``(1) have'';
(B) by striking ``Defense.'' and inserting
``Defense; or''; and
(C) by adding at the end the following new
paragraph:
``(2) demonstrate management practices that improve the
schedule or performance, reduce the costs, or otherwise support
the transition of technology into acquisition programs or
operational use.'';
(2) in subsection (b), by striking ``of research results,
technology developments, and prototypes'';
(3) in subsection (d), by striking ``to acquire, support, or
stimulate basic, advanced and applied research, technology
development, or prototype projects'';
(4) in subsection (f), by striking ``section 2304'' and
inserting ``chapter 221''; and
(5) in subsection (g)(2)--
(A) by redesignating subparagraphs (B) and (C) as
subparagraphs (D) and (E), respectively; and
(B) <<NOTE: Summaries.>> by inserting after
subparagraph (A) the following new subparagraphs:
[[Page 136 STAT. 2720]]
``(B) if applicable, a summary of the management
practice that contributed to an improvement to schedule
or performance or a reduction in cost relating to the
transition of technology;
``(C) an identification of any program executive
officer (as defined in section 1737 of this title)
responsible for implementation or oversight of research
results, technology development, prototype development,
or management practices (as applicable) for which an
award was made under this section, and a brief summary
of lessons learned by such program executive officer in
carrying out such implementation or oversight;''.
SEC. 845. CONGRESSIONAL NOTIFICATION FOR PILOT PROGRAM TO
ACCELERATE THE PROCUREMENT AND FIELDING OF
INNOVATIVE TECHNOLOGIES.
Section 834 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1835; 10 U.S.C. 4061 note) is
amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection:
``(f) <<NOTE: Deadline.>> Congressional Notification.--The
Secretary of Defense shall notify the congressional defense committees
within 30 days after funding has been provided for a proposal selected
for an award under the pilot program established under this section.''.
SEC. 846. REPORT ON SOFTWARE DELIVERY TIMES.
(a) <<NOTE: Termination date. Time periods.>> Report.--Not later
than one year after the date of the enactment of this Act, and annually
thereafter until December 31, 2028, the Under Secretary of Defense for
Acquisition and Sustainment, in consultation with the Chief Information
Officer of the Department of Defense and the Chief Digital and
Artificial Intelligence Officer, shall submit to the congressional
defense committees a report on the following:
(1) A description of covered software delivered during the
fiscal year preceding the date of the report that is being
developed using iterative development, including a description
of the capabilities delivered for operational use.
(2) For such covered software not developed using iterative
development, an explanation for not using iterative development
and a description of the development method used.
(3) For such covered software being developed using
iterative development, the frequency with which capabilities of
such covered software were delivered, disaggregated as follows:
(A) Covered software for which capabilities were
delivered during period of less than three months.
(B) Covered software for which capabilities were
delivered during period of more than three months and
less than six months.
(C) Covered software for which capabilities were
delivered during period of more than six months and less
than nine months.
(D) Covered software for which capabilities were
delivered during period of more than nine months and
less than 12 months.
[[Page 136 STAT. 2721]]
(4) With respect to covered software described in paragraph
(3) for which capabilities of such covered software were not
delivered in fewer than 12 months, an explanation of why such
delivery was not possible.
(b) Definitions.--In this section:
(1) The term ``Chief Digital and Artificial Intelligence
Officer'' means--
(A) the official designated as the Chief Digital and
Artificial Intelligence Officer of the Department of
Defense pursuant to the memorandum of the Secretary of
Defense titled ``Establishment of the Chief Digital and
Artificial Intelligence Officer'' dated December 8,
2021; or
(B) if there is no official designated as such
Officer, the official within the Office of the Secretary
of Defense with primary responsibility for digital and
artificial intelligence matters.
(2) The term ``covered software'' means software that is
being developed that--
(A) was acquired using a software acquisition
pathway established under section 800 of the National
Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92); or
(B) is a covered defense business system, as defined
in section 2222(i) of title 10, United States Code.
(3) The term ``iterative development'' has the meaning given
the term ``agile or iterative development'' in section 891 of
the National Defense Authorization Act for Fiscal Year 2018
(Public Law 10 115-91; 131 Stat. 1509; 10 U.S.C. 1746 note).
Subtitle E--Industrial Base Matters
SEC. 851. MODIFICATION TO THE NATIONAL TECHNOLOGY AND INDUSTRIAL
BASE.
Section 4801(1) of title 10, United States Code, is amended by
inserting ``New Zealand,'' after ``Australia,''.
SEC. 852. MODIFICATION TO MISCELLANEOUS LIMITATIONS ON THE
PROCUREMENT OF GOODS OTHER THAN UNITED
STATES GOODS.
Section 4864 of title 10, United States Code, as amended by section
853, is further amended by adding at the end the following new
subsection:
``(l) Periodic Review.--
``(1) <<NOTE: Deadline.>> Recommendation.--Not later than
November 1, 2024, and every five years thereafter, the Under
Secretary of Defense for Acquisition and Sustainment shall
review each item described in subsections (a) and (e) of this
section and submit to the congressional defense committees, in
writing, one of the following recommendations:
``(A) Recommend continued inclusion of the item
under this section.
``(B) Recommend continued inclusion of the item
under this section with modifications.
``(C) Recommend discontinuing inclusion of the item
under this section.
[[Page 136 STAT. 2722]]
``(2) Elements.--Each review required under paragraph (1)
shall include, with respect to the five-year period preceding
the date of submission of the written determination related to
such a review, the following elements:
``(A) The criticality of the item reviewed to a
military unit's mission accomplishment or other national
security objectives.
``(B) The extent to which such item is fielded in
current programs of record.
``(C) The number of such items to be procured by
current programs of record.
``(D) The extent to which cost and pricing data for
such item has been deemed fair and reasonable.
``(3) Justification.--The written determination required
under paragraph (1) shall also include the findings of the
applicable review conducted under such paragraph and any key
justifications for the recommendation.''.
SEC. 853. REQUIREMENTS FOR THE PROCUREMENT OF CERTAIN COMPONENTS
FOR CERTAIN NAVAL VESSELS AND AUXILIARY
SHIPS.
(a) Requirement That Certain Auxiliary Ship Components Be
Manufactured in the National Technology and Industrial Base.--
(1) Technical amendment.--Section 4864 of title 10, United
States Code, is amended by redesignating subsection (l)
(relating to ``Implementation of auxiliary ship component
limitation'') as subsection (k).
(2) Components for auxiliary ships.--Paragraph (4) of
section 4864(a) of title 10, United States Code, is amended--
(A) in the subsection heading, by inserting ``and T-
ARC'' after ``T-AO 205''; and
(B) by inserting ``and T-ARC'' after ``T-AO 205''.
(b) <<NOTE: Deadline. 10 USC 4864 note.>> Regulations.--Not later
than June 1, 2023, the Secretary of Defense shall issue regulations for
carrying out section 4864(j) of title 10, United States Code.
SEC. 854. MODIFICATIONS TO THE PROCUREMENT TECHNICAL ASSISTANCE
PROGRAM.
(a) Administrative and Other Logistical Costs.--Section 4961 of
title 10, United States Code, is amended--
(1) in the matter preceding paragraph (1), by striking
``Director of the Defense Logistics Agency'' and inserting
``Secretary'';
(2) in paragraph (1), by striking ``three'' and inserting
``four''; and
(3) in paragraph (2)--
(A) in the matter preceding subparagraph (A) by
striking ``Director'' and inserting ``Secretary''; and
(B) in subparagraph (A), by inserting ``, including
meetings of an association recognized under section
4954(f),'' after ``meetings''.
(b) Cooperative Agreements.--Section 4954 of title 10, United States
Code, is amended by adding at the end the following new subsections:
``(f) Association Recognition and Duties.--Eligible entities that
provide procurement technical assistance pursuant to this chapter may
form an association to pursue matters of common
[[Page 136 STAT. 2723]]
concern. If more than a majority of such eligible entities are members
of such an association, the Secretary shall--
``(1) recognize the existence and activities of such an
association; and
``(2) jointly develop with such association a model
cooperative agreement that may be used at the option of the
Secretary and an eligible entity.''.
(c) <<NOTE: Consultation.>> Regulations.--Section 4953 of title 10,
United States Code, is amended by inserting ``, and shall consult with
an association recognized under section 4954(f) regarding any revisions
to such regulations'' before the period at the end.
(d) Funding.--Section 4955(a)(1) of title 10, United States Code, is
amended by striking ``$1,000,000'' and inserting ``$1,500,000''.
SEC. 855. <<NOTE: China>> CODIFICATION OF PROHIBITION ON CERTAIN
PROCUREMENTS FROM THE XINJIANG UYGHUR
AUTONOMOUS REGION.
(a) Repeal.--Section 848 of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 4651 note prec.) is
repealed.
(b) Prohibition on Certain Procurements From the Xinjiang Uyghur
Autonomous Region.--Chapter 363 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 4661. <<NOTE: 10 USC 4661.>> Prohibition on certain
procurements from the Xinjiang Uyghur Autonomous
Region
``(a) Prohibition on the Availability of Funds for Certain
Procurements From XUAR.--None of the funds authorized to be appropriated
by a national defense authorization Act or any other Act, or otherwise
made available for any fiscal year for the Department of Defense, may be
obligated or expended to knowingly procure any products mined, produced,
or manufactured wholly or in part by forced labor from XUAR or from an
entity that has used labor from within or transferred from XUAR as part
of a `poverty alleviation' or `pairing assistance' program.
``(b) Definitions.--In this section, the terms `forced labor' and
`XUAR' have the meanings given, respectively, in section 2496 of this
title.''.
(c) Clerical Amendment.--The table of contents for such
chapter <<NOTE: 10 USC prec. 4651.>> is amended by adding at the end
the following new item:
``4661. Prohibition on certain procurements from the Xinjiang Uyghur
Autonomous Region.''.
(d) <<NOTE: Deadline. 10 USC 4661 note.>> Policy Required.--Not
later than 180 days after the date of the enactment of this Act, the
Secretary of Defense shall issue a policy to require that an offeror or
awardee of a Department of Defense contract shall make a good faith
effort to determine that forced labor from XUAR, as described in section
4661 of title 10, United States Code (as amended by subsection (b)),
will not be used in the performance of such contract.
SEC. 856. CODIFICATION OF THE DEPARTMENT OF DEFENSE MENTOR-PROTEGE
PROGRAM.
(a) <<NOTE: 10 USC 4902.>> In General.--Section 831 of the National
Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 4901 note
prec.) is transferred to subchapter I of chapter 387 of title 10, United
[[Page 136 STAT. 2724]]
States Code, inserted after section 4901, and redesignated as section
4902.
(b) Amendments.--Section 4902 of title 10, United States Code, as so
transferred and redesignated, is amended--
(1) in the section heading, by striking ``mentor-protege
pilot'' and inserting ``department of defense mentor-protege'';
(2) in the heading for subsection (a), by striking
``Pilot'';
(3) in subsections (a) and (c), by striking ``pilot'' each
place it appears;
(4) in subsection (d)(1)(B)(iii)--
(A) in subclause (I), by striking ``$100,000,000''
and inserting ``$25,000,000''; and
(B) in subclause (II), by striking ``subsection
(k)'' and inserting ``subsection (j)'';
(5) in subsection (e)(2), by striking ``two years'' each
place it appears and inserting ``three years'';
(6) in subsection (f)--
(A) in paragraph (1)(B), by inserting
``manufacturing, test and evaluation,'' after
``inventory control,''; and
(B) in paragraph (6)(B), by striking ``pursuant to''
and all that follows through the semicolon at the end
and inserting ``pursuant to chapter 388 of this
title;'';
(7) in subsection (g)(3)(C), by striking ``subsection (k)''
and inserting ``subsection (j)'';
(8) by striking subsections (j) and (n);
(9) by redesignating subsections (k) through (m) as
subsections (j) through (l), respectively;
(10) by redesignating subsection (o) as subsection (n);
(11) in subsection (j), as so redesignated--
(A) by striking ``pilot'' each place it appears;
(B) by striking ``by which mentor firms'' and
inserting ``by which the parties''; and
(C) by striking ``The Secretary shall publish'' and
all that follows through ``270 days after the date of
the enactment of this Act.'';
(12) in paragraph (7)(B) of subsection (k), as so
redesignated, by striking ``pursuant to'' and all that follows
through ``; or'' and inserting ``pursuant to chapter 388 of this
title; or'';
(13) in subsection (l), as so redesignated, by striking
``subsection (l)'' and inserting ``subsection (k)'';
(14) by inserting after subsection (l), as so redesignated,
the following new subsection:
``(m) Annual Collection of Performance Data.--The Director of the
Office of Small Business Programs shall--
``(1) <<NOTE: Assessments.>> maintain outcome-based
performance goals and annually collect data through an automated
information system (if practicable) assessing such goals; and
``(2) <<NOTE: Review.>> conduct an independent review of
the Mentor-Protege Program established under this section at
least once every three years.''; and
(15) by amending subsection (n), as so redesignated, to read
as follows:
``(n) Definitions.--In this section:
``(1) The term `affiliation', with respect to a relationship
between a mentor firm and a protege firm, means a relationship
[[Page 136 STAT. 2725]]
described under section 121.103 of title 13, Code of Federal
Regulations (or any successor regulation).
``(2) The term `disadvantaged small business concern' means
a firm that is not more than the size standard corresponding to
its primary North American Industry Classification System code,
is not owned or managed by individuals or entities that directly
or indirectly have stock options or convertible securities in
the mentor firm, and is--
``(A) a small business concern owned and controlled
by socially and economically disadvantaged individuals;
``(B) a business entity owned and controlled by an
Indian tribe as defined by section 8(a)(13) of the Small
Business Act (15 U.S.C. 637(a)(13));
``(C) a business entity owned and controlled by a
Native Hawaiian Organization as defined by section
8(a)(15) of the Small Business Act (15 U.S.C.
637(a)(15));
``(D) a qualified organization employing severely
disabled individuals;
``(E) a small business concern owned and controlled
by women, as defined in section 8(d)(3)(D) of the Small
Business Act (15 U.S.C. 637(d)(3)(D));
``(F) a small business concern owned and controlled
by service-disabled veterans (as defined in section
8(d)(3) of the Small Business Act (15 U.S.C.
637(d)(3)));
``(G) a qualified HUBZone small business concern (as
defined in section 31(b) of the Small Business Act (15
U.S.C. 657a(b))); or
``(H) a small business concern that--
``(i) is a nontraditional defense contractor,
as such term is defined in section 3014 of this
title; or
``(ii) currently provides goods or services in
the private sector that are critical to enhancing
the capabilities of the defense supplier base and
fulfilling key Department of Defense needs.
``(3) The term `historically Black college and university'
means any of the historically Black colleges and universities
referred to in section 2323 of this title, as in effect on March
1, 2018.
``(4) The term `minority institution of higher education'
means an institution of higher education with a student body
that reflects the composition specified in section 312(b)(3),
(4), and (5) of the Higher Education Act of 1965 (20 U.S.C.
1058(b)(3), (4), and (5)).
``(5) The term `qualified organization employing the
severely disabled' means a business entity operated on a for-
profit or nonprofit basis that--
``(A) uses rehabilitative engineering to provide
employment opportunities for severely disabled
individuals and integrates severely disabled individuals
into its workforce;
``(B) employs severely disabled individuals at a
rate that averages not less than 20 percent of its total
workforce;
``(C) employs each severely disabled individual in
its workforce generally on the basis of 40 hours per
week; and
``(D) pays not less than the minimum wage prescribed
pursuant to section 6 of the Fair Labor Standards Act
[[Page 136 STAT. 2726]]
(29 U.S.C. 206) to those employees who are severely
disabled individuals.
``(6) The term `severely disabled individual' means an
individual who is blind (as defined in section 8501 of title 41)
or a severely disabled individual (as defined in such section).
``(7) The term `small business concern' has the meaning
given such term under section 3 of the Small Business Act (15
U.S.C. 632).
``(8) The term `small business concern owned and controlled
by socially and economically disadvantaged individuals' has the
meaning given such term in section 8(d)(3)(C) of the Small
Business Act (15 U.S.C. 637(d)(3)(C)).
``(9) The term `subcontracting participation goal', with
respect to a Department of Defense contract, means a goal for
the extent of the participation by disadvantaged small business
concerns in the subcontracts awarded under such contract, as
established pursuant to section 8(d) of the Small Business Act
(15 U.S.C. 637(d)).''.
(c) Clerical Amendment.--The table of sections for subchapter I of
chapter 387 of title 10, United States Code, <<NOTE: 10 USC prec.
4901.>> is amended by adding at the end the following new item:
``4902. Department of Defense Mentor-Protege Program.''.
(d) <<NOTE: 10 USC 4902 note.>> Protege Technical Reimbursement
Pilot Program.--
(1) <<NOTE: Deadline.>> In general.--Not later than July 1,
2023, the Director of the Office of Small Business Programs of
the Department of Defense (as appointed pursuant to section 144
of title 10, United States Code) shall establish a pilot program
under which a protege firm may receive up to 25 percent of the
reimbursement for which the mentor firm of such protege firm is
eligible under the Mentor-Protege Program for a covered activity
described in paragraph (2).
(2) Activity described.--A covered activity under this
paragraph is an engineering, software development, or
manufacturing customization that the protege firm implements in
order to ensure that a technology developed by the protege firm
will be ready for integration with a program or system of the
Department of Defense.
(3) Definitions.--In this subsection:
(A) The terms ``mentor firm'', ``protege firm'' have
the meanings given under section 4902 of title 10,
United States Code, as amended by this section.
(B) The term ``Mentor-Protege Program'' means the
Mentor-Protege Program established under section 4902 of
title 10, United States Code, as amended by this
section.
(4) Termination.--The pilot program established under
paragraph (1) shall terminate on the date that is five years
after the date on which the pilot program is established.
(e) Conforming Amendments.--
(1) Buy indian act.--Section 23(a)(2) of the Act of June 25,
1910 (commonly known as the ``Buy Indian Act'') (36 Stat. 861,
25 U.S.C. 47(a)(2)) is amended by striking ``section 831(c) of
the National Defense Authorization Act for Fiscal Year 1991 (10
U.S.C. 2302 note; Public Law 101-510)'' and inserting ``section
4902(c) of title 10, United States Code''.
(2) Small business act.--Section 8(d)(12) of the Small
Business Act (15 U.S.C. 637(d)(12)) is amended--
[[Page 136 STAT. 2727]]
(A) by striking ``the pilot Mentor-Protege Program
established pursuant to section 831 of the National
Defense Authorization Act for Fiscal Year 1991 (Public
Law 101-510; 10 U.S.C. 2301 note)'' and inserting ``the
Mentor-Protege Program established under section 4902 of
title 10, United States Code,''; and
(B) by striking ``subsection (g)'' and inserting
``subsection (f)''.
(f) <<NOTE: Deadline.>> Regulations.--Not later than December 31,
2023, the Secretary of Defense shall issue regulations for carrying out
section 4902 of title 10, United States Code, as amended by this
section.
(g) <<NOTE: 10 USC 4902 note.>> Agreements Under Pilot Program.--
The amendments made by this section shall not apply with respect to any
agreement entered into under the program as established under section
831 of the National Defense Authorization Act for Fiscal Year 1991
(Public Law 101-510; 104 Stat. 1607) before the date of the enactment of
this Act.
SEC. 857. PROCUREMENT REQUIREMENTS RELATING TO RARE EARTH ELEMENTS
AND STRATEGIC AND CRITICAL MATERIALS.
(a) <<NOTE: 10 USC 4811 note.>> Disclosures Concerning Rare Earth
Elements and Strategic and Critical Materials by Contractors of
Department of Defense.--
(1) <<NOTE: Effective date.>> Requirement.--Beginning on
the effective date of this subsection, the Secretary of Defense
shall--
(A) require that any contractor that provides to the
Department of Defense a system with a permanent magnet
that contains rare earth elements or strategic and
critical materials disclose, after undertaking a
commercially reasonable inquiry and along with delivery
of the system, the provenance of the magnet; and
(B) safeguard such disclosures in accordance with
applicable classification level required by the
associated programs.
(2) Elements.--A disclosure under paragraph (1) shall
include an identification of the country or countries in which--
(A) any rare earth elements and strategic and
critical materials used in the magnet were mined;
(B) such elements and minerals were refined into
oxides;
(C) such elements and minerals were made into metals
and alloys; and
(D) the magnet was sintered or bonded and
magnetized.
(3) Implementation of supply chain tracking system.--
If <<NOTE: Deadline.>> a contractor cannot make the disclosure
required by paragraph (1) with respect to a system described in
that paragraph, the Secretary shall require the contractor to
establish and implement a supply chain tracking system in order
to make the disclosure to the fullest extent possible not later
than 180 days after the contractor provides the system to the
Department of Defense. The tracking system shall--
(A) include a description of the efforts taken by
the contractor to date to make the disclosure required
by paragraph (1);
(B) take into account the possible refusal of
certain foreign entities to provide the contractor the
information
[[Page 136 STAT. 2728]]
necessary to make the disclosure required by paragraph
(1); and
(C) require the contractor to report to the
Secretary the name, location, and other identifying
information of any entities which refuse to provide the
contractor with the information necessary to make the
disclosure required by paragraph (1).
(4) Waivers.--
(A) <<NOTE: Time period. Certification.>> In
general.--The Secretary may waive a requirement under
paragraph (1) or (3) with respect to a system described
in paragraph (1) for a period of not more than 180 days
if the Secretary certifies to the Committees on Armed
Services of the Senate and the House of Representatives
that--
(i) the continued procurement of the system is
necessary to meet the demands of a national
emergency declared under section 201 of the
National Emergencies Act (50 U.S.C. 1621); or
(ii) a contractor that cannot currently make
the disclosure required by paragraph (1) is making
significant efforts to comply with the
requirements of that paragraph.
(B) <<NOTE: Certification.>> Waiver renewals.--The
Secretary may renew a waiver as many times as the
Secretary considers appropriate, provided that the
Secretary submits an updated certification to the
committees.
(C) Limitation.--The Secretary may not delegate this
waiver authority below the level of Assistant Secretary
of Defense, a senior acquisition executive (as defined
in section 101(a) of title 10, United States Code), or a
command acquisition executive (as described in section
167(e)(4)(C) of title 10, United States Code) or
equivalent.
(5) Briefing required.--
(A) <<NOTE: Deadline.>> In general.--Not later than
30 days after the submission of each report required by
subsection (c)(3), the Secretary of Defense shall
provide to the Committees on Armed Services of the
Senate and the House of Representatives a briefing that
includes--
(i) <<NOTE: Summary.>> a summary of the
disclosures made under this subsection;
(ii) <<NOTE: Assessment.>> an assessment of
the extent of reliance by the United States on
foreign countries, and especially countries that
are not allies of the United States, for rare
earth elements and strategic and critical
materials;
(iii) <<NOTE: Determination.>> a
determination with respect to which systems
described in paragraph (1) are of the greatest
concern for interruptions of supply chains with
respect to rare earth elements and strategic and
critical materials; and
(iv) any suggestions for legislation or
funding that would mitigate security gaps in such
supply chains.
(B) Form.--To the extent practicable, each briefing
required under subparagraph (A) shall be in an
unclassified form, but may contain a classified annex.
(6) Effective date.--The requirements described in this
subsection shall take effect--
[[Page 136 STAT. 2729]]
(A) not earlier than 30 months after the date of
enactment of this Act; and
(B) <<NOTE: Certification.>> after the Secretary of
Defense certifies to the Committees on Armed Services of
the Senate and the House of Representatives that the
Department has established a process to ensure that the
information collection requirements of this subsection
present no national security risks, or that any such
risks have been fully mitigated.
(b) Expansion of Restrictions on Procurement of Military and Dual-
use Technologies by Chinese Military Companies.--Section 1211 of the
National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-
163; 10 U.S.C. 4651 note prec.) is amended--
(1) in the section heading, by striking ``communist chinese
military companies'' and inserting ``chinese military
companies'';
(2) in subsection (a), by inserting after ``military
company'' the following: ``, any Chinese military company, any
Non-SDN Chinese military-industrial complex company, or any
other covered company'';
(3) by amending subsection (b) to read as follows:
``(b) Goods and Services Covered.--
``(1) In general.--For purposes of subsection (a), and
except as provided in paragraph (2), the goods and services
described in this subsection are goods and services--
``(A) on the munitions list of the International
Traffic in Arms Regulations; or
``(B) on the Commerce Control List that--
``(i) are classified in the 600 series; or
``(ii) contain strategic and critical
materials, rare earth elements, or energetic
materials used to manufacture missiles or
munitions.
``(2) Exceptions.--Goods and services described in this
subsection do not include goods or services procured--
``(A) in connection with a visit by a vessel or an
aircraft of the United States Armed Forces to the
People's Republic of China;
``(B) for testing purposes; or
``(C) for purposes of gathering intelligence.''; and
(4) <<NOTE: Definitions.>> in subsection (e)--
(A) by striking paragraph (3);
(B) by redesignating paragraphs (1) and (2) as
paragraphs (3) and (5), respectively;
(C) by inserting before paragraph (3), as
redesignated by subparagraph (B), the following:
``(1) The term `Chinese military company' has the meaning
given that term by section 1260H(d)(1) of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 10 U.S.C. 113 note).
``(2) The term `Commerce Control List' means the list
maintained by the Bureau of Industry and Security and set forth
in Supplement No. 1 to part 774 of the Export Administration
Regulations.'';
(D) by inserting after paragraph (3), as so
redesignated, the following:
[[Page 136 STAT. 2730]]
``(4) The term `Export Administration Regulations' has the
meaning given that term in section 1742 of the Export Control
Reform Act of 2018 (50 U.S.C. 4801).''; and
(E) by adding at the end the following:
``(6) The term `Non-SDN Chinese military-industrial complex
company' means any entity on the Non-SDN Chinese Military-
Industrial Complex Companies List--
``(A) established pursuant to Executive Order 13959
(50 U.S.C. 1701 note; relating to addressing the threat
from securities investments that finance Communist
Chinese military companies), as amended before, on, or
after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2023; and
``(B) maintained by the Office of Foreign Assets
Control of the Department of the Treasury.
``(7) The term `other covered company' means a company
that--
``(A) is owned or controlled by the government of
the People's Republic of China; and
``(B) <<NOTE: Certification.>> is certified by the
Secretary of Defense to the congressional defense
committees to be a company that must be covered by this
section for national security reasons.
``(8) The term `strategic and critical materials' means
materials designated as strategic and critical under section
3(a) of the Strategic and Critical Materials Stock Piling Act
(50 U.S.C. 98b(a)).''; and
(5) by adding at the end the following new subsection:
``(f) <<NOTE: Certification.>> Effective Date.--With respect to
goods and services described in clause (ii) of subparagraph (b)(1)(B),
the prohibition shall take effect 180 days after the date on which the
Secretary of Defense certifies to the congressional defense committees
that a sufficient number of commercially viable providers exist outside
of the People's Republic of China that collectively can provide the
Department of Defense with satisfactory quality and sufficient quantity
of such goods or services as and when needed at United States market
prices.''.
(c) Review of Compliance With Contracting Requirements.--
(1) <<NOTE: Deadline. Assessments.>> In general.--Not later
than one year after the date of the enactment of this Act, and
periodically thereafter until the termination date specified in
paragraph (5), the Comptroller General of the United States
shall assess the extent of the efforts of the Secretary of
Defense to comply with the requirements of--
(A) subsection (a);
(B) section 1211 of the National Defense
Authorization Act for Fiscal Year 2006, as amended by
subsection (b); and
(C) section 4872 of title 10, United States Code.
(2) Briefing required.--
(A) <<NOTE: Assessments.>> In general.--The
Comptroller General shall periodically, until the
termination date specified in paragraph (5), provide to
the Committees on Armed Services of the Senate and the
House of Representatives a briefing on the results of
the assessments conducted under paragraph (1) that
includes an assessment of--
[[Page 136 STAT. 2731]]
(i) the inclusion by the Department of Defense
of necessary contracting clauses in relevant
contracts to meet the requirements described in
subparagraphs (A), (B), and (C) of paragraph (1);
and
(ii) the efforts of the Department of Defense
to assess the compliance of contractors with such
clauses.
(B) Form.--To the extent practicable, each briefing
required under subparagraph (A) shall be in an
unclassified form, but may contain a classified annex.
(3) Report required.--
(A) <<NOTE: Time period.>> In general.--The
Comptroller General shall, not less frequently than
every 2 years until the termination date specified in
paragraph (5), submit to the Committees on Armed
Services of the Senate and the House of Representatives
a report on the results of the assessments conducted
under paragraph (1).
(B) Form.--To the extent practicable, each report
required under subparagraph (A) shall be in an
unclassified form, but may contain a classified annex.
(4) <<NOTE: Determination. Examination.>> Referral.--If, in
conducting an assessment under paragraph (1), the Comptroller
General determines that a contractor has willfully or recklessly
failed to comply with any of the requirements described in
subparagraphs (A), (B), and (C) of paragraph (1), the
Comptroller General may refer the matter, as appropriate, for
further examination and possible enforcement actions.
(5) Termination.--The requirements of this subsection shall
terminate on the date that is 5 years after the date of the
enactment of this Act.
(d) <<NOTE: 10 USC 4811 note.>> Strategic and Critical Materials
Defined.--In this section, the term ``strategic and critical materials''
means materials designated as strategic and critical under section 3(a)
of the Strategic and Critical Materials Stock Piling Act (50 U.S.C.
98b(a)).
SEC. 858. <<NOTE: 10 USC 4811 note.>> ANALYSES OF CERTAIN
ACTIVITIES FOR ACTION TO ADDRESS SOURCING
AND INDUSTRIAL CAPACITY.
(a) Analysis Required.--
(1) <<NOTE: Reviews. Determination.>> 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;
[[Page 136 STAT. 2732]]
(B) increasing investment through use of research
and development or procurement activities and
acquisition authorities to--
(i) expand production capacity;
(ii) diversify sources of supply; or
(iii) promote alternative approaches for
addressing military requirements;
(C) prohibiting procurement from selected sources or
nations;
(D) taking a combination of actions described under
subparagraphs (A), (B), and (C); or
(E) taking no action.
(2) Considerations.--The analyses conducted pursuant to
paragraph (1) shall consider national security, economic, and
treaty implications, as well as impacts on current and potential
suppliers of goods and services.
(b) Reporting on Analyses, Recommendations, and Actions.--
(1) Briefing required.--Not later than January 15, 2024, the
Secretary of Defense shall submit to the congressional defense
committees, in writing--
(A) <<NOTE: Summary.>> a summary of the findings of
the analyses undertaken for each item pursuant to
subsection (a);
(B) relevant recommendations resulting from the
analyses; and
(C) descriptions of specific activities undertaken
as a result of the analyses, including schedule and
resources allocated for any planned actions.
(2) Reporting.--The Secretary of Defense shall include the
analyses conducted under subsection (a), and any relevant
recommendations and descriptions of activities resulting from
such analyses, as appropriate, in each of the following during
the 2024 calendar year:
(A) The annual report or quarterly briefings to
Congress required under section 4814 of title 10, United
States Code.
(B) The annual report on unfunded priorities of the
national technology and industrial base required under
section 4815 of such title.
(C) <<NOTE: Guidance.>> 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) <<NOTE: Memorandums.>> Defense memoranda of
understanding and related agreements considered in
accordance with section 4851 of such title.
(F) Industrial base or acquisition policy changes.
(G) Legislative proposals for changes to relevant
statutes which the Department shall consider, develop,
and submit to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House
of Representatives not less frequently than once per
fiscal year.
(H) Other actions as the Secretary of Defense
determines appropriate.
[[Page 136 STAT. 2733]]
(c) List of Goods and Services for Analyses, Recommendations, and
Actions.--The items described in this subsection are the following:
(1) Solar components for satellites.
(2) Satellite ground station service contracts.
(3) Naval vessel shafts and propulsion system components
(including reduction gears and propellers).
(4) Infrastructure or equipment for a passenger boarding
bridge at a military airport designated by the Secretary of
Transportation under section 47118(a) of title 49, United States
Code.
(5) Flags of the United States.
(6) Natural rubber from herbaceous plants for military
applications.
(7) Alternative proteins as sustainable and secure food
sources.
(8) Carbon fiber.
SEC. 859. <<NOTE: 10 USC 4811 note.>> DEMONSTRATION EXERCISE OF
ENHANCED PLANNING FOR INDUSTRIAL
MOBILIZATION AND SUPPLY CHAIN MANAGEMENT.
(a) <<NOTE: Deadline.>> Demonstration Exercise Required.--Not later
than December 31, 2024, the Secretary of Defense shall conduct a
demonstration exercise of industrial mobilization and supply chain
management planning capabilities in support of one or more operational
or contingency plan use cases, as selected in consultation with the
Chairman of the Joint Chiefs of Staff and the Under Secretary of Defense
for Acquisition and Sustainment.
(b) Elements.--The demonstration exercise required under subsection
(a) shall include the following elements:
(1) Use of a current program that is both fielded and still
in production from each military department, Defense Agency, and
Department of Defense Field Activity in order to model a
notional plan for mobilization or supply chain management, as
associated with the selected operational or contingency plans.
(2) The exercise of processes and authorities that support
the Department of Defense for industrial mobilization in support
of declared hostilities or other contingency operations.
(3) The identification of process improvements or gaps in
resources, capabilities, or authorities that require
remediation, including those related to government or contractor
production facilities, tooling, or workforce development.
(4) The implementation of analytical tools and processes to
monitor and assess the health of the industrial base and to use
near real-time data and visualization capabilities in making
production and distribution decisions, with an emphasis on
identifying, assessing, and demonstrating commercially available
tools.
(5) The establishment and tracking of goals and metrics to
support institutionalization of defense industrial base health
assessment and planning.
(c) <<NOTE: Deadline.>> Briefing Required.--Not later than November
1, 2023, the Secretary shall provide to the congressional defense
committees an interim briefing on the demonstration exercise required
under subsection (a), including--
[[Page 136 STAT. 2734]]
(1) an identification of the programs and use cases to be
demonstrated;
(2) a description of methodology for executing the
demonstration exercise, including analytical tools or metrics
identified to support the process; and
(3) any preliminary findings.
(d) Assessment.--Not later than March 1, 2025, the Secretary shall
submit to the congressional defense committees a report assessing the
demonstration exercise required under subsection (a), including a
description of--
(1) the programs and use cases considered in this
demonstration exercise;
(2) the outcomes of the activities required under subsection
(b);
(3) outcomes and conclusions;
(4) lessons learned; and
(5) <<NOTE: Recommenda- tions.>> any recommendations for
legislative action that may be required as a result.
(e) Definitions.--In this section, the terms ``military
department'', ``Defense Agency'', and ``Defense Field Activity'' have
the meanings given those terms in section 101 of title 10, United States
Code.
SEC. 860. <<NOTE: 10 USC note prec. 3241.>> RISK MANAGEMENT FOR
DEPARTMENT OF DEFENSE PHARMACEUTICAL
SUPPLY CHAINS.
(a) Risk Management for All Department of Defense Pharmaceutical
Supply Chains.-- <<NOTE: Deadline.>> Not later than one year after the
date of the enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment shall--
(1) <<NOTE: Guidance.>> develop and issue implementing
guidance for risk management for Department of Defense supply
chains for pharmaceutical materiel for the Department;
(2) identify, in coordination with the Secretary of Health
and Human Services, supply chain information gaps regarding the
Department's reliance on foreign suppliers of drugs, including
active pharmaceutical ingredients and final drug products; and
(3) <<NOTE: Reports.>> submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
regarding--
(A) existing information streams, if any, that may
be used to assess the reliance by the Department of
Defense on high-risk foreign suppliers of drugs;
(B) vulnerabilities in the drug supply chains of the
Department of Defense; and
(C) <<NOTE: Recommenda- tions.>> any
recommendations to address--
(i) information gaps identified under
paragraph (2); and
(ii) any risks related to such reliance on
foreign suppliers.
(b) Risk Management for Department of Defense Pharmaceutical Supply
Chain.--The Director of the Defense Health Agency shall--
(1) <<NOTE: Deadline. Publication. Guidance.>> not later
than one year after the issuance of the guidance required under
subsection (a)(1), develop and publish implementing guidance for
risk management for the Department of Defense supply chain for
pharmaceuticals; and
(2) <<NOTE: Establishment.>> establish a working group--
[[Page 136 STAT. 2735]]
(A) <<NOTE: Assessment.>> to assess risks to the
Department's pharmaceutical supply chain;
(B) to identify the pharmaceuticals most critical to
beneficiary care at military treatment facilities; and
(C) <<NOTE: Policies.>> to establish policies for
allocating scarce pharmaceutical resources of the
Department of Defense in case of a supply disruption.
SEC. 861. STRATEGY FOR INCREASING COMPETITIVE OPPORTUNITIES FOR
CERTAIN CRITICAL TECHNOLOGIES.
(a) <<NOTE: Deadline.>> Strategy.--Not later than one year after
the date of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a comprehensive strategy
to--
(1) increase competitive opportunities available for
appropriate United States companies to transition critical
technologies into major weapon systems and other programs of
record; and
(2) enhance the integrity and diversity of the defense
industrial base.
(b) Elements.--The strategy required under subsection (a) shall
include the following:
(1) A description of methods to increase opportunities for
appropriate United States companies to develop end items of
critical technologies for major weapon systems, rapidly
prototype such end items, and conduct activities that would
support the transition of such end items into major weapon
systems and programs of record, including--
(A) continuous experimentation or military utility
assessments to improve such end items;
(B) <<NOTE: Evaluation.>> evaluation of how to
integrate existing commercial capabilities relating to
such end items of appropriate United States companies or
entities in the defense industrial base into major
weapon systems and programs of record in the Department
of Defense;
(C) efforts that improve the ability of appropriate
United States companies or entities in the defense
industrial base to maintain, afford, or manufacture
major weapon systems or components for such systems; and
(D) development of alternative supply sources for
components of a major weapon system to ensure the
availability of component parts and to support supply
chain diversity.
(2) Processes to improve coordination by the military
departments and other elements of the Department of Defense to
carry out the strategy required by this section.
(c) Definitions.--In this section:
(1) The term ``appropriate United States company'' means--
(A) a nontraditional defense contractor, as defined
in section 3014 of title 10, United States Code; or
(B) a prime contractor that has entered into a
cooperative agreement with a nontraditional defense
contractor with the express intent to pursue funding
authorized by sections 4021 and 4022 of title 10, United
States Code, in the development, testing, or prototyping
of critical technologies.
(2) The term ``major weapon system'' has the meaning given
in section 3455 of title 10, United States Code.
[[Page 136 STAT. 2736]]
(3) The term ``critical technology'' means a technology
identified as critical by the Secretary of Defense, which shall
include the following:
(A) Biotechnology.
(B) Quantum science technology.
(C) Advanced materials.
(D) Artificial intelligence and machine learning.
(E) Microelectronics.
(F) Space technology.
(G) Advanced computing and software.
(H) Hypersonics.
(I) Integrated sensing and cybersecurity.
(J) Autonomous systems.
(K) Unmanned systems.
(L) Advanced sensing systems.
(M) Advanced communications systems.
SEC. 862. <<NOTE: 10 USC 4811 note.>> KEY ADVANCED SYSTEM
DEVELOPMENT INDUSTRY DAYS.
(a) <<NOTE: Deadlines.>> In General.--Not later than March 1, 2023,
and every 180 days thereafter, the each Secretary of a military
department shall ensure that such military department conducts an
outreach event to--
(1) collaborate with the private sector on present current
and future opportunities with respect to key advanced system
development areas;
(2) raise awareness within the private sector of--
(A) key advanced system development areas; and
(B) capability needs and existing and potential
requirements related to the key advanced system
development areas; and
(3) raise awareness within such military department of
potential material solutions for capability needs and existing
and potential requirements related to key advanced system
development areas.
(b) Responsibilities.--
(1) Service chiefs.--For each event a military department
conducts under subsection (a), the Service Chief concerned
shall, for each key advanced system development area, perform
the following:
(A) Identify related and potentially related
existing, planned, or potential military requirements,
including urgent and emergent operational needs.
(B) Identify and describe related and potentially
related needs or gaps in the capabilities of the
military department to carry out the missions of the
military department, including warfighting and combat
support capabilities.
(C) Identify and describe related and potentially
related exercise, demonstration, or experimentation
opportunities.
(2) Acquisition executives.--For each event a military
department conducts under subsection (a), the service
acquisition executive of the military department conducting the
event shall, for each key advanced system development area,
perform the following:
[[Page 136 STAT. 2737]]
(A) Identify and describe related and potentially
related existing, planned, or potential acquisition
plans and strategies.
(B) Identify and describe related and potentially
related existing, planned, or potential funding
opportunities, including--
(i) broad agency announcements;
(ii) requests for information;
(iii) funding opportunity announcements;
(iv) special program announcements;
(v) requests for proposals;
(vi) requests for quotes;
(vii) special notices;
(viii) transactions pursuant to sections 4004,
4021, and 4022 of title 10, United States Code;
(ix) unsolicited proposals; and
(x) other funding opportunities as determined
appropriate by the service acquisition executive.
(3) Delegation.--Each Service Chief concerned and each
service acquisition executive may delegate the authority to
carry out the tasks for which such individuals are responsible
under this subsection.
(4) Reviews and coordination.--
(A) Industry day reviews.--Promptly after an event
conducted by a military department under subsection (a),
the service acquisition executive of such military
department shall--
(i) disseminate a written review of such event
as broadly as practicable within the Department of
Defense; and
(ii) <<NOTE: Public information. Web
posting.>> make such review publicly available on
a website of the military department.
(B) Consolidation.--The Secretary of Defense and the
Chairman of the Joint Chiefs of Staff shall,
periodically, jointly review and consolidate the reviews
required by subparagraph (A) to identify trends,
eliminate redundancy, and enhance efficiency with
respect to events conducted under subsection (a).
(c) <<NOTE: Public information.>> Form.--With respect to each event
conducted under subsection (a), the Secretary concerned shall seek to
maximize industry and government participation, while minimizing cost to
the maximum extent practicable, by--
(1) holding the event at an unclassified security level to
the extent practicable;
(2) making the event publicly accessible through
teleconference or other virtual means; and
(3) <<NOTE: Web posting.>> making supporting materials for
the event publicly available on a website.
(d) Definitions.--In this section:
(1) Military departments; secretary concerned; service
acquisition executive.--The terms ``military departments'',
``Secretary concerned'', and ``service acquisition executive''
have the meanings given such terms in section 101(a) of title
10, United States Code.
(2) Key advanced system development area.--The term ``key
advanced system development area'' means the following:
(A) For the Department of the Navy--
[[Page 136 STAT. 2738]]
(i) unmanned surface vessels;
(ii) unmanned underwater vessels;
(iii) unmanned deployable mobile ocean
systems;
(iv) unmanned deployable fixed ocean systems;
and
(v) autonomous unmanned aircraft systems.
(B) For the Department of the Air Force, autonomous
unmanned aircraft systems.
(C) For the Department of the Army, autonomous
unmanned aircraft systems.
(3) Service chief.--The term ``Service Chief concerned''
means--
(A) the Chief of Staff of the Army, with respect to
matters concerning the Department of the Army;
(B) the Chief of Naval Operations and the Commandant
of the Marine Corps, with respect to matters concerning
the Department of the Navy; and
(C) the Chief of Staff of the Air Force, with
respect to matters concerning the Department of the Air
Force.
Subtitle F--Small Business Matters
SEC. 871. CODIFICATION OF SMALL BUSINESS ADMINISTRATION SCORECARD.
(a) In General.--Subsection (b) of section 868 of the National
Defense Authorization Act for Fiscal Year 2016 (15 U.S.C. 644 note) is
transferred to section 15 of the Small Business Act (15 U.S.C. 644),
inserted after subsection (x), redesignated as subsection (y), and
amended--
(1) by striking paragraphs (1), (6), and (7);
(2) by redesignating paragraphs (2), (3), and (4) as
paragraphs (1), (2), and (3), respectively;
(3) by redesignating paragraph (8) as paragraph (6);
(4) in paragraph (1) (as so redesignated), by striking
``Beginning in'' and all that follows through ``to evaluate''
and inserting ``The Administrator shall use a scorecard to
annually evaluate'';
(5) in paragraph (2) (as so redesignated)--
(A) by striking ``the Federal agency'' each place it
appears and inserting ``a Federal agency or the Federal
Government, as applicable,'';
(B) in the matter preceding subparagraph (A)--
(i) by striking ``developed under paragraph
(1)''; and
(ii) by inserting ``and Governmentwide'' after
``each Federal agency''; and
(C) in subparagraph (A), by striking ``section
15(g)(1)(B) of the Small Business Act (15 U.S.C.
644(g)(1)(B))'' and inserting ``subsection (g)(1)(B)'';
(6) in paragraph (3) (as so redesignated)--
(A) in subparagraph (A), by striking ``paragraph
(3)(A)'' and inserting ``paragraph (2)(A)''; and
(B) in subparagraph (B), by striking ``paragraph
(3)'' and inserting ``paragraph (2)'';
(7) by inserting after paragraph (3) (as so redesignated)
the following new paragraph:
``(4) Additional requirements for scorecards.--The scorecard
shall include, for each Federal agency and
[[Page 136 STAT. 2739]]
Governmentwide, the following information with respect to prime
contracts:
``(A) The number (expressed as a percentage) and
total dollar amount of awards made to small business
concerns owned and controlled by women through sole
source contracts and competitions restricted to small
business concerns owned and controlled by women under
section 8(m).
``(B) The number (expressed as a percentage) and
total dollar amount of awards made to small business
concerns owned and controlled by qualified HUBZone small
business concerns through sole source contracts and
competitions restricted to qualified HUBZone small
business concerns under section 31(c)(2).
``(C) The number (expressed as a percentage) and
total dollar amount of awards made to small business
concerns owned and controlled by service-disabled
veterans through sole source contracts and competitions
restricted to small business concerns owned and
controlled by service-disabled veterans under section
36.
``(D) The number (expressed as a percentage) and
total dollar amount of awards made to socially and
economically disadvantaged small business concerns under
section 8(a) through sole source contracts and
competitions restricted to socially and economically
disadvantaged small business concerns, disaggregated by
awards made to such concerns that are owned and
controlled by individuals and awards made to such
concerns that are owned and controlled by an entity.'';
(8) in paragraph (5), by striking ``section 15(h)(2) of the
Small Business Act (15 U.S.C. 644(h)(2))'' and inserting
``subsection (h)(2)''; and
(9) by amending paragraph (6) (as so redesignated) to read
as follows:
``(6) Scorecard defined.--In this subsection, the term
`scorecard' means any summary using a rating system to evaluate
the efforts of a Federal agency to meet goals established under
subsection (g)(1)(B) that--
``(A) includes the measures described in paragraph
(2); and
``(B) assigns a score to each Federal agency
evaluated.''.
(b) Conforming Amendment.--Section 15(x)(2) of the Small Business
Act (15 U.S.C. 644(x)(2)) is amended by striking ``scorecard described
in section 868(b) of the National Defense Authorization Act for Fiscal
Year 2016 (15 U.S.C. 644 note)'' and inserting ``scorecard (as defined
in subsection (y))''.
SEC. 872. MODIFICATIONS TO THE SBIR AND STTR PROGRAMS.
(a) Correction to STTR Disclosure Requirements.--Section 9(g)(13)(D)
of the Small Business Act (15 U.S.C. 638(g)(13)(D)) is amended by
striking ``of concern''.
(b) <<NOTE: 15 USC 638 note.>> Due Diligence Program.--
(1) <<NOTE: Assessments.>> In general.--Until the date on
which the Under Secretary of Defense for Research and
Engineering makes the certification described in paragraph (2),
in carrying out the due diligence program required under
subsection (vv) of section 9 of the Small Business Act (15
U.S.C. 638), the Secretary of Defense and each Secretary of a
military department shall
[[Page 136 STAT. 2740]]
perform the assessments required under such due diligence
program--
(A) only with respect to small business concerns
selected by the applicable Secretary as the presumptive
recipient of an award described in such subsection (vv);
and
(B) prior to notifying the small business concern
that the small business concern has been selected to
receive such an award.
(2) <<NOTE: Effective date. Certification.>> Full
implementation.--On the date on which the Under Secretary of
Defense for Research and Engineering certifies to the Committees
on Armed Services of the Senate and the House of Representatives
that an automated capability for performing the assessments
required under the due diligence program required under
subsection (vv) of section 9 of the Small Business Act (15
U.S.C. 638) with respect to all small business concerns seeking
an award described in such subsection is operational, paragraph
(1) of this subsection shall sunset.
SEC. 873. ACCESS TO DATA ON BUNDLED OR CONSOLIDATED CONTRACTS.
(a) In General.--Section 15(p) of the Small Business Act (15 U.S.C.
644(p)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Bundled or consolidated contract defined.--In this
subsection, the term `bundled or consolidated contract' has the
meaning given in subsection (s).'';
(2) in paragraph (4)--
(A) in the paragraph heading, by striking ``contract
bundling'' and inserting ``bundled or consolidated
contracts'';
(B) in subparagraph (A), by striking ``contract
bundling'' and inserting ``bundled or consolidated
contracts'';
(C) in subparagraph (B)--
(i) in clause (i), by striking ``bundled
contracts'' and inserting ``bundled or
consolidated contracts''; and
(ii) in clause (ii)--
(I) in the matter preceding
subclause (I), by striking ``bundled
contracts'' and inserting ``bundled or
consolidated contracts'';
(II) in subclause (I), by striking
``were bundled'' and inserting ``were
included in bundled or consolidated
contracts''; and
(III) in subclause (II)--
(aa) in the matter preceding
item (aa), by striking ``bundled
contract'' and inserting
``bundled or consolidated
contract'';
(bb) in items (aa), (dd),
and (ee) by inserting ``or the
consolidation of contract
requirements (as applicable)''
after ``bundling of contract
requirements'' each place it
appears;
(cc) in item (bb), by
striking ``bundling the contract
requirements'' and inserting
``the bundling of contract
requirements or the
[[Page 136 STAT. 2741]]
consolidation of contract
requirements (as applicable)'';
(dd) in item (cc), by
striking ``the bundled status of
contract requirements'' and
inserting ``contract
requirements in a bundled or
consolidated contract''; and
(ee) in item (ee), by
striking ``consolidated
requirements'' and inserting
``contract''; and
(3) in paragraph (5)(B), by striking ``provide, upon
request'' and all that follows through the period at the end and
inserting the following: ``provide to the Administrator data and
information described in paragraphs (2) and (4).''.
(b) Technical Amendment.--Section 15(p)(2) of the Small Business Act
(15 U.S.C. 644(p)) is amended--
(1) by striking ``Database'' in the paragraph heading and
all that follows through ``Not later'' and inserting
``Database.--Not later''; and
(2) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B), respectively.
SEC. 874. <<NOTE: Deadlines. 10 USC 4901 note.>> SMALL BUSINESS
INTEGRATION WORKING GROUP.
(a) <<NOTE: Charter.>> In General.--Not later than 60 days after
the enactment of this Act, the Secretary of Defense shall issue a
charter to establish a small business integration working group that--
(1) ensures the integration and synchronization of the
activities of the military departments and other components of
the Department of Defense with respect to small business
concerns; and
(2) <<NOTE: Time period.>> convenes not fewer than four
times per year.
(b) Membership.--The small business integration working group
chartered under subsection (a) shall be comprised of representatives
from each of the following organizations:
(1) The small business office of each military department.
(2) The Small Business Innovation Research Program and the
Small Business Technology Transfer Program (as such terms are
defined in section 9(e) of the Small Business Act (15 U.S.C.
638(e))) of each military department.
(3) The office of the Under Secretary of Defense for
Acquisition and Sustainment.
(4) The office of the Under Secretary of Defense for
Research and Engineering.
(5) Any other office the Secretary of Defense determines
appropriate.
(c) Briefing Required.--Not later than March 1, 2023, the Secretary
of Defense shall brief the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of Representatives on the
establishment and activities of the small business integration working
group chartered under subsection (a), the policies enacted by the small
business integration working group to allow for the sharing of best
practices for maximizing the contributions of small business concerns in
the defense industrial base and in acquisitions by the Department of
Defense, and practices for conducting oversight of the activities of the
military departments and other components of the Department of Defense
with respect to small business concerns.
(d) Definitions.--In this section:
[[Page 136 STAT. 2742]]
(1) Military department.--The term ``military department''
has the meaning given such term in section 101(a) of title 10,
United States Code.
(2) Small business concern.--The term ``small business
concern'' has the meaning given such term under section 3 of the
Small Business Act (15 U.S.C. 632).
SEC. 875. <<NOTE: 10 USC 4901 note.>> DEMONSTRATION OF COMMERCIAL
DUE DILIGENCE FOR SMALL BUSINESS PROGRAMS.
(a) <<NOTE: Deadline.>> Demonstration Required.--Not later than
December 31, 2027, the Secretary of Defense shall establish a program to
carry out a demonstration of commercial due diligence tools, techniques,
and processes in order to support small businesses in identifying
attempts by malicious foreign actors to gain undue access to, or foreign
ownership, control, or influence over--
(1) the small business; or
(2) any technology a small business is developing pursuant
to a contract or other agreement with the Department of Defense.
(b) Elements.--The program required under subsection (a) shall
include the following:
(1) The identification of one or more entities to be
responsible for the commercial due diligence tools, techniques,
and processes that are part of a demonstration under the program
and a description of the interactions required between such
entity, small businesses, and the government agencies that
enforce such tools, techniques, and processes.
(2) <<NOTE: Assessment.>> An assessment of commercial due
diligence tools, techniques, and processes already in use by
each Office of Small Business Programs.
(3) The development of methods to analyze the commercial due
diligence tools, techniques, and processes that are part of a
demonstration under the program to--
(A) monitor and assess attempts described in
subsection (a);
(B) provide information on such attempts to
applicable small businesses; and
(C) allow small businesses that are subject to such
attempts to provide information about such attempts to
the Secretary of Defense.
(4) The development of training and resources for small
businesses that can be shared directly with such businesses or
through a procurement technical assistance program established
under chapter 388 of title 10, United States Code.
(5) The implementation of performance measures to assess the
effectiveness of such program.
(c) <<NOTE: Deadline.>> Briefing Required.--Not later than April 1,
2023, the Secretary of Defense shall provide to the congressional
defense committees an interim briefing on the program required under
subsection (a) that includes the following:
(1) An identification of any entity described in subsection
(b)(1).
(2) A description of the methodology for executing any
demonstrations under the program, including any analytical tools
or metrics identified to support such a demonstration.
(3) A description of any identified instances of attempts
described in subsection (a).
[[Page 136 STAT. 2743]]
(4) An identification of improvements or gaps in resources,
capabilities, or authorities, and other lessons learned from any
demonstrations under the program.
(d) <<NOTE: Reports. Recommenda- tions.>> Assessment.--Not later
than March 1, 2028, the Secretary shall submit to the congressional
defense committees a report on the program required under subsection
(a), including any identified instances of attempts described in such
subsection, any lessons learned, and any recommendations for legislative
action related to such program.
(e) Definitions.--In this section:
(1) The term ``foreign ownership, control, or influence''
has the meaning given in section 847 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 1505; 10 U.S.C. 4819 note).
(2) The term ``Office of Small Business Programs'' means--
(A) the Office of Small Business Programs of the
Department of Defense established under section 144 of
title 10, United States Code;
(B) the Office of Small Business Programs of the
Department of the Army established under section 7024 of
such title;
(C) the Office of Small Business Programs of the
Department of the Navy established under section 8028 of
such title; and
(D) the Office of Small Business Programs of the
Department of the Air Force established under section
9024 of such title.
SEC. 876. DEVELOPMENT AND ASSESSMENT OF MISSION EFFECTIVENESS
METRICS.
(a) <<NOTE: Study. Data. Evaluation.>> In General.--The Secretary
of Defense, in coordination with the service acquisition executives (as
defined in section 101(a) of title 10, United States Code), shall
conduct a study on the metrics necessary to assess the effectiveness of
the SBIR and STTR programs of the Department of Defense in meeting the
mission needs of the Department, including by developing metrics and
collecting and assessing longitudinal data necessary for evaluation of
those metrics.
(b) Elements.--The study required under subsection (a) shall include
the following:
(1) An assessment of the measurable ways in which the SBIR
and STTR programs of the Department of Defense support the
mission needs of the Department.
(2) The development of recurring, quantifiable metrics for
measuring the ability of the SBIR and STTR programs of the
Department to deliver products and services that meet the
mission needs of the Department.
(3) <<NOTE: Evaluation. Data.>> An evaluation of currently
available data to support the assessment of the metrics
described in paragraph (2), including the identification of
areas where gaps in the availability of such data exist that may
require collecting new data or modifying existing data.
(4) <<NOTE: Data.>> The identification of current means and
methods available to the Department for collecting data in an
automated fashion, including the identification of areas where
gaps in the automated collection of data exist that may require
new means for collecting or visualizing data.
[[Page 136 STAT. 2744]]
(5) <<NOTE: Analysis.>> The development of an analysis and
assessment methodology framework to make tradeoffs between the
metrics described in paragraph (2) and existing
commercialization benchmarks of the Department to enhance the
decision-making of the Department regarding the benefits of the
SBIR and STTR programs of the Department.
(c) <<NOTE: Deadlines.>> Briefings.--
(1) Interim briefing.--Not later than six months after the
enactment of this Act, the Secretary of Defense shall provide to
the Committees on Armed Services of the Senate and House of
Representatives a briefing on the development of the metrics
described in subsection (a) for the study required under such
subsection.
(2) Final briefing.--Not later than one year after the
enactment of this Act, the Secretary of Defense shall provide to
the Committees on Armed Services of the Senate and House of
Representatives a briefing on the results of the study required
under subsection (a).
Subtitle G--Other Matters
SEC. 881. TECHNICAL CORRECTION TO EFFECTIVE DATE OF THE TRANSFER
OF CERTAIN TITLE 10 ACQUISITION
PROVISIONS.
(a) <<NOTE: 10 USC 4027 note.>> In General.--The amendments made by
section 1701(e) and paragraphs (1) and (2) of section 802(b) of the
National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-
81) shall be deemed to have taken effect immediately before the
amendments made by section 1881 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283; 134 Stat. 4293).
(b) <<NOTE: Time period. Compliance. 10 USC 4027 note.>> Treatment
of Section 4027 Requirements.--An individual or entity to which the
requirements under section 4027 of title 10, United States Code, were
applicable during the period beginning on January 1, 2022, and ending on
the date of the enactment of this Act pursuant to subsection (a) shall
be deemed to have complied with such requirements during such period.
SEC. 882. <<NOTE: 10 USC 1564 note.>> SECURITY CLEARANCE BRIDGE
PILOT PROGRAM.
(a) In General.--The Secretary of Defense, in consultation with the
Director of National Intelligence, shall conduct a pilot program to
allow the Defense Counterintelligence and Security Agency to sponsor the
personal security clearances of the employees of innovative technology
companies that are performing a contract of the Department of Defense
while the Government completes the adjudication of the facility
clearance application of such a innovative technology company.
(b) Additional Requirements.--
(1) Personal security clearance authority.--
(A) In general.--Under the pilot program, the
Defense Counterintelligence and Security Agency may
nominate and sponsor the personal security clearances of
the employees of an innovative technology company.
(B) Limitation.--Under the pilot program, the
Defense Counterintelligence and Security Agency may
sponsor the
[[Page 136 STAT. 2745]]
personal security clearances of employees of not more
than 75 innovative technology companies.
(2) Adjudication of the facility clearance application.--
<<NOTE: Assessment.>> Any adjudication of a facility clearance
application of an innovative technology company described in
subsection (a) shall include an assessment and mitigation of
foreign ownership, control, or influence of the innovative
technology company, as applicable.
(c) <<NOTE: Deadlines.>> Clearance Transfer.--
(1) In general.--Not later than 30 days after an innovative
technology company is granted facility clearance, the Defense
Counterintelligence and Security Agency shall transfer any
personal clearances of employees of the innovative technology
company held by the Defense Counterintelligence and Security
Agency under the pilot program back to the innovative technology
company.
(2) Denial of facility clearance.--Not later than 10 days
after an innovative technology company is denied facility
clearance, the Defense Counterintelligence and Security Agency
shall release any personal clearances of employees of the
innovative technology company held by the Defense
Counterintelligence and Security Agency under the pilot program.
(d) Participant Selection.--The Under Secretary of Defense for
Research and Engineering, in consultation with the Under Secretary of
Defense for Acquisition and Sustainment and the service acquisition
executive of the military department concerned (as such terms are
defined, respectively, in section 101 of title 10, United States Code),
shall select innovative technology companies to participate in the pilot
program.
(e) Sunset.--The pilot program shall terminate on December 31, 2028.
(f) Definitions.--In this section:
(1) Facility clearance.--The term ``facility clearance'' has
the meaning given the term ``Facility Clearance'' in section
95.5 of title 10, Code of Federal Regulations, or any successor
regulation.
(2) Foreign ownership, control, or influence.--The term
``foreign ownership, control, or influence'' has the meaning
given in section 847 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1505; 10
U.S.C. 4819 note).
(3) Innovative technology company.--The term ``innovative
technology company'' means a nontraditional defense contractor
(as defined in section 3014 of title 10, United States Code)
that--
(A) provides goods or services related to--
(i) one or more of the 14 critical technology
areas described in the memorandum by the Under
Secretary of Defense for Research and Engineering
issued on February 1, 2022, entitled ``USD(R&E)
Technology Vision for an Era of Competition''; or
(ii) information technology, software, or
hardware that is unavailable from any other entity
that possesses a facility clearance; and
(B) is selected by the Under Secretary of Defense
for Research and Engineering under subsection (d) to
participate in the pilot program.
[[Page 136 STAT. 2746]]
(4) Personal security clearance.--The term ``personal
security clearance'' means the security clearance of an
individual who has received approval from the Department of
Defense to access classified information.
(5) Pilot program.--The term ``pilot program'' means the
pilot program established under subsection (a).
SEC. 883. <<NOTE: Contracts. 10 USC 3372 note.>> EXISTING
AGREEMENT LIMITS FOR OPERATION WARP SPEED.
<<NOTE: Effective date.>> The value of any modification to, or
order made under, a contract or other agreement by the Department of
Defense on or after March 1, 2020, to address the COVID-19 pandemic
through vaccines and other therapeutic measures shall not be counted
toward any limit established prior to March 1, 2020, on the total
estimated amount of all projects to be issued under the contract or
other agreement (except that the value of such modification or order
shall count toward meeting any guaranteed minimum value under the
contract or other agreement).
SEC. 884. <<NOTE: 10 USC note prec. 421.>> INCORPORATION OF
CONTROLLED UNCLASSIFIED INFORMATION
GUIDANCE INTO PROGRAM CLASSIFICATION
GUIDES AND PROGRAM PROTECTION PLANS.
(a) Updates Required.--
(1) In general.--The Secretary of Defense shall, acting
through the Under Secretary of Defense for Intelligence and
Security and the Under Secretary of Defense for Research and
Engineering, ensure that all program classification guides (for
classified programs) and all program protection plans (for
unclassified programs) include guidance for the proper marking
for controlled unclassified information at their next regularly
scheduled update.
(2) Elements.--Guidance under paragraph (1) shall include
the following:
(A) A requirement to use document portion markings
for controlled unclassified information.
(B) A process to ensure controlled unclassified
information document portion markings are used properly
and consistently.
(b) Monitoring of Progress.--In tracking the progress in carrying
out subsection (a), the Under Secretary of Defense for Intelligence and
Security and the Under Secretary of Defense for Research and Engineering
shall implement a process for monitoring progress that includes the
following:
(1) Tracking of all program classification guides and
program protection plans so they include document portion
marking for controlled unclassified information, and the dates
when controlled unclassified information guidance updates are
completed.
(2) Updated training in order to ensure that all government
and contractor personnel using the guides described in
subsection (a)(1) receive instruction, as well as periodic spot
checks, to ensure that training is sufficient and properly
implemented to ensure consistent application of document portion
marking guidance.
(3) A process for feedback to ensure that any identified
gaps or lessons learned are incorporated into guidance and
training instructions.
[[Page 136 STAT. 2747]]
(c) <<NOTE: Deadline.>> Required Completion.--The Secretary shall
ensure that the updates required by subsection (a) are completed before
January 1, 2029.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
Sec. 901. Increase in authorized number of Assistant and Deputy
Assistant Secretaries of Defense.
Sec. 902. Conforming amendments relating to repeal of position of Chief
Management Officer.
Sec. 903. Limitation on use of funds pending demonstration of product to
identify, task, and manage congressional reporting
requirements.
Sec. 904. Limitation on use of funds pending compliance with
requirements relating to alignment of Close Combat Lethality
Task Force.
Subtitle B--Other Department of Defense Organization and Management
Matters
Sec. 911. Updates to management reform framework.
Sec. 912. Briefing on changes to Unified Command Plan.
Sec. 913. Clarification of peacetime functions of the Navy.
Sec. 914. Responsibilities and functions relating to electromagnetic
spectrum operations.
Sec. 915. Joint all domain command and control.
Sec. 916. Strategic management dashboard demonstration.
Sec. 917. Demonstration program for component content management
systems.
Sec. 918. Report on potential transition of all members of the Space
Force into a single component.
Subtitle A--Office of the Secretary of Defense and Related Matters
SEC. 901. INCREASE IN AUTHORIZED NUMBER OF ASSISTANT AND DEPUTY
ASSISTANT SECRETARIES OF DEFENSE.
(a) Assistant Secretary of Defense for Cyber Policy.--Section 138(b)
of title 10, United States Code, is amended by adding at the end the
following new paragraph:
``(8) One of the Assistant Secretaries is the Assistant Secretary of
Defense for Cyber Policy. The principal duty of the Assistant Secretary
shall be the overall supervision of policy of the Department of Defense
for cyber. The Assistant Secretary is the Principal Cyber Advisor
described in section 392a(a) of this title.''.
(b) Increase in Authorized Number of Assistant Secretaries of
Defense.--
(1) Increase.--Section 138(a)(1) of title 10, United States
Code, is amended by striking ``15'' and inserting ``19''.
(2) Conforming amendment.--Section 5315 of title 5, United
States Code, is amended by striking ``Assistant Secretaries of
Defense (14).'' and inserting ``Assistant Secretaries of Defense
(19).''.
(c) Increase in Authorized Number of Deputy Assistant Secretaries of
Defense.--
(1) Increase.--Section 138 of title 10, United States Code,
is amended by adding at the end the following new subsection:
``(e) The number of Deputy Assistant Secretaries of Defense may not
exceed 60.''.
(2) Conforming repeal.--Section 908 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131
Stat. 1514; 10 U.S.C. 138 note) is repealed.
[[Page 136 STAT. 2748]]
(d) Additional Amendments.--Section 138(b) of title 10, United
States Code, is amended--
(1) in paragraph (2)(A)--
(A) in the second sentence in the matter preceding
clause (i), by striking ``He shall have as his principal
duty'' and inserting ``The principal duty of the
Assistant Secretary shall be''; and
(B) in clause (ii), by striking subclause (III);
(2) in paragraph (3), in the second sentence, by striking
``He shall have as his principal duty'' and inserting ``The
principal duty of the Assistant Secretary shall be'';
(3) in paragraph (4)--
(A) in subparagraph (A), by striking the semicolon
and inserting ``; and'';
(B) in subparagraph (B), by striking ``; and''
inserting a period; and
(C) by striking subparagraph (C); and
(4) in paragraph (6), by striking ``shall--'' and all that
follows and inserting ``shall advise the Under Secretary of
Defense for Acquisition and Sustainment on industrial base
policies.''.
(e) Evaluation and Review.--Section 1504 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat.
2022) is amended--
(1) in subsection (a), by striking ``Not later than 180 days
after the date of the enactment of this Act'' and inserting
``Not later than April 1, 2023''; and
(2) in subsection (b)--
(A) in paragraph (13), by striking ``and'' at the
end;
(B) by redesignating paragraph (14) as paragraph
(17); and
(C) <<NOTE: Assessments.>> by inserting after
paragraph (13) the following new paragraphs:
``(14) assess the need to retain or modify the
relationships, authorities, roles, and responsibilities of the
Principal Cyber Advisor described in section 392a(a) of title
10, United States Code;
``(15) assess the organizational construct of the Department
of Defense and how authorities, roles, and responsibilities for
matters relating to cyber activities are distributed among the
Under Secretaries, Assistant Secretaries, and Deputy Assistant
Secretaries of Defense and among civilian officials within the
military departments with roles and responsibilities relating to
cyber activities;
``(16) <<NOTE: Recommenda- tions.>> make recommendations
for changes to statutes affecting the organizational construct
of the Department of Defense to improve the oversight,
management, and coordination of--
``(A) policies, programs, and strategies relating to
cyber activities;
``(B) the execution of the authorities of the United
States Cyber Command; and
``(C) other matters relating to cyber activities;
and''.
SEC. 902. CONFORMING AMENDMENTS RELATING TO REPEAL OF POSITION OF
CHIEF MANAGEMENT OFFICER.
Section 2222 of title 10, United States Code, is amended--
[[Page 136 STAT. 2749]]
(1) in subsection (c)(2), by striking ``the Chief Management
Officer of the Department of Defense, the Under Secretary of
Defense for Acquisition and Sustainment, the Chief Information
Officer, and the Chief Management Officer'' and inserting ``the
Chief Information Officer of the Department of Defense, the
Under Secretary of Defense for Acquisition and Sustainment, and
the Chief Information Officer'';
(2) in subsection (e)--
(A) in paragraph (1), by striking ``the Chief
Management Officer'' and inserting ``the Chief
Information Officer''; and
(B) in paragraph (6)--
(i) in subparagraph (A), in the matter
preceding clause (i)--
(I) in the first sentence, by
striking ``The Chief Management Officer
of the Department of Defense'' and
inserting ``The Chief Information
Officer of the Department of Defense, in
coordination with the Chief Data and
Artificial Intelligence Officer,''; and
(II) in the second sentence, by
striking ``the Chief Management Officer
shall'' and inserting ``the Chief
Information Officer shall''; and
(ii) in subparagraph (B), in the matter
preceding clause (i), by striking ``The Chief
Management Officer'' and inserting ``The Chief
Information Officer'';
(3) in subsection (f)--
(A) in paragraph (1), in the second sentence, by
striking ``the Chief Management Officer and''; and
(B) in paragraph (2)--
(i) by redesignating subparagraphs (A) and (B)
as subparagraphs (B) and (C), respectively;
(ii) by inserting before subparagraph (B), as
redesignated by clause (i), the following new
subparagraph (A):
``(A) The Chief Information Officers of the military
departments, or their designees.''; and
(iii) in subparagraph (C), as so redesignated,
by adding at the end the following new clause:
``(iv) The Chief Data and Artificial
Intelligence Officer of the Department of
Defense.'';
(4) in subsection (g)(2), by striking ``the Chief Management
Officer'' each place it appears and inserting ``the Chief
Information Officer''; and
(5) in subsection (i)(5)(B), by striking ``the Chief
Management Officer'' and inserting ``the Chief Information
Officer''.
SEC. 903. LIMITATION ON USE OF FUNDS PENDING DEMONSTRATION OF
PRODUCT TO IDENTIFY, TASK, AND MANAGE
CONGRESSIONAL REPORTING REQUIREMENTS.
Of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2023 for operation and maintenance,
Defense-wide, for the Office of the Secretary of Defense, not more than
90 percent may be obligated or expended until the Secretary of Defense
demonstrates a minimum viable product--
[[Page 136 STAT. 2750]]
(1) to optimize and modernize the process described in
section 908(a) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283; 10 U.S.C. 111 note) for identifying reports to Congress
required by annual national defense authorization Acts,
assigning responsibility for preparation of such reports, and
managing the completion and delivery of such reports to
Congress; and
(2) that includes capabilities to enable--
(A) direct access by the congressional defense
committees to the follow-on system to that process using
secure credentials;
(B) rapid automatic ingestion of data provided by
those committees with respect to reports and briefings
required to be submitted to Congress in a comma-
separated value spreadsheet;
(C) sortable and exportable database views for
tracking and research purposes;
(D) automated notification of relevant congressional
staff and archival systems; and
(E) integration with Microsoft Office.
SEC. 904. LIMITATION ON USE OF FUNDS PENDING COMPLIANCE WITH
REQUIREMENTS RELATING TO ALIGNMENT OF
CLOSE COMBAT LETHALITY TASK FORCE.
Of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2023 for operation and maintenance,
Defense-wide, for the Office of the Secretary of Defense, not more than
75 percent may be obligated or expended until the Department of Defense
complies with the requirements of section 911 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat.
1878) (relating to alignment of the Close Combat Lethality Task Force).
Subtitle B--Other Department of Defense Organization and Management
Matters
SEC. 911. UPDATES TO MANAGEMENT REFORM FRAMEWORK.
Section 125a of title 10, United States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (1), by striking ``2022'' and
inserting ``2023''; and
(B) in paragraph (3), by inserting ``the Director
for Administration and Management of the Department of
Defense,'' after ``the Chief Information Officer of the
Department of Defense,''; and
(2) in subsection (d)--
(A) by redesignating paragraph (6) as paragraph (9);
and
(B) by inserting after paragraph (5) the following
new paragraphs:
``(6) <<NOTE: Assessment. Costs.>> Development and
implementation of a uniform methodology for tracking and
assessing cost savings and cost avoidance from reform
initiatives.
``(7) Implementation of reform-focused research to improve
management and administrative science.
[[Page 136 STAT. 2751]]
``(8) Tracking and implementation of technological
approaches to improve management decision-making, such as
artificial intelligence tools.''.
SEC. 912. BRIEFING ON CHANGES TO UNIFIED COMMAND PLAN.
Paragraph (2) of section 161(b) of title 10, United States Code, is
amended to read as follows:
``(2) <<NOTE: President. Deadlines. Notifications.>> Except during
time of hostilities or imminent threat of hostilities, the President
shall--
``(A) not more than 60 days after establishing a new
combatant command--
``(i) notify Congress of the establishment of such
command; and
``(ii) provide to Congress a briefing on the
establishment of such command; and
``(B) not more than 60 days after significantly revising the
missions, responsibilities, or force structure of an existing
combatant command--
``(i) notify Congress of such revisions; and
``(ii) provide to Congress a briefing on such
revisions.''.
SEC. 913. CLARIFICATION OF PEACETIME FUNCTIONS OF THE NAVY.
Section 8062(a) of title 10, United States Code, is amended--
(1) in the second sentence, by striking ``primarily'' and
inserting ``for the peacetime promotion of the national security
interests and prosperity of the United States and''; and
(2) in the third sentence, by striking ``for the effective
prosecution of war'' and inserting ``for the duties described in
the preceding sentence''.
SEC. 914. RESPONSIBILITIES AND FUNCTIONS RELATING TO
ELECTROMAGNETIC SPECTRUM OPERATIONS.
Section 1053(g) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 113 note) is
amended--
(1) in the subsection heading, by striking ``Transfer of
Responsibilities and Functions Relating to Electromagnetic
Spectrum Operations'' and inserting ``Report on Appropriate
Alignment of Responsibilities and Functions Relating to
Electromagnetic Spectrum Operations; Evaluations'';
(2) by striking paragraphs (1), (2), and (5);
(3) by inserting the following new paragraph (1):
``(1) Report required.--
``(A) In general.--Not later than March 31, 2023,
the Secretary of Defense shall submit to the
congressional defense committees a report on the
appropriate alignment of electromagnetic spectrum
operations responsibilities and functions.
``(B) Considerations.--In developing the report
required by subparagraph (A), the Secretary of Defense
shall consider the following:
``(i) The appropriate role of each existing
organization and element of the Department of
Defense with responsibilities or functions
relating to electromagnetic spectrum operations
and the potential establishment of a new entity
dedicated electromagnetic spectrum
[[Page 136 STAT. 2752]]
operations within one or more of those
organizations or elements.
``(ii) Whether the organizational structure
responsible for electromagnetic spectrum
operations within the Department--
``(I) should be a unitary structure,
in which a single organization or
element is primarily responsible for all
aspects of such operations; or
``(II) a hybrid structure, in which
separate organizations or elements are
responsible for different aspects of
electromagnetic spectrum operations.
``(iii) The resources required to fulfill the
specified responsibilities and functions.''; and
(4) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively.
SEC. 915. <<NOTE: 10 USC 132 note.>> JOINT ALL DOMAIN COMMAND AND
CONTROL.
(a) Direction and Control of Joint All Domain Command and Control.--
The Deputy Secretary of Defense, in coordination with the Vice Chairman
of the Joint Chiefs of Staff, shall oversee joint all domain command and
control (commonly known as ``JADC2'') to ensure--
(1) close collaboration with the Joint Requirements
Oversight Council, the combatant commands, and the military
services regarding operational requirements and requirements
satisfaction relating to joint all domain command and control;
and
(2) objective assessments to the Deputy Secretary and Vice
Chairman about the progress of the Department of Defense in
achieving the objectives of joint all domain command and
control.
(b) Demonstrations and Fielding of Mission Threads.--
(1) In general.--The Deputy Secretary and Vice Chairman
shall take the following actions in support of the objectives
described in paragraph (2):
(A) In consultation with the Commander of the United
States Indo-Pacific Command and the commanders of such
other combatant commands as may be designated by the
Deputy Secretary--
(i) <<NOTE: List.>> identify a prioritized
list of difficult mission-critical operational
challenges specific to the area of operations of
the designated commands;
(ii) <<NOTE: Recommenda- tions.>> design and
recommend resourcing options, through the Office
of Cost Analysis and Program Evaluation and the
Management Action Group of the Deputy Secretary, a
series of multi-domain, multi-service and multi-
agency, multi-platform, and multisystem end-to-end
integrated kinetic and non-kinetic mission
threads, including necessary battle management
functions, to solve the operational challenges
identified in clause (i);
(iii) demonstrate the ability to execute the
integrated mission threads identified in clause
(ii) in realistic conditions on a repeatable
basis, including the ability to achieve, through
mission integration software, interoperability
among effects chain components
[[Page 136 STAT. 2753]]
that do not conform to common interface standards,
including the use of the System of Systems
Technology Integration Tool Chain for
Heterogeneous Electronic Systems (commonly known
as ``STITCHES'') managed by the 350th Spectrum
Warfare Wing of the Department of the Air Force;
and
(iv) <<NOTE: Plan.>> create a plan to deploy
the mission threads to the area of operations of
the United States Indo-Pacific Command and such
other combatant commands as may be designated by
Deputy Secretary, and execute the mission threads
at the scale and pace required to solve the
identified operational challenges, including
necessary logistics and sustainment capabilities.
(B) Designate organizations to serve as transition
partners for integrated mission threads and ensure such
integrated mission threads are maintained and exercised
as operational capabilities in the United States Indo-
Pacific Command and such other combatant commands as may
be designated by Deputy Secretary.
(C) Designate organizations and elements of the
Department of Defense as the Deputy Secretary determines
appropriate to be responsible for--
(i) serving as mission managers for composing
and demonstrating the integrated mission threads
under the mission management pilot program
established by section 871 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law
117-81; 10 U.S.C. 191 note);
(ii) providing continuing support and
sustainment for, and training and exercising of,
the integrated mission threads under the
operational command of the Commander of United
States Indo-Pacific Command and such other
combatant commands as may be designated by Deputy
Secretary;
(iii) planning and executing experimentation
and demonstrations with--
(I) Joint data integration
approaches;
(II) mission integration
capabilities, especially software; and
(III) Joint tactics, techniques, and
procedures;
(iv) assisting in fielding mission integration
software to encourage the development and
employment of such software on a larger scale,
especially at the designated combatant commands;
(v) <<NOTE: Assessment.>> assessing and
integrating, as appropriate, the capabilities of
Assault Breaker II, developed by the Defense
Advanced Research Projects Agency, and related
developmental efforts as those efforts transition
to operational deployment; and
(vi) integrating joint all domain command and
control mission threads and mission command and
control, including in conflicts that arise with
minimal warning, and exercising other joint all
domain command and control capabilities and
functions.
(D) Integrate the planning and demonstrations of the
mission threads with--
[[Page 136 STAT. 2754]]
(i) the Production, Exploitation, and
Dissemination Center in the United States Indo-
Pacific Command;
(ii) the Family of Integrated Targeting Cells;
and
(iii) the tactical dissemination and
information sharing systems for the Armed Forces
and allies of the United States, including the
Mission Partner Environment and the Maven Smart
System.
(2) Objectives described.--The objectives described in this
paragraph are the following--
(A) to support the emphasis of the National Defense
Strategy on adversary-specific deterrence postures;
(B) to support actions that can be taken within the
period covered by the future-years defense program
focused on--
(i) critical mission threads, such as kinetic
kill chains and non-kinetic effects chains; and
(ii) integrated concepts of operation;
(C) to support demonstrations and experimentation;
and
(D) to achieve the objectives of the Joint All
Domain Command and Control Strategy and Implementation
Plan approved by the Deputy Secretary of Defense.
(c) Performance Goals.--The Deputy Secretary, the Vice Chairman, and
the commanders of such other combatant commands as may be designated by
the Deputy Secretary shall seek to--
(1) <<NOTE: Effective date.>> beginning in the third
quarter of fiscal year 2023, demonstrate new integrated mission
threads on a regularly recurring basis multiple times each year;
and
(2) include such demonstrations, as feasible, in the Rapid
Defense Experimentation Reserve campaign of experimentation,
Valiant Shield, Northern Edge, the Large Scale Global Exercise,
the quarterly Scarlet Dragon exercises, the Global Information
Dominance Experiments, and annual force exercises in the area of
responsibility of the United States Indo-Pacific Command.
(d) Definitions.--In this section:
(1) The term ``Deputy Secretary'' means the Deputy Secretary
of Defense.
(2) The term ``Family of Integrated Targeting Cells'' means
the Maritime Targeting Cell-Afloat, the Maritime Targeting Cell-
Expeditionary, the Tactical Intelligence Targeting Access Node,
Tactical Operations Center Medium/Light, and other interoperable
command and control nodes that are able to task the collection
of, receive, process, and disseminate track and targeting
information from many sensing systems in disconnected, denied,
intermittent or limited bandwidth conditions.
(3) The term ``joint all domain command and control'' refers
to the warfighting capabilities that support commander decision
making at all echelons from campaigning to conflict, across all
domains, and with partners, to deliver information advantage.
(4) The term ``mission command'' is the employment of
military operations through decentralized execution based upon
mission-type orders and the intent of commanders.
(5) The terms ``mission thread'', ``kill chain'', and
``effects chain'' have the meanings given those terms in the
publication of the Office of the Under Secretary of Defense for
Research
[[Page 136 STAT. 2755]]
and Engineering titled ``Mission Engineering Guide'' and dated
November 2020.
(6) The term ``Vice Chairman'' means the Vice Chairman of
the Joint Chiefs of Staff.
SEC. 916. <<NOTE: 10 USC 125a note.>> STRATEGIC MANAGEMENT
DASHBOARD DEMONSTRATION.
(a) <<NOTE: Deadline. Data.>> In General.--Not later than one year
after the date of the enactment of this Act, the Secretary of Defense
shall conduct a demonstration of a strategic management dashboard to
automate the data collection and data visualization of the primary
management goals of the Department of Defense.
(b) Elements.--The Secretary of Defense shall ensure that the
strategic management dashboard demonstrated under subsection (a)
includes the following:
(1) The capability for real-time monitoring of the
performance of the Department of Defense in meeting the
management goals of the Department.
(2) An integrated analytics capability, including the
ability to dynamically add or upgrade new capabilities when
needed.
(3) Integration with the framework required by subsection
(c) of section 125a of title 10, United States Code, for
measuring the progress of the Department toward covered elements
of reform (as defined in subsection (d) of that section).
(4) Incorporation of the elements of the strategic
management plan required by section 904(d) of the National
Defense Authorization Act of Fiscal Year 2008 (Public Law 110-
181; 10 U.S.C. note prec. 2201), as derived from automated data
feeds from existing information systems and databases.
(5) Incorporation of the elements of the most recent annual
performance plan of the Department required by section 1115(b)
of title 31, United States Code, and the most recent update on
performance of the Department required by section 1116 of that
title.
(6) Use of artificial intelligence and machine learning
tools to improve decision making and assessment relating to data
analytics.
(7) Adoption of leading and lagging indicators for key
strategic management goals.
(c) Authorities.--
(1) In general.--In conducting the demonstration required by
subsection (a), the Secretary of Defense may use the authorities
described in paragraph (2), and such other authorities as the
Secretary considers appropriate--
(A) to help accelerate the development of innovative
technological or process approaches; and
(B) to attract new entrants to solve the data
management and visualization challenges of the
Department.
(2) Authorities described.--The authorities described in
this paragraph are the authorities provided under the following
provisions of law:
(A) Section 4025 of title 10, United States Code
(relating to prizes for advanced technology
achievements).
(B) Section 217 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-
92; 10 U.S.C. 2222 note) (relating to science and
technology activities to support business systems
information technology acquisition programs).
[[Page 136 STAT. 2756]]
(C) Section 908 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-
81; 10 U.S.C. 129a note) (relating to management
innovation activities).
(d) Use of Best Practices.--In conducting the demonstration required
by subsection (a), the Secretary of Defense shall leverage commercial
best practices in management and leading research in management and data
science.
(e) Strategic Management Dashboard Defined.--In this section, the
term ``strategic management dashboard'' means a system for dynamically
displaying management metrics, performance goals, and other information
necessary for Department of Defense leadership to make strategic
decisions related to the management of the Department using modern,
commercial practices for data visualization and drawn from existing
automated information systems available to the Department.
SEC. 917. <<NOTE: Deadlines. 10 USC 2223 note.>> DEMONSTRATION
PROGRAM FOR COMPONENT CONTENT MANAGEMENT
SYSTEMS.
(a) In General.--Not later than July 1, 2023, the Chief Information
Officer of the Department of Defense, in coordination with the official
designated under section 238(b) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C.
note prec. 4061), shall complete a pilot program to demonstrate the
application of component content management systems to a distinct set of
data of the Department.
(b) <<NOTE: Consultation.>> Selection of Data Set.--In selecting a
distinct set of data of the Department for purposes of the pilot program
required by subsection (a), the Chief Information Officer shall consult
with, at a minimum, the following:
(1) The Office of the Secretary of Defense, with respect to
directives, instructions, and other regulatory documents of the
Department.
(2) The Office of the Secretary of Defense and the Joint
Staff, with respect to execution orders.
(3) The Office of the Under Secretary of Defense for
Research and Engineering and the military departments, with
respect to technical manuals.
(4) The Office of the Under Secretary of Defense for
Acquisition and Sustainment, with respect to Contract Data
Requirements List documents.
(c) Authority to Enter Into Contracts.--Subject to the availability
of appropriations, the Secretary of Defense may enter into contracts or
other agreements with public or private entities to conduct studies and
demonstration projects under the pilot program required by subsection
(a).
(c) <<NOTE: Plans.>> Briefing Required.--Not later than 60 days
after the date of the enactment of this Act, the Chief Information
Officer shall provide to the congressional defense committees a briefing
on plans to implement the pilot program required by subsection (a).
(d) Component Content Management System Defined.--In this section,
the term ``component content management system'' means any content
management system that enables the management of content at a component
level instead of at the document level.
[[Page 136 STAT. 2757]]
SEC. 918. REPORT ON POTENTIAL TRANSITION OF ALL MEMBERS OF THE
SPACE FORCE INTO A SINGLE COMPONENT.
(a) Report Required.--Not later than March 1, 2023, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the proposal of the Air
Force to transition the Space Force into a single component (in this
section referred to as the Space Component)--
(1) that consists of all members of the Space Force, without
regard to whether such a member is, under laws in effect at the
time of the report, in the active or reserve component of the
Space Force; and
(2) in which such members may transfer between duty statuses
more freely than would otherwise be allowed under the laws in
effect at the time of the report.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) <<NOTE: Plan.>> A plan that describes any rules,
regulations, policies, guidance, and statutory provisions that
may be implemented to govern--
(A) the ability of a member of the Space Component
to transfer between duty statuses, the number of members
authorized to make such transfers, and the timing of
such transfers;
(B) the retirement of members of the Space
Component, including the determination of a member's
eligibility for retirement and the calculation of the
retirement benefits (including benefits under laws
administered by the Secretary of Veterans Affairs) to
which the member would be entitled based on a career
consisting of service in duty statuses of the Space
Component; and
(C) the composition and operation of promotion
selection boards with respect to members of the Space
Component, including the treatment of general officers
by such boards.
(2) <<NOTE: Analysis.>> A comprehensive analysis of how
such proposal may affect the ability of departments and agencies
of the Federal Government (including departments and agencies
outside the Department of Defense and the Department of Veterans
Affairs) to accurately calculate the pay or determine the
benefits, including health care benefits under chapter 55 of
title 10, United States Code, to which a member or former member
of the Space Component is entitled at any given time.
(3) Draft legislative text, prepared by the Office of
Legislative Counsel within the Office of the General Counsel of
the Department of Defense, that comprehensively sets forth all
amendments and modifications to Federal statutes needed to
effectively implement the proposal described in subsection (a),
including--
(A) amendments and modifications to titles 10, 37,
and 38, United States Code;
(B) amendments and modifications to Federal statutes
outside of such titles; and
(C) <<NOTE: Analysis.>> an analysis of each
provision of Federal statutory law that refers to the
duty status of a member of an Armed Force, or whether
such member is in an active or reserve component, and,
for each such provision--
[[Page 136 STAT. 2758]]
(i) <<NOTE: Determination.>> a written
determination indicating whether such provision
requires amendment or other modification to
clarify its applicability to a member of the Space
Component; and
(ii) if such an amendment or modification is
required, draft legislative text for such
amendment or modification.
(4) <<NOTE: Assessment.>> An assessment of the feasibility
and advisability of--
(A) exempting the proposed Space Component from the
existing ``up or out'' system of officer career
advancement first established by the amendments to title
10, United States Code, made by the Defense Officer
Personnel Management Act (Public Law 96-513; 94 Stat.
2835);
(B) combining active and reserve components in a
new, single Space Component and whether a similar
outcome could be achieved using the existing active and
reserve component frameworks with modest statutory
changes to allow reserve officers to serve on sustained
active duty; and
(C) creating career flexibility for reserve members
of the Space Component, including in shifting retirement
points earned from one year to the next and allowing
members of the Space Component to move back and forth
between active and reserve status for prolonged periods
of time across a career.
(5) <<NOTE: Assessment.>> An assessment of the implications
of the proposed reorganization of the Space Force on the
development of space as a warfighting domain in the profession
of arms, particularly with respect to officer leadership,
development, and stewardship of the profession.
(6) <<NOTE: Determination.>> A determination of whether
existing government ethics regulations are adequate to address
potential conflicts of interest for Space Component officers who
seek to move back and forth between sustained active duty and
working for private sector organizations in the space industry
as reserve officers in the Space Component.
(7) <<NOTE: Analyses.>> An analysis of the following:
(A) Whether the proposed Space Component framework
is consistent with the joint service requirements of
chapter 38 of title 10, United States Code.
(B) Budgetary implications of the establishment of
the Space Component.
(C) The nature of the relationship with private
industry and civilian employers that would be required
and consistent with professional ethics to successfully
implement the Space Component.
(D) The effect of establishing a Space Component on
diversity and inclusion within the Space Force.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Sense of Congress relating to the corrective action plans
review process.
Sec. 1003. Annual reports on budgetary effects of inflation.
[[Page 136 STAT. 2759]]
Subtitle B--Counterdrug Activities
Sec. 1011. Extension of authority to support a unified counterdrug and
counterterrorism campaign in Colombia.
Subtitle C--Naval Vessels and Shipyards
Sec. 1021. Modification to annual naval vessel construction plan.
Sec. 1022. Navy consultation with Marine Corps on major decisions
directly concerning Marine Corps amphibious force structure
and capability.
Sec. 1023. Amphibious warship force structure.
Sec. 1024. Modification to limitation on decommissioning or inactivating
battle force ships before end of expected service life.
Sec. 1025. Amphibious warfare ship assessment and requirements.
Sec. 1026. Battle force ship employment, maintenance, and manning
baseline plans.
Sec. 1027. Withholding of certain information about sunken military
crafts.
Sec. 1028. Business case analyses on disposition of certain Government-
owned dry-docks.
Sec. 1029. Prohibition on retirement of certain naval vessels.
Subtitle D--Counterterrorism
Sec. 1031. Extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to the United States.
Sec. 1032. Extension of prohibition on use of funds to construct or
modify facilities in the United States to house detainees
transferred from United States Naval Station, Guantanamo Bay,
Cuba.
Sec. 1033. Modification and extension of prohibition on use of funds for
transfer or release of individuals detained at United States
Naval Station, Guantanamo Bay, Cuba, to certain countries.
Sec. 1034. Extension of prohibition on use of funds to close or
relinquish control of United States Naval Station, Guantanamo
Bay, Cuba.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1041. Submission of national defense strategy in classified and
unclassified form.
Sec. 1042. Department of Defense support for funerals and memorial
events for Members and former Members of Congress.
Sec. 1043. Modification of authority for humanitarian demining
assistance and stockpiled conventional munitions assistance.
Sec. 1044. Modification of provisions relating to anomalous health
incidents.
Sec. 1045. Security clearances for recently separated members of the
Armed Forces and civilian employees of the Department of
Defense.
Sec. 1046. Integrated and authenticated access to Department of Defense
systems for certain congressional staff for oversight
purposes.
Sec. 1047. Introduction of entities in transactions critical to national
security.
Sec. 1048. Joint training pipeline between United States Navy and Royal
Australian Navy.
Sec. 1049. Standardization of sectional barge construction for
Department of Defense use on rivers and intercoastal
waterways.
Sec. 1050. Department of Defense support for recently enacted
commissions.
Subtitle F--Studies and Reports
Sec. 1051. Modification of annual report on unfunded priorities.
Sec. 1052. Congressional notification of military information support
operations in the information environment.
Sec. 1053. Modification and continuation of reporting requirement
relating to humanitarian assistance.
Sec. 1054. Briefing on Global Force Management Allocation Plan.
Sec. 1055. Report and budget details regarding Operation Spartan Shield.
Sec. 1056. Annual report on civilian casualties in connection with
United States military operations.
Sec. 1057. Extension of certain reporting deadlines.
Sec. 1058. Extension and modification of reporting requirement regarding
enhancement of information sharing and coordination of
military training between Department of Homeland Security and
Department of Defense.
Sec. 1059. Continuation of requirement for annual report on National
Guard and reserve component equipment.
Sec. 1060. Modification of authority of Secretary of Defense to transfer
excess aircraft to other departments of the Federal
Government and authority to transfer excess aircraft to
States.
[[Page 136 STAT. 2760]]
Sec. 1061. Combatant command risk assessment for airborne intelligence,
surveillance, and reconnaissance.
Sec. 1062. Study on military training routes and special use air space
near wind turbines.
Sec. 1063. Annual reports on safety upgrades to the high mobility
multipurpose wheeled vehicle fleets.
Sec. 1064. Department of Defense delays in providing comments on
Government Accountability Office reports.
Sec. 1065. Justification for transfer or elimination of certain flying
missions.
Sec. 1066. Reports on United States military force presence in Europe.
Sec. 1067. Report on Department of Defense practices regarding
distinction between combatants and civilians in United States
military operations.
Sec. 1068. Report on strategy and improvement of community engagement
efforts of Armed Forces in Hawaii.
Sec. 1069. Report on Department of Defense military capabilities in the
Caribbean.
Sec. 1070. Quarterly briefings on Department of Defense support for
civil authorities to address immigration at the southwest
border.
Sec. 1071. Annual report on procurement of equipment by State and local
governments through the Department of Defense.
Sec. 1072. Briefing on financial oversight of certain educational
institutions receiving Department of Defense funds.
Sec. 1073. Report on effects of certain ethics requirements on
Department of Defense hiring, retention, and operations.
Sec. 1074. Joint Concept for Competing.
Sec. 1075. Analysis of feasibility and advisability of relocating major
units of the United States Armed Forces to certain European
countries.
Sec. 1076. Report on effects of strategic competitor naval facilities in
Africa.
Subtitle G--Other Matters
Sec. 1081. Technical and conforming amendments.
Sec. 1082. Department of Defense Civilian Protection Center of
Excellence.
Sec. 1083. Ronald V. Dellums Memorial Fellowship in STEM.
Sec. 1084. Amendment to memorial for members of the Armed Forces killed
in attack on Hamid Karzai International Airport.
Sec. 1085. Public availability of cost of certain military operations.
Sec. 1086. Combating military reliance on Russian energy.
Sec. 1087. Establishment of joint force headquarters in area of
operations of United States Indo-Pacific Command.
Sec. 1088. National tabletop exercise.
Sec. 1089. Personnel supporting the Office of the Assistant Secretary of
Defense for Special Operations and Low Intensity Conflict.
Sec. 1090. Sense of Congress on redesignation of the Africa Center for
Strategic Studies as the James M. Inhofe Center for Africa
Strategic Studies.
Sec. 1091. Integration of electronic warfare into Tier 1 and Tier 2
joint training exercises.
Sec. 1092. National Commission on the Future of the Navy.
Sec. 1093. Dynamic airspace pilot program.
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority to Transfer Authorizations.--
(1) <<NOTE: Determination.>> Authority.--Upon determination
by the Secretary of Defense that such action is necessary in the
national interest, the Secretary may transfer amounts of
authorizations made available to the Department of Defense in
this division for fiscal year 2023 between any such
authorizations for that fiscal year (or any subdivisions
thereof). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the
authorization to which transferred.
(2) Limitation.--Except as provided in paragraph (3), the
total amount of authorizations that the Secretary may transfer
under the authority of this section may not exceed
$6,000,000,000.
(3) Exception for transfers between military personnel
authorizations.--A transfer of funds between military
[[Page 136 STAT. 2761]]
personnel authorizations under title IV shall not be counted
toward the dollar limitation in paragraph (2).
(b) Limitations.--The authority provided by subsection (a) to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount is
transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
SEC. 1002. SENSE OF CONGRESS RELATING TO THE CORRECTIVE ACTION
PLANS REVIEW PROCESS.
It is the sense of Congress that the Under Secretary of Defense
(Comptroller) should--
(1) take appropriate steps to improve the corrective action
plans review process, including by linking notices of findings
and recommendations with the corrective action plans to address
such notices; and
(2) update Department of Defense guidance to instruct the
Department and its components to document root cause analysis
when needed to address deficiencies auditors have identified.
SEC. 1003. ANNUAL REPORTS ON BUDGETARY EFFECTS OF INFLATION.
(a) <<NOTE: Summaries.>> Annual Report.--Not later than 30 days
after the date of the submission of the President's budget for a fiscal
year under section 1105 of title 31, United States Code, the Secretary
of Defense shall deliver to the congressional defense committees a
report on observed and anticipated budgetary effects related to
inflation, including--
(1) for each Department of Defense appropriation account--
(A) the amount appropriated for the fiscal year
preceding the fiscal year during which the report is
submitted, the amount appropriated for the fiscal year
during which the report is submitted, and the amount
requested for the fiscal year for which the budget is
submitted;
(B) the relevant inflation index applied to each
such account at the time of the budget submission for
the fiscal year preceding the fiscal year during which
the report is submitted, the fiscal year during which
the report is submitted, and the fiscal year for which
the budget is submitted;
(C) the actual inflationary budgetary effects on
each such account for the fiscal year preceding the
fiscal year during which the report is submitted;
(D) <<NOTE: Budget estimate.>> the estimated
inflationary budgetary effects for the fiscal year
during which the report is submitted and the fiscal year
for which the budget is submitted; and
(E) <<NOTE: Budget estimate.>> a calculation of
estimated budgetary effects due to inflation using the
estimated indices for the fiscal year during which the
report is submitted compared to the
[[Page 136 STAT. 2762]]
estimated indices for the fiscal year for the budget is
submitted.
(2) for the fiscal year preceding the fiscal year during
which the report is submitted, the fiscal year during which the
report is submitted, and the fiscal year for which the budget is
submitted, a summary of any requests for equitable adjustment,
exercising of economic price adjustment (hereinafter referred to
as ``EPA'') clauses, or bilateral contract modifications to
include an EPA, including the contract type and fiscal year and
the type and amount of appropriated funds used for the contract;
(3) a summary of any methodological changes in Department of
Defense cost estimation practices for inflationary budgetary
effects for the fiscal year during which the report is submitted
and the fiscal year for which the budget is submitted; and
(4) any other matters the Secretary determines appropriate.
(b) <<NOTE: Deadline.>> Periodic Briefing.--Not later than 60 days
after the conclusion of the Department of Defense budget mid-year
review, the Secretary of Defense shall provide the congressional defense
committees with a briefing on--
(1) any changes in the observed or anticipated inflation
indices included in the report required under subsection (a);
(2) any actions taken by the Department of Defense to
respond to changes discussed in such report, with specific
dollar value figures; and
(3) any requests for equitable adjustment received by the
Department of Defense, economic price adjustment clauses
exercised, or bilateral contract modifications to include an EPA
made since the submission of the report required under
subsection (a).
(c) Termination.--The requirement to submit a report under
subsection (a) and the requirement to provide a briefing under
subsection (b) shall terminate on the date that is five years after the
date of the enactment of this Act.
Subtitle B--Counterdrug Activities
SEC. 1011. EXTENSION OF AUTHORITY TO SUPPORT A UNIFIED COUNTERDRUG
AND COUNTERTERRORISM CAMPAIGN IN
COLOMBIA.
Section 1021 of the Ronald W. Reagan National Defense Authorization
Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2042), as most
recently amended by section 1007 of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1889), is further
amended--
(1) in subsection (a)(1), by striking ``2023'' and inserting
``2025''; and
(2) in subsection (c), by striking ``2023'' and inserting
``2025''; and
(3) by adding at the end the following:
``(h) <<NOTE: Assessments.>> Annual Report on Plan Colombia.--Not
later than 30 days after the end of each fiscal year from 2023 to 2025,
the Secretary of Defense shall submit to the congressional defense
committees and the Committee on Foreign Relations of the Senate
[[Page 136 STAT. 2763]]
and the Committee on Foreign Affairs of the House of Representatives a
report that includes the following:
``(1) An assessment of the threat to Colombia from narcotics
trafficking and activities by organizations designated as
foreign terrorist organizations under section 219(a) of the
Immigration and Nationality Act (8 U.S.C. 1189(a)).
``(2) A description of the plan of the Government of
Colombia for the unified campaign described in subsection (a).
``(3) A description of the activities supported using the
authority provided by subsection (a).
``(4) An assessment of the effectiveness of the activities
described in paragraph (3) in addressing the threat described in
paragraph (1).''.
Subtitle C--Naval Vessels and Shipyards
SEC. 1021. MODIFICATION TO ANNUAL NAVAL VESSEL CONSTRUCTION PLAN.
Section 231(b)(2) of title 10, United States Code, is amended by
adding at the end the following new subparagraph:
``(J) For any class of battle force ship for which the
procurement of the final ship of the class is proposed in the
relevant future-years defense program submitted under section
221 of this title--
``(i) a description of the expected specific effects
on the Navy shipbuilding industrial base of--
``(I) the termination of the production
program for the ship and the transition to a new
or modified production program, or
``(II) the termination of the production
program for the ship without a new or modified
production program to replace it; and
``(ii) in the case of any such production program
for which a replacement production program is proposed,
a detailed schedule for the replacement production
program with planned decision points, solicitations, and
contract awards.''.
SEC. 1022. NAVY CONSULTATION WITH MARINE CORPS ON MAJOR DECISIONS
DIRECTLY CONCERNING MARINE CORPS
AMPHIBIOUS FORCE STRUCTURE AND
CAPABILITY.
(a) In General.--Section 8026 of title 10, United States Code, is
amended by inserting ``or amphibious force structure and capability''
after ``Marine Corps aviation''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of such section is amended
by inserting ``or amphibious force structure and capability''
after ``aviation''.
(2) Table of sections.--The table of sections at the
beginning of chapter 803 of such title <<NOTE: 10 USC prec.
8011.>> is amended by striking the
[[Page 136 STAT. 2764]]
item relating to section 8026 and inserting the following new
item:
``8026. Consultation with Commandant of the Marine Corps on major
decisions directly concerning Marine Corps aviation or
amphibious force structure and capability.''.
SEC. 1023. AMPHIBIOUS WARSHIP FORCE STRUCTURE.
Section 8062 of title 10, United States Code, is amended--
(1) in subsection (b)--
(A) in the first sentence, by inserting ``and not
less than 31 operational amphibious warfare ships, of
which not less than 10 shall be amphibious assault
ships'' before the period; and
(B) in the second sentence--
(i) by inserting ``or amphibious warfare
ship'' before ``includes''; and
(ii) by inserting ``or amphibious warfare
ship'' before ``that is temporarily unavailable'';
and
(2) by adding at the end the following new subsection:
``(g) <<NOTE: Definition.>> In this section, the term `amphibious
warfare ship' means a ship that is classified as an amphibious assault
ship (general purpose) (LHA), an amphibious assault ship (multi-purpose)
(LHD), an amphibious transport dock (LPD), or a dock landing ship
(LSD).''.
SEC. 1024. MODIFICATION TO LIMITATION ON DECOMMISSIONING OR
INACTIVATING BATTLE FORCE SHIPS BEFORE
END OF EXPECTED SERVICE LIFE.
(a) In General.--Section 8678a(b) of title 10, United States Code,
is amended--
(1) in paragraph (1), by inserting ``by not later than three
days after the date on which the President submits the budget
materials under section 1105(a) of title 31 for the fiscal year
in which such waiver is sought'' after ``such ship''; and
(2) in paragraph (2), by striking ``such certification was
submitted'' and inserting ``the National Defense Authorization
Act for such fiscal year is enacted''.
(b) <<NOTE: 10 USC 8678a note.>> No Effect on Certain Ships.--The
amendments made by subsection (a) do not apply to a battle force ship
(as such term is defined in section 8678a(e)(1) of title 10, United
States Code) that is proposed to be decommissioned or inactivated during
fiscal year 2023.
SEC. 1025. AMPHIBIOUS WARFARE SHIP ASSESSMENT AND REQUIREMENTS.
Section 8695 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(e) Amphibious Warfare Ships.--In preparing each assessment and
requirement under subsection (a), the Commandant of the Marine Corps
shall be specifically responsible for developing the requirements
relating to amphibious warfare ships.''.
SEC. 1026. BATTLE FORCE SHIP EMPLOYMENT, MAINTENANCE, AND MANNING
BASELINE PLANS.
(a) In General.--Chapter 863 of title 10, United States Code, is
amended by adding at the end the following new section:
[[Page 136 STAT. 2765]]
``Sec. 8696. <<NOTE: 10 USC 8696.>> Battle force ship employment,
maintenance, and manning baseline plans
``(a) <<NOTE: Reports.>> In General.--Not later than 45 days after
the date of the delivery of the first ship in a new class of battle
force ships, the Secretary of the Navy shall submit to the congressional
defense committees a report on the employment, maintenance, and manning
baseline plans for the class, including a description of the following:
``(1) The sustainment and maintenance plans for the class
that encompass the number of years the class is expected to be
in service, including--
``(A) the allocation of maintenance tasks among
organizational, intermediate, depot, or other
activities;
``(B) the planned duration and interval of
maintenance for all depot-level maintenance
availabilities; and
``(C) the planned duration and interval of drydock
maintenance periods.
``(2) Any contractually required integrated logistics
support deliverables for the ship, including technical manuals,
and an identification of--
``(A) the deliverables provided to the Government on
or before the delivery date; and
``(B) the deliverables not provided to the
Government on or before the delivery date and the
expected dates those deliverables will be provided to
the Government.
``(3) The planned maintenance system for the ship,
including--
``(A) the elements of the system, including
maintenance requirement cards, completed on or before
the delivery date;
``(B) the elements of the system not completed on or
before the delivery date and the expected completion
date of those elements; and
``(C) the plans to complete planned maintenance from
the delivery date until all elements of the system have
been completed.
``(4) <<NOTE: List.>> The coordinated shipboard allowance
list for the class, including--
``(A) the items on the list onboard on or before the
delivery date; and
``(B) the items on the list not onboard on or before
the delivery date and the expected arrival date of those
items.
``(5) The ship manpower document for the class, including--
``(A) the number of officers by grade and
designator; and
``(B) the number of enlisted personnel by rate and
rating.
``(6) <<NOTE: Time period.>> The personnel billets
authorized for the ship for the fiscal year in which the ship is
delivered and each of the four fiscal years thereafter,
including--
``(A) the number of officers by grade and
designator; and
``(B) the number of enlisted personnel by rate and
rating.
``(7) Programmed funding for manning and end strength on the
ship for the fiscal year in which the ship is delivered and each
of the four fiscal years thereafter, including--
[[Page 136 STAT. 2766]]
``(A) the number of officers by grade and
designator; and
``(B) the number of enlisted personnel by rate and
rating.
``(8) Personnel assigned to the ship on the delivery date,
including--
``(A) the number of officers by grade and
designator; and
``(B) the number of enlisted personnel by rate and
rating.
``(9) For each critical hull, mechanical, electrical,
propulsion, and combat system of the class as so designated by
the Senior Technical Authority pursuant to section
8669b(c)(2)(C) of this title, the following:
``(A) The Government-provided training available for
personnel assigned to the ship at the time of delivery,
including the nature, objectives, duration, and location
of the training.
``(B) The contractor-provided training available for
personnel assigned to the ship at the time of delivery,
including the nature, objectives, duration, and location
of the training.
``(C) Plans to adjust how the training described in
subparagraphs (A) and (B) will be provided to personnel
after delivery, including the nature and timeline of
those adjustments.
``(10) The notional employment schedule of the ship for each
month of the fiscal year in which the ship is delivered and each
of the four fiscal years thereafter, including an identification
of time spent in the following phases:
``(A) Basic.
``(B) Integrated or advanced.
``(C) Deployment.
``(D) Maintenance.
``(E) Sustainment.
``(b) <<NOTE: Deadline.>> Notification Required.--Not less than 30
days before implementing a significant change to the baseline plans
described in subsection (a) or any subsequent significant change, the
Secretary of the Navy shall submit to the congressional defense
committees written notification of the change, including for each such
change the following:
``(1) An explanation of the change.
``(2) The desired outcome.
``(3) The rationale.
``(4) The duration.
``(5) The operational effects.
``(6) The budgetary effects, including--
``(A) for the year in which the change is made;
``(B) over the five years thereafter; and
``(C) over the expected service life of the relevant
class of battle force ships.
``(7) The personnel effects, including--
``(A) for the year in which the change is made;
``(B) over the five years thereafter; and
``(C) over the expected service life of the relevant
class of battle force ships.
``(8) The sustainment and maintenance effects, including--
[[Page 136 STAT. 2767]]
``(A) for the year in which the change is made;
``(B) over the five years thereafter; and
``(C) over the expected service life of the relevant
class of battle force ships.
``(c) Treatment of Certain Ships.--(1) For the purposes of this
section, the Secretary of the Navy shall treat as the first ship in a
new class of battle force ships the following:
``(A) U.S.S. John F. Kennedy (CVN-79).
``(B) U.S.S. Michael Monsoor (DDG-1001).
``(C) U.S.S. Jack H. Lucas (DDG-125).
``(2) For each ship described in paragraph (1), the Senior Technical
Authority shall identify critical systems for the purposes of subsection
(a)(9).
``(d) Definitions.--In this section:
``(1) The term `battle force ship' means the following:
``(A) A commissioned United States Ship warship
capable of contributing to combat operations.
``(B) A United States Naval Ship that contributes
directly to Navy warfighting or support missions.
``(2) The term `delivery' has the meaning provided for in
section 8671 of this title.
``(3) The term `Senior Technical Authority' has the meaning
provided for in section 8669b of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 863 of such title <<NOTE: 10 USC prec. 8661.>> is amended by
adding at the end the following new item:
``8696. Battle force ship employment, maintenance, and manning baseline
plans.''.
SEC. 1027. WITHHOLDING OF CERTAIN INFORMATION ABOUT SUNKEN
MILITARY CRAFTS.
Section 1406 of the Sunken Military Craft Act (title XIV of Public
Law 108-375; 10 U.S.C. 113 note) is amended by adding at the end the
following new subsection:
``(j) Withholding of Certain Information.--Pursuant to subparagraphs
(A)(ii) and (B) of section 552(b)(3) of title 5 United States Code, the
Secretary concerned may withhold from public disclosure information and
data about the location or related artifacts of a sunken military craft
under the jurisdiction of the Secretary, if such disclosure would
increase the risk of the unauthorized disturbance of one or more sunken
military craft.''.
SEC. 1028. <<NOTE: Deadlines.>> BUSINESS CASE ANALYSES ON
DISPOSITION OF CERTAIN GOVERNMENT-OWNED
DRY-DOCKS.
(a) AFDM-10.--Not later than June 1, 2023, the Secretary of the Navy
shall submit to the congressional defense committees the results of a
business case analysis for Auxiliary Floating Dock, Medium-10 (in this
section referred to as ``AFDM-10'') that compares the following options:
(1) The continued use of AFDM-10, in the same location and
under the same lease authorities in effect on the date of the
enactment of this Act.
(2) The relocation of AFDM-10 to Naval Station Everett,
including all infrastructure support requirement costs and
anticipated operating costs.
(3) The relocation and use of AFDM-10 in alternate locations
under the same lease authorities in effect on the date
[[Page 136 STAT. 2768]]
of the enactment of this Act, including all infrastructure
support requirement costs and anticipated operating costs.
(4) The relocation and use of AFDM-10 in alternate locations
under alternative lease authorities.
(5) The conveyance of AFDM-10 at a fair market rate to an
appropriate non-Government entity with expertise in the non-
nuclear ship repair industry.
(6) Such other options as the Secretary determines
appropriate.
(b) <<NOTE: California.>> Graving Dock at Naval Base, San Diego.--
Not later than June 1, 2023, the Secretary of the Navy shall submit to
the congressional defense committees the results of a business case
analysis for the Government-owned graving dock at Naval Base San Diego,
California, that compares the following options:
(1) The continued use of such graving dock, in accordance
with the utilization strategy described in the May 25, 2022
report to Congress entitled ``Navy Dry Dock Strategy for Surface
Ship Maintenance and Repair''.
(2) Such other options as the Secretary determines
appropriate.
(c) Matters for Evaluation.--The business case analyses required
under subsections (a) and (b) shall each include an evaluation of each
of the following:
(1) The extent to which the Secretary plans to execute a
consistent and balanced docking strategy that ensures the health
of private sector maintenance and repair capability and
capacity.
(2) <<NOTE: Requirements.>> Legal, regulatory, and other
requirements applicable to each of the options considered under
each such analysis, including environmental documentation, and
the effect that such requirements are projected to have on the
cost and schedule of such option.
(3) <<NOTE: Analysis.>> The extent to which the Secretary
is considering adding dry dock capacity, including an analysis
of the projected cost of adding such capacity and the potential
effects of adding such capacity on private sector repair and
maintenance facilities.
(4) The projected use by the Navy of Government and non-
Government dry docks assets through fiscal year 2027.
(5) For each option considered under each such analysis, the
projected implementation timeline and costs.
(6) For each option considered under each such analysis, the
relative maintenance capacity and output.
SEC. 1029. PROHIBITION ON RETIREMENT OF CERTAIN NAVAL VESSELS.
(a) In General.--None of the funds authorized to be appropriated by
this Act for fiscal year 2023 may be obligated or expended to retire,
prepare to retire, or place in storage--
(1) any of the naval vessels referred to in subsection (b);
or
(2) more than four Littoral Combat Ships.
(b) Naval Vessels.--The naval vessels referred to in this subsection
are the following:
(1) USS Vicksburg (CG 69).
(2) USS Germantown (LSD 42).
(3) USS Gunston Hall (LSD 44).
[[Page 136 STAT. 2769]]
(4) USS Tortuga (LSD 46).
(5) USS Ashland (LSD 48).
(6) USNS Montford Point (T-ESD 1).
(7) USNS John Glenn (T-ESD 2).
(c) <<NOTE: Evaluation.>> Littoral Combat Ships.--In the case of
any Littoral Combat Ship that is retired, prepared to retire, or placed
in storage using funds authorized to be appropriated by this Act for
fiscal year 2023, the Secretary of Defense shall ensure that such vessel
is evaluated for potential transfer to the military forces of a nation
that is an ally or partner of the United States.
Subtitle D--Counterterrorism
SEC. 1031. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR TRANSFER
OR RELEASE OF INDIVIDUALS DETAINED AT
UNITED STATES NAVAL STATION, GUANTANAMO
BAY, CUBA, TO THE UNITED STATES.
Section 1033 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1953), as most
recently amended by section 1033 of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1901), is further
amended by striking ``December 31, 2022'' and inserting ``December 31,
2023''.
SEC. 1032. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CONSTRUCT
OR MODIFY FACILITIES IN THE UNITED
STATES TO HOUSE DETAINEES TRANSFERRED
FROM UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA.
Section 1034(a) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1954), as most
recently amended by section 1034 of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1901), is further
amended by striking ``December 31, 2022'' and inserting ``December 31,
2023''.
SEC. 1033. MODIFICATION AND EXTENSION OF PROHIBITION ON USE OF
FUNDS FOR TRANSFER OR RELEASE OF
INDIVIDUALS DETAINED AT UNITED STATES
NAVAL STATION, GUANTANAMO BAY, CUBA, TO
CERTAIN COUNTRIES.
Section 1035 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1954), as most
recently amended by section 1032 of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1901), is further
amended--
(1) by striking ``December 31, 2022'' and inserting
``December 31, 2023'';
(2) by redesignating paragraphs (1) through (4) as
paragraphs (2) through (5), respectively; and
(3) by inserting before paragraph (2), as so redesignated,
the following new paragraph:
``(1) Afghanistan.''.
SEC. 1034. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CLOSE OR
RELINQUISH CONTROL OF UNITED STATES
NAVAL STATION, GUANTANAMO BAY, CUBA.
Section 1036 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 131 Stat. 1551), as most
[[Page 136 STAT. 2770]]
recently amended by section 1035 of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1901), is further
amended by striking ``2022'' and inserting ``2023''.
Subtitle E--Miscellaneous Authorities and Limitations
SEC. 1041. SUBMISSION OF NATIONAL DEFENSE STRATEGY IN CLASSIFIED
AND UNCLASSIFIED FORM.
Section 113(g)(1)(D) of title 10, United States Code, is amended by
striking ``in classified form with an unclassified summary.'' and
inserting ``in both classified and unclassified form. The unclassified
form may not be a summary of the classified document.''.
SEC. 1042. DEPARTMENT OF DEFENSE SUPPORT FOR FUNERALS AND MEMORIAL
EVENTS FOR MEMBERS AND FORMER MEMBERS OF
CONGRESS.
(a) In General.--Chapter 3 of title 10, United States Code, is
amended by inserting after section 130 the following new section:
``Sec. 130a. <<NOTE: 10 USC 130a.>> Department of Defense support
for funerals and memorial events for Members and
former Members of Congress
``(a) Support for Funerals.--Subject to subsection (b), the
Secretary of Defense may provide such support as the Secretary considers
appropriate for a funeral or memorial event for a Member or former
Member of Congress, including support with respect to transportation to
and from such a funeral or memorial event, in accordance with this
section.
``(b) Requests for Support; Secretary Determination.--The Secretary
may provide support under this section--
``(1) upon request from the Speaker of the House of
Representatives, the Minority Leader of the House of
Representatives, the Majority Leader of the Senate, or the
Minority Leader of the Senate; or
``(2) if the Secretary determines such support is necessary
to carry out duties or responsibilities of the Department of
Defense.
``(c) Use of Funds.--The Secretary may use funds authorized to be
appropriated for operation and maintenance to provide support under this
section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter <<NOTE: 10 USC prec. 121.>> is amended by inserting after
the item relating to section 130 the following new item:
``130a. Department of Defense support for funerals and memorial events
for Members and former Members of Congress.''.
SEC. 1043. MODIFICATION OF AUTHORITY FOR HUMANITARIAN DEMINING
ASSISTANCE AND STOCKPILED CONVENTIONAL
MUNITIONS ASSISTANCE.
(a) Location of Assistance.--Section 407 of title 10, United States
Code, is amended--
(1) in subsection (a)(1)--
(A) in the matter preceding subparagraph (A)--
[[Page 136 STAT. 2771]]
(i) by striking ``carry out'' and inserting
``provide''; and
(ii) by striking ``in a country'' and
inserting ``to a country''; and
(B) in subparagraph (A), by striking ``in which the
activities are to be carried out'' and inserting ``to
which the assistance is to be provided''; and
(2) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``in which'' and inserting
``to which''; and
(ii) by striking ``carried out'' and inserting
``provided'';
(B) in paragraph (2), by striking ``carried out in''
and inserting ``provided to'';
(C) in paragraph (3)--
(i) by striking ``in which'' and inserting
``to which''; and
(ii) by striking ``carried out'' and inserting
``provided''; and
(D) in paragraph (4), by striking ``in carrying out
such assistance in each such country'' and inserting
``in providing such assistance to each such country''.
(b) Expenses.--Subsection (c) of such section 407 is amended--
(1) in paragraph (2), by adding at the end the following new
subparagraph:
``(C) Travel, transportation, and subsistence expenses of
foreign personnel to attend training provided by the Department
of Defense under this section.''; and
(2) by striking paragraph (3).
(c) Report.--Subsection (d) of such section 407, as amended by
subsection (a)(2) of this section, is further amended in the matter
preceding paragraph (1), by striking ``include in the annual report
under section 401 of this title a separate discussion of'' and inserting
``submit to the Committee on Armed Services and the Committee on Foreign
Relations of the Senate and the Committee on Armed Services and the
Committee on Foreign Affairs of the House of Representatives a report
on''.
SEC. 1044. MODIFICATION OF PROVISIONS RELATING TO ANOMALOUS HEALTH
INCIDENTS.
(a) Cross-functional Team.--Section 910 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 111
note) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``and any other''
and all that follows through ``necessary; and'' and
inserting ``, including the causation, attribution,
mitigation, identification, and treatment for such
incidents;'';
(B) in paragraph (2)--
(i) by inserting ``and deconflict'' after
``integrate'';
(ii) by striking ``agency'' and inserting
``agencies''; and
(iii) by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
[[Page 136 STAT. 2772]]
``(3) any other efforts regarding such incidents that the
Secretary considers appropriate.''; and
(2) in subsection (e)(2), by striking ``90 days'' and all
that follows through ``of enactment'' and inserting ``March 1,
2023, and not less frequently than once every 180 days
thereafter until March 1, 2026''.
(b) Access to Certain Facilities of Department of Defense.--Section
732 of the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81; 135 Stat. 1797; 10 U.S.C. 1071 note) is amended--
(1) in the section heading, by striking ``united states
government employees and their family members'' and inserting
``covered individuals'';
(2) in subsection (a), by striking ``employees of the United
States Government and their family members who'' and inserting
``covered individuals whom'';
(3) in subsection (c), by striking ``employees from those
agencies and their family members'' and inserting ``covered
individuals'';
(4) in subsection (d)--
(A) by striking ``employees of the United States
Government and their family members'' and inserting
``covered individuals''; and
(B) by striking ``subject to an agreement by the
employing agency and the consent of the employee'' and
inserting ``subject to the consent of the covered
individual and, if applicable, an agreement with the
employing agency''; and
(5) by adding at the end the following new subsection:
``(e) Covered Individuals Defined.--In this section, the term
`covered individuals' means--
``(1) current and former employees of the United States
Government and their family members; and
``(2) current and former members of the Armed Forces and
their family members.''.
SEC. 1045. <<NOTE: 10 USC 1564 note.>> SECURITY CLEARANCES FOR
RECENTLY SEPARATED MEMBERS OF THE ARMED
FORCES AND CIVILIAN EMPLOYEES OF THE
DEPARTMENT OF DEFENSE.
(a) Improvements.--
(1) <<NOTE: Deadline. Process.>> In general.--No later than
September 30, 2023, the Secretary of Defense, in coordination
with the Director of National Intelligence when acting as the
Security Executive Agent, shall establish a process to--
(A) <<NOTE: Determination.>> determine, on the date
on which a covered individual separates from the Armed
Forces or the Department of Defense (as the case may
be), whether the covered individual held an eligibility
to access classified information or to occupy a
sensitive position immediately prior to such separation
and requires an eligibility of an equal or lower level
for employment as a covered contractor, except as
provided in subsection (b);
(B) ensure that the re-establishment of trust of a
covered individual's eligibility to occupy a sensitive
position takes place expeditiously, in accordance with
applicable laws, Executive Orders, or Security Executive
Agent policy; and
[[Page 136 STAT. 2773]]
(C) ensure that any additional security processing
required to re-establish trust to reinstate a covered
individual's eligibility to access classified
information or occupy a sensitive position takes place
expeditiously.
(2) Coast guard.--In the case of a member of the Armed
Forces who is a member of the Coast Guard, the Secretary of
Defense shall carry out paragraph (1) in consultation with the
Secretary of the Department in which the Coast Guard is
operating.
(b) Exceptions.--
(1) In general.--Subsection (a) shall not apply with respect
to a covered individual--
(A) whose previously held security clearance is, or
was as of the date of separation of the covered
individual, under review as a result of one or more
potentially disqualifying factors or conditions that
have not been fully investigated or mitigated; or
(B) in the case of a member of the Armed Forces, who
separated from the Armed Forces under other than
honorable conditions.
(2) Clarification of review exception.--The exception
specified in paragraph (1)(A) shall not apply with respect to a
routine periodic reinvestigation or a continuous vetting
investigation in which no potentially disqualifying factors or
conditions have been found.
(c) Definitions.--In this section:
(1) The term ``covered contractor'' means an individual who
is employed by an entity that carries out work under a contract
with the Department of Defense or an element of the intelligence
community.
(2) The term ``covered individual'' means a former member of
the Armed Forces or a former civilian employee of the Department
of Defense.
(3) The term ``intelligence community'' has the meaning
given that term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
SEC. 1046. <<NOTE: Deadlines. 10 USC 111 note.>> INTEGRATED AND
AUTHENTICATED ACCESS TO DEPARTMENT OF
DEFENSE SYSTEMS FOR CERTAIN
CONGRESSIONAL STAFF FOR OVERSIGHT
PURPOSES.
(a) <<NOTE: Processes. Procedures.>> In General.--The Secretary of
Defense shall develop processes and procedures under which the Secretary
shall issue access tokens to staff of the congressional defense
committees to facilitate the performance of required congressional
oversight activities. Such access tokens shall--
(1) provide designated and authenticated staff with access
to designated Department of Defense information systems,
including--
(A) the reporting system described in section 805(b)
of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81) that will replace the
Selected Acquisition Report requirements under section
4351 of title 10, United States Code; and
(B) the process referred to in section 908 of the
William (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283) that is
used by the Department of Defense to identify reports to
Congress
[[Page 136 STAT. 2774]]
required by annual national defense authorization Acts,
assign responsibility for preparation of such reports,
and manage the completion and delivery of such reports
to Congress; and
(2) to the extent feasible, be integrated with the provision
of Pentagon Facilities Alternative Credentials.
(b) Implementation.--The Secretary shall implement the processes and
procedures developed under subsection (a) not later than 180 days after
the date of the enactment of this Act.
(c) Interim Briefing.--Not later than 90 days after the date of the
enactment of the Act, the Secretary of Defense shall provide to the
congressional defense committees an interim briefing on the status of
the processes and procedures required to be developed under subsection
(a), including any updates to applicable policies, instructions, and
guidance issued by the Department.
SEC. 1047. <<NOTE: 10 USC 113 note.>> INTRODUCTION OF ENTITIES IN
TRANSACTIONS CRITICAL TO NATIONAL
SECURITY.
(a) <<NOTE: Determination.>> In General.--The Secretary of Defense
may facilitate the introduction of entities for the purpose of
discussing a covered transaction that the Secretary has determined is in
the national security interests of the United States.
(b) Covered Transaction Defined.--The term ``covered transaction''
means a transaction that the Secretary has reason to believe would
likely involve an entity affiliated with a strategic competitor unless
an alternative transaction were to occur.
SEC. 1048. JOINT TRAINING PIPELINE BETWEEN UNITED STATES NAVY AND
ROYAL AUSTRALIAN NAVY.
(a) <<NOTE: Effective date.>> Exchange Program.--Beginning in 2023,
the Secretary of Defense, in consultation with the Secretary of Energy,
may carry out an exchange program for Australian submarine officers to
implement one or more agreements entered into under the enhanced
trilateral security partnership referred to as ``AUKUS''. Under such a
program, to the extent consistent with one or more AUKUS agreements--
(1) a minimum of two Australian submarine officers may
participate in the United States Navy officer training program
for officers who are assigned to duty on nuclear powered
submarines; and
(2) following the successful completion of all aspects of
such training, such officers may be assigned to duty on an
operational United States submarine.
(b) <<NOTE: Deadline.>> Briefing.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense shall
provide the congressional defense committees with a briefing on a
notional exchange program for Australian submarine officers that
includes initial, follow-on, and recurring training that could be
provided to Australian submarine officers in order prepare such officers
for command of nuclear-powered Australian submarines.
SEC. 1049. STANDARDIZATION OF SECTIONAL BARGE CONSTRUCTION FOR
DEPARTMENT OF DEFENSE USE ON RIVERS AND
INTERCOASTAL WATERWAYS.
With respect to the procurement of a sectional barge for the
Department of Defense on or after December 31, 2023, the Secretary of
Defense shall, to the extent practicable--
[[Page 136 STAT. 2775]]
(1) <<NOTE: Requirement.>> ensure the solicitation for such
sectional barge includes a requirement for a design that has
been approved by the American Bureau of Shipping, using its rule
set for building and classing steel vessels, for service on
rivers and intercoastal waterways; or
(2) <<NOTE: Compliance.>> prioritize prime contractors that
are in compliance with ISO 9001:2015 of the International
Organization for Standardization (or successor standard) in
awarding contracts pursuant to such procurement.
SEC. 1050. DEPARTMENT OF DEFENSE SUPPORT FOR RECENTLY ENACTED
COMMISSIONS.
(a) <<NOTE: Reimbursement.>> Assistance From Department of
Defense.--At the request of a covered commission, the Secretary of
Defense may provide to the covered commission, on a reimbursable basis,
such services, funds, facilities, staff, and other support services as
necessary for the performance of the functions of the commission.
Amounts provided to a covered commission pursuant to this section may be
provided from amounts appropriated for the Department of Defense, as
provided in advance in appropriations Acts.
(b) Covered Commission Defined.--In this section, the term ``covered
commission'' means a commission established pursuant to any of the
following sections of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81):
(1) Section 1004 (Commission on Planning, Programming,
Budgeting, and Execution Reform).
(2) section 1091 (National Security Commission on Emerging
Biotechnology).
(3) section 1094 (Afghanistan War Commission).
(4) section 1095 (Commission on the National Defense
Strategy).
(5) section 1687 (Congressional Commission on the Strategic
Posture of the United States).
Subtitle F--Studies and Reports
SEC. 1051. MODIFICATION OF ANNUAL REPORT ON UNFUNDED PRIORITIES.
Section 222a of title 10, United States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``to be
achieved'' and inserting ``outlined in the
national defense strategy required under section
113(g) of this title and the National Military
Strategy required under section 139(b) of this
title to be advanced''; and
(ii) by adding at the end the following new
subparagraph:
``(D) <<NOTE: Assessment.>> A detailed assessment
of each specific risk that would be reduced in executing
the national defense strategy required under section
113(g) of this title and the National Military Strategy
required under section 139(b) of this title if such
priority is funded (whether in whole or in part).''; and
(B) in paragraph (2)(A), by inserting ``according to
the amount of risk reduced'' after ``priority'';
[[Page 136 STAT. 2776]]
(2) by adding redesignating subsection (d) as subsection
(e); and
(3) by inserting after subsection (c) the following new
subsection (d):
``(d) Prioritization.--Not later than 10 days after the receipt of
the all of the reports referred to in subsection (a), the Secretary of
Defense, in consultation with the Chairman of the Joint Chiefs of Staff,
shall submit to the congressional defense committees a report that
prioritizes each specific unfunded priority across all unfunded
priorities submitted by officers specified in (b) according to the risk
reduced in executing the national defense strategy required under
section 113(g) of this title and the National Military Strategy required
under section 139(b) of this title.''.
SEC. 1052. CONGRESSIONAL NOTIFICATION OF MILITARY INFORMATION
SUPPORT OPERATIONS IN THE INFORMATION
ENVIRONMENT.
(a) In General.--Chapter 19 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 398. <<NOTE: 10 USC 398.>> Military information support
operations in information environment
``(a) Congressional Notification Requirement.--(1) Not later than 48
hours after the execution of any new military information support
operation plan (in this section referred to as a `MISO plan') approved
by the commander of a combatant command, or any change in scope of any
existing MISO plan, including any underlying MISO supporting plan, the
Secretary of Defense shall promptly submit to the congressional defense
committees notice in writing of such approval or execution of change in
scope.
``(2) A notification under paragraph (1) with respect to a MISO plan
shall include each of the following:
``(A) A description of the military information support
operation program (in this section referred to as a `MISO
program') supported by the MISO plan.
``(B) A description of the objectives of the MISO plan.
``(C) A description of the intended target audience for
military information support operation activities under the MISO
plan.
``(D) A description of the tactics, techniques, and
procedures to be used in executing the MISO plan.
``(E) A description of the personnel engaged in supporting
or facilitating the operation.
``(F) The amount of funding anticipated to be obligated and
expended to execute the MISO plan during the current and
subsequent fiscal years.
``(G) The expected duration and desired outcome of the MISO
plan.
``(H) Any other elements the Secretary determines
appropriate.
``(3) To the maximum extent practicable, the Secretary shall ensure
that the congressional defense committees are notified promptly of any
unauthorized disclosure of a clandestine military support operation
covered by this section. A notification under this subsection may be
verbal or written, but in the event of
[[Page 136 STAT. 2777]]
a verbal notification, the Secretary shall provide a written
notification by not later than 48 hours after the provision of the
verbal notification.
``(b) Annual Report.--Not later than 90 days after the last day of
any fiscal year during which the Secretary conducts a MISO plan, the
Secretary shall submit to the congressional defense committees a report
on all such MISO plans conducted during such fiscal year. Such report
shall include each of the following:
``(1) <<NOTE: List.>> A list of each MISO program and the
combatant command responsible for the program.
``(2) For each MISO plan--
``(A) a description of the plan and any supporting
plans, including the objectives for the plan;
``(B) a description of the intended target audience
for the activities carried out under the plan and the
means of distribution; and
``(C) <<NOTE: Costs.>> the cost of executing the
plan.
``(c) Prohibition on Clandestine Operations Designed to Influence
Opinions and Politics in United States.--None of the funds authorized to
be appropriated or otherwise made available for the Department of
Defense for any fiscal year may be used to conduct a clandestine
military information support operation that is designed to influence--
``(1) any political process taking place in the United
States;
``(2) the opinions of United States persons;
``(3) United States policies; or
``(4) media produced by United States entities for United
States persons.''.
(b) <<NOTE: 10 USC prec. 391.>> Clerical Amendment.--The table of
sections at the beginning of such chapter is amended by adding at the
end the following new item:
``398. Military information support operations in information
environment.''.
SEC. 1053. MODIFICATION AND CONTINUATION OF REPORTING REQUIREMENT
RELATING TO HUMANITARIAN ASSISTANCE.
(a) Modification.--Section 2561(c)(3) of title 10, United States
Code, is amended--
(1) in subparagraph (A), by striking ``relief'' and
inserting ``assistance''; and
(2) by striking subparagraphs (B) and (C) and inserting the
following new subparagraphs:
``(B) <<NOTE: List.>> A comprehensive list of humanitarian
assistance efforts for which support was provided under this
section, disaggregated by foreign partner country, amount
obligated, and purpose specified in subsection (b).
``(C) A description of the manner in which such efforts
address--
``(i) the humanitarian needs of the foreign partner
country; and
``(ii) Department of Defense objectives and broader
United States national security objectives.
``(D) A description of any transfer of nonlethal excess
supplies of the Department of Defense made available for
humanitarian relief purposes under section 2557 of this title,
including, for each such transfer--
``(i) the date of the transfer;
[[Page 136 STAT. 2778]]
``(ii) the entity to which the transfer is made; and
``(iii) the quantity of items transferred.''.
(b) Continuation of Reporting Requirement.--
(1) <<NOTE: 10 USC 111 note.>> In general.--Section 1080(a)
of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 129 Stat. 1000; 10 U.S.C. 111 note) does not
apply to the report required to be submitted to Congress under
section 2561(c) of title 10, United States Code.
(2) Conforming repeal.--Section 1061(c) of National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10
U.S.C. 111 note) is amended by striking paragraph (48).
SEC. 1054. BRIEFING ON GLOBAL FORCE MANAGEMENT ALLOCATION PLAN.
Section 1074(c) of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81) <<NOTE: 135 Stat. 1916.>> is amended by
adding at the end the following new paragraph:
``(4) For each major modification to global force allocation
made during the preceding fiscal year that deviated from the
Global Force Management Allocation Plan for that fiscal year--
``(A) <<NOTE: Analysis.>> an analysis of the costs
of such modification;
``(B) <<NOTE: Assessment.>> an assessment of the
risks associated with such modification, including
strategic risks, operational risks, and risks to
readiness; and
``(C) a description of any strategic trade-offs
associated with such modification.''.
SEC. 1055. REPORT AND BUDGET DETAILS REGARDING OPERATION SPARTAN
SHIELD.
Section 1225(b) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) <<NOTE: 10
USC 221 note.>> is amended--
(1) in paragraph (6) by striking ``; and'' and inserting a
semicolon;
(2) by redesignating paragraph (7) as paragraph (11); and
(3) by inserting after paragraph (6), the following new
paragraphs:
``(7) <<NOTE: List.>> a list of all countries in which Task
Force Spartan operated during the prior fiscal year;
``(8) a description of activities conducted pursuant to the
operation to build the military readiness of partner forces
during the prior fiscal year, including--
``(A) training exercises;
``(B) joint exercises; and
``(C) bilateral or multilateral exchanges;
``(9) <<NOTE: Assessment.>> an assessment of the extent to
which the activities described in paragraph (8) improved--
``(A) the military readiness of such partner forces;
``(B) the national security of the United States;
and
``(C) the national security of allies and partners
of the United States;
``(10) a description of criteria used to make the assessment
required under paragraph (9); and''.
[[Page 136 STAT. 2779]]
SEC. 1056. ANNUAL REPORT ON CIVILIAN CASUALTIES IN CONNECTION WITH
UNITED STATES MILITARY OPERATIONS.
(a) In General.--Section 1057(b) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91) <<NOTE: 10
USC 113 note.>> is amended--
(1) in paragraph (1), by striking ``that were confirmed, or
reasonably suspected, to have resulted in civilian casualties''
and inserting ``that resulted in civilian casualties that have
been confirmed or are reasonably suspected to have occurred'';
(2) in paragraph (2)--
(A) in subparagraph (B), by inserting ``, including,
to the extent practicable, the closest town, city, or
identifiable place'' after ``location'';
(B) in subparagraph (D), by inserting before the
period the following: ``, including the specific
justification or use of authority for each strike
conducted'';
(C) in subparagraph (E), by inserting before the
period at the end the following: ``, formulated as a
range, if necessary, and including, to the extent
practicable, information regarding the number of men,
women, and children involved''; and
(D) by adding at the end the following new
subparagraphs:
``(F) <<NOTE: Summary.>> A summary of the
determination of each completed civilian casualty
assessment or investigation.
``(G) For each assessment or investigation of an
incident that resulted in civilian casualties--
``(i) whether the Department conducted any
witness interviews or site visits occurred, and if
not, an explanation of why not; and
``(ii) whether information pertaining to the
incident that was collected by one or more non-
governmental entities was considered, if such
information exists.''; and
(3) by striking paragraph (4) and inserting the following
new paragraph (4):
``(4) A description of any new or updated civilian harm
policies and procedures implemented by the Department of
Defense.''.
(b) <<NOTE: Effective dates. 10 USC 113 note.>> Applicability.--The
amendments made by this section shall apply as follows:
(1) Except as provided in paragraph (2), the amendments made
by this section shall apply with respect to a report submitted
on or after May 1, 2024.
(2) The amendments made by subparagraphs (A) and (B) of
subsection (a)(2) shall apply with respect to a report submitted
after the date of the enactment of this Act.
SEC. 1057. EXTENSION OF CERTAIN REPORTING DEADLINES.
(a) Commission on Planning, Programming, Budgeting, and Execution
Reform.--Section 1004(g) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1886) is amended--
(1) in paragraph (1), by striking ``February 6, 2023'' and
inserting ``August 6, 2023''; and
(2) in paragraph (2), by striking ``September 1, 2023'' and
inserting ``March 1, 2024''.
[[Page 136 STAT. 2780]]
(b) National Security Commission on Emerging Biotechnology.--Section
1091(g) of the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81; 135 Stat. 1931) is amended--
(1) in paragraph (1), by striking ``2 years after'' and
inserting ``3 years after''; and
(2) in paragraph (2), by striking ``1 year after'' and
inserting ``2 years after''.
(c) Commission on the National Defense Strategy.--Section 1095(g) of
the National Defense Authorization Act for Fiscal Year 2022 (Public Law
117-81; 135 Stat. 1945) is amended--
(1) in paragraph (1), by striking ``one year after'' and
inserting ``two years after''; and
(2) in paragraph (2), by striking ``180 days after'' and
inserting ``one year after''.
(d) Congressional Commission on the Strategic Posture of the United
States.--Section 1687(d) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 2128) is amended--
(1) in paragraph (1), by striking ``December 31, 2022'' and
inserting ``July 31, 2023''; and
(2) in paragraph (3), by striking ``180 days after'' and
inserting ``one year after''.
SEC. 1058. EXTENSION AND MODIFICATION OF REPORTING REQUIREMENT
REGARDING ENHANCEMENT OF INFORMATION
SHARING AND COORDINATION OF MILITARY
TRAINING BETWEEN DEPARTMENT OF HOMELAND
SECURITY AND DEPARTMENT OF DEFENSE.
Section 1014(d) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328) <<NOTE: 10 USC 271 note.>> is amended--
(1) in paragraph (1)(B)(iv)--
(A) by striking ``(iii)--'' and inserting ``(iii),
the following:''; and
(B) by adding at the end the following new
subclauses:
``(VIII) The methodology used for
making cost estimates in the evaluation
of a request for assistance.
``(IX) The extent to which the
fulfillment of the request for
assistance affected readiness of the
Armed Forces, including members of the
reserve components.''; and
(2) in paragraph (3), by striking ``December 31, 2023'' and
inserting ``December 31, 2024''.
SEC. 1059. CONTINUATION OF REQUIREMENT FOR ANNUAL REPORT ON
NATIONAL GUARD AND RESERVE COMPONENT
EQUIPMENT.
(a) <<NOTE: 10 USC 111 note.>> In General.--Section 1080(a) of the
National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-
92; 129 Stat. 1000; 10 U.S.C. 111 note) does not apply to the report
required to be submitted to Congress under section 10541 of title 10,
United States Code.
(b) Conforming Repeal.--Section 1061(c) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328); 130 Stat.
2402; 10 U.S.C. 111 note) is amended by striking paragraph (62).
[[Page 136 STAT. 2781]]
SEC. 1060. MODIFICATION OF AUTHORITY OF SECRETARY OF DEFENSE TO
TRANSFER EXCESS AIRCRAFT TO OTHER
DEPARTMENTS OF THE FEDERAL GOVERNMENT
AND AUTHORITY TO TRANSFER EXCESS
AIRCRAFT TO STATES.
Section 1091 of the National Defense Authorization Act for Fiscal
Year 2013 (Public Law 112-239; 10 U.S.C. 2576 note) is amended--
(1) in the section heading, by inserting ``and to states''
after ``federal government'';
(2) in subsection (a), in the first sentence, by striking
``and the Secretary of Homeland Security for use by the Forest
Service and the United States Coast Guard'' and inserting ``for
use by the Forest Service, to the Secretary of Homeland Security
for use by the United States Coast Guard, and to the Governor of
a State'';
(3) in subsection (b)--
(A) in paragraph (1), by striking ``or the United
States Coast Guard as a suitable platform to carry out
their respective missions'' and inserting ``, the United
States Coast Guard, or the Governor of a State, as the
case may be, as a suitable platform to carry out
wildfire suppression, search and rescue, or emergency
operations pertaining to wildfires'';
(B) in paragraph (3), by striking ``; and'' and
inserting a semicolon;
(C) in paragraph (4), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following new
paragraph:
``(5) in the case of aircraft to be transferred to the
Governor of a State, acceptable for use by the State, as
determined by the Governor.'';
(4) by striking subsection (c);
(5) by redesignating subsections (d) through (g) as
subsections (c) through (f), respectively;
(6) in subsection (c), as so redesignated--
(A) in paragraph (1)--
(i) by striking ``up to seven''; and
(ii) by inserting ``the Governor of a State or
to'' after ``offered to''; and
(B) by amending paragraph (2) to read as follows:
``(2) <<NOTE: Notice.>> Expiration of right of refusal.--A
right of refusal afforded the Secretary of Agriculture or the
Secretary of Homeland Security under paragraph (1) with regards
to an aircraft shall expire upon official notice of such
Secretary to the Secretary of Defense that such Secretary
declines such aircraft.'';
(7) in subsection (d), as so redesignated--
(A) in the matter preceding paragraph (1), by
inserting ``or to the Governor of a State'' after ``the
Secretary of Agriculture'';
(B) in paragraph (1), by striking ``wildfire
suppression purposes'' and inserting ``purposes of
wildfire suppression, search and rescue, or emergency
operations pertaining to wildfires''; and
(C) in paragraph (2)--
(i) by inserting ``, search and rescue,
emergency operations pertaining to wildfires,''
after ``efforts''; and
[[Page 136 STAT. 2782]]
(ii) by inserting ``or Governor of the State,
as the case may be,'' after ``Secretary of
Agriculture'';
(8) in subsection (e), as so redesignated, by striking ``or
the Secretary of Homeland Security'' and inserting ``, the
Secretary of Homeland Security, or the Governor of a State'';
(9) in subsection (f), as so redesignated, by striking ``and
the Secretary of Homeland Security'' and inserting ``, the
Secretary of Homeland Security, or the Governor of the State to
which such aircraft is transferred using only State funds''; and
(10) by adding at the end the following new subsection:
``(g) Reporting.--Not later than December 1, 2022, and annually
thereafter, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
on aircraft transferred, during the fiscal year preceding the date of
such report, to--
``(1) the Secretary of Agriculture, the Secretary of
Homeland Security, or the Governor of a State under this
section;
``(2) the chief executive officer of a State under section
112 of the National Defense Authorization Act for Fiscal Year
2012 (Public Law 112-81; 125 Stat. 1318); or
``(3) the Secretary of the Air Force or the Secretary of
Agriculture under section 1098 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 127
Stat. 881).''.
SEC. 1061. COMBATANT COMMAND RISK ASSESSMENT FOR AIRBORNE
INTELLIGENCE, SURVEILLANCE, AND
RECONNAISSANCE.
(a) In General.--Not later than 90 days after the date on which the
Secretary of Defense submits to Congress the materials in support of the
budget for any fiscal year, or the date on which any of the military
departments otherwise proposes to retire or otherwise divest any
airborne intelligence, surveillance, and reconnaissance capabilities,
the Vice Chairman of the Joint Chiefs of Staff, in coordination with the
commanders of each of the geographic combatant commands, shall submit to
the congressional defense committees a report containing an assessment
of the level of operational risk to each such command posed by the
proposed retirement or divestment with respect to the capability of the
command to meet near-, mid-, and far-term contingency and steady-state
requirements against adversaries in support of the objectives of the
national defense strategy under section 113(g) of title 10, United
States Code.
(b) Risk Assessment.--In assessing levels of operational risk for
the purposes of subsection (a), the Vice Chairman and the commanders of
the geographic combatant commands shall use the military risk matrix of
the Chairman of the Joint Chiefs of Staff, as described in CJCS
Instruction 3401.01E, or any successor instruction.
(c) <<NOTE: Definition.>> Geographic Combatant Command.--In this
section, the term ``geographic combatant command'' means any of the
following:
(1) United States European Command.
(2) United States Indo-Pacific Command.
(3) United States Africa Command.
(4) United States Southern Command.
(5) United States Northern Command.
(6) United States Central Command.
[[Page 136 STAT. 2783]]
(d) Termination.--The requirement to submit a report under this
section shall terminate on the date that is five years after the date of
the enactment of this Act.
SEC. 1062. STUDY ON MILITARY TRAINING ROUTES AND SPECIAL USE AIR
SPACE NEAR WIND TURBINES.
(a) Study and Report.--
(1) <<NOTE: Contracts.>> In general.--The Secretary of
Defense shall seek to enter into an agreement with a federally
funded research and development center to conduct a study to
identify low-level military training routes and special use
airspace that may be used by the Department of Defense to
conduct realistic training over and near wind turbines.
(2) Elements.--As part of the study under paragraph (1), the
federally funded research and development center that conducts
the study shall--
(A) identify and define the requirements for
military airspace that may be used for the training
described in paragraph (1), taking into consideration--
(i) the operational and training needs of the
Armed Forces; and
(ii) the threat environments of adversaries of
the United States, including the People's Republic
of China;
(B) identify possibilities for combining live,
virtual, and constructive flight training near wind
projects, both onshore and offshore;
(C) describe the airspace inventory required for
low-level training proficiency given current and
projected force structures;
(D) <<NOTE: Recommenda- tions.>> provide
recommendations for redesigning and properly sizing
special use air space and military training routes to
combine live and synthetic training in a realistic
environment;
(E) describe ongoing research and development
programs being utilized to mitigate effects of wind
turbines on low-level training routes; and
(F) identify current training routes affected by
wind turbines, any previous training routes that are no
longer in use because of wind turbines, and any training
routes projected to be lost due to wind turbines.
(3) Consultation.--In carrying out paragraph (1), the
Secretary of Defense shall consult with--
(A) the Under Secretary of Defense for Personnel and
Readiness;
(B) the Department of Defense Policy Board on
Federal Aviation; and
(C) the Federal Aviation Administration.
(4) Submittal to dod.--
(A) In general.--Not later than one year after the
date of the enactment of this Act, the federally funded
research and development center that conducts the study
under paragraph (1) shall submit to the Secretary of
Defense a report on the results of the study.
(B) Form.--The report under paragraph (1) shall be
submitted in unclassified form but may include a
classified annex.
[[Page 136 STAT. 2784]]
(5) <<NOTE: Records. Comments.>> Submittal to congress.--
Not later than 60 days after the date on which the Secretary of
Defense receives the report under paragraph (4), the Secretary
shall submit to the appropriate congressional committees an
unaltered copy of the report together with any comments the
Secretary may have with respect to the report.
(b) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means
the following:
(A) The congressional defense committees.
(B) The Committee on Transportation and
Infrastructure of the House of Representatives.
(C) The Committee on Commerce, Science, and
Transportation of the Senate.
(2) The term ``affected by wind turbines'' means a situation
in which the presence of wind turbines in the area of a low-
level military training route or special use airspace--
(A) prompted the Department of Defense to alter a
testing and training mission or to reduce previously
planned training activities; or
(B) prevented the Department from meeting testing
and training requirements.
SEC. 1063. ANNUAL REPORTS ON SAFETY UPGRADES TO THE HIGH MOBILITY
MULTIPURPOSE WHEELED VEHICLE FLEETS.
(a) Annual Reports.--Not later than March 1, 2023, and annually
thereafter until the date specified in subsection (c), the Secretaries
of the Army, Navy, and Air Force shall each submit to the Committees on
Armed Services of the Senate and House of Representatives a report on
the installation of safety upgrades to the high mobility multipurpose
wheeled vehicle fleets under the jurisdiction of the Secretary
concerned, including anti-lock brakes, electronic stability control, and
fuel tanks.
(b) Matters for Inclusion.--Each report required under subsection
(a) shall include, for the year covered by the report, each of the
following:
(1) The total number of safety upgrades necessary for the
high mobility multipurpose wheeled vehicle fleets under the
jurisdiction of the Secretary concerned.
(2) The total cumulative number of such upgrades completed
prior to the year covered by the report.
(3) A description of any such upgrades that were planned for
the year covered by the report.
(4) A description of any such upgrades that were made during
the year covered by the report and, if the number of such
upgrades was less than the number of upgrades planned for such
year, an explanation of the variance.
(5) If the total number of necessary upgrades has not been
made, a description of the upgrades planned for each year
subsequent to the year covered by the report.
(c) Termination.--No report shall be required under this section
after March 1, 2026.
SEC. 1064. <<NOTE: Time period.>> DEPARTMENT OF DEFENSE DELAYS IN
PROVIDING COMMENTS ON GOVERNMENT
ACCOUNTABILITY OFFICE REPORTS.
(a) <<NOTE: Termination date.>> Reports Required.--Not later than
180 days after the date of the enactment of this Act, and once every 180
days thereafter
[[Page 136 STAT. 2785]]
until the date that is 2 years after the date of the enactment of this
Act, the Comptroller General of the United States shall submit to the
congressional defense committees a report on the extent to which the
Department of Defense provided comments and sensitivity and security
reviews (for drafts tentatively identified as containing controlled
unclassified information or classified information) in a timely manner
and in accordance with the protocols of the Government Accountability
Office during the 180-day period preceding the date of the submittal of
the report.
(b) Requirements for GAO Report.--Each report under subsection (a)
shall include the following information for the period covered by the
report:
(1) The number of draft Government Accountability Office
reports for which the Government Accountability Office requested
comments from the Department of Defense, including an
identification of the reports for which a sensitivity or
security review was requested (separated by reports potentially
containing only controlled unclassified information and reports
potentially containing classified information) and the reports
for which such a review was not requested.
(2) The median and average number of days between the date
of the request for Department of Defense comments and the
receipt of such comments.
(3) The average number of days between the date of the
request for a Department of Defense sensitivity or security
review and the receipt of the results of such review.
(4) In the case of any such draft report for which the
Department of Defense failed to provide such comments or review
within 30 days of the request for such comments or review--
(A) the number of days between the date of the
request and the receipt of such comments or review; and
(B) a unique identifier, for purposes of identifying
the draft report.
(5) In the case of any such draft report for which the
Government Accountability Office provided an extension to the
Department of Defense--
(A) whether the Department provided the comments or
review within the time period of the extension; and
(B) a unique identifier, for purposes of identifying
the draft report.
(6) Any other information the Comptroller General determines
appropriate.
(c) DOD Responses.--Not later than 30 days after the Comptroller
General submits a report under subsection (a), the Secretary of Defense
shall submit to the congressional defense committees a response to such
report that includes each of the following:
(1) An identification of factors that contributed to any
delays identified in the report with respect to Department of
Defense comments and sensitivity or security reviews requested
by the Government Accountability Office.
(2) A description of any actions the Department of Defense
has taken or plans to take to address such factors.
(3) A description of any improvements the Department has
made in the ability to track timeliness in providing such
comments and sensitivity or security reviews.
[[Page 136 STAT. 2786]]
(4) Any other information the Secretary determines relevant
to the information contained in the report submitted by the
Comptroller General.
SEC. 1065. <<NOTE: 10 USC 113 note.>> JUSTIFICATION FOR TRANSFER
OR ELIMINATION OF CERTAIN FLYING
MISSIONS.
Prior to the relocation or elimination of any flying mission that
involves 50 personnel or more assigned to a unit performing that
mission, either with respect to an active or reserve component of a
military department, the Secretary of Defense shall submit to the
congressional defense committees a report describing the justification
of the Secretary for the decision to relocate or eliminate such flying
mission. <<NOTE: Analysis.>> Such report shall include each of the
following:
(1) A description of how the decision supports the national
defense strategy, the national military strategy, the North
American Aerospace Defense Command strategy, and other relevant
strategies.
(2) A specific analysis and metrics supporting such
decision.
(3) An analysis and metrics to show that the elimination or
relocation of the flying mission would not negatively affect
broader mission sets, such as the homeland defense mission.
(4) <<NOTE: Plan.>> A plan for how the Department of
Defense intends to fulfill or continue to meet the mission
requirements of the eliminated or relocated flying mission.
(5) <<NOTE: Assessment.>> An assessment of the effect of
the elimination or relocation on the national defense strategy,
the national military strategy, the North American Aerospace
Defense Command strategy, and broader mission sets, such as the
homeland defense mission.
(6) An analysis and metrics to show that the elimination or
relocation of the flying mission and its secondary and tertiary
impacts would not degrade capabilities and readiness of the
Joint Force.
(7) An analysis and metrics to show that the elimination or
relocation of the flying mission would not negatively affect the
continental United States national airspace system.
SEC. 1066. REPORTS ON UNITED STATES MILITARY FORCE PRESENCE IN
EUROPE.
(a) <<NOTE: Assessments.>> Report on United States Military Force
Posture and Resourcing Requirements in Europe.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report containing an
assessment of the United States military force posture
requirements for the United States European Command to support
the following objectives:
(A) Implementation of the national defense strategy
under section 113(g) of title 10, United States Code,
with respect to the area of responsibility of the United
States European Command.
(B) Fulfillment of the commitments of the United
States to NATO operations, missions, and activities, as
modified and agreed upon at the 2022 Madrid Summit.
(C) Reduction of the risk of executing the
contingency plans of the Department of Defense.
(2) Elements.--The report required under paragraph (1) shall
include the following:
[[Page 136 STAT. 2787]]
(A) For the Army, the Navy, the Air Force, the
Marine Corps, and the Space Force and for each
warfighting domain, a description of the force structure
and posture of assigned and allocated forces in Europe,
including consideration of the balance of permanently
stationed forces and forces rotating from the United
States, to support the objectives described in paragraph
(1).
(B) An assessment of the military training and all
domain exercises to support such objectives, including--
(i) training and exercises on
interoperability; and
(ii) joint activities with allies and
partners.
(C) An assessment of logistics requirements,
including personnel, equipment, supplies, pre-positioned
storage, host country support and agreements, and
maintenance needs, to support such objectives.
(D) An identification of required infrastructure,
facilities, and military construction investments to
support such objectives.
(E) A description of the requirements for United
States European Command integrated air and missile
defense throughout the area of responsibility of the
United States European Command.
(F) An assessment of United States security
cooperation activities and resources required to support
such objectives.
(G) A detailed assessment of the resources necessary
to address the elements described in subparagraphs (A)
through (F), categorized by the budget accounts for--
(i) procurement;
(ii) research, development, test, and
evaluation;
(iii) operation and maintenance;
(iv) military personnel; and
(v) military construction.
(H) <<NOTE: Timeline.>> The projected timeline to
achieve fulfillment of each such element.
(I) Any other information the Secretary considers
relevant.
(3) <<NOTE: Summary.>> Form.--The report required under
paragraph (1) may be submitted in classified form, but, if so,
it shall include an unclassified summary.
(b) Quarterly Reports on Expenditures for Planning and Design of
Infrastructure to Support Permanent United States Force Presence on
Europe's Eastern Flank.--
(1) In general.--The Commander of United States European
Command shall submit to the congressional defense committees
quarterly reports on the use of the funds described in paragraph
(3) until the date on which all such funds are expended.
(2) Contents.--Each report required under paragraph (1)
shall include an expenditure plan for the establishment of
infrastructure to support a permanent United States force
presence in the covered region.
(3) Funds described.--The funds described in this paragraph
are the amounts authorized to be appropriated or otherwise made
available for fiscal year 2023 for--
[[Page 136 STAT. 2788]]
(A) Operation and Maintenance, Air Force, for
Advanced Planning for Infrastructure to Support Presence
on NATO's Eastern Flank;
(B) Operation and Maintenance, Army, for Advanced
Planning for Infrastructure to Support Presence on
NATO's Eastern Flank; and
(C) Military Construction, Defense-wide, Planning &
Design: EUCOM-Infrastructure to Support Presence on
NATO's Eastern Flank.
(D) Military Construction, Defense-wide, Exercise-
related Minor Construction: EUCOM.
(4) <<NOTE: Definition.>> Covered region.--In this
subsection, the term ``covered region'' means Romania, Poland,
Lithuania, Latvia, Estonia, Hungary, Bulgaria, the Czech
Republic, and Slovakia.
SEC. 1067. REPORT ON DEPARTMENT OF DEFENSE PRACTICES REGARDING
DISTINCTION BETWEEN COMBATANTS AND
CIVILIANS IN UNITED STATES MILITARY
OPERATIONS.
(a) <<NOTE: Contracts.>> Report.--The Civilian Protection Center of
Excellence of the Department of Defense, as established under section
184 of title 10, United States Code, as added by section 1082 of this
Act, shall seek to enter into an agreement with an appropriate federally
funded research and development center to develop an independent report
on Department of Defense practices regarding distinguishing between
combatants and civilians in United States military operations.
(b) <<NOTE: Country listings. Standards.>> Elements.--The report
required under subsection (a) shall include the following matters:
(1) A description of how the Department of Defense has
differentiated between combatants and civilians in both ground
and air operations since 2001, including in Afghanistan, Iraq,
Syria, Somalia, Libya, and Yemen, including--
(A) relevant policy and legal standards and how
these standards were implemented in practice; and
(B) <<NOTE: Criteria.>> target engagement criteria.
(2) A description of how the Department of Defense has
differentiated between combatants and civilians when assessing
allegations of civilian casualties since 2001, including in
Afghanistan, Iraq, Syria, Somalia, Libya, and Yemen, including--
(A) relevant policy and legal standards and the
factual indicators these standards were applied to in
assessing claims of civilian casualties; and
(B) any other matters the Secretary of Defense
determines appropriate.
(c) <<NOTE: Records. Assessment.>> Submission of Report.--Not later
than one year after the date of the enactment of this Act, the Secretary
of Defense shall submit to the congressional defense committees a report
setting forth an unaltered copy of the federally funded research and
development center assessment required under this section, together with
the views of the Secretary on the assessment.
(d) Definition of United States Military Operation.--In this
section, the term ``United States military operations'' includes any
mission, strike, engagement, raid, or incident involving the United
States Armed Forces.
[[Page 136 STAT. 2789]]
SEC. 1068. REPORT ON STRATEGY AND IMPROVEMENT OF COMMUNITY
ENGAGEMENT EFFORTS OF ARMED FORCES IN
HAWAII.
(a) In General.--In an effort to better meet the future force
posture needs within the Indo-Pacific area of responsibility, the
Commander of the United States Indo-Pacific Command, in collaboration
with the Assistant Secretary of Defense for Energy, Installations, and
Environment, installation commanders, and the relevant theater component
commanders, shall--
(1) develop and implement a holistic strategy to--
(A) improve, standardize, and coordinate the
engagement efforts of the military with the local
community in Hawaii; and
(B) effectively communicate with such community for
the purpose of enhancing readiness; and
(2) enhance coordinated community engagement efforts (as
described in section 587 of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81)) in Hawaii.
(b) Report Required.--Not later than one year after the date of the
enactment of this Act, the Commander shall submit to the congressional
defense committees a report on the strategy and enhanced engagement
efforts implemented pursuant to subsection (a). Such report shall
include each of the following:
(1) <<NOTE: Plan.>> The plan of the Commander for
conducting education and training programs relating to
consultation and engagement with the local and native Hawaiian
community, including--
(A) a description of the outreach activities
conducted during fiscal years 2023 and 2024; and
(B) a description of the extent to which members of
the local and native Hawaiian community have been
involved in development of curricula, tentative dates,
locations, required attendees, and topics for the
education and training programs.
(2) <<NOTE: List.>> A list of all local and native Hawaiian
community groups involved or expected to be consulted in the
process of updating Department of Defense Instruction 4710.03
(or any successor document).
(3) <<NOTE: Recommenda- tions.>> Recommendations for
improving Department of Defense Instruction 4710.03 to reflect
best practices and provide continuity across the military
departments with respect to the practices, policies, training,
and personnel related to consultation with the local and native
Hawaiian community.
(4) <<NOTE: Timeline.>> A timeline for issuing the next
update or successor document to Department of Defense
Instruction 4710.03.
(5) <<NOTE: Recommenda- tions.>> Recommendations for the
enhancement and expansion of--
(A) Department of Defense education and training
programs relating to consultation and engagement with
the local and Native Hawaiian community; and
(B) outreach activities for all commands and
installations in Hawaii.
(c) Theater Component Commander.--In this section, the term
``theater component commander'' has the meaning given such term in
section 1513(8) of title 10, United States Code.
[[Page 136 STAT. 2790]]
SEC. 1069. REPORT ON DEPARTMENT OF DEFENSE MILITARY CAPABILITIES
IN THE CARIBBEAN.
(a) <<NOTE: Puerto Rico. Virgin Islands.>> In General.--Not later
than one year after the date of the enactment of this Act, the Secretary
of Defense, in consultation with the Secretary of State and the
Secretary of Homeland Security, shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on United
States military posture and capabilities in the Caribbean basin,
particularly in and around Puerto Rico and the United States Virgin
Islands.
(b) <<NOTE: Assessments.>> Elements.--The report required by
subsection (a) shall include the following:
(1) An assessment of United States military force posture
and capabilities in the Caribbean basin.
(2) An assessment of the feasibility, desirability, and cost
of increasing United States military posture and capabilities in
the Caribbean basin to--
(A) enhance access and influence and provide
forward-deployed capabilities to effectively implement
the national defense strategy and support strategic
competition with China and Russia;
(B) ensure, to the greatest extent possible, that
United States Northern Command and United States
Southern Command have the necessary assets to support
the defense of the United States homeland;
(C) confront the threats posed by transnational
criminal organizations and illicit trafficking in the
Caribbean basin, including by supporting interagency
partners in disrupting and degrading illicit trafficking
into the United States;
(D) improve surveillance capabilities and maximize
the effectiveness of counter-trafficking operations in
the Caribbean region;
(E) ensure, to the greatest extent possible, that
United States Northern Command and United States
Southern Command have the assets necessary to detect,
interdict, disrupt, or curtail illicit narcotics and
weapons trafficking activities within their respective
areas of operations in the Caribbean basin;
(F) respond to malign influences of foreign
governments, particularly including non-market
economies, in the Caribbean basin that harm United
States national security and regional security interests
in the Caribbean basin and in the Western Hemisphere;
and
(G) strengthen the ability of the security sector of
partner nations in the Caribbean basin to respond to,
and become more resilient in the face of, major
humanitarian or natural disasters, including to ensure
critical infrastructure and ports can come back online
rapidly following disasters.
(c) Form of Report.--The report required under subsection (a) shall
be submitted in unclassified form without any designation relating to
dissemination control, but may include a classified annex.
[[Page 136 STAT. 2791]]
SEC. 1070. QUARTERLY BRIEFINGS ON DEPARTMENT OF DEFENSE SUPPORT
FOR CIVIL AUTHORITIES TO ADDRESS
IMMIGRATION AT THE SOUTHWEST BORDER.
Not later than 30 days after the date of the enactment of this Act,
and every 90 days thereafter through December 31, 2024, the Assistant
Secretary of Defense for Homeland Defense or another Assistant Secretary
of Defense, as appropriate, shall provide an unclassified briefing to
the Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives, with a classified component,
if necessary, regarding--
(1) <<NOTE: Plans.>> Department of Defense planning to
address current and anticipated border support mission
requirements as part of the Department of Defense's annual
planning, programming, budgeting, and execution process;
(2) <<NOTE: Risk assessment.>> any Department of Defense
risk assessment with respect to the safety of Department of
Defense personnel conducted in evaluating any request for
assistance from the Department of Homeland Security during the
quarter covered by the briefing;
(3) <<NOTE: Updates. Mexico.>> any Department of Defense
efforts, or updates to existing efforts, to cooperate with
Mexico with respect to border security;
(4) the type of support that is currently being provided by
the Department of Defense along the southwest border of the
United States;
(5) the effect of such efforts and support on National Guard
readiness; and
(6) <<NOTE: Recommenda- tions.>> any recommendations of the
Department of Defense regarding the modification of the support
provided by the Department of Defense to the Department of
Homeland Security at the southwest border.
SEC. 1071. ANNUAL REPORT ON PROCUREMENT OF EQUIPMENT BY STATE AND
LOCAL GOVERNMENTS THROUGH THE DEPARTMENT
OF DEFENSE.
(a) In General.--The Secretary of Defense, in coordination with the
Administrator of General Services, shall submit to the Committees on
Armed Services of the Senate and House of Representatives an annual
report that includes current information on the purchase of equipment
under the procedures established under section 281(a) of title 10,
United States Code, and the recipients of such equipment.
(b) Matters for Inclusion.--Each report under subsection (a) shall
include the following for the year covered by the report:
(1) The catalog of equipment available for purchase under
subsection (c) of section 281 of title 10, United States Code.
(2) For each purchase of equipment under the procedures
established under subsection (a) of such section--
(A) the recipient State or unit of local government;
(B) the type of equipment;
(C) <<NOTE: Cost.>> the cost of the equipment; and
(D) the administrative costs under subsection (b) of
such section.
(3) Such other information the Secretary determines is
necessary.
[[Page 136 STAT. 2792]]
(c) Termination.--The requirement to submit a report under
subsection (a) shall terminate on the date that is five years after the
date of the enactment of this Act.
SEC. 1072. BRIEFING ON FINANCIAL OVERSIGHT OF CERTAIN EDUCATIONAL
INSTITUTIONS RECEIVING DEPARTMENT OF
DEFENSE FUNDS.
Not later than 180 days after the date of the enactment of this Act,
the Secretary of Defense shall provide to the Committees on Armed
Services of the Senate and the House of Representatives a briefing on
the methods used to assess the eligibility of educational institutions
for the receipt of payments under the payment method described in
section 668.162(d) of title 34, Code of Federal Regulations (as in
effect on the date of the enactment of this Act).
SEC. 1073. REPORT ON EFFECTS OF CERTAIN ETHICS REQUIREMENTS ON
DEPARTMENT OF DEFENSE HIRING, RETENTION,
AND OPERATIONS.
(a) Study.--
(1) <<NOTE: Contracts. Assessment.>> In general.--The
Secretary of Defense shall seek to enter into an agreement with
a federally funded research and development center under which
the center shall conduct a study to assess whether the covered
ethics requirements have had an effect on--
(A) the hiring or retention of personnel at the
Department of Defense, particularly those persons with
specialized experience or training; and
(B) the ability of the Department of Defense to
detect, deter, prevent, and redress violations of the
Standards of Ethical Conduct for Employees of the
Executive Branch and applicable statutory and regulatory
ethics requirements, including conflicts of interest, by
Department of Defense personnel.
(2) <<NOTE: Examinations.>> Elements.--A study conducted
pursuant to paragraph (1) shall include the following elements:
(A) An examination of how the covered ethics
requirements are inconsistent or incongruent with ethics
statutes, and any implementing regulations, that apply
to all executive branch employees.
(B) An examination of the relative degrees of risk
associated with the potential for violations of ethical
standards at the Department of Defense and those
associated with the potential for such violations at
other Federal agencies, and an analysis of whether
ethical standards that are applied exclusively to
Department of Defense personnel are justified.
(C) An examination of how covered ethics
requirements have affected, or are likely to affect, the
hiring and retention of personnel, particularly those
persons with specialized experience or training, at the
Department of Defense in comparison to other Federal
agencies that are not subject to such requirements. The
examination shall account for any relevant differences
between the Department of Defense and other Federal
departments and agencies within the executive branch and
shall use analytical methods to control for any
variables that may affect the comparative results.
[[Page 136 STAT. 2793]]
(D) An examination of how any confusion in the
interpretation of the requirement referred to in
paragraph (3)(B) may have affected, or is likely to
affect--
(i) the hiring or retention of personnel,
particularly those persons with specialized
experience or training, at the Department of
Defense; and
(ii) the ability of the Department of Defense
to detect, deter, prevent, and redress violations
of ethical standards, including conflicts of
interest, by Department of Defense personnel.
(E) An examination of how the ethics requirements
referred to in subparagraphs (B) and (C) of paragraph
(3) may affect the ability of the Department of Defense
to obtain expertise from industry and other groups in
support of technology development, supply chain
security, and other national security matters.
(F) An examination of whether the removal or
alteration of any covered ethics requirement may
adversely affect the ability of the Department of
Defense to detect, deter, prevent, and redress
violations of ethical standards, including conflicts of
interest, by Department of Defense personnel.
(G) An examination of whether the removal or
alteration of any covered ethics requirement may
adversely affect the ability of the Department of
Defense to negotiate and effectuate arms-length
transactions.
(H) Any suggested changes to any covered ethics
requirement to further the establishment and maintenance
of ethical standards, while also supporting the ability
of the Department of Defense to hire and retain
personnel and obtain expertise from academia, think
tanks, industry, and other groups to support national
security.
(3) <<NOTE: Definitions.>> Covered ethics requirements.--In
this section, the term ``covered ethics requirement'' means each
of the requirements under the following provisions of law:
(A) Section 847 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 10 U.S.C. 1701 note).
(B) Section 1045 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-
91; 10 U.S.C. 971 note prec.).
(C) Section 1117 of the National Defense
Authorization Act for Fiscal Year 2022 (10 U.S.C. 971
note prec.).
(D) Section 988 of title 10, United States Code.
(b) Report.--
(1) In general.--An agreement entered into under subsection
(a) shall provide that the federally funded research and
development center shall submit to the Secretary a report
containing the results of the study conducted under the
agreement by not later than one year after the date of the
enactment of this Act.
(2) <<NOTE: Records.>> Transmittal to congress.--Not later
than 30 days after the Secretary receives the report under
paragraph (1), the Secretary shall transmit a copy of the report
to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives.
[[Page 136 STAT. 2794]]
(3) Secretary of defense evaluation.--The Secretary shall
submit with the report transmitted pursuant to paragraph (2) an
evaluation of each change suggested pursuant to subsection
(a)(2)(H). <<NOTE: Assessments.>> The evaluation shall
include--
(A) <<NOTE: Determination.>> a determination of
whether the Secretary concurs with each suggested
change;
(B) an assessment of the potential effects of each
suggested change on the ability of the Department of
Defense to hire or retain personnel at the Department of
Defense, particularly those persons with specialized
experience or training;
(C) an assessment of the potential effects of each
suggested change on the ability of the Department of
Defense to detect, deter, prevent, or redress violations
of ethical standards, including conflicts of interest;
and
(D) any other information that the Secretary
determines to be appropriate.
SEC. 1074. <<NOTE: 10 USC 113 note.>> JOINT CONCEPT FOR
COMPETING.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall develop a Joint
Concept for Competing.
(b) Purposes.--The purposes of the Joint Concept for Competing are
to--
(1) define the roles and missions of the Department of
Defense in long-term strategic competition with specific
competitors;
(2) conceptualize the employment of joint forces
capabilities to deter adversarial military action by strategic
competitors;
(3) describe the manner in which the Department of Defense
will use its forces, capabilities, posture, indications and
warning systems, and authorities to protect United States
national interests in the course of participating in long-term
strategic competition, including through--
(A) departmental efforts to integrate Department of
Defense roles and missions with other instruments of
national power;
(B) security cooperation with partners and allies;
and
(C) operations relating to long-term strategic
competition, particularly below the threshold of
traditional armed conflict;
(4) identify priority lines of effort and assign
responsibility to relevant Armed Forces, combatant commands, and
other elements of the Department of Defense for each specified
line of effort in support of the Joint Concept for Competing;
and
(5) provide means for integrating and continuously improving
the ability of the Department to engage in long-term strategic
competition.
(c) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter for two
years, the Secretary of Defense shall submit to the
congressional defense committees a report on the implementation
of the Joint Concept for Competing.
(2) Elements.--Each report required under paragraph (1)
shall include the following elements:
[[Page 136 STAT. 2795]]
(A) A detailed description of any actions taken by
the Department of Defense relative to the purposes
specified under subsection (b).
(B) An articulation of any new concepts or
strategies necessary to support the Joint Concept for
Competing.
(C) An articulation of any capabilities, resources,
or authorities necessary to implement the Joint Concept
for Competing.
(D) An explanation of the manner in which the Joint
Concept for Competing relates to and integrates with the
Joint Warfighting Concept.
(E) An explanation of the manner in which the Joint
Concept for Competing synchronizes and integrates with
efforts of other departments and agencies of the United
States Government to address long-term strategic
competition.
(F) Any other matters the Secretary of Defense
determines relevant.
SEC. 1075. ANALYSIS OF FEASIBILITY AND ADVISABILITY OF RELOCATING
MAJOR UNITS OF THE UNITED STATES ARMED
FORCES TO CERTAIN EUROPEAN COUNTRIES.
(a) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Defense shall submit to the congressional
defense committees a report on the feasibility and advisability of
relocating major units of the United States Armed Forces to a covered
country. Such report shall include--
(1) a description of commitments made by a covered country
to provide host nation support, including funding for
construction and maintenance of Department of Defense facilities
and other actions that might reduce costs to the Department of
Defense associated with hosting major units of the Armed Forces
in such covered country;
(2) <<NOTE: Relocation estimate.>> an estimate of the
expenses associated with the relocation of major units of the
Armed Forces from current host nation locations, as well as a
description of any benefits that would be derived from
colocating such units with existing United States or
multinational forces at current host nation locations;
(3) <<NOTE: Analyses.>> a description of the extent to
which positioning major units of the Armed Forces in covered
countries would provide greater operational benefit than keeping
such units in current locations, including an analysis of--
(A) the geographic significance of covered
countries;
(B) any capabilities the host nation may offer, such
as air defense or base security or terms under which the
United States may use facilities on their territory; and
(C) an analysis of the risks associated with the
relocation of such units to covered countries;
(4) a description of any engagements at the Under Secretary
level or higher with an official of a covered country with
respect to anticipated major unit movements in the area of
responsibility of the United States European Command during the
period covered by the future-years defense program most recently
submitted to Congress pursuant to section 221 of title 10,
United States Code, including--
[[Page 136 STAT. 2796]]
(A) a description of the engagement with each
covered country during the calendar year preceding the
calendar during which the report is submitted;
(B) a description of any specific requirements
identified in order to host a major unit; and
(C) <<NOTE: Determination.>> in the case of a
covered country has been determined to be unsuitable for
hosting a major unit of the Armed Forces, a description
of why it was determined unsuitable; and
(5) any other matter the Secretary determines is relevant.
(b) Definitions.--In this section:
(1) The term ``covered country'' means Romania, Poland,
Lithuania, Latvia, Estonia, Hungary, Bulgaria, the Czech
Republic, or Slovakia.
(2) The term ``major unit'' means an organizational unit
composed of more than 500 military personnel.
SEC. 1076. REPORT ON EFFECTS OF STRATEGIC COMPETITOR NAVAL
FACILITIES IN AFRICA.
(a) In General.--Not later than May 15, 2023, the Secretary of
Defense shall submit to the congressional defense committees a report on
the effects of current or planned covered naval facilities in Africa on
the interests of the Department of Defense.
(b) <<NOTE: China. Russia.>> Elements.--The report required under
subsection (a) shall include the following:
(1) An identification of--
(A) any location in Africa where a covered naval
facility has been established; and
(B) any location in Africa where a covered naval
facility is planned for construction.
(2) A detailed description of--
(A) any agreement entered into between China or
Russia and a country or government in Africa providing
for or enabling the establishment or operation of a
covered naval facility in Africa; and
(B) any efforts by the Department of Defense to
change force posture, deployments, or other activities
in Africa as a result of current or planned covered
naval facilities in Africa.
(3) <<NOTE: Assessments.>> An assessment of--
(A) the effect that each current covered naval
facility has had on Department of Defense interests in
and around Africa, including Department of Defense
operational plans in the areas of responsibility of
geographic combatant commands other than United States
Africa Command;
(B) the effect that each planned covered naval
facility is expected to have on Department of Defense
interests in and around Africa, including Department of
Defense operational plans in the areas of responsibility
of geographic combatant commands other than United
States Africa Command;
(C) the policy objectives of China and Russia in
establishing current and future covered naval facilities
at the locations identified under paragraph (1); and
(D) the specific military capabilities supported by
each current or planned covered naval facility.
[[Page 136 STAT. 2797]]
(c) Form of Report.--The report required under subsection (a) shall
be submitted in unclassified form without any designation relating to
dissemination control, but may include a classified annex.
(d) Definitions.--In this section:
(1) The term ``Africa'' means all countries in the area of
operations of United States Africa Command and Egypt.
(2) The term ``covered naval facility'' means a naval
facility owned, operated, or otherwise controlled by the
People's Republic of China or the Russian Federation.
(3) The term ``naval facility'' means a naval base, civilian
sea port with dual military uses, or other facility intended for
the use of warships or other naval vessels for refueling,
refitting, resupply, force projection, or other military
purposes.
Subtitle G--Other Matters
SEC. 1081. <<NOTE: Effective dates.>> TECHNICAL AND CONFORMING
AMENDMENTS.
(a) Title 10, United States Code.--Title 10, United States Code, is
amended as follows:
(1) The table of chapters at the beginning of
subtitle <<NOTE: 10 USC prec. 101.>> A is amended by striking
the item relating to the second chapter 19 (relating to cyber
matters).
(2) Section 113 is amended--
(A) in subsection (l)(2)(F), by inserting a period
after ``inclusion in the armed forces''; and
(B) in subsection (m), by redesignating the second
paragraph (8) as paragraph (9).
(3) The section heading for section 2691 is amended by
striking ``state'' and inserting ``State''.
(4) Section 3014 is amended by striking ``section 4002(a) or
4003'' and inserting ``section 4021(a) or 4022''.
(5) Section 4423(e) is amended by striking ``section 4003''
and inserting ``section 4022''.
(6) Section 4831(a) is amended by striking ``section 4002''
and inserting ``section 4021''.
(7) Section 4833(c) is amended by striking ``section 4002''
and inserting ``section 4021''.
(b) National Defense Authorization Act for Fiscal Year
2022. <<NOTE: 10 USC 113 note.>> --Effective as of December 27, 2021,
and as if included therein as enacted, section 907(a) of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81) is
amended by striking ``116-283'' and inserting ``115-232''.
(c) National Defense Authorization Act for Fiscal Year
2020. <<NOTE: 10 USC 391 note.>> --Effective as of December 20, 2019,
and as if included therein as enacted, section 905(a)(2) of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10
U.S.C. 391 note) is amended by inserting a period at the end.
(d) National Defense Authorization Act for Fiscal Year
2014. <<NOTE: 10 USC 2224 note.>> --Effective as of December 26, 2013,
and as if included therein as enacted, section 932(c)(2)(D) of the
National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-
66; 10 U.S.C. 2224 note) is amended by striking ``subsection (c)(3)''
and inserting ``paragraph (3)''.
[[Page 136 STAT. 2798]]
(e) Automatic Execution of Conforming Changes to Tables of Sections,
Tables of Contents, and Similar Tabular Entries in Defense Laws.--
(1) Elimination of need for separate conforming amendment.--
Chapter 1 of title 10, United States Code, <<NOTE: 10 USC prec.
101.>> is amended by adding at the end the following new
section:
``Sec. 102. <<NOTE: 10 USC 102.>> Effect of certain amendments on
conforming changes to tables of sections, tables
of contents, and similar tabular entries
``(a) Automatic Execution of Conforming Changes.--When an amendment
to a covered defense law adds a section or larger organizational unit to
the covered defense law, repeals or transfers a section or larger
organizational unit in the covered defense law, or amends the
designation or heading of a section or larger organizational unit in the
covered defense law, that amendment also shall have the effect of
amending any table of sections, table of contents, or similar tabular
entries in the covered defense law to alter the table to conform to the
changes made by the amendment.
``(b) Exceptions.--Subsection (a) shall not apply to an amendment
described in such subsection when--
``(1) the amendment or a clerical amendment enacted at the
same time expressly amends a table of sections, table of
contents, or similar tabular entries in the covered defense law
to alter the table to conform to the changes made by the
amendment; or
``(2) the amendment otherwise expressly exempts itself from
the operation of this section.
``(c) <<NOTE: Definition.>> Covered Defense Law.--In this section,
the term `covered defense law' means--
``(1) this title;
``(2) titles 32 and 37;
``(3) any national defense authorization Act that authorizes
funds to be appropriated for a fiscal year to the Department of
Defense; and
``(4) any other law designated in the text thereof as a
covered defense law for purposes of application of this
section.''.
(2) Conforming amendment.--The heading of chapter 1 of title
10, United <<NOTE: 10 USC prec. 101.>> States Code, is amended
to read as follows:
``CHAPTER 1-- <<NOTE: 10 USC prec. 101.>> DEFINITIONS, RULES OF
CONSTRUCTION, CROSS REFERENCES, AND RELATED MATTERS''.
(3) <<NOTE: 10 USC 102 note.>> Application of amendment.--
Section 102 of title 10, United States Code, as added by
paragraph (1), shall apply to the amendments made by this
section and other amendments made by this Act.
(f) <<NOTE: 10 USC 102 note.>> Coordination With Other Amendments
Made by This Act.--For purposes of applying amendments made by
provisions of this Act other than this section, the amendments made by
this section shall be treated as having been enacted immediately before
any such amendments by other provisions of this Act.
SEC. 1082. DEPARTMENT OF DEFENSE CIVILIAN PROTECTION CENTER OF
EXCELLENCE.
(a) Civilian Protection Center of Excellence.--
[[Page 136 STAT. 2799]]
(1) In general.--Chapter 7 of title 10, United States Code,
is amended by inserting after section 183a the following new
section:
``Sec. 184. <<NOTE: 10 USC 184.>> Civilian Protection Center of
Excellence
``(a) Establishment.--The Secretary of Defense shall operate the
Civilian Protection Center of Excellence. The purpose of the Center
shall be to--
``(1) serve as the focal point for matters related to
civilian casualties and other forms of civilian harm resulting
from military operations involving the United States Armed
Forces; and
``(2) institutionalize and advance knowledge, practices, and
tools for preventing, mitigating, and responding to civilian
harm.
``(b) Purpose.--The Center shall be used to--
``(1) develop standardized civilian-harm operational
reporting and data management processes to improve data
collection, sharing, and learning across the Department of
Defense;
``(2) develop, recommend, and review guidance, and the
implementation of guidance, on how the Department responds to
civilian harm;
``(3) develop recommended guidance for addressing civilian
harm across the full spectrum of armed conflict and for use in
doctrine and operational plans;
``(4) recommend training and exercises for the prevention
and investigation of civilian harm;
``(5) develop a repository of civilian casualty and civilian
harm information;
``(6) capture lessons learned from assessments and
investigations of civilian casualty incidents and supporting
institutionalization of such lessons learned within policy,
doctrine, training, exercises, and tactics, techniques, and
procedures of the Department of Defense;
``(7) support the coordination and synchronization of
efforts across combatant commands, the Department of State, and
other relevant United States Government departments and agencies
to prevent, mitigate, and respond to incidents of civilian harm;
``(8) engage with nongovernmental organizations and civilian
casualty experts; and
``(9) perform such other functions as the Secretary of
Defense may specify.
``(c) <<NOTE: Public information. Web posting.>> Annual Report.--
The Secretary of Defense shall submit to the congressional defense
committees, and make publicly available on an appropriate website of the
Department, an annual report on the activities of the Center.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter <<NOTE: 10 USC prec. 171>> is amended
by inserting after the item relating to section 183a the
following new item:
``184. Civilian Protection Center of Excellence.''.
(b) <<NOTE: 10 USC 184 note.>> Deadline for Establishment.--The
Civilian Protection Center of Excellence, as required under section 184
of title 10, United States Code, as added by subsection (a), shall be
established by not later than 90 days after the date of the enactment of
this Act.
[[Page 136 STAT. 2800]]
(c) Report to Congress.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the establishment of such
Civilian Protection Center of Excellence.
SEC. 1083. RONALD V. DELLUMS MEMORIAL FELLOWSHIP IN STEM.
Section 4093(f) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3) In coordination with the efforts under paragraph (2), the
Secretary of Defense shall additionally establish a program, which shall
be known as the `Ronald V. Dellums Memorial Fellowship in STEM', to
provide financial assistance under this section to at least 30 students
from communities that are underrepresented in the Department of Defense
STEM workforce, not fewer of 50 percent of whom shall attend
historically Black colleges and universities and minority-serving
institutions. As part of such program, the Secretary shall establish an
internship program that provides each student who is awarded a
fellowship under this paragraph with an internship in an organization or
element of the Department of Defense, and to the extent practicable,
each such student shall be paired with a mid-level or a senior-level
official of the relevant organization or element of the Department of
Defense who shall serve as a mentor during the internship.''.
SEC. 1084. AMENDMENT TO MEMORIAL FOR MEMBERS OF THE ARMED FORCES
KILLED IN ATTACK ON HAMID KARZAI
INTERNATIONAL AIRPORT.
Section 1087 of National Defense Authorization Act for Fiscal Year
2022 (40 U.S.C. 8903 note) is amended by striking ``The Secretary of
Defense may'' and inserting ``The Secretary of Defense shall, not later
than 1 year after the date of enactment of the National Defense
Authorization Act for Fiscal Year 2023,''.
SEC. 1085. PUBLIC AVAILABILITY OF COST OF CERTAIN MILITARY
OPERATIONS.
Section 1090 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328) <<NOTE: 10 USC 122a note.>> is amended--
(1) by inserting ``(a) Publication of Information.--''
before ``The Secretary of Defense'';
(2) by striking ``of each of the wars in Afghanistan, Iraq,
and Syria.'' and inserting ``of any contingency operation
conducted by the United States Armed Forces on or after
September 18, 2001.''; and
(3) by adding at the end the following new subsections:
``(b) Display of Information.--The information required to be posted
under subsection (a) shall, to the extent practicable--
``(1) be posted directly on the website of the Department of
Defense, in an accessible and clear format;
``(2) include corresponding documentation as links or
attachments; and
``(3) include, for each contingency operation, a list of
countries where the contingency operation has taken place.
``(c) Updates.--The Secretary shall ensure that all the information
required to be posted under subsection (a) is updated by not later than
90 days after the last day of each fiscal year.
``(d) Contingency Operation Defined.--In this section, the term
`contingency operation' has the meaning given such term in section
101(a)(13) of title 10, United States Code.''.
[[Page 136 STAT. 2801]]
SEC. 1086. <<NOTE: 10 USC 2911 note.>> COMBATING MILITARY
RELIANCE ON RUSSIAN ENERGY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) reliance on Russian energy poses a critical challenge
for national security activities in the area of responsibility
of the United States European Command; and
(2) in order to reduce the vulnerability of United States
military facilities to disruptions caused by reliance on Russian
energy, the Department of Defense should establish and implement
plans to reduce reliance on Russian energy for all main
operating bases in the area of responsibility of the United
States European Command.
(b) Eliminating Use of Russian Energy.--It shall be the goal of the
Department of Defense to eliminate the use of Russian energy on each
main operating base in the area of responsibility of the United States
European Command by not later than five years after the date of the
completion of an installation energy plan for such base, as required
under this section.
(c) Installation Energy Plans for Main Operating Bases.--
(1) <<NOTE: List.>> Identification of installations.--Not
later than June 1, 2023, the Secretary of Defense shall submit
to the congressional defense committees a list of main operating
bases within the area of responsibility of the United States
European Command ranked according to mission criticality and
vulnerability to energy disruption.
(2) Submittal of plans.--Not later than 12 months after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees--
(A) an installation energy plan for each main
operating base on the list submitted under paragraph
(1); and
(B) <<NOTE: Assessment.>> an assessment of the
feasibility of reaching the goal for the elimination of
the use of Russian energy pursuant to subsection (b) on
that base, including--
(i) a description of the steps that would be
required to meet such goal; and
(ii) <<NOTE: Analysis.>> an analysis of the
effects such steps would have on the national
security of the United States.
(d) Content of Plans.--Each installation energy plan for a main
operating base shall include each of the following with respect to that
base:
(1) <<NOTE: Assessment.>> An assessment of the energy
resilience requirements, resiliency gaps, and energy-related
cybersecurity requirements of the base, including with respect
to operational technology, control systems, and facilities-
related control systems.
(2) An identification of investments in technology required
to improve energy resilience, reduce demand, strengthen energy
conservation, and support mission readiness.
(3) An identification of investments in infrastructure,
including microgrids, required to strengthen energy resilience
and mitigate risk due to grid disturbance.
(4) <<NOTE: Recommenda- tions.>> Recommendations related to
opportunities for the use of renewable energy, clean energy,
nuclear energy, and energy storage projects to reduce dependence
on natural gas.
(5) <<NOTE: Assessment.>> An assessment of how the
requirements and recommendations included pursuant to paragraphs
(2) through (4) interact with the energy policies of the country
where the base is located, both at present and into the future.
(e) Implementation of Plans.--
[[Page 136 STAT. 2802]]
(1) Deadline for implementation.--Not later than 30 days
after the date on which the Secretary submits an installation
energy plan for a base under subsection (c)(2), the Secretary
shall--
(A) begin implementing the plan; and
(B) <<NOTE: Briefing.>> provide to the
congressional defense committees a briefing on the
contents of the plan and the strategy of the Secretary
for implementing the mitigation measures identified in
the plan.
(2) Prioritization of certain projects.--In implementing an
installation energy plan for a base under this section, the
Secretary shall prioritize projects requested under section 2914
of title 10, United States Code, to mitigate assessed risks and
improve energy resilience, energy security, and energy
conservation at the base.
(3) Nonapplication of certain other authorities.--Subsection
(d) of section 2914 of title 10, United States Code, shall not
apply with respect to any project carried out pursuant to this
section or pursuant to an installation energy plan for a base
under this section.
(f) Policy for Future Bases.--The Secretary of Defense shall
establish a policy to ensure that any new military base in the area of
responsibility of the United States European Command is established in a
manner that proactively includes the consideration of energy security,
energy resilience, and mitigation of risk due to energy disruption.
(g) Annual Congressional Briefings.--The Secretary of Defense shall
provide to the congressional defense committees annual briefings on the
installation energy plans required under this section. Such briefings
shall include an identification of each of the following:
(1) The actions each main operating base is taking to
implement the installation energy plan for that base.
(2) The progress that has been made toward reducing the
reliance of United States bases on Russian energy.
(3) The steps being taken and planned across the future-
years defense program to meet the goal of eliminating reliance
on Russian energy.
SEC. 1087. <<NOTE: 10 USC 161 note.>> ESTABLISHMENT OF JOINT
FORCE HEADQUARTERS IN AREA OF OPERATIONS
OF UNITED STATES INDO-PACIFIC COMMAND.
(a) Establishment.--Not later than October 1, 2024, the Secretary of
Defense shall establish a joint force headquarters in the area of
operations of United States Indo-Pacific Command, in accordance with the
implementation plan required under subsection (b).
(b) Implementation Plan and Establishment of Joint Force
Headquarters.--
(1) Implementation plan.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees an
implementation plan for the establishment of a joint force
headquarters in the area of operations of United States Indo-
Pacific Command to serve as an operational command. Such plan
shall include--
[[Page 136 STAT. 2803]]
(A) the integration of joint all domain command and
control effects chains and mission command and control,
including in conflicts that arise with minimal warning;
(B) the integration of the capabilities of Assault
Breaker II, developed by the Defense Advanced Research
Projects Agency, and related developmental efforts as
they transition to operational deployment;
(C) the exercise of other joint all domain command
and control capabilities and functions; and
(D) such other missions and operational tasks as the
Secretary determines appropriate.
(2) Elements.--The plan required by paragraph (1) shall
include each of the following with respect to the joint force
headquarters to be established:
(A) A description of the operational chain of
command.
(B) An identification of the manning and resourcing
required, relative to assigned missions, particularly
the sources of personnel required.
(C) A description of the mission and lines of
effort.
(D) <<NOTE: Assessment.>> A description of the
relationship with existing entities in United States
Indo-Pacific Command, including an assessment of
complementary and duplicative activities with such
entities and the joint force headquarters.
(E) An identification of supporting infrastructure
required.
(F) Such other matters as the Secretary considers
appropriate.
(c) Support for Joint Force Headquarters.--The commander of the
joint force headquarters established under this section shall be
supported by the United States Indo-Pacific Command subordinate unified
commands, subordinate component commands, standing joint task force, and
the Armed Forces.
(d) Annual Report Required.--
(1) <<NOTE: Termination date.>> In general.--Not later than
one year after the date of the establishment of the joint force
headquarters required under subsection (a), and not less
frequently than once each year thereafter until December 31,
2028, the Secretary of Defense shall submit to the congressional
defense committees an annual report on the joint force
headquarters established under this section.
(2) Contents.--Each report submitted under paragraph (1)
shall include the following:
(A) A description of the mission and lines of effort
of the joint force headquarters.
(B) An accounting of the personnel and other
resources supporting the joint force headquarters,
including support external to the headquarters.
(C) A description of the operational chain of
command of the joint force headquarters.
(D) <<NOTE: Assessment.>> An assessment of the
manning and resourcing of the joint force headquarters,
relative to assigned missions.
(E) <<NOTE: Assessment.>> A description of the
relationship with existing entities in Indo-Pacific
Command, including an assessment of complementary and
duplicative activities with such entities and the joint
force headquarters.
[[Page 136 STAT. 2804]]
(3) Form.--Each report submitted under paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.
SEC. 1088. NATIONAL TABLETOP EXERCISE.
(a) <<NOTE: Taiwan.>> Requirement.--Not later than one year after
the date of the enactment of this Act, the Secretary of Defense shall
conduct a tabletop exercise designed to assess the resiliency of United
States domestic critical infrastructure supporting United States
military requirements in the event of a military contingency involving
Taiwan.
(b) <<NOTE: Taiwan.>> Elements.--A tabletop exercise under this
section shall be designed to evaluate the following elements:
(1) <<NOTE: Assessment.>> The resilience of domestic
critical infrastructure and logistical chokepoints necessary for
the United States Armed Forces to respond to a contingency
involving Taiwan, including an assessment of the mobility of the
United States Armed Forces in the event of attacks upon such
infrastructure.
(2) Federal Government response options to ensure the
viability of domestic critical infrastructure in the event of a
military contingency involving Taiwan.
(3) The ability of the United States Armed Forces, with the
armed forces of United States allies and partners, to resist any
resort to force or other form of coercion by an aggressor in the
event of a military contingency involving Taiwan, if domestic
critical infrastructure is compromised.
(4) The importance of nonmilitary actions, including
economic and financial measures, by the United States, with
United States allies and partners, to deter and, if necessary,
respond to a contingency involving Taiwan.
(c) Consultation Requirement.--In carrying out this section, the
Secretary shall consult with the heads of other appropriate Federal
departments and agencies, as the Secretary determines appropriate.
(d) Briefing.--
(1) In general.--Not later than 90 days after the date on
which a tabletop exercise is conducted under this section, the
Secretary shall provide to the appropriate congressional
committees a briefing on the exercise.
(2) Contents.--A briefing under paragraph (1) shall
include--
(A) <<NOTE: Assessment.>> an assessment of the
decision-making, capability, and response gaps observed
in the tabletop exercise; and
(B) <<NOTE: Recommenda- tions.>> recommendations to
improve the resiliency of, and reduce vulnerabilities
in, the domestic critical infrastructure of the United
States in the event of a military contingency involving
Taiwan.
(e) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Committee on Oversight and
Reform of the House of Representatives; and
(B) the Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on Homeland
Security and Government Affairs of the Senate.
(2) The term ``tabletop exercise'' means an activity--
[[Page 136 STAT. 2805]]
(A) in which key personnel assigned high-level roles
and responsibilities are gathered to deliberate various
simulated emergency or rapid response situations; and
(B) that is designed to be used to assess the
adequacy of plans, policies, procedures, training,
resources, and relationships or agreements that guide
prevention of, response to, and recovery from a defined
event.
SEC. 1089. PERSONNEL SUPPORTING THE OFFICE OF THE ASSISTANT
SECRETARY OF DEFENSE FOR SPECIAL
OPERATIONS AND LOW INTENSITY CONFLICT.
(a) Plan Required.--Not later than 30 days after the date of the
completion of the manpower study required by the Joint Explanatory
Statement accompanying the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81), the Secretary of Defense shall submit to
the congressional defense committees a plan for adequately staffing the
Office of the Assistant Secretary of Defense for Special Operations and
Low Intensity Conflict to fulfill the requirements of section
138(b)(2)(A)(i) of title 10, United States Code, for exercising
authority, direction, and control of all special-operations peculiar
administrative matters relating to the organization, training, and
equipping of special operations forces.
(b) Additional Information.--The Secretary shall ensure the plan
required under subsection (a) is informed by the manpower study required
by the Joint Explanatory Statement accompanying the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81).
(c) Elements.--The plan required under subsection (a) shall include
the following elements:
(1) A validated number of personnel necessary to fulfill the
responsibilities of the Secretariat for Special Operations
outlined in section 139b of title 10, United States Code, and
associated funding across the future-years defense program
submitted to Congress under section 221 of title 10, United
States Code.
(2) <<NOTE: Hiring plan.>> A hiring plan with milestones
for gradually increasing the number of required personnel.
(3) A breakdown of the optimal mix of required military,
civilian, and contractor personnel.
(4) <<NOTE: Analysis.>> An analysis of the feasibility and
advisability of assigning a member of the Senior Executive
Service to serve as the Deputy Director of the Secretariat for
Special Operations.
(5) An identification of any anticipated funding shortfalls
for personnel supporting the Secretariat for Special Operations
across the future-years defense program submitted to Congress
under section 221 of title 10, United States Code.
(6) Any other matters the Secretary determines relevant.
SEC. 1090. SENSE OF CONGRESS ON REDESIGNATION OF THE AFRICA CENTER
FOR STRATEGIC STUDIES AS THE JAMES M.
INHOFE CENTER FOR AFRICA STRATEGIC
STUDIES.
It is the sense of Congress that--
(1) Senator James M. Inhofe--
(A) has, during his more than three decades of
service in the United States Congress--
(i) demonstrated a profound commitment to
strengthening United States-Africa relations; and
[[Page 136 STAT. 2806]]
(ii) been one of the foremost leaders in
Congress on matters related to United States-
Africa relations;
(B) was a key advocate for the establishment of
United States Africa Command; and
(C) has conducted 170 visits to countries in Africa;
and
(2) as a recognition of Senator Inhofe's long history of
engaging with, and advocating for, Africa, the Department of
Defense Africa Center for Strategic Studies should be renamed
the James M. Inhofe Center for Africa Strategic Studies.
SEC. 1091. INTEGRATION OF ELECTRONIC WARFARE INTO TIER 1 AND TIER
2 JOINT TRAINING EXERCISES.
(a) <<NOTE: Time periods. Requirement.>> In General.--During fiscal
years 2023 through 2027, the Chairman of the Joint Chiefs of Staff shall
require that offensive and defensive electronic warfare capabilities be
integrated into Tier 1 and Tier 2 joint training exercises.
(b) Requirement to Include Opposing Force.--The Chairman shall
require exercises conducted under subsection (a) to include an opposing
force design based on a current intelligence assessment of the
electromagnetic order of battle and capabilities of an adversary.
(c) <<NOTE: Determination.>> Waiver.--The Chairman may waive the
requirements under subsections (a) and (b) with respect to an exercise
if the Chairman determines that--
(1) the exercise does not require--
(A) a demonstration of electronic warfare
capabilities; or
(B) a militarily significant threat from electronic
warfare attack; or
(2) the integration of offensive and defensive electronic
warfare capabilities into the exercise is cost prohibitive or
not technically feasible based on the overall goals of the
exercise.
(d) Briefing Required.--Concurrent with the submission of the budget
of the President to Congress pursuant to section 1105(a) of title 31,
United States Code, for each of fiscal years 2023 through 2027, the
Chairman shall provide to the congressional defense committees a
briefing on exercises conducted under subsection (a) that includes--
(1) a description of such exercises planned and included in
the budget submission for that fiscal year; and
(2) the results of each such exercise conducted in the
preceding fiscal year, including--
(A) the extent to which offensive and defensive
electronic warfare capabilities were integrated into the
exercise;
(B) <<NOTE: Evaluation. Assessment. Determination.>> an
evaluation and assessment of the exercise to determine
the impact of the opposing force on the participants in
the exercise, including--
(i) joint lessons learned;
(ii) high interest training issues; and
(iii) high interest training requirements; and
(C) whether offensive and defensive electronic
warfare capabilities were part of an overall joint fires
and, if so, a description of how such capabilities were
incorporated into the joint fires.
(e) Definitions.--In this section:
[[Page 136 STAT. 2807]]
(1) The term ``electromagnetic order of battle'' has the
meaning given that term in Joint Publication 3-85 titled ``Joint
Electromagnetic Spectrum Operations'', dated May 2020.
(2) The terms ``high interest training issue'', ``high
interest training requirement'', ``Tier 1'', and ``Tier 2'' have
the meanings given those terms in the Joint Training Manual for
the Armed Forces of the United States (Document No. CJCSM
3500.03E), dated April 20, 2015.
(3) The term ``joint fires'' has the meaning given that term
in the publication of the Joint Staff titled ``Insights and Best
Practices Focus Paper on Integration and Synchronization of
Joint Fires'', dated July 2018.
SEC. 1092. NATIONAL COMMISSION ON THE FUTURE OF THE NAVY.
(a) Establishment.--
(1) In general.--There is established an independent
commission in the legislative branch to be known as the
``Commission on the Future of the Navy'' (in this section
referred to as the ``Commission'').
(2) Duties of commission.--
(A) Study on naval force structure.--
(i) <<NOTE: Recommenda- tions.>> In
general.--The Commission shall undertake a
comprehensive study of the structure of the Navy
and policy assumptions related to the size and
force mixture of the Navy, in order--
(I) to make recommendations on the
size and force mixture of ships; and
(II) to make recommendations on the
size and force mixture of naval
aviation.
(ii) <<NOTE: Evaluations. Reviews.>>
Considerations.--In undertaking the study required
by this subsection, the Commission shall carry out
each of the following:
(I) An evaluation and identification
of a structure for the Navy that--
(aa) has the depth and
scalability to meet current and
anticipated requirements of the
combatant commands;
(bb) assumes four different
funding levels of: fiscal year
2023 appropriated plus
inflation; fiscal year 2023
appropriated with 3-5 percent
real growth; such as is
necessary to build, man,
maintain and modernize the fleet
required by section 1025 of the
National Defense Authorization
Act for 2018 (Public Law 115-
91); and notionally
unconstrained to meet the needs
of the National Defense Strategy
including a particular focus on
the areas of responsibility of
United States Indo-Pacific
Command and United States
European Command;
(cc) ensures that the Navy
has the capacity needed to
support current and anticipated
homeland defense and disaster
assistance missions in the
United States;
(dd) provides for sufficient
numbers of members of the Navy
to ensure a 115 percent manning
level of all deployed ships and
not
[[Page 136 STAT. 2808]]
less than a 90 percent manning
level at any point in time;
(ee) provides a sustainable
force generation model with the
associated rotational presence,
personnel, training, and
maintenance assumptions;
(ff) identifies forward
basing and stationing
requirements; and
(gg) identifies potential
strategic and operational risk
tradeoffs and makes
recommendations among readiness,
efficiency, effectiveness,
capability, and affordability.
(II) An evaluation and
identification of combatant command
demand and fleet size, including
recommendations to support--
(aa) readiness;
(bb) training;
(cc) routine ship
maintenance;
(dd) personnel;
(ee) forward presence;
(ff) depot level ship
maintenance; and
(gg) fleet modernization.
(III) A detailed review of the cost
of the recapitalization of the Nuclear
Triad in the Department of Defense and
its effect on the Navy's budget.
(IV) A review of Navy personnel
policies and training to determine
changes needed across all personnel
activities to improve training
effectiveness and force tactical
readiness and reduce operational stress.
(B) Study on shipbuilding and innovation.--
(i) In general.--The Commission shall conduct
a study on shipbuilding, new construction, and
repair shipyards, and opportunities to better
integrate advanced technologies such as augmented
reality and artificial intelligence in the fleet.
(ii) <<NOTE: Recommenda- tions.>>
Considerations.--In conducting the study required
under this subsection, the Commission shall
consider the following:
(I) Recommendations for specific
changes to the Navy's Shipyard
Infrastructure Optimization Program,
which may include legislative changes
such as providing multi-year
appropriations or expanded use of
innovative technology.
(II) Recommendations for changes to
the ship design and build program that
could reduce technical and schedule
risk, reduce cost, accelerate build
timelines, and prioritize an incremental
approach to introducing change.
(III) Recommendations for changes to
the ship depot maintenance program in
order to reduce overhaul timelines,
integrate current technologies into
ships, and reduce costs.
(3) Powers of commission.--
(A) Hearings.--The Commission may hold such
hearings, sit and act at such times and places, take
such
[[Page 136 STAT. 2809]]
testimony, and receive such evidence as the Commission
considers advisable to carry out its duties under this
section.
(B) Information from federal agencies.--The
Commission may secure directly from any Federal
department or agency such information as the Commission
considers necessary to carry out its duties under this
section. Upon request of the Co-Chairs of the
Commission, the head of such department or agency shall
furnish such information to the Commission.
(C) Use of postal service.--The Commission may use
the United States mails in the same manner and under the
same conditions as other departments and agencies of the
Federal Government.
(D) Authority to accept gifts.--
(i) In general.--The Commission may accept,
use, and dispose of gifts or donations of
services, goods, and property from non-Federal
entities for the purposes of aiding and
facilitating the work of the Commission. The
authority under this paragraph does not extend to
gifts of money.
(ii) Documentation; conflicts of interest.--
The Commission shall document gifts accepted under
the authority provided by clause (i) and shall
avoid conflicts of interest or the appearance of
conflicts of interest.
(iii) Compliance with congressional ethics
rules.--Except as specifically provided in this
section, a member of the Commission shall comply
with rules set forth by the Select Committee on
Ethics of the Senate and the Committee on Ethics
of the House of Representatives governing
employees of the Senate and the House of
Representatives, respectively.
(4) <<NOTE: Recommenda- tions.>> Report required.--Not
later than July 1, 2024, the Commission shall submit to the
Committees on Armed Services of the Senate and House of
Representatives an unclassified report, with classified annexes
if necessary, that includes the findings and conclusions of the
Commission as a result of the studies required under this
section, together with its recommendations for such legislative
actions as the Commission considers appropriate in light of the
results of the studies.
(b) Membership.--
(1) <<NOTE: Appointments.>> Composition.--The Commission
shall be composed of 8 members, of whom--
(A) one shall be appointed by the Speaker of the
House of Representatives;
(B) one shall be appointed by the Minority Leader of
the House of Representatives;
(C) one shall be appointed by the Majority Leader of
the Senate;
(D) one shall be appointed by the Minority Leader of
the Senate;
(E) one shall be appointed by the Chairman of the
Committee on Armed Services of the Senate;
(F) one shall be appointed by the Ranking Member of
the Committee on Armed Services of the Senate;
[[Page 136 STAT. 2810]]
(G) one shall be appointed by the Chairman of the
Committee on Armed Services of the House of
Representatives; and
(H) one shall be appointed by the Ranking Member of
the Committee on Armed Services of the House of
Representatives.
(2) Co-chairs.--There shall be two Co-Chairs of the
Commission. The Republican leadership of the Senate and House of
Representatives shall jointly select one Co-Chair, and the
Democratic leadership of the Senate and House of Representatives
shall jointly select the other.
(3) Appointment date; notifications.--
(A) Members shall be appointed to the commission
under paragraph (1) by not later than 90 days after the
date of enactment of this Act.
(B) Individuals making appointments under paragraph
(1) shall provide notice of the appointments to the
Secretary of Defense (in this section referred to as the
``Secretary'').
(4) Qualifications and expertise.--
(A) In general.--In making appointments under this
subsection, consideration shall be given to individuals
with expertise in--
(i) United States naval policy and strategy;
(ii) naval forces capability;
(iii) naval nuclear propulsion and weapons;
(iv) naval force structure design,
organization, and employment;
(v) Navy personnel matters;
(vi) Navy acquisition and sustainment;
(vii) Navy shipbuilding;
(viii) naval aviation aircraft procurement;
and
(ix) Navy ship and aircraft depot maintenance.
(B) Restriction on appointment.--Officers or
employees of the Federal Government (other than experts
or consultants the services of which are procured under
section 3109 of title 5, United States Code) may not be
appointed as members of the Commission.
(C) Restriction on members of congress.--Members of
Congress may not serve on the Commission.
(5) Period of appointment; vacancies; removal of members.--
(A) Appointment duration.--Members shall be
appointed for the life of the Commission.
(B) Vacancies.--Any vacancy in the Commission shall
not affect its powers, but shall be filled in the same
manner as the original appointment.
(C) <<NOTE: Notice.>> Removal of members.--A member
may be removed from the Commission for cause by the
individual serving in the position responsible for the
original appointment of such member under subsection
(b)(1), provided that notice has first been provided to
such member of the cause for removal and voted and
agreed upon by three quarters of the members serving. A
vacancy created by the removal of a member under this
subsection shall not affect the powers of the
Commission, and shall be filled in the same manner as
the original appointment was made.
[[Page 136 STAT. 2811]]
(D) Quorum.--.A majority of the members serving on
the Commission shall constitute a quorum.
(E) <<NOTE: Congressional Record, publication.>>
Initial meeting.--Not later than 30 days after the date
on which all members of the Commission have been
appointed as published in the Congressional Record, the
Commission shall hold its initial meeting.
(c) Personnel Matters.--
(1) Status as federal employees.--Notwithstanding the
requirements of section 2105 of title 5, United States Code,
including the required supervision under subsection (a)(3) of
such section, members of the Commission shall be deemed to be
Federal employees in the legislative branch subject to all the
laws and policies applicable to legislative branch employees.
(2) Oath of office.--Notwithstanding the provision of
section 2903(b) of title 5, United States Code, an employee of
an Executive Branch agency, otherwise authorized to administer
oaths under section 2903 of title 5, United States Code, may
administer the oath of office to Commissioners for the purpose
of their service to the Commission.
(3) Security clearances.--The appropriate Federal
departments or agencies shall cooperate with the Commission in
expeditiously providing to the Commission members and staff
appropriate security clearances to the extent possible pursuant
to existing procedures and requirements, except that no person
may be provided with access to classified information under this
Act without the appropriate security clearances.
(4) Pay for members.--Each member of the Commission may be
compensated at a rate not to exceed the daily equivalent of the
annual rate of basic pay payable for level IV of the Executive
Schedule under section 5315 of title 5, United States Code, for
each day (including travel time) during which such member is
engaged in the performance of the duties of the Commission. All
members of the Commission who are officers or employees of the
United States shall serve without compensation additional to
that received for their services as officers or employees of the
United States.
(5) <<NOTE: Appointments.>> Staff.--
(A) Executive director.--The Co-Chairs of the
Commission may appoint and fix the rate of basic pay for
an Executive Director in accordance with section 3161 of
title 5, United States Code.
(B) Commission staff.--The Executive Director may
appoint and fix the rate of basic pay for additional
personnel as staff of the Commission in accordance with
section 3161 of title 5, United States Code.
(C) <<NOTE: Reimbursement.>> Detailees
authorized.--On a reimbursable or non-reimbursable
basis, the heads of departments and agencies of the
Federal Government may provide, and the Commission may
accept personnel detailed from such departments and
agencies, including active-duty military personnel.
(D) Travel expenses.--The members and staff of the
Commission shall be allowed travel expenses, including
per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their
homes
[[Page 136 STAT. 2812]]
or regular places of business in the performance of
services for the Commission.
(d) Support.--
(1) Assistance from department of defense.--
(A) <<NOTE: Transfer authority.>> In general.--Of
the amounts authorized to be appropriated for the
Department of Defense for support of the Commission, the
Secretary may make transfers to the Commission for
commission expenses, including compensation of
commission members, officers, and employees, and
provision of other such services, funds, facilities, and
other support services as necessary for the performance
of the Commission's functions. Funds made available to
support and provide assistance to the Commission may be
used for payment of compensation of members, officers,
and employees of the Commission without transfer under
this subparagraph. Amounts transferred under this
subparagraph shall remain available until expended.
Transfer authority provided by this subparagraph is in
addition to any other transfer authority provided by
law. Section 2215 of title 10, United States Code, shall
not apply to a transfer of funds under this
subparagraph.
(B) Treasury account authorized.--The Secretary of
the Treasury may establish an account or accounts for
the Commission from which any amounts transferred under
this clause may be used for activities of the
Commission.
(2) <<NOTE: Designation.>> Liaison.--The Secretary shall
designate at least one officer or employee of the Department of
Defense to serve as a liaison officer between the Department and
the Commission.
(3) <<NOTE: Reimbursement.>> Additional support.--To the
extent that funds are available for such purpose, or on a
reimbursable basis, the Secretary may, at the request of the Co-
Chairs of the Commission--
(A) <<NOTE: Contracts.>> enter into contracts for
the acquisition of administrative supplies and equipment
for use by the Commission; and
(B) make available the services of a Federal funded
research and development center or an independent,
nongovernmental organization, described under section
501(c)(3) of the Internal Revenue Code of 1986 and
exempt from taxation under section 501(a) of such Code.
(4) Preliminary administrative support authorized.--Upon the
appointment of the Co-Chairs under subsection (b), the Secretary
may provide administrative support authorized under this section
necessary to facilitate the standing up of the Commission.
(e) Termination of Commission.--The Commission shall terminate 90
days after the submission of the report required under subsection (a).
SEC. 1093. <<NOTE: 49 USC 40103 note.>> DYNAMIC AIRSPACE PILOT
PROGRAM.
(a) Pilot Program.--
(1) Pilot program required.--Not later than 90 days after
the date of the enactment of this Act, the Administrator of the
Federal Aviation Administration, in coordination with the
Secretary of Defense, shall establish a pilot program for the
purpose of developing, testing, and assessing dynamic
[[Page 136 STAT. 2813]]
scheduling and management of special activity airspace in order
to accommodate emerging military testing and training
requirements, including--
(A) special activity airspace for use by the
Department of Defense for emerging military testing and
training requirements of infrequent or limited
durations; and
(B) streamlining the process for the Department of
Defense to request the designation of special activity
airspace for activities described in subparagraph (A).
(2) Development, test, and assessment of dynamic airspace.--
Under the pilot program established under paragraph (1), the
Administrator and the Secretary shall jointly test not less than
two use cases concerning temporary or permanent special activity
airspace established by the Federal Aviation Administration for
use by the Department of Defense that develop, test, and
assess--
(A) the availability of such airspace on an
infrequent or limited duration necessary to accommodate
the Department of Defense's emerging military testing
and training requirements; and
(B) whether the processes for the Department of
Defense to request special activity airspace for
infrequent or limited duration military testing and
training events meet Department of Defense testing and
training requirements.
(b) Requirements.--The pilot program established by subsection (a)
shall not interfere with--
(1) the public's right of transit consistent with national
security;
(2) the use of airspace necessary to ensure the safety of
aircraft within the National Airspace System;
(3) the use of airspace necessary to ensure the efficient
use of the National Airspace System; and
(4) Department of Defense use of special activity airspace
that is established through means other than the pilot program
established by subsection (a).
(c) Report by the Administrator.--
(1) In general.--Not later than two years after the date of
the establishment of the pilot program under subsection (a)(1),
the Administrator shall submit to the appropriate committees of
Congress a report on the interim findings of the Administrator
with respect to the pilot program.
(2) <<NOTE: Analysis.>> Elements.--The report submitted
under paragraph (1) shall include an analysis of the following:
(A) How the pilot program established under
subsection (a)(1) affected policies on establishing and
scheduling special activity airspace with an emphasis on
the impact of allocation and utilization policies to
other nonparticipating aviation users of the National
Airspace System.
(B) Whether the streamlined processes for dynamic
scheduling and management of special activity airspace
involved in the pilot program established under
subsection (a)(1) contributed to--
(i) the public's right of transit consistent
with national security;
[[Page 136 STAT. 2814]]
(ii) the use of airspace necessary to ensure
the safety of aircraft within the National
Airspace System; and
(iii) the use of airspace necessary to ensure
the efficient use of the National Airspace System.
(d) Report by the Secretary of Defense.--Not later than two years
after the date of the establishment of the pilot program under
subsection (a)(1), the Secretary shall submit to the appropriate
committees of Congress a report on the interim findings of the Secretary
with respect to the pilot program. <<NOTE: Analysis.>> Such report shall
include an analysis of how the pilot program affected military testing
and training.
(e) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation, the Committee on Armed Services, and the
Committee on Appropriations of the Senate; and
(B) the Committee on Transportation and
Infrastructure, the Committee on Science, Space, and
Technology, the Committee on Armed Services, and the
Committee on Appropriations of the House of
Representatives.
(2) The term ``special activity airspace'' means the
following airspace with defined dimensions within the National
Airspace System wherein limitations may be imposed upon aircraft
operations:
(A) Restricted areas.
(B) Military operations areas.
(C) Air traffic control assigned airspace.
(D) Warning areas.
(3) The term ``use cases'' means a compendium of airspace
utilization data collected from the development, testing, and
assessment conducted under subsection (a)(1), and other test
points or metrics as agreed to by the Administrator and the
Secretary, within a specific geographic region as determined by
the Administrator and Secretary.
(f) Duration.--The pilot program under subsection (a)(1) shall
continue for not more than three years after the date on which it is
established.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Restricted reporting option for Department of Defense
civilian employees choosing to report experiencing adult
sexual assault.
Sec. 1102. Modification and extension of authority to waive annual
limitation on premium pay and aggregate limitation on pay for
Federal civilian employees working overseas.
Sec. 1103. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to civilian personnel on
official duty in a combat zone.
Sec. 1104. Standardized credentials for law enforcement officers of the
Department of Defense.
Sec. 1105. Temporary extension of authority to provide security for
former Department of Defense officials.
Sec. 1106. Enhanced pay authority for certain research and technology
positions in science and technology reinvention laboratories.
Sec. 1107. Flexible workplace programs.
Sec. 1108. Eligibility of Department of Defense employees in time-
limited appointments to compete for permanent appointments.
Sec. 1109. Modification to personnel management authority to attract
experts in science and engineering.
[[Page 136 STAT. 2815]]
Sec. 1110. Modification and extension of pilot program on dynamic
shaping of the workforce to improve the technical skills and
expertise at certain department of defense laboratories.
Sec. 1111. Modification of temporary expansion of authority for
noncompetitive appointments of military spouses by federal
agencies.
Sec. 1112. Modification to pilot program for the temporary assignment of
cyber and information technology personnel to private sector
organizations.
SEC. 1101. RESTRICTED REPORTING OPTION FOR DEPARTMENT OF DEFENSE
CIVILIAN EMPLOYEES CHOOSING TO REPORT
EXPERIENCING ADULT SEXUAL ASSAULT.
(a) In General.--Chapter 81 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1599j. <<NOTE: 10 USC 1599j.>> Restricted reports of
incidents of adult sexual assault
``(a) Restricted Reports.--The Secretary of Defense may provide a
civilian employee of the Department of Defense an opportunity to submit
to an individual described in subsection (d) a restricted report of an
alleged incident of adult sexual assault for the purpose of assisting
the employee in obtaining information and access to authorized victim
support services provided by the Department.
``(b) Restrictions on Disclosures and Initiating Investigations.--
Unless <<NOTE: Determination.>> the Secretary determines that a
disclosure is necessary to prevent or mitigate a serious and imminent
safety threat to the employee submitting the report or to another
person, a restricted report submitted pursuant to subsection (a) shall
not--
``(1) be disclosed to the supervisor of the employee or any
other management official; or
``(2) cause the initiation of a Federal civil or criminal
investigation.
``(c) Duties Under Other Laws.--The receipt of a restricted report
submitted under subsection (a) shall not be construed as imputing actual
or constructive knowledge of an alleged incident of sexual assault to
the Department of Defense for any purpose.
``(d) Individuals Authorized to Receive Restricted Reports.--An
individual described in this subsection is an individual who performs
victim advocate duties under a program for one or more of the following
purposes (or any other program designated by the Secretary):
``(1) Sexual assault prevention and response.
``(2) Victim advocacy.
``(3) Equal employment opportunity.
``(4) Workplace violence prevention and response.
``(5) Employee assistance.
``(6) Family advocacy.
``(e) Definitions.--In this section:
``(1) Civilian employee.--The term `civilian employee' has
the meaning given the term `employee' in section 2105 of title
5.
``(2) Sexual assault.--The term `sexual assault' has the
meaning given that term in section 920 of this title (article
120 of the Uniform Code of Military Justice), and includes
penetrative offenses and sexual contact offenses.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter <<NOTE: 10 USC prec. 1580.>> is amended by adding at the
end the following new item:
``1599j. Restricted reports of incidents of adult sexual assault.''.
[[Page 136 STAT. 2816]]
SEC. 1102. MODIFICATION AND EXTENSION OF AUTHORITY TO WAIVE ANNUAL
LIMITATION ON PREMIUM PAY AND AGGREGATE
LIMITATION ON PAY FOR FEDERAL CIVILIAN
EMPLOYEES WORKING OVERSEAS.
Subsection (a) of section 1101 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4615), as most recently amended by section 1112 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat.
1953), is further amended--
(1) by striking ``that is in the area of responsibility''
and all that follows through ``United States Africa Command,''
and
(2) by striking ``through 2022'' and inserting ``through
2023''.
SEC. 1103. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO GRANT
ALLOWANCES, BENEFITS, AND GRATUITIES TO
CIVILIAN PERSONNEL ON OFFICIAL DUTY IN A
COMBAT ZONE.
Paragraph (2) of section 1603(a) of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and Hurricane
Recovery, 2006 (Public Law 109-234; 120 Stat. 443), as added by section
1102 of the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4616) and as most recently
amended by section 1114 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1954), is further amended
by striking ``2023'' and inserting ``2024''.
SEC. 1104. <<NOTE: 10 USC 2672 note.>> STANDARDIZED CREDENTIALS
FOR LAW ENFORCEMENT OFFICERS OF THE
DEPARTMENT OF DEFENSE.
(a) <<NOTE: Deadline.>> Standardized Credentials Required.--Not
later than 180 days after the date of the enactment of this Act, the
Secretary of Defense shall ensure that--
(1) the Secretary of each military department develops
standardized credentials for Defense law enforcement officers
under their respective authority;
(2) the Secretary of each military department issues such
credential to each such officer at no cost to such officer; and
(3) any Department of Defense common access card issued to
such an officer clearly identifies the officer as a Defense law
enforcement officer.
(b) Defense Law Enforcement Officer Defined.--In this section, the
term ``Defense law enforcement officer'' means a member of the Armed
Forces or civilian employee of the Department of Defense who--
(1) is authorized by law to engage in or supervise the
prevention, detection, investigation, or prosecution of, or the
incarceration of any person for, any violation of law;
(2) has statutory powers of arrest or apprehension under
section 807(b) of title 10, United States Code (article 7(b) of
the Uniform Code of Military Justice); and
(3) is authorized by the Department to carry a firearm.
[[Page 136 STAT. 2817]]
SEC. 1105. <<NOTE: 10 USC 714 note.>> TEMPORARY EXTENSION OF
AUTHORITY TO PROVIDE SECURITY FOR FORMER
DEPARTMENT OF DEFENSE OFFICIALS.
<<NOTE: Time period. Applicability.>> During the period beginning
on the date of enactment of this Act and ending on January 1, 2024,
subsection (b) of section 714 of title 10, United States Code, shall be
applied--
(1) in paragraph (1)(A), by substituting ``a serious and
credible threat'' for ``an imminent and credible threat'';
(2) in paragraph (2)(B), by substituting ``three years'' for
``two years''; and
(3) in paragraph (6)(A), by substituting--
(A) ``congressional leadership and the congressional
defense committees'' for ``the congressional defense
committees''; and
(B) by substituting ``the justification for such
determination, scope of the protection, and the
anticipated cost and duration of such protection'' for
``the justification for such determination''.
SEC. 1106. ENHANCED PAY AUTHORITY FOR CERTAIN RESEARCH AND
TECHNOLOGY POSITIONS IN SCIENCE AND
TECHNOLOGY REINVENTION LABORATORIES.
(a) In General.--Chapter 303 of title 10, United States Code, is
amended by inserting after section 4093 the following new section:
``Sec. 4094. <<NOTE: 10 USC 4094.>> Enhanced pay authority for
certain research and technology positions in
science and technology reinvention laboratories
``(a) In General.--The Secretary of Defense may carry out a program
using the pay authority specified in subsection (d) to fix the rate of
basic pay for positions described in subsection (c) in order to assist
the military departments in attracting and retaining high quality
acquisition and technology experts in positions responsible for managing
and performing complex, high-cost research and technology development
efforts in the science and technology reinvention laboratories of the
Department of Defense.
``(b) Approval Required.--The program may be carried out in a
military department only with the approval of the service acquisition
executive of the military department concerned.
``(c) Positions.--The positions described in this subsection are
positions in the science and technology reinvention laboratories of the
Department of Defense that--
``(1) require expertise of an extremely high level in a
scientific, technical, professional, or acquisition management
field; and
``(2) are critical to the successful accomplishment of an
important research or technology development mission.
``(d) Rate of Basic Pay.--The pay authority specified in this
subsection is authority as follows:
``(1) Authority to fix the rate of basic pay for a position
at a rate not to exceed 150 percent of the rate of basic pay
payable for level I of the Executive Schedule, upon the approval
of the service acquisition executive concerned.
``(2) Authority to fix the rate of basic pay for a position
at a rate in excess of 150 percent of the rate of basic pay
payable for level I of the Executive Schedule, upon the approval
of the Secretary of the military department concerned.
[[Page 136 STAT. 2818]]
``(e) Limitations.--
``(1) In general.--The authority in subsection (a) may be
used only to the extent necessary to competitively recruit or
retain individuals exceptionally well qualified for positions
described in subsection (c).
``(2) Number of positions.--The authority in subsection (a)
may not be used with respect to more than five positions in each
military department at any one time, unless the Under Secretary
of Defense for Research and Engineering, in concurrence with the
Secretaries of the military departments concerned, authorizes
the transfer of positions from one military department to
another.
``(3) Term of positions.--The authority in subsection (a)
may be used only for positions having a term of less than five
years.
``(f) Science and Technology Reinvention Laboratories of the
Department of Defense Defined.--In this section, the term `science and
technology reinvention laboratories of the Department of Defense' means
the laboratories designated as science and technology reinvention
laboratories by section 4121(b) of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 303 of such title <<NOTE: 10 USC prec. 4061.>> is amended by
inserting after the item relating to section 4093 the following new
item:
``4094. Enhanced pay authority for certain research and technology
positions in science and technology reinvention
laboratories.''.
(c) <<NOTE: 10 USC 4094 note.>> Application.--This section shall
take effect immediately after section 881 of this Act.
SEC. 1107. <<NOTE: 10 USC note prec. 1030.>> FLEXIBLE WORKPLACE
PROGRAMS.
<<NOTE: Deadline. Guidance.>> Not later than 120 days after the
date of the enactment of this Act, the Secretary of Defense shall
promulgate guidance to the military departments to promote consistency
in policies relating to flexible workplace programs. Such guidance shall
address at a minimum the conditions under which an employee is allowed
to perform all or a portion of assigned duties--
(1) at a telecommuting center established pursuant to
statute; or
(2) through the use of flexible workplace services
agreements.
SEC. 1108. ELIGIBILITY OF DEPARTMENT OF DEFENSE EMPLOYEES IN TIME-
LIMITED APPOINTMENTS TO COMPETE FOR
PERMANENT APPOINTMENTS.
Section 3304 of title 5, United States Code, is amended by adding at
the end the following:
``(g) Eligibility of Department of Defense Employees in Time-limited
Appointments to Compete for Permanent Appointments.--
``(1) Definitions.--In this subsection--
``(A) the term `Department' means the Department of
Defense; and
``(B) the term `time-limited appointment' means a
temporary or term appointment in the competitive
service.
``(2) Eligibility.--Notwithstanding any other provision of
this chapter or any other provision of law relating to the
examination, certification, and appointment of individuals in
the competitive service, an employee of the Department serving
[[Page 136 STAT. 2819]]
under a time-limited appointment is eligible to compete for a
permanent appointment in the competitive service when the
Department is accepting applications from individuals within its
own workforce, or from individuals outside its own workforce,
under merit promotion procedures, if--
``(A) the employee was appointed initially under
open, competitive examination under subchapter I of this
chapter to the time-limited appointment;
``(B) <<NOTE: Time period.>> the employee has served
under 1 or more time-limited appointments within the
Department for a period or periods totaling more than 2
years without a break of 2 or more years; and
``(C) the employee's performance has been at an
acceptable level of performance throughout the period or
periods referred to in subparagraph (B).
``(3) Career-conditional status; competitive status.--An
individual appointed to a permanent position under this
section--
``(A) becomes a career-conditional employee, unless
the employee has otherwise completed the service
requirements for career tenure; and
``(B) acquires competitive status upon appointment.
``(4) Former employees.--If the Department is accepting
applications as described in paragraph (2), a former employee of
the Department who served under a time-limited appointment and
who otherwise meets the requirements of this section shall be
eligible to compete for a permanent position in the competitive
service under this section if--
``(A) <<NOTE: Deadline.>> the employee applies for
a position covered by this section not later than 2
years after the most recent date of separation; and
``(B) the employee's most recent separation was for
reasons other than misconduct or performance.
``(5) Regulations.--The Office of Personnel Management shall
prescribe regulations necessary for the administration of this
subsection.''.
SEC. 1109. MODIFICATION TO PERSONNEL MANAGEMENT AUTHORITY TO
ATTRACT EXPERTS IN SCIENCE AND
ENGINEERING.
Section 4092 of title 10, united states code, is amended--
(1) in subsection (a)(8), in the second sentence, by
striking ``December 31, 2025'' and inserting ``December 31,
2030'';
(2) in subsection (b)--
(A) in paragraph (1)(H)--
(i) by striking ``10 positions'' and inserting
``15 positions''; and
(ii) by striking ``3 such positions'' and
inserting ``5 such positions''; and
(B) in paragraph (2)(A)--
(i) in the matter preceding clause (i), by
striking ``paragraph (1)(B)'' and inserting
``subparagraphs (B) and (H) of paragraph (1)'';
(ii) in clause (i)--
(I) by striking ``to any of'' and
inserting ``to any of the''; and
[[Page 136 STAT. 2820]]
(II) by inserting ``and any of the 5
positions designated by the Director of
the Space Development Agency'' after
``Projects Agency''; and
(iii) in clause (ii), by striking ``the
Director'' and inserting ``the Director of the
Defense Advanced Research Projects Agency or the
Director of the Space Development Agency''; and
(3) in subsection (c)(2), by inserting ``the Space
Development Agency,'' after ``Intelligence Center,''.
SEC. 1110. <<NOTE: 10 USC note prec. 4091.>> MODIFICATION AND
EXTENSION OF PILOT PROGRAM ON DYNAMIC
SHAPING OF THE WORKFORCE TO IMPROVE THE
TECHNICAL SKILLS AND EXPERTISE AT
CERTAIN DEPARTMENT OF DEFENSE
LABORATORIES.
(a) Repeal of Obsolete Provision.--Section 1109(b)(1) of the
National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-
92) is amended by striking subparagraph (D).
(b) Extension of Authority.--Section 1109(d)(1) of such Act is
amended by striking ``December 31, 2023'' and inserting ``December 31,
2027''.
SEC. 1111. MODIFICATION OF TEMPORARY EXPANSION OF AUTHORITY FOR
NONCOMPETITIVE APPOINTMENTS OF MILITARY
SPOUSES BY FEDERAL AGENCIES.
(a) Extension of Sunset.--Subsection (e) of section 573 of the John
S. McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 5 U.S.C. 3330d note) is amended, in the matter
preceding paragraph (1), by striking ``the date that is 5 years after
the date of the enactment of this Act'' and inserting ``December 31,
2028''.
(b) Repeal of Opm Limitation and Reports.--Subsection (d) of such
section is repealed.
SEC. 1112. MODIFICATION TO PILOT PROGRAM FOR THE TEMPORARY
ASSIGNMENT OF CYBER AND INFORMATION
TECHNOLOGY PERSONNEL TO PRIVATE SECTOR
ORGANIZATIONS.
Section 1110(d) of the National Defense Authorization Act for Fiscal
Year 2010 (5 U.S.C. 3702 note; Public Law 111-84) is amended by striking
``September 30, 2022'' and inserting ``December 31, 2026''.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Payment of personnel expenses necessary for participation in
training program conducted by Colombia under the United
States-Colombia Action Plan for Regional Security.
Sec. 1202. Modifications to Reports on Security Cooperation.
Sec. 1203. Modification of authority for participation in multinational
centers of excellence.
Sec. 1204. Modification of existing authorities to provide for an
Irregular Warfare Center and a Regional Defense Fellowship
Program.
Sec. 1205. Modification to authority to provide support for conduct of
operations.
Sec. 1206. Extension and modification of authority for reimbursement of
certain coalition nations for support provided to United
States military operations.
Sec. 1207. Modification and extension of authority to support border
security operations of certain foreign countries.
[[Page 136 STAT. 2821]]
Sec. 1208. Security cooperation programs with foreign partners to
advance women, peace, and security.
Sec. 1209. Review of implementation of prohibition on use of funds for
assistance to units of foreign security forces that have
committed a gross violation of human rights.
Sec. 1210. Independent assessment of United States efforts to train,
advise, assist, and equip the military forces of Somalia.
Sec. 1211. Security cooperation activities at Counter-UAS University.
Sec. 1212. Defense Operational Resilience International Cooperation
Pilot Program.
Subtitle B--Matters Relating to Afghanistan and Pakistan
Sec. 1221. Extension of authority for certain payments to redress
injury and loss.
Sec. 1222. Additional matters for inclusion in reports on oversight in
Afghanistan.
Sec. 1223. Prohibition on transporting currency to the Taliban and the
Islamic Emirate of Afghanistan.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
Sec. 1231. Modification of annual report on the military capabilities
of Iran and related activities.
Sec. 1232. Extension of authority to support operations and activities
of the Office of Security Cooperation in Iraq.
Sec. 1233. Extension of authority to provide assistance to vetted
Syrian groups and individuals.
Sec. 1234. Extension and modification of authority to provide
assistance to counter the Islamic State of Iraq and Syria.
Sec. 1235. Prohibition on transfers to Iran.
Sec. 1236. Report on Islamic Revolutionary Guard Corps-affiliated
operatives abroad.
Sec. 1237. Assessment of support to Iraqi Security Forces and Kurdish
Peshmerga Forces to counter air and missile threats.
Sec. 1238. Interagency strategy to disrupt and dismantle narcotics
production and trafficking and affiliated networks linked to
the regime of Bashar al-Assad in Syria.
Sec. 1239. Prohibition on transfers to Badr Organization.
Sec. 1240. Report on United Nations arms embargo on Iran.
Subtitle D--Matters Relating to Russia
Sec. 1241. Modification and extension of Ukraine Security Assistance
Initiative.
Sec. 1242. Extension of limitation on military cooperation between the
United States and Russia.
Sec. 1243. Modification to annual report on military and security
developments involving the Russian Federation.
Sec. 1244. Temporary authorizations related to Ukraine and other
matters.
Sec. 1245. Prohibition on availability of funds relating to sovereignty
of the Russian Federation over internationally recognized
territory of Ukraine.
Sec. 1246. Report on Department of Defense plan for the provision of
short and medium-term security assistance to Ukraine.
Sec. 1247. Oversight of United States assistance to Ukraine.
Subtitle E--Matters Relating to the Indo-Pacific Region
Sec. 1251. Modification to annual report on military and security
developments involving the People's Republic of China.
Sec. 1252. Modification of Indo-Pacific Maritime Security Initiative to
authorize use of funds for the Coast Guard.
Sec. 1253. Modification of prohibition on participation of the People's
Republic of China in rim of the Pacific (RIMPAC) naval
exercises to include cessation of genocide by China.
Sec. 1254. Extension and modification of Pacific Deterrence Initiative.
Sec. 1255. Extension of authority to transfer funds for Bien Hoa dioxin
cleanup.
Sec. 1256. Enhanced indications and warning for deterrence and
dissuasion.
Sec. 1257. Prohibition on use of funds to support entertainment
projects with ties to the Government of the People's Republic
of China.
Sec. 1258. Reporting on institutions of higher education domiciled in
the People's Republic of China that provide support to the
People's Liberation Army.
Sec. 1259. Review of port and port-related infrastructure purchases and
investments made by the Government of the People's Republic
of China and entities directed or backed by the Government of
the People's Republic of China.
Sec. 1260. Enhancing major defense partnership with India.
Sec. 1261. Pilot program to develop young civilian defense leaders in
the Indo-Pacific region.
[[Page 136 STAT. 2822]]
Sec. 1262. Report on bilateral agreements supporting United States
military posture in the Indo-Pacific region.
Sec. 1263. Statement of policy on Taiwan.
Sec. 1264. Sense of congress on joint exercises with Taiwan.
Sec. 1265. Sense of Congress on defense alliances and partnerships in
the Indo-Pacific region.
Subtitle F--Other Matters
Sec. 1271. North Atlantic Treaty Organization Special Operations
Headquarters.
Sec. 1272. Sense of Congress on NATO and United States defense posture
in Europe.
Sec. 1273. Report on Fifth Fleet capabilities upgrades.
Sec. 1274. Report on use of social media by foreign terrorist
organizations.
Sec. 1275. Report and feasibility study on collaboration to meet shared
national security interests in East Africa.
Sec. 1276. Assessment of challenges to implementation of the
partnership among Australia, the United Kingdom, and the
United States.
Sec. 1277. Modification and extension of United States-Israel
cooperation to counter unmanned aerial systems.
Sec. 1278. Sense of Congress and briefing on multinational force and
observers.
Sec. 1279. Briefing on Department of Defense program to protect United
States students against foreign agents.
Subtitle A--Assistance and Training
SEC. 1201. PAYMENT OF PERSONNEL EXPENSES NECESSARY FOR
PARTICIPATION IN TRAINING PROGRAM
CONDUCTED BY COLOMBIA UNDER THE UNITED
STATES-COLOMBIA ACTION PLAN FOR REGIONAL
SECURITY.
(a) In General.--Subchapter IV of chapter 16 of title 10, United
States Code, is amended by adding at the end the following:
``Sec. 335. <<NOTE: 10 USC 335.>> Payment of personnel expenses
necessary for participation in training program
conducted by Colombia under the United States-
Colombia Action Plan for Regional Security
``(a) Authority.--The Secretary of Defense may pay the expendable
training supplies, travel, subsistence, and similar personnel expenses
of, and special compensation for, the following that the Secretary
considers necessary for participation in the training program conducted
by Colombia under the United States-Colombia Action Plan for Regional
Security:
``(1) Defense personnel of friendly foreign governments.
``(2) With the concurrence of the Secretary of State, other
personnel of friendly foreign governments and nongovernmental
personnel.
``(b) Limitation.--
``(1) In general.--Except as provided in paragraph (2), the
authority provided in subsection (a) may only be used for the
payment of such expenses of, and special compensation for, such
personnel from developing countries.
``(2) <<NOTE: Determination.>> Exception.-- The Secretary
may authorize the payment of such expenses of, and special
compensation for, such personnel from a country other than a
developing country if the Secretary determines that such payment
is--
``(A) necessary to respond to extraordinary
circumstances; and
``(B) in the national security interest of the
United States.''.
[[Page 136 STAT. 2823]]
(b) Conforming Amendment.--The table of sections at the beginning of
subchapter IV of chapter 16 of title 10, United States Code, <<NOTE: 10
USC prec. 331.>> is amended by adding at the end the following new
item:
``335. Payment of personnel expenses necessary for participation in
training program conducted by Colombia under the United
States-Colombia Action Plan for Regional Security.''.
SEC. 1202. MODIFICATIONS TO REPORTS ON SECURITY COOPERATION.
(a) Support to Friendly Foreign Countries for Conduct Operations.--
Section 331(d)(2) of title 10, United States Code, is amended--
(1) by redesignating subparagraph (E) as subparagraph (F);
and
(2) by inserting after subparagraph (D) the following new
subparagraph:
``(E) A description of each entity with which the
applicable friendly foreign country is engaged in
hostilities and whether each such entity is covered by
an authorization for the use of military force.''.
(b) Defense Institution Capacity Building.--Section 332(b)(2) of
title 10, United States Code, is amended--
(1) by striking ``quarter'' each place it appears; and
(2) by striking ``Each fiscal year'' and inserting ``Not
later than February 1 of each year''.
(c) Authority to Build Capacity of Foreign Forces.--Section 333(f)
of title 10, United States Code, is amended--
(1) in the heading, by striking ``Quarterly'' and inserting
``Semi-Annual'';
(2) in the matter preceding paragraph (1)--
(A) by striking ``a quarterly'' and inserting ``a
semi-annual''; and
(B) by striking ``calendar quarter'' and inserting
``180 days''.
(d) Annual Report on Security Cooperation Activities.--Section 386
of title 10, United States Code, is amended to read as follows:
``Sec. 386. Annual report
``(a) Annual Report Required.--Not later than March 31 of each year,
the Secretary of Defense shall submit to the appropriate congressional
committees a report that sets forth, on a country-by-country basis, an
overview of security cooperation activities carried out by the
Department of Defense during the fiscal year in which such report is
submitted, using the authorities specified in subsection (b).
``(b) Elements of Report.--Each report required under subsection (a)
shall include, with respect to each country and for the entirety of the
period covered by such report, the following:
``(1) <<NOTE: Summary.>> A narrative summary that
provides--
``(A) a brief overview of the primary security
cooperation objectives for the activities encompassed by
the report; and
``(B) a description of how such activities advance
the theater security cooperation strategy of the
relevant geographic combatant command.
``(2) <<NOTE: Costs.>> A table that includes an aggregated
amount with respect to each of the following:
[[Page 136 STAT. 2824]]
``(A) With respect to amounts made available for
section 332(a) of this title, the Department of Defense
cost to provide any Department personnel as advisors to
a ministry of defense.
``(B) With respect to amounts made available for
section 332(b) of this title, the Department of Defense
incremental execution costs to conduct activities under
such section.
``(C) With respect to section 333 of this title, the
value of all programs for which notice is required by
such section.
``(D) With respect to section 335 of this title, the
total Department of Defense costs to fund expenses to
attend training provided by the Government of Colombia
that began during the period of the report.
``(E) With respect to amounts made available for
section 341 of this title, the Department of Defense
manpower and travel costs to conduct bi-lateral state
partnership program engagements with the partner
country.
``(F) With respect to amounts made available for
section 342 of this title, the Department of Defense-
funded, foreign-partner travel costs to attend a
regional center activity that began during the period of
the report.
``(G) <<NOTE: Cost estimate.>> With respect to
amounts made available for section 345 of this title,
the estimated Department of Defense execution cost to
complete all training that began during the period of
the report.
``(H) With respect to amounts made available for
section 2561 of this title, the planned execution cost
of completing humanitarian assistance activities for the
partner country that were approved for the period of the
report.
``(3) A table that includes aggregated totals for each of
the following:
``(A) Pursuant to section 311 of this title, the
number of personnel from a partner country assigned to a
Department of Defense organization.
``(B) Pursuant to section 332(a) of this title, the
number of Department of Defense personnel assigned as
advisors to a ministry of defense.
``(C) Pursuant to section 332(b) of this title, the
number of activities conducted by the Department of
Defense.
``(D) The number of new programs carried out during
the period of the report that required notice under
section 333 of this title.
``(E) With respect to section 335 of this title, the
number of partner country officials who participated in
training provided by the Government of Colombia that
began during the period of the report.
``(F) With respect to section 341 of this title, the
number of Department of Defense bilateral state
partnership program engagements with the partner country
that began during the period of the report.
``(G) With respect to section 342 of this title, the
number of partner country officials who participated in
regional center activity that began during the period of
the report.
``(H) Pursuant to the authorities under sections
343, 345, 348, 349, 350 and 352 of this title, the total
number
[[Page 136 STAT. 2825]]
of partner country personnel who began training during
the period of the report.
``(I) Pursuant to section 347 of this title, the
number of cadets from the partner country that were
enrolled in the Service Academies during the period of
the report.
``(J) Pursuant to amounts made available to carry
out section 2561 of this title, the number of new
humanitarian assistance projects funded through the
Overseas Humanitarian Disaster and Civic Aid account
that were approved during the period of the required
report.
``(4) A table that includes the following:
``(A) For each person from the partner country
assigned to a Department of Defense organization
pursuant to section 311 of this title--
``(i) whether the person is a member of the
armed forces or a civilian;
``(ii) the rank of the person (if applicable);
and
``(iii) the component of the Department of
Defense and location to which such person is
assigned.
``(B) With respect to each civilian employee of the
Department of Defense or member of the armed forces that
was assigned, pursuant to section 332(a) of this title,
as an advisor to a ministry of defense during the period
of the report, a description of the object of the
Department of Defense for such support and the name of
the ministry or regional organization to which the
employee or member was assigned.
``(C) With respect to each activity commenced under
section 332(b) of this title during the period of the
report--
``(i) the name of the supported ministry or
regional organization;
``(ii) the component of the Department of
Defense that conducted the activity;
``(iii) the duration of the activity; and
``(iv) a description of the objective of the
activity.
``(D) For each program that required notice to
Congress under section 333 of this title during the
period of the report--
``(i) the units of the national security
forces of the foreign country to which assistance
was provided;
``(ii) the type of operation capability
assisted;
``(iii) a description of the nature of the
assistance being provided; and
``(iv) <<NOTE: Cost estimate.>> the estimated
cost included in the notice provided for such
assistance.
``(E) <<NOTE: Colombia.>> With respect to each
Government of Colombia training activity which included
Department of Defense funded participants under section
335 of this title that commenced during the period of
the report--
``(i) the units of the defense personnel of
the friendly foreign country to which the
Department of Defense funded assistance was
provided;
``(ii) the units of the Government of Colombia
that conducted the training activity;
``(iii) the duration of the training activity
provided by the Government of Colombia;
[[Page 136 STAT. 2826]]
``(iv) a description of the objective of the
training activity provided by the Government of
Colombia.
``(F) With respect to each activity commenced under
section 341 of this title during the period of the
report--
``(i) a description of the activity;
``(ii) the duration of the activity;
``(iii) the number of participating members of
the National Guard; and
``(iv) the number of participating personnel
of foreign country.
``(G) With respect to each activity of a Regional
Center for Security Studies commenced under section 342
of this title during the period of the report--
``(i) a description of the activity;
``(ii) the name of the Regional Center that
sponsored the activity;
``(iii) the location and duration of the
training; and
``(iv) the number of officials from the
foreign country who participated the activity.
``(H) With respect to each training event that
commenced under sections 343, 345, 348, 349, 350, or 352
of this title during the period of the report--
``(i) a description of the training;
``(ii) the location and duration of the
training; and
``(iii) the number of personnel of the foreign
country trained.
``(I) With respect to each new project approved
under section 2561 of this title during the period of
the report and funded through the Overseas Humanitarian
Disaster and Civic Aid account--
``(i) the title of the project;
``(ii) a description of the assistance to be
provided; and
``(iii) <<NOTE: Costs.>> the anticipated
costs to provide such assistance.''.
(e) Applicability of Amendment to Annual Report
Requirements. <<NOTE: 10 USC 386 note.>> --With respect to a report that
was required to be submitted under section 386 of title 10, United
States Code, prior to the date of the enactment of this Act, that has
not been submitted as of such date and relates to a year preceding
fiscal year 2023, such a report may be submitted in accordance with--
(1) the requirements of such section 386 as amended by
subsection (d); or
(2) the requirements of such section 386 as in effect on the
day before the date of the enactment of this Act.
SEC. 1203. MODIFICATION OF AUTHORITY FOR PARTICIPATION IN
MULTINATIONAL CENTERS OF EXCELLENCE.
Section 344(f) of title 10, United States Code, is amended--
(1) in paragraph (1)(D), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) the International Special Training Centre, established
in 1979 and located in Pfullendorf, Germany.''.
[[Page 136 STAT. 2827]]
SEC. 1204. MODIFICATION OF EXISTING AUTHORITIES TO PROVIDE FOR AN
IRREGULAR WARFARE CENTER AND A REGIONAL
DEFENSE FELLOWSHIP PROGRAM.
(a) In General.--Section 345 of title 10, United States Code, is
amended--
(1) by amending the section heading to read as follows:
``Irregular Warfare Center and Regional Defense Fellowship
Program'';
(2) in subsection (a)--
(A) in the subsection heading, by striking ``Program
Authorized'' and inserting ``Authorities'';
(B) by amending paragraph (1) to read as follows:
``(1) In general.--The Secretary of Defense may--
``(A) operate and administer a Center for Strategic
Studies in Irregular Warfare, to be known as the
`Irregular Warfare Center', in accordance with the
requirements described in subsection (c); and
``(B) carry out a program, to be known as the
`Regional Defense Fellowship Program', to provide for
the education and training of foreign personnel
described in paragraph (2) at military or civilian
educational institutions, the Irregular Warfare Center,
regional centers, conferences, seminars, or other
training programs conducted for purposes of regional
defense in connection with irregular warfare or
combating terrorism.'';
(C) by striking paragraphs (2) and (3); and
(D) by inserting after paragraph (1) (as amended)
the following:
``(2) Covered costs.--The Secretary may pay the following
costs associated with exercising the authorities under this
section:
``(A) Costs of travel, subsistence, and similar
personnel expenses of, and special compensation for--
``(i) defense personnel of friendly foreign
governments to attend activities of the Irregular
Warfare Center or attend the Regional Defense
Fellowship Program;
``(ii) with the concurrence of the Secretary
of State, other personnel of friendly foreign
governments and non-governmental personnel to
attend activities of the Irregular Warfare Center
or attend the Regional Defense Fellowship Program;
and
``(iii) foreign personnel and United States
Government personnel necessary for the
administration and execution of the authorities
under this section.
``(B) Costs associated with the administration and
operation of the Irregular Warfare Center, including
costs associated with--
``(i) research, communication, the exchange of
ideas, curriculum development and review, and
training of military and civilian participants of
the United States and other countries, as the
Secretary considers necessary; and
``(ii) maintaining an international network of
irregular warfare policymakers and practitioners
to achieve the objectives of the Department of
Defense and the Department of State.
[[Page 136 STAT. 2828]]
``(C) Costs associated with strategic engagement
with alumni of the Regional Defense Fellowship Program
to address Department of Defense objectives and planning
on irregular warfare and combating terrorism topics.'';
(3) in subsection (b)--
(A) in the subsection heading, by striking
``Regulations'' and inserting ``Regulations for Regional
Defense Fellowship Program''; and
(B) in paragraph (1), by striking ``The program
authorized by subsection (a)'' and inserting ``The
authorities granted to the Secretary of Defense under
subsection (a)(1)(B)'';
(4) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(5) by inserting after subsection (b) the following:
``(c) Irregular Warfare Center.--
``(1) Mission.--The mission of the Irregular Warfare Center
shall be to serve as a central mechanism for developing the
irregular warfare knowledge of the Department of Defense and
advancing the understanding of irregular warfare concepts and
doctrine, in collaboration with key partners and allies, by--
``(A) coordinating and aligning Department education
curricula, standards, and objectives related to
irregular warfare;
``(B) facilitating research on irregular warfare,
strategic competition, and the role of the Department in
supporting interagency activities relating to irregular
warfare;
``(C) engaging and coordinating with Federal
departments and agencies and with academia,
nongovernmental organizations, civil society, and
international partners to discuss and coordinate efforts
on security challenges in irregular warfare;
``(D) developing curriculum and conducting training
and education of military and civilian participants of
the United States and other countries, as determined by
the Secretary of Defense; and
``(E) serving as a coordinating body and central
repository for irregular warfare resources, including
educational activities and programs, and lessons learned
across components of the Department.
``(2) Employment and compensation of faculty.--With respect
to the Irregular Warfare Center--
``(A) the Secretary of Defense may, subject to the
availability of appropriations, employ a Director, a
Deputy Director, and such civilians as professors,
instructors, and lecturers, as the Secretary considers
necessary; and
``(B) compensation of individuals employed under
this section shall be as prescribed by the Secretary.
``(3) Partnership with institution of higher education.--
``(A) In general.--In operating the Irregular
Warfare Center, to promote integration throughout the
United States Government and civil society across the
full spectrum of irregular warfare competition and
conflict challenges, the Secretary of Defense may
partner with an institution of higher education (as such
term is defined
[[Page 136 STAT. 2829]]
in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001)).
``(B) <<NOTE: Contracts.>> Types of partnerships.--
The Secretary may establish a partnership under
subparagraph (A) by--
``(i) entering into an intergovernmental
support agreement pursuant to section 2679 of this
title; or
``(ii) entering into a contract or cooperative
agreement or awarding a grant through the Defense
Security Cooperation University.
``(C) Determination required.--The Secretary of
Defense shall make a determination with respect to the
desirability of partnering with an institution of higher
education in a Government-owned, contractor-operated
partnership, such as the partnership structure used by
the Department of Defense for University Affiliated
Research Centers, for meeting the mission requirements
of the Irregular Warfare Center.
``(4) <<NOTE: Guidance.>> Roles and responsibilities.--The
Secretary of Defense shall prescribe guidance for the roles and
responsibilities of the relevant components of the Department of
Defense in the administration, operation, and oversight of the
Irregular Warfare Center, which shall include the roles and
responsibilities of the following:
``(A) The Under Secretary of Defense for Policy and
the Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict in policy
oversight and governance structure of the Center.
``(B) The Director of the Defense Security
Cooperation Agency, as the Executive Agent in support of
the operation of the Center.
``(C) Any other official of the Department of
Defense, as determined by the Secretary.'';
(6) in subsection (d) (as redesignated), by striking
``subsection (a)'' each place it appears and inserting
``subsection (a)(1)(B)'';
(7) in subsection (e) (as redesignated)--
(A) in paragraph (3), by striking ``subsection (a)''
and inserting ``subsection (a)(1)(B)''; and
(B) by adding at the end the following:
``(6) A discussion of how the training from the previous
year incorporated lessons learned from ongoing conflicts.''; and
(8) by inserting after subsection (e) (as redesignated) the
following:
``(f) <<NOTE: Deadline.>> Annual Review of Irregular Warfare
Center.--Not later than December 1, 2024, and annually thereafter, the
Secretary of Defense--
``(1) <<NOTE: Determination.>> shall conduct a review of the
structure and activities of the Irregular Warfare Center to
determine whether such structure and activities are
appropriately aligned with the strategic priorities of the
Department of Defense and the applicable combatant commands; and
``(2) may, after an annual review under paragraph (1),
revise the relevant structure and activities so as to more
appropriately align such structure and activities with the
strategic priorities and combatant commands.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter V of chapter 16 of title 10, <<NOTE: 10 USC prec. 341.>>
United States Code,
[[Page 136 STAT. 2830]]
is amended by striking the item relating to section 345 and inserting
the following:
``345. Irregular Warfare Center and Regional Defense Fellowship
Program.''.
(c) Repeal of Treatment as Regional Center for Security Studies.--
Section 1299L(b) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat.
4012; 10 U.S.C. 342 note) is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively.
(d) Sense of Congress.--It is the sense of Congress that a Center
for Security Studies in Irregular Warfare established under section 345
of title 10, United States Code, as amended by subsection (a), should be
known as the ``John S. McCain III Center for Security Studies in
Irregular Warfare''.
(e) Plan for Irregular Warfare Center.--
(1) <<NOTE: Deadline.>> In general.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall submit to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives a plan for establishing the structure,
operations, and administration of the Irregular Warfare Center
described in section 345(a)(1) of title 10, United States Code,
as amended by subsection (a)(2)(B).
(2) Elements.--The plan required by paragraph (1) shall
include--
(A) <<NOTE: Timeline.>> a timeline and milestones
for the establishment of the Irregular Warfare Center;
and
(B) steps to enter into partnerships and resource
agreements with academic institutions of the Department
of Defense or other academic institutions, including any
agreement for hosting or operating the Irregular Warfare
Center.
SEC. 1205. MODIFICATION TO AUTHORITY TO PROVIDE SUPPORT FOR
CONDUCT OF OPERATIONS.
Notwithstanding subsection (g)(1) of section 331 of title 10, United
States Code, the aggregate value of all logistic support, supplies, and
services provided under paragraphs (1), (4), and (5) of subsection (c)
of such section 331 in each of fiscal years 2023 and 2024 may not exceed
$950,000,000.
SEC. 1206. EXTENSION AND MODIFICATION OF AUTHORITY FOR
REIMBURSEMENT OF CERTAIN COALITION
NATIONS FOR SUPPORT PROVIDED TO UNITED
STATES MILITARY OPERATIONS.
Section 1233 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 393) is amended--
(1) in subsection (a), by striking ``for the period
beginning on October 1, 2021, and ending on December 31, 2022''
and inserting ``for the period beginning on October 1, 2022, and
ending on December 31, 2023''; and
(2) in subsection (d)--
(A) by striking ``during the period beginning on
October 1, 2021, and ending on December 31, 2022'' and
inserting ``during the period beginning on October 1,
2022, and ending on December 31, 2023''; and
[[Page 136 STAT. 2831]]
(B) by striking ``$60,000,000'' and inserting
``$30,000,000''.
SEC. 1207. MODIFICATION AND EXTENSION OF AUTHORITY TO SUPPORT
BORDER SECURITY OPERATIONS OF CERTAIN
FOREIGN COUNTRIES.
(a) Modification.--Subsection (e) of section 1226 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 1056; 22 U.S.C. 2151 note) is amended by striking paragraph (4).
(b) Extension.--Subsection (h) of such section is amended by
striking ``December 31, 2023'' and inserting ``December 31, 2025''.
SEC. 1208. <<NOTE: Time period. 10 USC 301 note.>> SECURITY
COOPERATION PROGRAMS WITH FOREIGN
PARTNERS TO ADVANCE WOMEN, PEACE, AND
SECURITY.
(a) In General.--During fiscal years 2023 through 2025, the
Secretary of Defense, in coordination with the Secretary of State, may
conduct or support security cooperation programs and activities
involving the national military forces or national-level security forces
of a foreign country, or other covered personnel, to advise, train, and
educate such forces or personnel with respect to--
(1) the recruitment, employment, development, retention,
promotion, and meaningful participation in decisionmaking of
women;
(2) sexual harassment, sexual assault, domestic abuse, and
other forms of violence that disproportionately impact women;
(3) the requirements of women, including providing
appropriate equipment and facilities; and
(4) the implementation of activities described in this
subsection, including the integration of such activities into
security-sector policy, planning, exercises, and training, as
appropriate.
(b) Annual Report.--Not later than 90 days after the end of each of
fiscal years 2023 through 2025, the Secretary of Defense shall submit to
the congressional defense committees a report detailing the assistance
provided under this section and specifying the recipients of such
assistance.
(c) Other Covered Personnel Defined.--In this section, the term
``other covered personnel'' means personnel of the ministry of defense
or other governmental entity carrying out similar functions of a foreign
country.
SEC. 1209. REVIEW OF IMPLEMENTATION OF PROHIBITION ON USE OF FUNDS
FOR ASSISTANCE TO UNITS OF FOREIGN
SECURITY FORCES THAT HAVE COMMITTED A
GROSS VIOLATION OF HUMAN RIGHTS.
(a) Sense of Congress.--It is the sense of Congress that the
promotion of human rights is a critical element of Department of Defense
security cooperation programs and activities that advance United States
national security interests and values.
(b) Review.--
(1) <<NOTE: Deadline.>> In general.--Not later than 60 days
after the date of the enactment of this Act, the Secretary of
Defense, in consultation with the commanders of the geographic
combatant commands, shall initiate a review of the policies,
guidance, and processes for Department of Defense-wide
implementation of section 362 of title 10, United States Code.
(2) <<NOTE: Assessments.>> Elements.--The review required by
paragraph (1) shall include an assessment of the following:
[[Page 136 STAT. 2832]]
(A) The standards and procedures by which the
Secretary, before making a decision to provide
assistance to a unit of a foreign security force under
section 362 of title 10, United States Code, gives full
consideration to credible information that the unit has
committed a gross violation of human rights, including
credible information available to the Department of
State relating to human rights violations by such unit.
(B) The roles and responsibilities of Department of
Defense components in implementing such section,
including the Under Secretary of Defense for Policy, the
Deputy Assistant Secretary of Defense for Global
Partnerships, the geographic combatant commands, and the
Office of the General Counsel, and whether such
components are adequately funded, resourced, and manned
to carry out their respective roles and
responsibilities.
(C) The standards and procedures by which the
Secretary implements the exception under subsection (b)
of such section based on a determination that all
necessary corrective steps have been taken.
(D) The standards and procedures by which the
Secretary exercises the waiver authority under
subsection (c) of such section based on a determination
that a waiver is required by extraordinary
circumstances.
(E) The policies, standards, and processes for the
remediation of units of foreign security forces
described in such section and resumption of assistance
consistent with such section, and the effectiveness of
such remediation process.
(F) The process by which the Secretary determines
whether a unit of a foreign security force designated to
receive training, equipment, or other assistance under
such section is new or fundamentally different from its
predecessor for which there was determined to be
credible information that the unit had committed a gross
violation of human rights.
(c) Reports.--
(1) <<NOTE: Recommenda- tions.>> Findings of review.--Not
later than 180 days after the date of the enactment of this Act,
the Secretary shall submit to the congressional defense
committees a report on the findings of the review conducted
under subsection (b) that includes any recommendations or
corrective actions necessary with respect to the policies,
guidance, and processes for Department of Defense-wide
implementation of section 362 of title 10, United States Code.
(2) Remediation process.--
(A) <<NOTE: Time period.>> In general.--Not later
than 180 days after the date of the enactment of this
Act, and every 180 days thereafter through fiscal year
2025, the Secretary shall submit to the appropriate
committees of Congress a report on the remediation
process under section 362 of title 10, United States
Code, and resumption of assistance consistent with such
section.
(B) Elements.--Each report required by subparagraph
(A) shall include the following:
[[Page 136 STAT. 2833]]
(i) An identification of the units of foreign
security forces that currently have been
determined under section 362 of title 10, United
States Code, to be ineligible to receive
Department of Defense training, equipment, or
other assistance.
(ii) With respect to each unit identified
under clause (i), the date on which such
determination was made.
(iii) The number of requests submitted by
geographic combatant commands for review by a
remediation review panel with respect to
resumption of assistance to a unit of a foreign
security force that has been denied assistance
under such section, disaggregated by geographic
combatant command.
(iv) For the preceding reporting period, the
number of--
(I) remediation review panels
convened; and
(II) cases resolved.
(C) Appropriate committees of congress defined.--In
this paragraph, the term ``appropriate committees of
Congress'' means--
(i) the Committee on Armed Services, the
Committee on Foreign Relations, and the Committee
on Appropriations of the Senate; and
(ii) the Committee on Armed Services, the
Committee on Foreign Affairs, and the Committee on
Appropriations of the House of Representatives.
SEC. 1210. INDEPENDENT ASSESSMENT OF UNITED STATES EFFORTS TO
TRAIN, ADVISE, ASSIST, AND EQUIP THE
MILITARY FORCES OF SOMALIA.
(a) In General.--The Secretary of Defense shall provide for an
independent assessment of Department of Defense efforts to train,
advise, assist, and equip the military forces of Somalia.
(b) Conduct of Assessment.--To conduct the assessment required by
subsection (a), the Secretary shall select--
(1) a federally funded research and development center; or
(2) an independent, nongovernmental institute described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code that has
recognized credentials and expertise in national security and
military affairs appropriate for the assessment.
(c) Elements.--The assessment required by subsection (a) shall
include an assessment of the following:
(1) The evolution of United States approaches to training,
advising, assisting, and equipping the military forces of
Somalia.
(2) The extent to which--
(A) the Department has an established plan, with
objectives and milestones, for the effort to train,
advise, assist, and equip such forces;
(B) advisory efforts are meeting objectives,
including whether and the manner in which--
(i) advisors track the operational
effectiveness of such forces; and
[[Page 136 STAT. 2834]]
(ii) any such data informs future training and
advisory efforts;
(C) the Department sufficiently engages,
collaborates, and deconflicts with--
(i) other Federal departments and agencies
that conduct assistance and advisory engagements
with such forces; and
(ii) international and multilateral entities
that conduct assistance and advisory engagements
with such forces; and
(D) the Department has established and enforced a
policy, processes, and procedures for accountability
relating to equipment provided by the United States to
such forces.
(3) Factors that have hindered, or may in the future hinder,
the development of professional, sustainable, and capable such
forces.
(4) With respect to the effort to train, advise, assist, and
equip such forces, the extent to which the December 2020
decision to reduce and reposition outside Somalia the majority
of the members of the United States Armed Forces assigned to
carry out the effort has impacted the effectiveness of the
effort.
(d) Report.--Not later than December 31, 2023, the entity selected
to conduct the assessment required by subsection (a) shall submit to the
Secretary and the congressional defense committees a report containing
the findings of the assessment.
(e) Funding.--Of the amounts authorized to be appropriated for
fiscal year 2023 and available for operation and maintenance for
Defense-wide activities, up to $1,000,000 shall be made available for
the assessment required by subsection (a).
SEC. 1211. SECURITY COOPERATION ACTIVITIES AT COUNTER-UAS
UNIVERSITY.
<<NOTE: Deadline. Briefing.>> Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall brief the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives on how the Department of
Defense intends to bolster security cooperation activities with allies
and partners at the C-UAS University, including an identification of any
shortfalls in resourcing or gaps in authorities that could inhibit these
security cooperation efforts.
SEC. 1212. <<NOTE: 10 USC 311 note.>> DEFENSE OPERATIONAL
RESILIENCE INTERNATIONAL COOPERATION
PILOT PROGRAM.
(a) Establishment.--The Secretary of Defense, in consultation with
the Secretary of State and in coordination with the commanders of the
geographic combatant commands, may establish a pilot program, to be
known as the ``Defense Operational Resilience International Cooperation
Pilot Program'' (in this section referred to as the ``pilot program'')
to support engagement with military forces of partner countries on
defense-related environmental and operational energy issues in support
of the theater campaign plans of the geographic combatant commands.
(b) Duration.--The Secretary of Defense may carry out the pilot
program during the period beginning on the date of the enactment of this
Act and ending on December 31, 2025.
(c) Limitations.--
[[Page 136 STAT. 2835]]
(1) Purposes.--The pilot program shall be limited to the
following purposes:
(A) To build military-to-military relationships in
support of the efforts of the Department of Defense to
engage in long-term strategic competition.
(B) To sustain the mission capability and forward
posture of the Armed Forces of the United States.
(C) To enhance the capability, capacity, and
resilience of the military forces of partner countries.
(2) Prohibited assistance.--The Secretary may not use the
pilot program to provide assistance that is in violation of
section 362 of title 10, United States Code, or otherwise
prohibited by law.
(3) <<NOTE: Plan.>> Security cooperation.--The Secretary
shall plan and prioritize assistance, training, and exercises
with partner countries pursuant to the pilot program in a manner
that is consistent with applicable guidance relating to security
cooperation program and activities of the Department of Defense.
(d) Funding.--Of amounts authorized to be appropriated by this Act
for each of fiscal years 2023 through 2025 and available for operation
and maintenance, the Secretary may make available $10,000,000 to support
the pilot program, which shall be allocated in accordance with the
priorities of the commanders of the geographic combatant commands.
(e) Annual Report.--
(1) In general.--With respect to each year the Secretary
carries out the pilot program, the Secretary shall submit to the
congressional defense committees a report on obligations and
expenditures made to carry out the pilot program during the
fiscal year that precedes the year during which each such report
is submitted.
(2) Deadline.--The Secretary shall submit each such report
not later than March 1 of each year during which the Secretary
has authority to carry out the pilot program.
(3) Elements.--Each such report shall include the following:
(A) An accounting of each obligation and expenditure
made to carry out the pilot program, disaggregated,
where applicable, by partner country and military force
of a partner country.
(B) An explanation of the manner in which each such
obligation or expenditure--
(i) supports the national defense of the
United States; and
(ii) is in accordance with limitations
described in subsection (c).
(C) Any other matter the Secretary determines to be
relevant.
(f) <<NOTE: Time period.>> Temporary Cessation of Authorization.--
No funds authorized to be appropriated or otherwise made available for
any of fiscal years 2023 through 2025 for the Department of Defense may
be made available for the ``Defense Environmental International
Cooperation Program''. During the period specified in subsection (b),
all activities and functions of the ``Defense Environmental
International Cooperation Program'' may only be carried out under the
pilot program.
[[Page 136 STAT. 2836]]
Subtitle B--Matters Relating to Afghanistan and Pakistan
SEC. 1221. EXTENSION OF AUTHORITY FOR CERTAIN PAYMENTS TO REDRESS
INJURY AND LOSS.
Section 1213(a) of the National Defense Authorization Act for Fiscal
Year 2020 (10 U.S.C. 2731 note) is amended by striking ``December 31,
2023'' and inserting ``December 31, 2033''.
SEC. 1222. ADDITIONAL MATTERS FOR INCLUSION IN REPORTS ON
OVERSIGHT IN AFGHANISTAN.
Section 1069(a) of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1912) is amended--
(1) by redesignating paragraphs (9) through (16) as
paragraphs (14) through (21), respectively;
(2) <<NOTE: Assessments.>> by inserting after paragraph (8)
the following new paragraphs:
``(9) An assessment of the status of--
``(A) defense intelligence assets dedicated to
Afghanistan and used by the Department of Defense,
including the types and amounts of intelligence,
surveillance, and reconnaissance coverage over
Afghanistan during the period covered by the report; and
``(B) the ability of the United States to detect
emerging threats emanating from Afghanistan against the
United States, its allies, and its partners.
``(10) An assessment of local or indigenous counterterrorism
partners of the Department of Defense.
``(11) An assessment of risks to the mission and risks to
United States military personnel involved in over-the-horizon
counterterrorism operations.
``(12) <<NOTE: Update.>> An update on Department of Defense
efforts to secure new basing or access agreements with countries
in Central Asia.
``(13) <<NOTE: Update.>> An update on the policy guidance
for counterterrorism operations of the Department of Defense in
Afghanistan.''; and
(3) in paragraph (18), as so redesignated, by striking
``Afganistan'' and inserting ``Afghanistan''.
SEC. 1223. PROHIBITION ON TRANSPORTING CURRENCY TO THE TALIBAN AND
THE ISLAMIC EMIRATE OF AFGHANISTAN.
None of the amounts authorized to be appropriated by this Act or
otherwise made available to the Department of Defense may be made
available for the operation of any aircraft of the Department of Defense
to transport currency or other items of value to the Taliban, the
Islamic Emirate of Afghanistan, or any subsidiary, agent, or
instrumentality of either the Taliban or the Islamic Emirate of
Afghanistan.
[[Page 136 STAT. 2837]]
Subtitle C--Matters Relating to Syria, Iraq, and Iran
SEC. 1231. MODIFICATION OF ANNUAL REPORT ON THE MILITARY
CAPABILITIES OF IRAN AND RELATED
ACTIVITIES.
Section 1245(b)(3) of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84) <<NOTE: 10 USC 113 note.>> is
amended--
(1) in subparagraph (B), by striking ``and regional militant
groups'' and all that follows and inserting ``, regional
militant groups, and Iranian-linked proxy groups, in particular
those forces as having been assessed as to be willing to carry
out terrorist operations on behalf of Iran or in response to a
military attack by another country on Iran;'';
(2) by redesignating subparagraphs (C) through (G) as
subparagraphs (E) through (I), respectively;
(3) by inserting after subparagraph (B) the following:
``(C) the types and amount of support to be assessed
under subparagraph (B) shall include support provided to
Lebanese Hezbollah, Hamas, Palestinian Islamic Jihad,
the Popular Front for the Liberation of Palestine,
Asa'ib ahl al-Haq, Harakat Hezbollah al-Nujaba, Kata'ib
Sayyid al-Shuhada, Kata'ib al-Imam Ali, Kata'ib
Hezbollah, the Badr Organization, the Fatemiyoun, the
Zainabiyoun, and Ansar Allah (also known as the
`Houthis');
``(D) the threat from Special Groups in Iraq,
including Kata'ib Hezbollah and Asa'ib Ahl al-Haq, to
United States and coalition forces located in Iraq and
Syria;''; and
(4) in subparagraph (I), as redesignated, by striking the
period at the end and inserting ``; and''; and
(5) by adding at the end the following:
``(J) <<NOTE: Russia. China.>> all formal or
informal agreements involving a strategic military or
security partnership with the Russian Federation, the
People's Republic of China, or any proxies of either
such country.''.
SEC. 1232. EXTENSION OF AUTHORITY TO SUPPORT OPERATIONS AND
ACTIVITIES OF THE OFFICE OF SECURITY
COOPERATION IN IRAQ.
(a) Source of Funds.--Subsection (d) of section 1215 of the National
Defense Authorization Act for Fiscal Year 2012 (Public Law 114-92; 129
Stat. 1045; 10 U.S.C. 113 note) is amended by striking ``fiscal year
2022'' and inserting ``fiscal year 2023''.
(b) Limitation on Availability of Funds.--Of the amounts authorized
to be appropriated by this Act or otherwise made available for fiscal
year 2023 for the Office of the Secretary of the Air Force for travel
expenses, not more than 90 percent may be obligated or expended until
the date on which a staffing plan for the Office of Security Cooperation
in Iraq is implemented.
(c) <<NOTE: Determination. Notification.>> Waiver.--The Secretary of
Defense may waive the restriction on the obligation or expenditure of
funds imposed by subsection (b) if the Secretary of Defense determines
that implementation of such a staffing plan is not feasible and submits
to the congressional defense committees, at the time the waiver is
invoked, a notification of the waiver that includes a justification
detailing the reasons for which such a plan cannot be implemented.
[[Page 136 STAT. 2838]]
SEC. 1233. EXTENSION OF AUTHORITY TO PROVIDE ASSISTANCE TO VETTED
SYRIAN GROUPS AND INDIVIDUALS.
(a) Extension.--Subsection (a) of section 1209 of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291; 128 Stat. 3541) is amended, in the matter
preceding paragraph (1), by striking ``December 31, 2022'' and inserting
``December 31, 2023''.
(b) Limitation on Cost of Construction and Repair Projects.--
Subsection (l)(3)(D) of such section is amended by striking ``December
31, 2022'' and inserting ``December 31, 2023''.
SEC. 1234. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE
ASSISTANCE TO COUNTER THE ISLAMIC STATE
OF IRAQ AND SYRIA.
(a) In General.--Subsection (a) of section 1236 of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3558) is amended, in the
matter preceding paragraph (1), by striking ``December 31, 2022'' and
inserting ``December 31, 2023''.
(b) Funding.--Subsection (g) of such section is amended--
(1) by striking ``fiscal year 2022'' and inserting ``fiscal
year 2023''; and
(2) by striking ``$345,000,000'' and inserting
``$358,000,000''.
(c) Limitation on Cost of Construction and Repair Projects.--
Subsection (o)(5) of such section is amended by striking ``December 31,
2022'' and inserting ``December 31, 2023''.
SEC. 1235. <<NOTE: 10 USC 2241 note.>> PROHIBITION ON TRANSFERS
TO IRAN.
None of the amounts authorized to be appropriated by this Act or
otherwise made available to the Department of Defense may be made
available to transfer or facilitate a transfer of pallets of currency,
currency, or other items of value to the Government of Iran, any
subsidiary of such Government, or any agent or instrumentality of Iran.
SEC. 1236. REPORT ON ISLAMIC REVOLUTIONARY GUARD CORPS-AFFILIATED
OPERATIVES ABROAD.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
Secretary of Defense, shall submit to the appropriate congressional
committees a report that includes a detailed description of--
(1) all Islamic Revolutionary Guard Corps-affiliated
operatives serving in diplomatic and consular posts abroad; and
(2) the ways in which the Department of State and the
Department of Defense are working with partner countries to
inform them of the threat posed by Islamic Revolutionary Guard
Corps-affiliated officials serving in diplomatic and consular
roles in third party countries.
(b) Form.--The report required under subsection (a) shall be
submitted in unclassified form but may contain a classified annex.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
[[Page 136 STAT. 2839]]
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1237. ASSESSMENT OF SUPPORT TO IRAQI SECURITY FORCES AND
KURDISH PESHMERGA FORCES TO COUNTER AIR
AND MISSILE THREATS.
(a) In General.--Not later than April 1, 2023, the Secretary of
Defense shall submit to the congressional defense committees a report on
support to Iraqi Security Forces and Kurdish Peshmerga Forces to counter
air and missile threats.
(b) Contents.--The report submitted under subsection (a) shall
include the following:
(1) An assessment of the threat from missiles, rockets, and
unmanned aerial systems (UAS) to United States and coalition
armed forces located in Iraq, including the Iraqi Kurdistan
Region.
(2) An assessment of the current state of air defense
capabilities of United States and coalition armed forces located
in Iraq, including the Iraqi Kurdistan Region.
(3) Identification of perceived gaps in air defense
capabilities of United States and coalition armed forces and the
implications for the security of such forces in Iraq, including
the Iraqi Kurdistan Region.
(4) <<NOTE: Recommenda- tions.>> Recommendations for
training or equipment needed to overcome the assessed air
defense deficiencies of United States and coalition armed forces
in Iraq, including the Iraqi Kurdistan Region.
(5) An assessment of the current state of the air defense
capabilities of partner armed forces in Iraq, including the
Iraqi Security Forces and Kurdish Peshmerga Forces.
(6) An assessment of the perceived gaps in air defense
capabilities of partner armed forces in Iraq, including the
Iraqi Security Forces and Kurdish Peshmerga Forces.
(7) An assessment of recommended training and equipment and
available level of equipment to maximize air defense
capabilities of partner armed forces in Iraq, including the
Iraqi Security Forces and Kurdish Peshmerga Forces.
(8) Such other matters as the Secretary considers
appropriate.
SEC. 1238. INTERAGENCY STRATEGY TO DISRUPT AND DISMANTLE NARCOTICS
PRODUCTION AND TRAFFICKING AND
AFFILIATED NETWORKS LINKED TO THE REGIME
OF BASHAR AL-ASSAD IN SYRIA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Captagon trade linked to the regime of Bashar al-
Assad in Syria is a transnational security threat; and
(2) the United States should develop and implement an
interagency strategy to deny, degrade, and dismantle Assad-
linked narcotics production and trafficking networks.
(b) Defined Term.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Armed Services of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on the Judiciary of the Senate;
(4) the Committee on Foreign Relations of the Senate;
(5) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
[[Page 136 STAT. 2840]]
(6) the Select Committee on Intelligence of the Senate;
(7) the Committee on Armed Services of the House of
Representatives;
(8) the Committee on Appropriations of the House of
Representatives;
(9) the Committee on the Judiciary of the House of
Representatives;
(10) the Committee on Foreign Affairs of the House of
Representatives;
(11) the Committee on Financial Services of the House of
Representatives; and
(12) the Permanent Select Committee on Intelligence of the
House of Representatives.
(c) Strategy Required.--
(1) <<NOTE: Deadline.>> In general.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
State, in consultation with the Secretary of Defense, the
Secretary of the Treasury, the Administrator of the Drug
Enforcement Administration, the Director of National
Intelligence, the Director of the Office of National Drug
Control Policy, and the heads of other appropriate Federal
agencies, shall provide a written strategy (with a classified
annex, if necessary), to the appropriate congressional
committees for disrupting and dismantling narcotics production
and trafficking and affiliated networks linked to the regime of
Bashar al-Assad in Syria.
(2) Contents.--The strategy required under paragraph (1)
shall include--
(A) <<NOTE: Plan.>> a detailed plan for--
(i) targeting, disrupting and degrading
networks that directly and indirectly support the
narcotics infrastructure of the Assad regime,
particularly through diplomatic and intelligence
support to law enforcement investigations; and
(ii) building counter-narcotics capacity to
partner countries through assistance and training
to law enforcement services in countries (other
than Syria) that are receiving or transiting large
quantities of Captagon;
(B)(i) <<NOTE: Assessments.>> the identification of
the countries that are receiving or transiting large
shipments of Captagon;
(ii) an assessment of the counter-narcotics capacity
of such countries to interdict or disrupt the smuggling
of Captagon; and
(iii) an assessment of current United States
assistance and training programs to build such capacity
in such countries;
(C) the use of sanctions, including sanctions
authorized under section the Caesar Syria Civilian
Protection Act of 2019 (22 U.S.C. 8791 note; title LXXIV
of division F of Public Law 116-92), and associated
actions to target individuals and entities directly or
indirectly associated with the narcotics infrastructure
of the Assad regime;
(D) the use of global diplomatic engagements
associated with the economic pressure campaign against
the Assad regime to target its narcotics infrastructure;
[[Page 136 STAT. 2841]]
(E) leveraging multilateral institutions and
cooperation with international partners to disrupt the
narcotics infrastructure of the Assad regime; and
(F) mobilizing a public communications campaign to
increase awareness of the extent of the connection of
the Assad regime to the illicit narcotics trade.
SEC. 1239. <<NOTE: 10 USC 2241 note.>> PROHIBITION ON TRANSFERS TO
BADR ORGANIZATION.
None of the amounts authorized to be appropriated by this Act or
otherwise made available to the Department of Defense may be made
available, directly or indirectly, to the Badr Organization.
SEC. 1240. REPORT ON UNITED NATIONS ARMS EMBARGO ON IRAN.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of State, in consultation with the Secretary of
Defense, shall submit to the Committees on Armed Services of the Senate
and the House of Representatives, the Committee on Foreign Relations of
the Senate, and the Committee on Foreign Affairs of the House of
Representatives an unclassified report, which may include a classified
annex, that includes--
(1) <<NOTE: Assessment.>> a detailed assessment of whether
and how Iranian arms proliferation, particularly drone
proliferation, has increased following the expiration of the
United Nations arms embargo on Iran in October 2020; and
(2) a description of the measures that the Departments of
State and Defense are taking to constrain Iran's ability to
supply, sell, or transfer, directly or indirectly, arms or
related materiel, including spare parts, to include Iranian
proliferation of drones.
Subtitle D--Matters Relating to Russia
SEC. 1241. MODIFICATION AND EXTENSION OF UKRAINE SECURITY
ASSISTANCE INITIATIVE.
(a) Authority to Provide Assistance.--Subsection (a) of section 1250
of the National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114-92; 129 Stat. 1608) is amended to read as follows:
``(a) Authority to Provide Assistance.--
``(1) In general.--Amounts available for a fiscal year under
subsection (f) shall be available to the Secretary of Defense,
with the concurrence of the Secretary of State, to provide, for
the purposes described in paragraph (2), appropriate security
assistance and intelligence support, including training,
equipment, and logistics support, supplies and services,
salaries and stipends, and sustainment, to--
``(A) the military and national security forces of
Ukraine; and
``(B) other forces or groups recognized by, and
under the authority of, the Government of Ukraine,
including governmental entities within Ukraine that are
engaged in resisting Russian aggression.
``(2) Purposes described.--The purposes described in this
paragraph are as follows:
[[Page 136 STAT. 2842]]
``(A) To enhance the capabilities of the military
and other security forces of the Government of Ukraine
to defend against further aggression.
``(B) To assist Ukraine in developing the combat
capability to defend its sovereignty and territorial
integrity.
``(C) To support the Government of Ukraine in
defending itself against actions by Russia and Russian-
backed separatists.''.
(b) Appropriate Security Assistance and Intelligence Support.--
Subsection (b) of such section is amended in paragraph (4) to read as
follows:
``(4) Manned and unmanned aerial capabilities, including
tactical surveillance systems and fixed and rotary-wing
aircraft, such as attack, strike, airlift, and surveillance
aircraft.''.
(c) Availability of Funds.--Subsection (c) of such section is
amended--
(1) in paragraph (1), by striking ``funds available for
fiscal year 2022 pursuant to subsection (f)(7)'' and inserting
``funds available for fiscal year 2023 pursuant to subsection
(f)(8)'';
(2) in paragraph (3), by striking ``fiscal year 2022'' and
inserting ``fiscal year 2023'';
(3) by striking paragraph (5); and
(4) by adding at the end the following:
``(6) <<NOTE: Deadline.>> Waiver of certification
requirement.--The Secretary of Defense, with the concurrence of
the Secretary of the State, may waive the certification
requirement in paragraph (2) if the Secretary submits to the
congressional defense committees, the Committee on Foreign
Relations of the Senate, and the Committee on Foreign Affairs of
the House of Representatives a written certification, not later
than 5 days after exercising the waiver, that doing so is in the
national interest of the United States due to exigent
circumstances caused by the Russian invasion of Ukraine.''.
(d) United States Inventory and Other Sources.--Subsection (d) of
such section is amended--
(1) in paragraph (1), by inserting ``, and to recover or
dispose of such weapons or other defense articles, or to make
available such weapons or articles to ally and partner
governments to replenish comparable stocks which ally or partner
governments have provided to the Government of Ukraine,'' after
``and defense services''; and
(2) by adding at the end the following:
``(3) <<NOTE: Deadline.>> Congressional notification.--Not
later than 10 days before providing replenishment to an ally or
partner government pursuant to paragraph (1), the Secretary of
Defense shall transmit to the congressional defense committees,
the Committee on Foreign Relations of the Senate, and the
Committee on Foreign Affairs of the House of Representatives a
notification containing the following:
``(A) An identification of the recipient foreign
country.
``(B) A detailed description of the articles to be
provided, including the dollar value, origin, and
capabilities associated with the articles.
``(C) A detailed description of the articles
provided to Ukraine to be replenished, including the
dollar value, origin, and capabilities associated with
the articles.
[[Page 136 STAT. 2843]]
``(D) The impact on United States stocks and
readiness of transferring the articles.
``(E) <<NOTE: Assessment.>> An assessment of any
security, intellectual property, or end use monitoring
issues associated with transferring the articles.''.
(e) Funding.--Subsection (f) of such section is amended by adding at
the end the following:
``(8) For fiscal year 2023, $800,000,000.''.
(f) Termination of Authority.--Subsection (h) of such section is
amended by striking ``December 31, 2023'' and inserting ``December 31,
2024''.
(g) Waiver of Certification Requirement.--Such section is amended--
(1) by redesignating the second subsection (g) as subsection
(i); and
(2) by adding at the end the following:
``(j) <<NOTE: Deadline. Determination.>> Expedited Notification
Requirement.--Not later than 15 days before providing assistance or
support under subsection (a), or as far in advance as is practicable if
the Secretary of Defense determines, on a case-by-case basis, that
extraordinary circumstances exist that impact the national security of
the United States, the Secretary shall transmit to the congressional
defense committees, the Committee on Foreign Relations of the Senate,
and the Committee on Foreign Affairs of the House of Representatives a
notification containing a detailed description of the assistance or
support to be provided, including--
``(1) the objectives of such assistance or support;
``(2) the budget for such assistance or support; and
``(3) the expected or estimated timeline for delivery of
such assistance or support.''.
SEC. 1242. EXTENSION OF LIMITATION ON MILITARY COOPERATION BETWEEN
THE UNITED STATES AND RUSSIA.
Section 1232(a) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 130 Stat. 2488), is amended by striking
``2021, or 2022'' and inserting ``2021, 2022, 2023, 2024, 2025, 2026, or
2027''.
SEC. 1243. MODIFICATION TO ANNUAL REPORT ON MILITARY AND SECURITY
DEVELOPMENTS INVOLVING THE RUSSIAN
FEDERATION.
Section 1234 of the National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116-283; 134 Stat. 3936) is amended--
(1) in subsection (b)--
(A) by redesignating paragraph (24) as paragraph
(26); and
(B) by inserting after paragraph (23) the following:
``(24) The impacts of United States sanctions on
improvements to the Russian military and its proxies, including
an assessment of the impacts of the maintenance or revocation of
such sanctions.
``(25) A detailed description of--
``(A) how Russian private military companies are
being utilized to advance the political, economic, and
military interests of the Russian Federation;
``(B) the direct or indirect threats Russian private
military companies present to United States security
interests; and
[[Page 136 STAT. 2844]]
``(C) how sanctions that are currently in place to
impede or deter Russian private military companies from
continuing their malign activities have impacted the
Russian private military companies' behavior.''; and
(2) in subsection (e)--
(A) in paragraph (1), by inserting ``, the Permanent
Select Committee on Intelligence,'' after ``the
Committee on Armed Services''; and
(B) in paragraph (2), by inserting ``, the Select
Committee on Intelligence,'' after ``the Committee on
Armed Services''.
SEC. 1244. <<NOTE: Contracts.>> TEMPORARY AUTHORIZATIONS RELATED
TO UKRAINE AND OTHER MATTERS.
(a) Temporary Authorizations for Covered Agreements Related to
Ukraine.--
(1) Covered agreement defined.--In this subsection, the term
``covered agreement'' includes a contract, subcontract,
transaction, or modification of a contract, subcontract, or
transaction awarded by the Department of Defense--
(A) to build the stocks of critical munitions and
other defense articles of the Department;
(B) to provide materiel and related services to
foreign allies and partners that have provided support
to the Government of Ukraine; and
(C) to provide materiel and related services to the
Government of Ukraine.
(2) Public interest.--
(A) In general.--A covered agreement may be presumed
to be in the public interest for purposes of meeting the
requirements of subsection (a)(7) of section 3204 of
title 10, United States Code.
(B) Procedures.--Notwithstanding the provisions of
subsection (a)(7) of section 3204 of title 10, United
States Code, with respect to a covered agreement--
(i) the head of an agency may delegate the
authority under that subsection to an officer or
employee who--
(I) in the case of an officer or
employee who is a member of the Armed
Forces, is serving in a grade at or
above brigadier general or rear admiral
(lower half); or
(II) in the case of a civilian
officer or employee, is serving in a
position with a grade under the General
Schedule (or any other schedule for
civilian officers or employees) that is
comparable to or higher than the grade
of brigadier general or rear admiral
(lower half); and
(ii) <<NOTE: Deadline. Notification.>> not
later than 7 days before using the applicable
procedures under section 3204 of title 10, United
States Code, the head of an agency, or a designee
of the head of an agency, shall submit to the
congressional defense committees a written
notification of the use of such procedures.
(C) Documentation.--Consistent with paragraph (4)(C)
of subsection (e) of section 3204 of title 10, United
States Code, the documentation otherwise required by
[[Page 136 STAT. 2845]]
paragraph (1) of such subsection is not required in the
case of a covered agreement.
(3) Procurement authorities.--The special emergency
procurement authorities provided under subsections (b) and (c)
of section 1903 of title 41, United States Code, may be used by
the Department of Defense for a covered agreement.
(4) <<NOTE: Waiver authority.>> Undefinitized contractual
actions.--The head of an agency may waive the provisions of
subsections (a) and (c) of section 3372 of title 10, United
States Code, for a covered agreement.
(5) Technical data packages for large-caliber cannon.--The
requirements of section 7542 of title 10, United States Code, do
not apply to the transfer of technical data to an international
partner for the production of large-caliber cannons produced
for--
(A) the replacement of defense articles from stocks
of the Department of Defense provided to the Government
of Ukraine or to foreign countries that have provided
support to Ukraine at the request of the United States,
or
(B) contracts awarded by the Department of Defense
to provide materiel directly to the Government of
Ukraine.
(6) Temporary exemption from certified cost and pricing data
requirements.--
(A) In general.--At the Federal Government's
discretion, the requirements under section 3702 of title
10, United States Code, shall not apply to a covered
agreement awarded on a fixed-price incentive firm target
basis, where target price equals ceiling price, and the
Government underrun share ratio is a minimum of 60
percent with a cap for the negotiated profit dollars of
15 percent of target cost.
(B) <<NOTE: Applicability.>> Use of exemption.--The
following shall apply to an exemption under subparagraph
(A):
(i) Awarded profit dollars shall be fixed, but
the contractor may ultimately realize a profit
rate of higher than 15 percent by underrunning
target costs.
(ii) The target prices negotiated by the
Federal Government shall not exceed the most
recent negotiated prices for the same items while
allowing for appropriate adjustments, including
those for quantity differences or relevant,
applicable economic indices.
(C) Application.--An exemption under subparagraph
(A) shall apply to subcontracts under prime contracts
that are exempt under this paragraph.
(7) Termination of temporary authorizations.--The provisions
of this subsection shall terminate on September 30, 2024.
(b) Modification of Cooperative Logistic Support Agreements: NATO
Countries.--Section 2350d of title 10, United States Code, is amended--
(1) <<NOTE: 10 USC prec. 2350a.>> in the section heading, by
striking ``logistic support'' and inserting ``acquisition and
logistics support'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A),
by striking ``logistics support'' and inserting
``acquisition and logistics support''; and
[[Page 136 STAT. 2846]]
(ii) in subparagraph (B), by striking
``logistic support'' and inserting ``acquisition
and logistics support''; and
(B) in paragraph (2)(B), by striking ``logistics
support'' and inserting ``armaments and logistics
support''; and
(3) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``Partnership Agreement'' and inserting
``Partnership Agreement or Arrangement'';
(B) in paragraph (1)--
(i) by striking ``supply and acquisition of
logistics support in Europe for requirements'' and
inserting ``supply, services, support, and
acquisition, including armaments for
requirements''; and
(ii) by striking ``supply and acquisition are
appropriate'' and inserting ``supply, services,
support, and acquisition are appropriate''; and
(C) in paragraph (2), by striking ``logistics
support'' each place it appears and inserting
``acquisition and logistics support''.
(c) Multiyear Procurement Authority for Certain Munitions.--
(1) Authority for multiyear procurement.--Subject to the
provisions of section 3501 of title 10, United States Code, set
forth in paragraph (3), the head of an agency may enter into one
or more multiyear contracts, beginning in fiscal year 2023, for
the procurement of up to--
(A) 864,000 XM1128, XM1113, M107, and M795 (155mm
rounds);
(B) 12,000 AGM-179 Joint Air-to-Ground Missiles
(JAGM);
(C) 700 M142 High Mobility Artillery Rocket Systems
(HIMARS);
(D) 1,700 MGM-140 Army Tactical Missile Systems
(ATACMS);
(E) 2,600 Harpoons;
(F) 1,250 Naval Strike Missiles;
(G) 106,000 Guided Multiple Launch Rocket Systems
(GMLRS);
(H) 3,850 PATRIOT Advanced Capability-3 (PAC-3)
Missile Segment Enhancement (MSE);
(I) 5,600 FIM-92 Stinger;
(J) 28,300 FGM-148 Javelin;
(K) 5,100 AIM-120 Advanced Medium-Range Air-to-Air
Missile (AMRAAM);
(L) 2,250,000 Modular Artillery Charge System
(MACS);
(M) 12,050 155m Excalibur M982A1;
(N) 950 Long Range Anti-Ship Missiles (LRASM);
(O) 3,100 Joint Air-to-Surface Standoff Missiles
(JASSM);
(P) 1,500 Standard Missle-6 Missiles (SM-6); and
(Q) 5,100 Sidewinder Missiles (AIM-9X).
(2) Procurement in conjunction with existing contracts.--The
systems authorized to be procured under paragraph (1) may be
procured as additions to existing contracts covering such
programs.
[[Page 136 STAT. 2847]]
(3) Limited applicability of other law.--In applying section
3501 of title 10, United States Code, to paragraph (1), only the
following provisions of that section shall apply:
(A) Subsection (f).
(B) Subsection (g), in which the term ``contract
described in subsection (a)'' shall mean a contract
awarded pursuant to the authority of this subsection.
(C) Subsection (i)(1).
(D) Subsection (l)(3).
(4) Authority for advance procurement.--To the extent and in
such amounts as specifically provided in advance in
appropriations Acts for the purposes described in paragraph (1),
the head of an agency may enter into one or more contracts for
advance procurement associated with a program for which
authorization to enter into a contract is provided under
paragraph (1) and for systems and subsystems associated with
such program in economic order quantities when cost savings are
achievable.
(5) Condition for out-year contract payments.--A contract
entered into under paragraph (1) shall provide that any
obligation of the United States to make a payment under the
contract for a fiscal year after fiscal year 2023 is subject to
the availability of appropriations for that purpose for such
later fiscal year.
(d) Definition.--In this section, the term ``head of an agency''
means--
(1) the Secretary of Defense;
(2) the Secretary of the Army;
(3) the Secretary of the Navy; or
(4) the Secretary of the Air Force.
SEC. 1245. PROHIBITION ON AVAILABILITY OF FUNDS RELATING TO
SOVEREIGNTY OF THE RUSSIAN FEDERATION
OVER INTERNATIONALLY RECOGNIZED
TERRITORY OF UKRAINE.
(a) Prohibition.--None of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2023 for the
Department of Defense may be obligated or expended to implement any
activity that recognizes the sovereignty of the Russian Federation over
territory internationally recognized to be the sovereign territory of
Ukraine, including Crimea and the territory Russia claims to have
annexed in Kherson Oblast, Zaporizhzia Oblast, Donetsk Oblast, and
Luhansk Oblast.
(b) Waiver.--The Secretary of Defense, with the concurrence of the
Secretary of State, may waive the prohibition under subsection (a) if
the Secretary of Defense--
(1) <<NOTE: Determination.>> determines that the waiver is
in the national security interest of the United States; and
(2) <<NOTE: Notification.>> on the date on which the waiver
is invoked, submits a notification of the waiver and a
justification of the reason for seeking the waiver to--
(A) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
[[Page 136 STAT. 2848]]
SEC. 1246. REPORT ON DEPARTMENT OF DEFENSE PLAN FOR THE PROVISION
OF SHORT AND MEDIUM-TERM SECURITY
ASSISTANCE TO UKRAINE.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the heads of other relevant Federal agencies, shall submit to the
congressional defense committees a report outlining in detail the plan
of the Department of Defense for the provision of security assistance to
the armed forces of Ukraine.
(b) Matters to Be Included.--The report required by subsection (a)
shall include--
(1) <<NOTE: Time periods.>> primary focus areas for the
provision of security assistance to the armed forces of Ukraine
by the Department of Defense, including priority capabilities,
the funding streams used, and a plan to fulfill training,
maintenance, and sustainment requirements associated with such
assistance--
(A) over the next 3 to 6 months; and
(B) over the next 12 to 24 months; and
(2) any other matters the Secretary determines appropriate.
SEC. 1247. OVERSIGHT OF UNITED STATES ASSISTANCE TO UKRAINE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) continued assistance to Ukraine as it fights against the
unjust and unprovoked attack by Russia is of critical importance
to United States national security interests, and oversight and
transparency for such assistance is essential to ensure
effective and sustained support;
(2) the executive branch has established the interagency
Ukraine Oversight Working Group, which focuses on conducting
comprehensive oversight, and issued the interagency U.S. Plan to
Counter Illicit Diversion of Certain Advanced Conventional
Weapons in Eastern Europe, a whole-of-government effort to
advance accountability and end-use monitoring of weapons
provided in response to the Ukraine crisis, and continued
attention and regular briefings to relevant congressional
oversight committees on such efforts is imperative;
(3) each United States department and agency providing or
facilitating assistance to Ukraine should continue to implement
and institutionalize appropriate transparency, accountability,
and end-use monitoring measures, including exploring creative
approaches to overcoming the challenges associated with
delivering assistance during an active armed conflict, as is
detailed in the interagency Plan to Counter Illicit Diversion;
(4) Inspectors General must continue to carry out
comprehensive oversight and conduct reviews, audits,
investigations, and inspections of United States support and
activities carried out in response to Russia's further invasion
of Ukraine, and provide regular briefings to the appropriate
congressional committees on their findings;
(5) the United States and its allies and partners should
continue to support Ukrainian anti-corruption institutions and
e-platforms, including the National Agency for Corruption
Prevention, the National Anti-Corruption Bureau of Ukraine, and
the Specialized Anti-Corruption Prosecutor's Office, in their
work to ensure effective assistance delivery and prevent
incidents of waste, fraud, and abuse; and
[[Page 136 STAT. 2849]]
(6) Ukrainian authorities should also continue to establish
new transparency, accountability, and end-use monitoring
initiatives both independently and in partnership with relevant
United States departments and agencies and other international
partners, and the United States should continue to work with
counterparts in Ukraine and other countries supporting their
efforts to further mutual efforts to strengthen and
institutionalize accountability measures and mechanisms.
(b) Report.--
(1) In general.--Not later than April 1, 2023, the Inspector
General of the Department of Defense, in conjunction with the
Inspector General of the Department of State and the Inspector
General of the United States Agency for International
Development and in consultation with other Inspectors General as
appropriate, shall submit to the appropriate congressional
committees a report on the oversight framework established with
respect to United States assistance to Ukraine.
(2) Matters to be included.--The report required by this
subsection shall include the following:
(A) The framework the relevant Inspectors General
are currently using or plan to adopt to oversee
assistance to Ukraine in the immediate and longer term,
including an identification of the United States
departments and agencies providing or facilitating such
assistance.
(B) Whether there are any gaps in oversight over the
activities and funds for assistance to Ukraine.
(C) <<NOTE: Assessment.>> An assessment of any
failures by United States, bilateral, or multilateral
organizations to work with such Inspectors General in a
timely and transparent manner.
(D) A description of the footprint in Europe of such
Inspectors General for purposes of oversight of
assistance to Ukraine, including presence and access in
Ukraine.
(E) To the extent practicable and appropriate, a
description of any known incidents of the misuse of
assistance to Ukraine, including incidents of waste,
fraud, abuse, diversion, or corruption.
(F) Any lessons learned from the manner in which
oversight over assistance to Ukraine has been conducted.
(G) <<NOTE: Recommenda- tions.>> Any findings or
recommendations with respect to assistance to Ukraine.
(c) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
Subtitle E--Matters Relating to the Indo-Pacific Region
SEC. 1251. MODIFICATION TO ANNUAL REPORT ON MILITARY AND SECURITY
DEVELOPMENTS INVOLVING THE PEOPLE'S
REPUBLIC OF CHINA.
Section 1202(b) of the National Defense Authorization Act for Fiscal
Year 2000 (10 U.S.C. 113 note) is amended as follows:
(1) In paragraph (5)--
[[Page 136 STAT. 2850]]
(A) in subparagraph (A), by inserting ``special
operations,'' after ``theater-level commands,''; and
(B) in subparagraph (B), by striking ``A summary''
and inserting ``a summary''.
(2) In paragraph (7)(B)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(iv) the Middle East.''.
(3) In paragraph (8), by adding at the end the following:
``(F) Special operations capabilities.''.
SEC. 1252. MODIFICATION OF INDO-PACIFIC MARITIME SECURITY
INITIATIVE TO AUTHORIZE USE OF FUNDS FOR
THE COAST GUARD.
Section 1263 of the National Defense Authorization Act for Fiscal
Year 2016 (10 U.S.C. 333 note) is amended by striking subsection (f) and
inserting the following new subsection (f):
``(f) Availability of Funds for Coast Guard Personnel and
Capabilities.--The Secretary of Defense may use funds made available
under this section to facilitate the participation of Coast Guard
personnel in, and the use of Coast Guard capabilities for, training,
exercises, and other activities with foreign countries under this
section.''.
SEC. 1253. MODIFICATION OF PROHIBITION ON PARTICIPATION OF THE
PEOPLE'S REPUBLIC OF CHINA IN RIM OF THE
PACIFIC (RIMPAC) NAVAL EXERCISES TO
INCLUDE CESSATION OF GENOCIDE BY CHINA.
Section 1259(a)(1) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (10 U.S.C. 321 note) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) ceased committing genocide in China, as
articulated in the Department of State's Country Report
on Human Rights Practices released on April 12, 2022,
and engaged in a credible justice and accountability
process for all victims of such genocide.''.
SEC. 1254. EXTENSION AND MODIFICATION OF PACIFIC DETERRENCE
INITIATIVE.
(a) Extension.--Subsection (c) of section 1251 of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
(10 U.S.C. 113 note) is amended--
(1) by striking ``the National Defense Authorization Act for
Fiscal Year 2022'' and inserting ``the National Defense
Authorization Act for Fiscal Year 2023''; and
(2) by striking ``fiscal year 2022'' and inserting ``fiscal
year 2023''.
(b) Report on Resourcing United States Defense Requirements for the
Indo-Pacific Region and Study on Competitive Strategies.--Subsection
(d)(1) of such section is amended--
(1) in subparagraph (A), by striking ``fiscal years 2023 and
2024'' and inserting ``fiscal years 2024 and 2025''; and
[[Page 136 STAT. 2851]]
(2) in subparagraph (B)--
(A) in clause (v), by striking ``security
cooperation activities or resources'' and inserting
``security cooperation authorities, activities, or
resources'';
(B) in clause (vi)(I)(aa)--
(i) in subitem (AA), by striking ``to
modernize and strengthen the'' and inserting ``to
improve the posture and''; and
(ii) in subitem (FF)--
(I) by striking ``to improve'' and
inserting ``to modernize and improve'';
and
(II) by striking the semicolon at
the end and inserting ``; and''; and
(C) by adding at the end the following new clause:
``(vii) A budget display, prepared with the
assistance of the Under Secretary of Defense
(Comptroller), that compares the independent
assessment of the Commander of the United States
Indo-Pacific Command with the amounts contained in
the budget display for the applicable fiscal year
under subsection (f).''.
SEC. 1255. EXTENSION OF AUTHORITY TO TRANSFER FUNDS FOR BIEN HOA
DIOXIN CLEANUP.
Section 1253(b) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat.
3955) is amended by striking ``fiscal year 2022'' and inserting ``fiscal
year 2023''.
SEC. 1256. <<NOTE: 10 USC note prec. 421.>> ENHANCED INDICATIONS
AND WARNING FOR DETERRENCE AND
DISSUASION.
(a) Establishment of Program for Enhanced Indications and Warning.--
(1) Authority.--The Director of the Defense Intelligence
Agency may establish a program to increase warning time of
potential aggression by adversary nation states, focusing
especially on the United States Indo-Pacific Command and United
States European Command areas of operations.
(2) Designation.--If the Director establishes the program
under paragraph (1), the program shall be known as the ``Program
for Enhanced Indications and Warning'' (in this section referred
to as the ``Program'').
(3) Purpose.--The purpose of the Program that may be
established under paragraph (1) is to gain increased warning
time to provide time for the Department of Defense to mount
deterrence and dissuasion actions to persuade adversaries to
refrain from aggression, including through potential revelations
or demonstrations of capabilities and actions to create doubt in
the minds of adversary leaders regarding the prospects for
military success.
(b) Head of Program.--
(1) Appointment.--If the Director establishes the Program,
the Director shall appoint a defense intelligence officer to
serve as the mission manager for the Program.
(2) Designation.--The mission manager for the Program shall
be known as the ``Program Manager for Enhanced Indications and
Warning'' (in this section referred to as the ``Program
Manager'').
[[Page 136 STAT. 2852]]
(c) Sources of Information and Analysis.--If the Director
establishes the Program, the Program Manager shall ensure that the
Program makes use of all available sources of information, from public,
commercial, and classified sources across the intelligence community and
the Department of Defense, and advanced analytics, including artificial
intelligence, to establish a system capable of discerning deviations
from normal patterns of behavior and activity that may indicate
preparations for military actions.
(d) Integration With Other Programs.--
(1) Support.--If the Director establishes the Program, the
Program shall be supported, as appropriate, by the Chief Digital
and Artificial Intelligence Officer, the Maven project, by
capabilities sponsored by the Office of the Under Secretary of
Defense for Intelligence and Security, and programs already
underway within the Defense Intelligence Agency.
(2) Agreements.--If the Director establishes the Program,
the Director shall seek to engage in agreements to integrate
information and capabilities from other components of the
intelligence community to facilitate the purpose of the Program.
(e) <<NOTE: Deadline. Time period.>> Briefings.--If the Director
establishes the Program, not later than 180 days after the date of the
enactment of this Act and not less frequently than once each year
thereafter through 2027, the Program Manager shall provide the
appropriate committees of Congress a briefing on the status of the
activities of the Program.
(f) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the congressional defense committees; and
(B) the congressional intelligence committees (as
defined in section 3 of the National Security Act of
1947 (50 U.S.C. 3003)).
(2) The term ``intelligence community'' has the meaning
given such term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
SEC. 1257. PROHIBITION ON USE OF FUNDS TO SUPPORT ENTERTAINMENT
PROJECTS WITH TIES TO THE GOVERNMENT OF
THE PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--None of the funds authorized to be appropriated by
this Act may be used to knowingly provide active and direct support to
any film, television, or other entertainment project if the Secretary of
Defense has demonstrable evidence that the project has complied or is
likely to comply with a demand from the Government of the People's
Republic of China or the Chinese Communist Party, or an entity under the
direction of the People's Republic of China or the Chinese Communist
Party, to censor the content of the project in a material manner to
advance the national interest of the People's Republic of China.
(b) <<NOTE: Certification.>> Waiver.--The Secretary of Defense may
waive the prohibition under subsection (a) if the Secretary submits to
the Committees on Armed Services of the Senate and House of
Representatives a written certification that such a waiver is in the
national interest of the United States.
(c) <<NOTE: Deadline. 10 USC 2241 note.>> Policy Required.--Not
later than 180 days after the date of the enactment of this Act, the
Secretary of Defense shall issue a policy that describes how the
Department of Defense will review requests to provide active or direct
support to any film, television,
[[Page 136 STAT. 2853]]
or other entertainment project. The policy shall include ways to assess
Chinese influence or potential influence over the content of a film,
television, or other entertainment project, actions the Department can
take to prevent Chinese censorship of a project, and criteria the
Department shall use when evaluating requests to support a project.
(d) Limitation.--Of the amounts authorized to be appropriated by
this Act for the official travel expenses of the Office of the Secretary
of Defense, not more than 95 percent may be obligated or expended until
the policy required by subsection (c) is released and transmitted to the
congressional defense committees.
SEC. 1258. REPORTING ON INSTITUTIONS OF HIGHER EDUCATION DOMICILED
IN THE PEOPLE'S REPUBLIC OF CHINA THAT
PROVIDE SUPPORT TO THE PEOPLE'S
LIBERATION ARMY.
(a) Determination.--
(1) In general.--The Secretary of Defense, in consultation
with the Director of National Intelligence, shall identify each
entity that is an institution of higher education domiciled in
the People's Republic of China that provides material support to
the People's Liberation Army.
(2) Factors.--In making a determination under paragraph (1)
with respect to an entity, the Secretary shall consider the
following factors:
(A) Material support to the implementation of the
military-civil fusion strategy of China.
(B) Material relationship with the Chinese State
Administration for Science, Technology, and Industry for
the National Defense.
(D) Funding received from any organization
subordinate to the Central Military Commission of the
Chinese Communist Party.
(E) Supporting or enabling relationship with any
security, defense, or police forces within the
Government of China or the Chinese Communist Party.
(F) Any other factor the Secretary determines is
appropriate.
(b) <<NOTE: List.>> Report.--Not later than September 30, 2023, the
Secretary shall submit to the appropriate congressional committees a
list of each entity identified pursuant to subsection (a) in
unclassified form, with a classified annex, if necessary.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services and the
Permanent Select Committee on Intelligence of the House
of Representatives.
(2) The term ``People's Liberation Army'' means the land,
naval, and air military services, the People's Armed Police, the
Strategic Support Force, the Rocket Force, and any other related
security element within the Government of China or the Chinese
Communist Party that the Secretary determines is appropriate.
[[Page 136 STAT. 2854]]
SEC. 1259. REVIEW OF PORT AND PORT-RELATED INFRASTRUCTURE
PURCHASES AND INVESTMENTS MADE BY THE
GOVERNMENT OF THE PEOPLE'S REPUBLIC OF
CHINA AND ENTITIES DIRECTED OR BACKED BY
THE GOVERNMENT OF THE PEOPLE'S REPUBLIC
OF CHINA.
(a) In General.--The Secretary of State, in coordination with the
Director of National Intelligence, the Secretary of Defense, and the
head of any other agency the Secretary of State considers necessary,
shall conduct a review of port and port-related infrastructure purchases
and investments critical to the interests and national security of the
United States made by--
(1) the Government of the People's Republic of China;
(2) entities directed or backed by the Government of the
People's Republic of China; and
(3) entities with beneficial owners that include the
Government of the People's Republic of China or a private
company controlled by the Government of the People's Republic of
China.
(b) Elements.--The review required by subsection (a) shall include
the following:
(1) <<NOTE: List.>> A list of port and port-related
infrastructure purchases and investments described in that
subsection, prioritized in order of the purchases or investments
that pose the greatest threat to United States economic,
defense, and foreign policy interests.
(2) <<NOTE: Analysis.>> An analysis of the effects the
consolidation of such investments, or the assertion of control
by the Government of the People's Republic of China over
entities described in paragraph (2) or (3) of that subsection,
would have on Department of State and Department of Defense
contingency plans.
(3) A description of the integration into ports of
technologies developed and produced by the Government of the
People's Republic of China or entities described in paragraphs
(2) or (3) of that subsection, and the data and cyber security
risks posed by such integration.
(4) A description of past and planned efforts by the
Secretary of State and the Secretary of Defense, with the
support of the Director of National Intelligence, to address
such purchases, investments, and consolidation of investments or
assertion of control.
(c) Coordination With Other Federal Agencies.--In conducting the
review required by subsection (a), the Secretary of State may coordinate
with the head of any other Federal agency, as the Secretary considers
appropriate.
(d) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of State shall submit
to the appropriate committees of Congress a report on the
results of the review under subsection (a).
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex.
(e) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee
on Foreign Relations, and the Select Committee on
Intelligence of the Senate; and
[[Page 136 STAT. 2855]]
(B) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Permanent Select Committee
on Intelligence of the House of Representatives.
(2) Port.--The term ``port'' means--
(A) any port--
(i) on the navigable waters of the United
States; or
(ii) that is considered by the Secretary of
State to be critical to United States interests;
and
(B) any harbor, marine terminal, or other shoreside
facility used principally for the movement of goods on
inland waters that the Secretary of State considers
critical to United States interests.
(3) Port-related infrastructure.--The term ``port-related
infrastructure'' includes--
(A) crane equipment;
(B) logistics, information, and communications
systems; and
(C) any other infrastructure the Secretary of State
considers appropriate.
SEC. 1260. <<NOTE: Deadlines.>> ENHANCING MAJOR DEFENSE
PARTNERSHIP WITH INDIA.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretary of State, shall direct appropriate personnel within the
Department of Defense to seek to engage appropriate counterparts within
the Ministry of Defence of India for the purpose of expanding
cooperation on emerging technologies, readiness, and logistics.
(b) Topics.--At a minimum, the personnel described in subsection (a)
shall seek to engage their counterparts in the Ministry of Defense of
India on the following topics:
(1) Intelligence collection capabilities.
(2) Unmanned aerial vehicles.
(3) Fourth and fifth generation aircraft.
(4) Depot-level maintenance.
(5) Joint research and development.
(6) Fifth generation wireless communication and Open Radio
Access Network technologies.
(7) Defensive cyber capabilities.
(8) Cold-weather capabilities.
(9) Critical and emerging technologies.
(10) Any other matters the Secretary considers relevant.
(c) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall provide a briefing
to the appropriate committees of Congress that includes--
(1) <<NOTE: Assessment.>> an assessment of the feasibility
and advisability of expanding cooperation with the Ministry of
Defence of India on the topics described in subsection (b);
(2) a description of other opportunities to expand
cooperation with the Ministry of Defence of India on topics
other than the topics described in such subsection;
(3) a description of any challenges, including agreements,
authorities, and resourcing, that need to be addressed so as to
expand cooperation with the Ministry of Defence of India on the
topics described in such subsection;
[[Page 136 STAT. 2856]]
(4) an articulation of security considerations to ensure the
protection of research and development, intellectual property,
and United States-provided equipment from being stolen or
exploited by adversaries;
(5) an identification of opportunities for academia and
private industry to participate in expanded cooperation with the
Ministry of Defence of India;
(6) a discussion of opportunities and challenges related to
reducing India's reliance on Russian-built weapons and defense
systems; and
(7) any other matter the Secretary considers relevant.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives.
SEC. 1261. <<NOTE: 10 USC 311 note.>> PILOT PROGRAM TO DEVELOP
YOUNG CIVILIAN DEFENSE LEADERS IN THE
INDO-PACIFIC REGION.
(a) In General.--The Secretary of Defense may establish, using
existing authorities of the Department of Defense, a pilot program to
enhance engagement of the Department with young civilian defense and
security leaders in the Indo-Pacific region.
(b) Purposes.--The activities of the pilot program under subsection
(a) shall include training of, and engagement with, young civilian
leaders from foreign partner ministries of defense and other appropriate
ministries with a national defense mission in the Indo-Pacific region
for purposes of--
(1) enhancing bilateral and multilateral cooperation
between--
(A) civilian leaders in the Department; and
(B) civilian leaders in foreign partner ministries
of defense; and
(2) building the capacity of young civilian leaders in
foreign partner ministries of defense to promote civilian
control of the military, respect for human rights, and adherence
to the law of armed conflict.
(c) Priority.--In carrying out the pilot program under subsection
(a), the Secretary of Defense shall prioritize engagement with civilian
defense leaders from foreign partner ministries of defense who are 40
years of age or younger.
(d) <<NOTE: Deadlines.>> Briefings.--
(1) Design of pilot program.--Not later than June 1, 2023,
the Secretary of Defense, in consultation with the Secretary of
State, shall provide a briefing to the appropriate committees of
Congress on the design of the pilot program under subsection
(a).
(2) Progress briefing.--Not later than December 31, 2023,
and annually thereafter until the date on which the pilot
program terminates under subsection (e), the Secretary of
Defense, in consultation with the Secretary of State, shall
provide a briefing to the appropriate committees of Congress on
the pilot program that includes--
[[Page 136 STAT. 2857]]
(A) a description of the activities conducted and
the results of such activities;
(B) an identification of existing authorities used
to carry out the pilot program;
(C) <<NOTE: Recommenda- tions.>> any
recommendations related to new authorities or
modifications to existing authorities necessary to more
effectively achieve the objectives of the pilot program;
and
(D) any other matter the Secretary of Defense
considers relevant.
(e) Termination.--The pilot program under subsection (a) shall
terminate on December 31, 2026.
(f) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1262. REPORT ON BILATERAL AGREEMENTS SUPPORTING UNITED STATES
MILITARY POSTURE IN THE INDO-PACIFIC
REGION.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretary of State, shall submit to the appropriate congressional
committees a report on the adequacy of existing bilateral defense and
security agreements between the United States and foreign governments
that support the existing and planned military posture of the United
States in the Indo-Pacific region.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An accounting of existing bilateral defense and security
agreements that support the military posture of the United
States in the Indo-Pacific region, by country and type.
(2) An articulation of the need for new bilateral defense
and security agreements, by country and type, to support a more
distributed United States military posture in the Indo-Pacific
region, as outlined by the Global Force Posture Review,
including agreements necessary--
(A) to establish new cooperative security locations,
forward operating locations, and other locations in
support of distributed operations; and
(B) to enable exercises and a more rotational force
presence.
(3) A description of the relative priority of the agreements
articulated under paragraph (2).
(4) Any specific request, financial or otherwise, made by a
foreign government or a Federal agency other than the Department
of Defense that complicates the completion of such agreements.
(5) A description of Department activities planned for the
current and subsequent fiscal year that are intended to
contribute to the completion of such agreements.
(6) A description of the manner in which the necessity for
such agreements is communicated to, and coordinated with, the
Secretary of State.
[[Page 136 STAT. 2858]]
(7) Any other matter the Secretary of Defense considers
relevant.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
SEC. 1263. <<NOTE: 22 USC 3357a.>> STATEMENT OF POLICY ON TAIWAN.
(a) Statement of Policy.--Consistent with the Taiwan Relations Act
(22 U.S.C. 3301 et. seq.), it shall be the policy of the United States
to maintain the capacity of the United States to resist a fait accompli
that would jeopardize the security of the people on Taiwan.
(b) Fait Accompli Defined.--In this section, the term ``fait
accompli'' refers to the resort to force by the People's Republic of
China to invade and seize control of Taiwan before the United States can
respond effectively.
SEC. 1264. SENSE OF CONGRESS ON JOINT EXERCISES WITH TAIWAN.
It is the sense of Congress that--
(1) joint military exercises with Taiwan are an important
component of improving military readiness;
(2) the Commander of United States Indo-Pacific Command
possesses the authority to carry out such joint military
exercises, including those that--
(A) involve multiple warfare domains and exercise
secure communications between the forces of the United
States, Taiwan, and other foreign partners;
(B) incorporate the participation of multiple
combatant and subordinate unified commands; and
(C) present complex military challenges, including
the multi-domain capabilities of a capable adversary;
(3) the United States should seek to use existing
authorities more effectively to improve the readiness of the
military forces of the United States and Taiwan; and
(4) the naval forces of Taiwan should be invited to
participate in the Rim of the Pacific exercise, as appropriate,
conducted in 2024.
SEC. 1265. SENSE OF CONGRESS ON DEFENSE ALLIANCES AND PARTNERSHIPS
IN THE INDO-PACIFIC REGION.
It is the sense of Congress that the Secretary of Defense should
continue efforts that strengthen United States defense alliances and
partnerships in the Indo-Pacific region so as to further the comparative
advantage of the United States in strategic competition with the
People's Republic of China, including by--
(1) enhancing cooperation with Japan, consistent with the
Treaty of Mutual Cooperation and Security Between the United
States of America and Japan, signed at Washington, January 19,
1960, including by developing advanced military capabilities,
fostering interoperability across all domains, and improving
sharing of information and intelligence;
[[Page 136 STAT. 2859]]
(2) reinforcing the United States alliance with the Republic
of Korea, including by maintaining the presence of approximately
28,500 members of the United States Armed Forces deployed to the
country and affirming the United States commitment to extended
deterrence using the full range of United States defense
capabilities, consistent with the Mutual Defense Treaty Between
the United States and the Republic of Korea, signed at
Washington, October 1, 1953, in support of the shared objective
of a peaceful and stable Korean Peninsula;
(3) fostering bilateral and multilateral cooperation with
Australia, consistent with the Security Treaty Between
Australia, New Zealand, and the United States of America, signed
at San Francisco, September 1, 1951, and through the partnership
among Australia, the United Kingdom, and the United States
(commonly known as ``AUKUS'')--
(A) to advance shared security objectives;
(B) to accelerate the fielding of advanced military
capabilities; and
(C) to build the capacity of emerging partners;
(4) advancing United States alliances with the Philippines
and Thailand and United States partnerships with other partners
in the Association of Southeast Asian Nations to enhance
maritime domain awareness, promote sovereignty and territorial
integrity, leverage technology and promote innovation, and
support an open, inclusive, and rules-based regional
architecture;
(5) broadening United States engagement with India,
including through the Quadrilateral Security Dialogue--
(A) to advance the shared objective of a free and
open Indo-Pacific region through bilateral and
multilateral engagements and participation in military
exercises, expanded defense trade, and collaboration on
humanitarian aid and disaster response; and
(B) to enable greater cooperation on maritime
security and the threat of global pandemics, including
COVID-19;
(6) strengthening the United States partnership with Taiwan,
consistent with the Three Communiques, the Taiwan Relations Act
(Public Law 96-8; 22 U.S.C. 3301 et seq.), and the Six
Assurances, with the goal of improving Taiwan's defensive
military capabilities and promoting peaceful cross-strait
relations;
(7) reinforcing the status of the Republic of Singapore as a
Major Security Cooperation Partner of the United States and
continuing to strengthen defense and security cooperation
between the military forces of the Republic of Singapore and the
Armed Forces of the United States, including through
participation in combined exercises and training;
(8) engaging with the Federated States of Micronesia, the
Republic of the Marshall Islands, the Republic of Palau, and
other Pacific Island countries, with the goal of strengthening
regional security and addressing issues of mutual concern,
including protecting fisheries from illegal, unreported, and
unregulated fishing;
(9) collaborating with Canada, the United Kingdom, France,
and other members of the European Union and the
[[Page 136 STAT. 2860]]
North Atlantic Treaty Organization to build connectivity and
advance a shared vision for the region that is principled, long-
term, and anchored in democratic resilience; and
(10) investing in enhanced military posture and capabilities
in the area of responsibility of the United States Indo-Pacific
Command, identified by the Department of Defense as its priority
theater, and strengthening cooperation in bilateral
relationships, multilateral partnerships, and other
international fora to uphold global security and shared
principles, with the goal of ensuring the maintenance of a free
and open Indo-Pacific region.
Subtitle F--Other Matters
SEC. 1271. NORTH ATLANTIC TREATY ORGANIZATION SPECIAL OPERATIONS
HEADQUARTERS.
(a) In General.--Subchapter II of chapter 138 of title 10, United
States Code, is amended by adding at the end the following new section
2350r:
``Sec. 2350r. <<NOTE: 10 USC 2350r.>> North Atlantic Treaty
Organization Special Operations Headquarters
``(a) Authorization.--Of the amounts authorized to be appropriated
for each fiscal year for operation and maintenance for the Army, the
Secretary of Defense is authorized to use up to $50,000,000, to be
derived from amounts made available for support of North Atlantic Treaty
Organization (referred to in this section as `NATO') operations, for
each such fiscal year for the purposes set forth in subsection (b).
``(b) Purposes.--The Secretary shall provide funds for the NATO
Special Operations Headquarters--
``(1) to improve coordination and cooperation between the
special operations forces of NATO countries and countries
approved by the North Atlantic Council as NATO partners;
``(2) to facilitate joint operations by the special
operations forces of NATO countries and such NATO partners;
``(3) to support special operations forces peculiar command,
control, and communications capabilities;
``(4) to promote special operations forces intelligence and
informational requirements within the NATO structure; and
``(5) to promote interoperability through the development of
common equipment standards, tactics, techniques, and procedures,
and through execution of a multinational education and training
program.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter II of chapter 138 of title 10, United States Code,
is <<NOTE: 10 USC prec. 2350a.>> amended by adding at the end the
following new item:
``2350r. North Atlantic Treaty Organization Special Operations
Headquarters.''.
(c) Repeal.--Section 1244 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. <<NOTE: 22 USC 1928
note.>> 2541) is repealed.
SEC. 1272. SENSE OF CONGRESS ON NATO AND UNITED STATES DEFENSE
POSTURE IN EUROPE.
It is the sense of Congress as follows:
[[Page 136 STAT. 2861]]
(1) The Russian Federation's further invasion of Ukraine
poses a grave threat to United States security and interests
around the globe and to the rules-based international order,
including the North Atlantic Treaty Organization (NATO).
(2) The Russian Federation has demonstrated a complete
disregard for the safety of civilians during its unlawful and
unprovoked invasion of Ukraine, which has involved
indiscriminate bombing of civilian areas and executions of
noncombatants.
(3) The United States stands with the people of Ukraine and
condemns the heinous acts committed by the Russian Federation
against them, and Congress strongly supports continued
assistance to Ukraine to sustain its ability to repel Russian
invasion forces and continue to retake its sovereign territory.
(4) NATO remains the strongest and most successful military
alliance in the world, founded on a commitment by its members to
uphold the principles of democracy, individual liberty, and the
rule of law. The NATO alliance has grown more robust and more
united in response to Russia's 2022 further invasion of Ukraine,
as allies have enhanced their deterrence and defense posture,
and continued to send military aid to bolster Ukraine's
defenses.
(5) The United States--
(A) strongly supports the path of Sweden and Finland
toward NATO membership, as evidenced by the overwhelming
bipartisan Senate vote providing advice and consent to
the ratification of the Protocols of the North Atlantic
Treaty of 1949 on the Accession of the Republic of
Finland and the Kingdom of Sweden;
(B) urges all NATO allies who have not ratified
their accession to do so as soon as possible;
(C) reaffirms its ironclad commitment to NATO as the
foundation of transatlantic security and to upholding
its obligations under the North Atlantic Treaty,
including Article 5; and
(D) encourages NATO members to move swiftly to meet
their commitments made at the June 2022 NATO Summit to
expand NATO's multinational battle groups and enhance
military posture on NATO's eastern flank, and to
urgently continue progress on meeting their Wales Pledge
commitments, capability targets, contributions to NATO
missions and operations, and resilience commitments.
(6) America's European allies and partners have--
(A) made significant contributions to Ukraine's
defense against the Russian invasion, including critical
military, economic, and humanitarian aid, sanctions, and
export controls, to erode Russia's ability to sustain
its aggression; and
(B) welcomed millions of Ukrainian refugees forced
to flee their homeland.
(7) The United States must continue to work with these
allies and partners to sustain this support, to collectively
reconstitute weapons stocks, and to maintain unified resolve to
reduce threats to critical infrastructure ranging from Russia's
weaponization of energy to China's predatory investments in
transportation and telecommunications infrastructure.
(8) The United States should develop and implement a long-
term plan to adapt United States posture in Europe to
[[Page 136 STAT. 2862]]
the altered threat environment. The elevated United States
posture currently in Europe is crucial in the current threat
environment, and the United States posture changes announced
during the June 2022 NATO Summit are important steps, including
the establishment of the first permanently stationed
headquarters in Poland, the commitment to maintain a rotational
brigade combat team and headquarters in Romania, enhanced
rotations to the Baltic countries, and the forward-stationing of
two additional destroyers in Rota, Spain.
(9) European Deterrence Initiative (EDI) investments have
proven crucial to United States and NATO abilities to rapidly
reinforce the European theater leading up to and during Russia's
further invasion of Ukraine. The United States should continue
robust investments through EDI, including further enhancing
United States posture in Europe and maintaining a committed
schedule of exercises with allies.
(10) The Black Sea is critical to United States interests
and to the security of NATO in the region, given Russia's
unprovoked and unjustified war in Ukraine and Russia's attempts
to directly intimidate, coerce, and otherwise influence
countries in this region. These allies' and partners' security
will have major consequences for broader European security and
collective efforts to enhance Black Sea countries' defense and
resilience capabilities are essential. In addition, the United
States and NATO should consider adopting robust
intergovernmental and interagency strategies for the Black Sea,
to facilitate further collaboration among all countries in the
region.
(11) Estonia, Latvia, and Lithuania play a critical role in
strategic efforts to continue to deter Russia.
(12) The United States should continue to pursue efforts
consistent with the comprehensive, multilateral Baltic Defense
Assessment conducted by the Department of Defense. Robust
support to accomplish United States strategic objectives,
including by providing continued assistance to the Baltic
countries through security cooperation, including cooperation
referred to as the Baltic Security Initiative pursuant to
sections 332 and 333 of title 10, United States Code, should
continue to be prioritized in the years to come. Specifically,
such assistance should include the continuation of--
(A) enhancements to critical capabilities that will
strengthen Baltic security as well as strengthen NATO's
deterrence and defense posture, including integrated air
and missile defense, maritime domain awareness, long-
range precision fires, and command and control;
(B) efforts to enhance interoperability among
Estonia, Latvia, and Lithuania and with NATO;
(C) infrastructure and other host-country support
improvements that will enhance United States and allied
military mobility across the region;
(D) efforts to improve resilience to hybrid and
cyber threats in Estonia, Latvia, and Lithuania; and
(E) support for planning and budgeting efforts of
Estonia, Latvia, and Lithuania that are regionally
synchronized.
(13) It is in the United States interest to support efforts
to enhance security and stability in the Western Balkans. The
United States should continue its efforts to work with Western
[[Page 136 STAT. 2863]]
Balkans allies and partners to build interoperability and
support institutional reforms. The United States should also
support those countries' efforts to resist disinformation
campaigns, predatory investments, and other means by which
Russia and China may seek to influence this region.
(14) The United States should continue to work closely with
European allies and partners to counter growing malign
activities by the People's Republic of China across Europe, in
the Indo-Pacific, and beyond.
SEC. 1273. REPORT ON FIFTH FLEET CAPABILITIES UPGRADES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on--
(1) capabilities upgrades necessary to enable the Fifth
Fleet to address emerging threats in its area of responsibility;
and
(2) <<NOTE: Costs.>> any costs associated with such
upgrades.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) <<NOTE: Assessment. Iran.>> An assessment of seaborne
threats posed by Iran, and groups linked to Iran, to the
military forces of United States allies and partners operating
in the waters in and around the broader Middle East.
(2) A description of any capabilities upgrades necessary to
enable the Fifth Fleet to address such threats.
(3) <<NOTE: Cost estimate.>> An estimate of the costs
associated with any such upgrades.
(4) <<NOTE: Plan.>> A description of any United States plan
to deepen cooperation with other member countries of the
Combined Maritime Forces at the strategic, policy, and
functional levels for the purpose of addressing such threats,
including by--
(A) enhancing coordination on defense planning;
(B) improving intelligence sharing; and
(C) deepening maritime interoperability.
(c) Broader Middle East Defined.--In this section, the term
``broader Middle East'' means--
(1) the land around the southern and eastern shores of the
Mediterranean Sea;
(2) the Arabian Peninsula;
(3) Iran; and
(4) North Africa.
SEC. 1274. REPORT ON USE OF SOCIAL MEDIA BY FOREIGN TERRORIST
ORGANIZATIONS.
(a) Report.--Not later than one year after the date of the enactment
of this Act, the Director of National Intelligence, in coordination with
the Secretary of State and the Secretary of Defense, shall submit to the
appropriate congressional committees a report on--
(1) the use of online social media platforms by entities
designated as foreign terrorist organizations by the Secretary
of State for recruitment, fundraising, and the dissemination of
information; and
(2) the threat posed to the national security of the United
States by the online radicalization of terrorists and violent
extremists with ties to foreign governments or elements thereof,
foreign organizations, or foreign persons, or international
terrorist activities.
[[Page 136 STAT. 2864]]
(b) <<NOTE: Definition.>> Appropriate Congressional Committees.--In
this section, the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence of
the Senate.
SEC. 1275. REPORT AND FEASIBILITY STUDY ON COLLABORATION TO MEET
SHARED NATIONAL SECURITY INTERESTS IN
EAST AFRICA.
(a) Report on Foreign Assistance and Other Activities in
Somaliland.--
(1) Defined term.--In this subsection, the term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate; and
(B) the Committee on Foreign Affairs of the House of
Representatives.
(2) Report.--
(A) <<NOTE: Time period.>> In general.--Not later
than September 30, 2023, and annually thereafter until
the date that is 5 years after the date of the enactment
of this Act, the Secretary of State, in consultation
with the Administrator of the United States Agency for
International Development, shall submit to the
appropriate congressional committees a report that, with
respect to the most recently concluded 12-month period--
(i) describes assistance provided by the
Department of State and the United States Agency
for International Development to Somaliland,
including--
(I) the value of such assistance (in
United States dollars);
(II) the source from which such
assistance was funded;
(III) the names of the programs
through which such assistance was
administered;
(IV) the implementing partners
through which such assistance was
provided;
(V) the sponsoring bureau of the
Department of State or the United States
Agency for International Development;
and
(VI) if the assistance broadly
targeted the Federal Republic of
Somalia, the portion of such assistance
that was--
(aa) explicitly intended to
support Somaliland; and
(bb) ultimately employed in
Somaliland;
(ii) details the staffing and responsibilities
of the Department of State and the United States
Agency for International Development supporting
foreign assistance, diplomatic engagement, and
security initiatives in Somaliland, including the
location of such personnel (duty station) and
their corresponding bureau;
(iii) provides--
[[Page 136 STAT. 2865]]
(I) a detailed account of travel to
Somaliland by employees of the
Department of State and the United
States Agency for International
Development, if any, including the
position, duty station, and trip purpose
for each such trip; or
(II) the justification for not
traveling to Somaliland if no such
personnel traveled during the reporting
period; and
(iv) if the Department of State has provided
training to security forces of the Federal Member
States (FMS), and Somaliland, including--
(I) where such training has
occurred;
(II) the extent to which FMS and
Somaliland security forces have
demonstrated the ability to absorb
previous training; and
(III) the ability of FMS and
Somaliland security forces to maintain
and appropriately utilize such training,
as applicable.
(B) Form.--The report required under subparagraph
(A) shall be submitted in unclassified form, but may
contain a classified annex.
(b) Feasibility Study.--
(1) Defined term.--In this subsection, the term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the
Committee on Armed Services of the Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Armed Services of the House of
Representatives.
(2) Feasibility study.--The Secretary of State, in
consultation with the Secretary of Defense, shall conduct a
feasibility study that--
(A) determines whether opportunities exist for
greater collaboration in the pursuit of United States
national security interests in the Horn of Africa, the
Gulf of Aden, and the Indo-Pacific region with the
Federal Government of Somalia and Somaliland; and
(B) identifies the practicability and advisability
of improving the professionalization and capacity of
security sector actors within the Federal Member States
(FMS) and Somaliland.
(3) <<NOTE: Classified information.>> Report to congress.--
Not later than June 15, 2023, the Secretary of State, in
consultation with the Secretary of Defense and the heads of
other relevant Federal departments and agencies, shall submit a
classified report to the appropriate congressional committees
that contains the results of the feasibility study required
under paragraph (2).
(c) Rule of Construction.--Nothing in this Act, including the
reporting requirement under subsection (a) and the conduct of the
feasibility study under subsection (b), may be construed to convey
United States recognition of Somalia's FMS or Somaliland as an
independent entity.
[[Page 136 STAT. 2866]]
SEC. 1276. ASSESSMENT OF CHALLENGES TO IMPLEMENTATION OF THE
PARTNERSHIP AMONG AUSTRALIA, THE UNITED
KINGDOM, AND THE UNITED STATES.
(a) <<NOTE: Contracts.>> In General.--The Secretary of Defense
shall seek to enter into an agreement with a federally funded research
and development center for the conduct of an independent assessment of
resourcing, policy, and process challenges to implementing the
partnership among Australia, the United Kingdom, and United States
(commonly known as the ``AUKUS partnership'') announced on September 21,
2021.
(b) Matters to Be Considered.--In conducting the assessment required
by subsection (a), the federally funded research and development center
shall consider the following with respect to each of Australia, the
United Kingdom, and the United States:
(1) Potential resourcing and personnel shortfalls.
(2) Information sharing, including foreign disclosure policy
and processes.
(3) Statutory, regulatory, and other policies and processes.
(4) Intellectual property, including patents.
(5) Export controls, including technology transfer and
protection.
(6) Security protocols and practices, including personnel,
operational, physical, facility, cybersecurity,
counterintelligence, marking and classifying information, and
handling and transmission of classified material.
(7) Industrial base implications specifically including
options to expand the United States submarine and nuclear power
industrial base to meet United States and Australia
requirements.
(8) Alternatives that would significantly accelerate
Australia's national security, including--
(A) interim submarine options to include leasing or
conveyance of legacy United States submarines for
Australia's use; or
(B) the conveyance of B-21 bombers.
(9) Any other matter the Secretary considers appropriate.
(c) Recommendations.--The federally funded research and development
center selected to conduct the assessment under this section shall
include, as part of such assessment, recommendations for improvements to
resourcing, policy, and process challenges to implementing the AUKUS
partnership.
(d) Report.--
(1) <<NOTE: Records.>> In general.--Not later than January
1, 2024, the Secretary shall submit to the congressional defense
committees, the Committee on Foreign Relations of the Senate,
and the Committee on Foreign Affairs of the House of
Representatives a report that includes an unaltered copy of such
assessment, together with the views of the Secretary on the
assessment and on the recommendations included in the assessment
pursuant to subsection (c).
(2) Form of report.--The report required by paragraph (1)
shall be submitted in unclassified form but may contain a
classified annex.
[[Page 136 STAT. 2867]]
SEC. 1277. MODIFICATION AND EXTENSION OF UNITED STATES-ISRAEL
COOPERATION TO COUNTER UNMANNED AERIAL
SYSTEMS.
(a) Authority to Establish Capabilities to Counter Unmanned Aerial
Systems.--Subsection (a)(1) of section 1278 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat.
1702; 22 U.S.C. 8606 note) is amended in the first sentence by inserting
after ``to establish capabilities for countering unmanned aerial
systems'' the following ``, including directed energy capabilities,''.
(b) Support in Connection With the Program.--Subsection (b) of such
section is amended--
(1) in paragraph (3)(B), by inserting at the end before the
period the following: ``, including directed energy
capabilities''; and
(2) in paragraph (4), by striking ``$25,000,000'' and
inserting ``$40,000,000''.
(c) Sunset.--Subsection (f) of such section is amended by striking
``December 31, 2024'' and inserting ``December 31, 2026''.
SEC. 1278. SENSE OF CONGRESS AND BRIEFING ON MULTINATIONAL FORCE
AND OBSERVERS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Multinational Force and Observers has helped
strengthen stability and kept the peace in Sinai Peninsula; and
(2) the United States should continue to maintain its strong
support for the Multinational Force and Observers.
(b) <<NOTE: Deadline. Israel. Egypt.>> Briefing.--Not later than 60
days before the implementation of any plan to move a Multinational Force
and Observer site, the Secretary of Defense shall brief the Committee on
Armed Services and the Committee on Foreign Affairs of the House of
Representatives and the Committee on Armed Services and the Committee on
Foreign Relations of the Senate on the resulting impacts of such plan on
existing security arrangements between Israel and Egypt.
SEC. 1279. BRIEFING ON DEPARTMENT OF DEFENSE PROGRAM TO PROTECT
UNITED STATES STUDENTS AGAINST FOREIGN
AGENTS.
<<NOTE: Deadline. Assessment.>> Not later than 240 days after the
date of the enactment of this Act, the Secretary of Defense shall
provide a briefing to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of Representatives on the
program described in section 1277 of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91), including an assessment on
whether the program is beneficial to students interning, working part
time, or in a program that will result in employment post-graduation
with Department of Defense components and contractors.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical agents and munitions destruction, defense.
Sec. 1403. Drug interdiction and counter-drug activities, defense-wide.
[[Page 136 STAT. 2868]]
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense health program.
Subtitle B--National Defense Stockpile
Sec. 1411. Reform of the Strategic and Critical Materials Stock Piling
Act.
Sec. 1412. Modification of acquisition authority under Strategic and
Critical Materials Stock Piling Act.
Sec. 1413. Briefings on shortfalls in National Defense Stockpile.
Sec. 1414. Authority to acquire materials for the National Defense
Stockpile.
Sec. 1415. Department of Defense readiness to support prolonged
conflict.
Subtitle C--Other Matters
Sec. 1421. Authority for transfer of funds to joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund for Captain James A. Lovell Health Care
Center, Illinois.
Sec. 1422. Authorization of appropriations for Armed Forces Retirement
Home.
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2023
for the use of the Armed Forces and other activities and agencies of the
Department of Defense for providing capital for working capital and
revolving funds, as specified in the funding table in section 4501.
SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated for the Department of Defense for fiscal year 2023 for
expenses, not otherwise provided for, for Chemical Agents and Munitions
Destruction, Defense, as specified in the funding table in section 4501.
(b) Use.--Amounts authorized to be appropriated under subsection (a)
are authorized for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such Act.
SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-
WIDE.
Funds are hereby authorized to be appropriated for the Department of
Defense for fiscal year 2023 for expenses, not otherwise provided for,
for Drug Interdiction and Counter-Drug Activities, Defense-wide, as
specified in the funding table in section 4501.
SEC. 1404. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Department of
Defense for fiscal year 2023 for expenses, not otherwise provided for,
for the Office of the Inspector General of the Department of Defense, as
specified in the funding table in section 4501.
SEC. 1405. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fiscal year 2023
for the Defense Health Program for use of the Armed Forces and other
activities and agencies of the Department of Defense for providing for
the health of eligible beneficiaries, as specified in the funding table
in section 4501.
[[Page 136 STAT. 2869]]
Subtitle B--National Defense Stockpile
SEC. 1411. REFORM OF THE STRATEGIC AND CRITICAL MATERIALS STOCK
PILING ACT.
(a) Repeal of Strategic Materials Protection Board.--Section 187 of
title 10, United States Code, <<NOTE: 10 USC prec. 171.>> is repealed.
(b) Strategic and Critical Materials Board of Directors.--Section 10
of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h-
1) is amended to read as follows:
``SEC. 10. STRATEGIC AND CRITICAL MATERIALS BOARD OF DIRECTORS.
``(a) Establishment.--There is established a Strategic and Critical
Materials Board of Directors (in this Act referred to as the `Board').
``(b) Members.--The Board shall be composed, at a minimum, of the
following:
``(1) The Assistant Secretary of Defense for Industrial Base
Policy, who shall serve as chairman of the Board.
``(2) One designee of each of the Secretary of Commerce, the
Secretary of State, the Secretary of Energy, and the Secretary
of the Interior.
``(3) One designee of each of the Chairman and Ranking
Member of the Readiness Subcommittee of the House Committee on
Armed Services.
``(4) One designee of each of the Chairman and Ranking
Member of the Readiness Subcommittee of the Senate Committee on
Armed Services.
``(5) Four designees of the chairman of the Board, who shall
have expertise relating to military affairs, defense
procurement, production of strategic and critical materials,
finance, or any other disciplines deemed necessary by the
chairman to conduct the business of the Board.
``(c) Duties of the Board.--In addition to other matters assigned to
it by the chairman, the Board shall conduct the following, without power
of delegation:
``(1) Adopt by-laws that ensure sufficient oversight,
governance, and effectiveness of the National Defense Stockpile
program.
``(2) Elect or remove Board members.
``(3) Advise the National Defense Stockpile Manager.
``(4) Establish performance metrics and conduct an annual
performance review of the National Defense Stockpile Manager.
``(5) Set compensation for the National Defense Stockpile
Manager.
``(6) Review and approve the annual budget of the National
Defense Stockpile program and conduct appropriate reviews of
annual financial statements.
``(7) Re-allocate budget resources within the annual budget
of the National Defense Stockpile program.
``(8) Review and approve the Annual Materials and Operations
Plan required by section 11(a)(2) of this Act, including a
review of the projected domestic and foreign economic effects of
proposed actions to be taken under the Annual Materials and
Operations Plan.
[[Page 136 STAT. 2870]]
``(9) Complete and submit the annual Board Report, in
accordance with section 11(b)(2) of this Act.
``(10) Recommend to the Secretary of Defense--
``(A) a strategy to ensure a secure supply of
materials designated as critical to national security;
and
``(B) such other strategies as the Board considers
appropriate to strengthen the industrial base with
respect to materials critical to national security.
``(d) <<NOTE: Time period.>> Board Meetings.--The Board shall meet
as determined necessary by the chairman but not less frequently than
once every year to fulfill the duties described in subsection (c).
``(e) Application of Federal Advisory Committee Act.--Section 14 of
the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to
the Board.
``(f) Definitions.--In this section:
``(1) Materials critical to national security.--The term
`materials critical to national security' means materials--
``(A) upon which the production or sustainment of
military equipment is dependent; and
``(B) the supply of which could be restricted by
actions or events outside the control of the Government
of the United States.
``(2) Military equipment.--The term `military equipment'
means equipment used directly by the Armed Forces to carry out
military operations.
``(3) Secure supply.--The term `secure supply', with respect
to a material, means the availability of a source or sources for
the material, including the full supply chain for the material
and components containing the material.''.
(c) Reports.--Section 11 of such Act (50 U.S.C. 98h-2) is amended to
read as follows:
``SEC. 11. REPORTS.
``(a) <<NOTE: Time periods. Financial statements.>> Reports to the
Board.--The National Defense Stockpile Manager shall submit to the Board
the following:
``(1) Not later than 40 calendar days after the last day of
each of the first three fiscal quarters in each fiscal year,
unaudited financial statements and a Manager's Discussion and
Analysis for the immediately preceding fiscal quarter.
``(2) Not later than 60 calendar days after the conclusion
of the fourth quarter of each fiscal year--
``(A) audited financial statements and a Manager's
Discussion and Analysis for the immediately preceding
fiscal year; and
``(B) an Annual Materials and Operations Plan for
the forthcoming year.
``(b) Reports to Congress.--
``(1) Reports by national defense stockpile manage.--Not
later <<NOTE: Time period.>> than 90 days after the conclusion
of the fourth quarter of each fiscal year, the National Defense
Stockpile Manager shall submit to the congressional defense
committees (as defined in section 101(a) of title 10, United
States Code) a report that shall include--
``(A) information with respect to foreign and
domestic purchases of materials for the stockpile during
the preceding fiscal year;
[[Page 136 STAT. 2871]]
``(B) information with respect to the acquisition
and disposal of materials under this Act by barter,
during such fiscal year;
``(C) information with respect to the activities by
the National Defense Stockpile Manager to encourage the
conservation, substitution, and development of strategic
and critical materials;
``(D) information with respect to the research and
development activities conducted under section 8 of this
Act;
``(E) audited annual financial statements for the
Strategic and Critical Materials Fund;
``(F) other pertinent information on the
administration of this Act as will enable the Congress
to evaluate the effectiveness of the program;
``(G) details of all planned expenditures from the
Strategic and Critical Materials Fund over the Future
Years' Defense Program and anticipated receipts from
proposed disposals of stockpile materials; and
``(H) the report required by paragraph (2).
``(2) Report by the board.--The Board shall prepare a
written report to accompany the report required by paragraph (1)
which shall include--
``(A) the activities of the Board to carry out the
duties listed in section 10(c) of this Act; and
``(B) the most recent Annual Materials and
Operations Plan submitted under subsection (a)(2)(B).''.
(d) Conforming Amendments.--
(1) Strategic and critical materials stock piling act.--The
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98
et seq.) is amended--
(A) <<NOTE: 50 USC 98d.>> in section 5(a)(2)--
(i) by striking ``certain stockpile
transactions'' and all that follows through
``submitted the President proposes''; and
(ii) by striking ``any such transaction'' and
inserting the following: ``any stockpile
transactions proposed in the Annual Materials and
Operations Plan for such fiscal year after the
Board submits the report under section 11(b)(2)
containing such plan''; and
(B) <<NOTE: 50 USC 98h-6.>> in section 15--
(i) in subsection (c)(1), by striking ``annual
materials plan'' and inserting ``Annual Materials
and Operations Plan''; and
(ii) in subsection (e)--
(I) by inserting ``, acting through
the National Defense Stockpile
Manager,'' after ``The President''; and
(II) by striking ``section 11(a)''
and inserting ``section 11(b)(1)''.
(2) Title 10.--Title 10 of the United States Code is
amended--
(A) in section 4863(g), by striking ``Strategic
Materials Protection Board pursuant to section 187 of
this title'' and inserting ``Strategic and Critical
Materials Board of Directors pursuant to section 10 of
the Strategic and Critical Materials Stock Piling Act
(50 U.S.C. 98h-1)''; and
[[Page 136 STAT. 2872]]
(B) in section 4872(c)(3)(B), by striking ``
Strategic Materials Protection Board pursuant to section
187 of this title'' and inserting ``Strategic and
Critical Materials Board of Directors pursuant to
section 10 of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98h-1)''.
SEC. 1412. MODIFICATION OF ACQUISITION AUTHORITY UNDER STRATEGIC
AND CRITICAL MATERIALS STOCK PILING ACT.
(a) In General.--Section 5 of the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98d) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the first sentence, by inserting
``under the authority of paragraph (3) of this
section or'' after ``Except for acquisitions
made''; and
(ii) in the second sentence, by striking ``for
such acquisition'' and inserting ``for any
acquisition of materials under this Act''; and
(B) by adding at the end the following:
``(3) <<NOTE: Determination.>> Using funds appropriated for
acquisition of materials under this Act, the National Defense Stockpile
Manager may acquire materials determined to be strategic and critical
under section 3(a) without regard to the requirement of the first
sentence of paragraph (1) if the Stockpile Manager determines there is a
shortfall of such materials in the stockpile.''; and
(2) in subsection (c), by striking ``to carry out the
purposes for which appropriated for a period of two fiscal
years, if so provided in appropriation Acts'' and inserting
``until expended, unless otherwise provided in appropriations
Acts''.
(b) Increase in Quantities of Materials to Be Stockpiled.--Section
3(c)(2) of the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98b(c)(2)) is amended--
(1) <<NOTE: President. Notification.>> by amending the
first sentence to read as follows: ``The President shall notify
Congress in writing of any increase proposed to be made in the
quantity of any material to be stockpiled that involves the
acquisition of additional materials for the stockpile.'';
(2) in the second sentence, by striking ``the change after
the end of the 45-day period'' and inserting ``the increase
after the end of the 30-day period''; and
(3) in the third sentence, by striking ``change'' and
inserting ``increase''.
SEC. 1413. BRIEFINGS ON SHORTFALLS IN NATIONAL DEFENSE STOCKPILE.
Section 14 of the Strategic and Critical Materials Stock Piling Act
(50 U.S.C. 98h-5) is amended by adding at the end the following new
subsection:
``(f)(1) <<NOTE: Deadline.>> Not later than March 1 each year, the
National Defense Stockpile Manager shall provide to the congressional
defense committees a briefing on strategic and critical materials that--
``(A) are determined to be in shortfall in the most recent
report on stockpile requirements submitted under subsection (a);
and
``(B) the acquisition or disposal of which is included in
the Annual Materials and Operations Plan for the operation of
the stockpile during the next fiscal year submitted under
section 11(b).
[[Page 136 STAT. 2873]]
``(2) Each briefing required by paragraph (1) shall include--
``(A) a description of each material described in that
paragraph, including the objective to be achieved if funding is
provided, in whole or in part, for the acquisition of the
material to remedy the shortfall;
``(B) <<NOTE: Estimate.>> an estimate of additional amounts
required to provide such funding, if any; and
``(C) <<NOTE: Assessment.>> an assessment of the supply
chain for each such material, including any assessment of any
relevant risk in any such supply chain.''.
SEC. 1414. AUTHORITY TO ACQUIRE MATERIALS FOR THE NATIONAL DEFENSE
STOCKPILE.
(a) Acquisition Authority.--Of the funds appropriated into the
National Defense Stockpile Transaction Fund pursuant to the
authorization of appropriations under subsection (c), the National
Defense Stockpile Manager may use up to $1,003,500,000 for acquisition
of the following materials determined to be strategic and critical
materials required to meet the defense, industrial, and essential
civilian needs of the United States:
(1) Neodymium oxide, praseodymium oxide, and neodymium iron
boron (NdFeB) magnet block.
(2) Titanium.
(3) Energetic materials.
(4) Iso-molded graphite.
(5) Grain-oriented electric steel.
(6) Tire cord steel.
(7) Cadmium zinc telluride.
(8) Any additional materials identified as stockpile
requirements in the most recent report submitted to Congress
under section 14 of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98h-5).
(b) Fiscal Year Limitation.--The authority under subsection (a) is
available for purchases during fiscal years 2023 through 2032.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the National Defense Stockpile Transaction Fund
$1,003,500,000 for the acquisition of strategic and critical materials
under section 6(a) of the Strategic and Critical Materials Stock Piling
Act (50 U.S.C. 98e(a)).
(d) Compliance With Strategic and Critical Materials Stock Piling
Act.--Any acquisition using funds appropriated pursuant to the
authorization of appropriations under subsection (c) shall be carried
out in accordance with the provisions of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98 et seq.).
SEC. 1415. <<NOTE: 50 USC 98d note.>> DEPARTMENT OF DEFENSE
READINESS TO SUPPORT PROLONGED CONFLICT.
(a) Studies Required.--
(1) In general.--For each report required by section 14(a)
of the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98h-5(a)), the National Defense Stockpile Manager shall--
(A) <<NOTE: Time period.>> conduct a study on the
strategic materials required by the Department of
Defense to sustain combat operations for not less than
one year against the pacing threat identified in the
National Defense Strategy; and
[[Page 136 STAT. 2874]]
(B) <<NOTE: Reports. Classified information.>> not
later than January 15, 2024, submit to the congressional
defense committees a report on such study in a
classified form with an unclassified summary.
(2) Energy storage and electronic components.--
(A) <<NOTE: Time period.>> In general.--The Under
Secretary of Defense for Acquisition and Sustainment
shall conduct a study of the energy storage and
electronic components necessary to sustain combat
operations for not less than one year against the pacing
threat identified in the National Defense Strategy.
(B) Report.----
(i) In general.--Not later than January 15,
2024, the Under Secretary of Defense for
Acquisition and Sustainment shall submit to the
congressional defense committees a report on the
study required under subparagraph (A).
(ii) Form.--The report required by clause (i)
shall be submitted in an unclassified form but may
contain a classified annex.
(iii) Elements.--The report required by clause
(i) shall include the following:
(I) A description of the specific
number and type of energy storage and
electronic components that the
Department of Defense requires for the
manufacture of munitions, combat support
items, and weapon systems to sustain
combat operations.
(II) A description of the specific
number and type of energy storage and
electronic components that the
Department of Defense requires to
replenish or replace munitions, combat
support items, and weapon systems that
are lost or expended during the
execution and sustainment of the
relevant operational plan.
(III) A description of supply chain
vulnerabilities during the sustainment
and execution period, such as sole
sources of supply, war damage, and
shipping interdiction.
(IV) A description of supply chain
vulnerabilities prior to the sustainment
and execution period and the
replenishment and replacement period,
such as reliance on sole sources of
supply, geographic proximity to
strategic competitors, and diminishing
manufacturing sources.
(V) An identification of alternative
sources of supply for energy and
electronics components that are domestic
or are from allies or partners of the
United States.
(VI) <<NOTE: Assessment.>> An
assessment of the technical and economic
feasibility of the preparedness and
response programs of the Department of
Defense, such as the National Defense
Stockpile, the Warstopper program, war
reserves and pre-positioned stocks,
contract options, or other methods to
mitigate postulated shortfalls to
Department of Defense requirements.
[[Page 136 STAT. 2875]]
(VII) Any other such elements deemed
appropriate by the Under Secretary of
Defense for Acquisition and Sustainment.
(C) Energy storage and electronic component
defined.--In this paragraph, the term ``energy storage
and electronic component'' includes--
(i) an item that operates by controlling the
flow of electrons or other electrically charged
particles in circuits, using interconnections of
electrical devices such as resistors, inductors,
capacitors, diodes, switches, transistors, or
integrated circuits; and
(ii) battery cells, battery modules, battery
packs, and other related components related to
batteries.
(b) Acquisition Priority.--Consistent with the authority in section
5 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C.
98d) and subject to the availability of appropriations, the National
Defense Stockpile Manager shall acquire the highest priority strategic
and critical materials identified in the report submitted under
subsection (a)(1).
(c) Strategic and Critical Materials Defined.--In this section, the
term ``strategic and critical materials'' has the meaning given such
term in section 12 of the Strategic and Critical Materials Stock Piling
Act (50 U.S.C. 98h-3).
Subtitle C--Other Matters
SEC. 1421. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPARTMENT OF
DEFENSE-DEPARTMENT OF VETERANS AFFAIRS
MEDICAL FACILITY DEMONSTRATION FUND FOR
CAPTAIN JAMES A. LOVELL HEALTH CARE
CENTER, ILLINOIS.
(a) Authority for Transfer of Funds.--Of the funds authorized to be
appropriated for section 1405 and available for the Defense Health
Program for operation and maintenance, $168,000,000 may be transferred
by the Secretary of Defense to the Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration Fund
established by subsection (a)(1) of section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
2571). For purposes of subsection (a)(2) of such section 1704, any funds
so transferred shall be treated as amounts authorized and appropriated
specifically for the purpose of such a transfer.
(b) Use of Transferred Funds.--For the purposes of subsection (b) of
such section 1704, facility operations for which funds transferred under
subsection (a) may be used are operations of the Captain James A. Lovell
Federal Health Care Center, consisting of the North Chicago Veterans
Affairs Medical Center, the Navy Ambulatory Care Center, and supporting
facilities designated as a combined Federal medical facility under an
operational agreement covered by section 706 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-
417; 122 Stat. 4500).
[[Page 136 STAT. 2876]]
SEC. 1422. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES
RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 2023
from the Armed Forces Retirement Home Trust Fund the sum of $152,360,000
of which--
(1) $75,360,000 is for operation, maintenance, construction
and renovation; and
(2) $77,000,000 is for major construction.
TITLE XV--CYBER AND INFORMATION OPERATIONS MATTERS
Subtitle A--Cyber Matters
Sec. 1501. Improvements to Principal Cyber Advisors.
Sec. 1502. Annual reports on support by military departments for United
States Cyber Command.
Sec. 1503. Modification of office of primary responsibility for
strategic cybersecurity program.
Sec. 1504. Tailored cyberspace operations organizations.
Sec. 1505. Establishment of support center for consortium of
universities that advise Secretary of Defense on
cybersecurity matters.
Sec. 1506. Alignment of Department of Defense cyber international
strategy with National Defense Strategy and Department of
Defense Cyber Strategy.
Sec. 1507. Enhancement of cyberspace training and security cooperation.
Sec. 1508. Military Cybersecurity Cooperation with Hashemite Kingdom of
Jordan.
Sec. 1509. Management and oversight of Joint Cyber Warfighting
Architecture.
Sec. 1510. Integrated non-kinetic force development.
Sec. 1511. Protection of critical infrastructure.
Sec. 1512. Budget display for cryptographic modernization activities for
certain systems of the Department of Defense.
Sec. 1513. Establishing projects for data management, artificial
intelligence, and digital solutions.
Sec. 1514. Operational testing for commercial cybersecurity
capabilities.
Subtitle B--Information Operations
Sec. 1521. Requirement to notify Chief of Mission of military operation
in the information environment.
Sec. 1522. Assessment and optimization of Department of Defense
information and influence operations conducted through
cyberspace.
Sec. 1523. Joint information operations course.
Sec. 1524. Limitation on availability of certain funds until submission
of joint lexicon for terms related to information operations.
Sec. 1525. Limitation on availability of funds pending submittal of
information operations strategy and posture review.
Sec. 1526. Limitation on availability of certain funds until submission
of assessments relating to cybersecurity of the defense
industrial base.
Subtitle C--Personnel
Sec. 1531. Cyber operations-peculiar awards.
Sec. 1532. Establishment of Cyber Operations Designator and rating for
the Navy.
Sec. 1533. Total force generation for the Cyberspace Operations Forces.
Sec. 1534. Correcting cyber mission force readiness shortfalls.
Sec. 1535. Department of Defense Cyber and Digital Service Academy.
Sec. 1536. Report on recommendations from Navy Civilian Career Path
study.
Sec. 1537. Study to determine optimal strategy for structuring and
manning elements of Joint Force Headquarters-Cyber
Organizations, Joint Mission Operations Centers, and Cyber
Operations-Integrated Planning Elements.
Sec. 1538. Manning review of Space Force cyber squadrons.
Sec. 1539. Independent review of posture and staffing levels of Office
of the Chief Information Officer.
Sec. 1540. Independent assessment of Civilian Cybersecurity Reserve for
Department of Defense.
Sec. 1541. Comprehensive review of Cyber Excepted Service.
Subtitle D--Reports and Other Matters
Sec. 1551. Pilot program for sharing cyber capabilities and related
information with foreign operational partners.
[[Page 136 STAT. 2877]]
Sec. 1552. Demonstration program for cyber and information technology
budget data analytics.
Sec. 1553. Plan for commercial cloud test and evaluation.
Sec. 1554. Roadmap and implementation plan for cyber adoption of
artificial intelligence.
Sec. 1555. Review of Department of Defense implementation of
recommendations from Defense Science Board cyber report.
Sec. 1556. Annual briefing on relationship between National Security
Agency and United States Cyber Command.
Sec. 1557. Review of definitions associated with Cyberspace Operations
Forces.
Sec. 1558. Annual assessments and reports on assignment of certain
budget control responsibility to Commander of United States
Cyber Command.
Sec. 1559. Assessments of weapons systems vulnerabilities to radio-
frequency enabled cyber attacks.
Sec. 1560. Briefing on Department of Defense plan to deter and counter
adversaries in the information environment.
Subtitle A--Cyber Matters
SEC. 1501. IMPROVEMENTS TO PRINCIPAL CYBER ADVISORS.
(a) Certification Authority for Cyberspace Operations.--Subsection
(c) of section 932 of the National Defense Authorization Act for Fiscal
Year 2014 (Public Law 113-66; 10 U.S.C. 2224 note) is amended by adding
at the end the following:
``(4) <<NOTE: Reports. Requirement. Transmittal.>> Budget
review.--(A) The Secretary of Defense, acting through the Under
Secretary of Defense (Comptroller), shall require the
Secretaries of the military departments and the heads of the
Defense agencies with responsibilities associated with any
activity specified in paragraph (2) to transmit the proposed
budget for such activities for a fiscal year and for the period
covered by the future-years defense program submitted to
Congress under section 221 of this title for that fiscal year to
the Principal Cyber Advisor for review under subparagraph (B)
before submitting the proposed budget to the Under Secretary of
Defense (Comptroller).
``(B) <<NOTE: Certification.>> The Principal Cyber Advisor
shall review each proposed budget transmitted under subparagraph
(A) and, not later than January 31 of the year preceding the
fiscal year for which the budget is proposed, shall submit to
the Secretary of Defense a report containing the comments of the
Principal Cyber Advisor with respect to all such proposed
budgets, together with the certification of the Principal Cyber
Advisor regarding whether each proposed budget is adequate.
``(C) Not later than March 31 of each year, the Secretary of
Defense shall submit to Congress a report specifying each
proposed budget that the Principal Cyber Advisor did not certify
to be adequate. The report of the Secretary shall include the
following matters:
``(i) <<NOTE: Recommenda- tions.>> A discussion of
the actions that the Secretary proposes to take,
together with any recommended legislation that the
Secretary considers appropriate, to address the
inadequacy of the proposed budgets specified in the
report.
``(ii) Any additional comments that the Secretary
considers appropriate regarding the inadequacy of the
proposed budgets.''.
(b) Codification of Principal Cyber Advisors.--
(1) Title 10.--Chapter 19 of title 10, <<NOTE: 10 USC prec.
391.>> United States Code, is amended by inserting after
section 392 the following new section (and conforming the table
of sections at the beginning of such chapter accordingly):
[[Page 136 STAT. 2878]]
``Sec. 392a. <<NOTE: 10 USC 392a.>> Principal Cyber Advisors''.
(2) Principal cyber advisor to secretary of defense.--
Subsection (c) of section 932 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10
U.S.C. 2224 note), as amended by subsection (a), is--
(A) transferred to section 392a of title 10, United
States Code, as added by paragraph (1);
(B) redesignated as subsection (a);
(C) amended by striking paragraph (1) and inserting
the following:
``(1) Establishment.--There is a Principal Cyber Advisor in
the Department of Defense.''; and
(D) amended in the subsection heading by inserting
``to Secretary of Defense'' after ``Advisor''.
(3) Deputy cyber advisor.--Section 905 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-
92; 10 U.S.C. 391 note) is--
(A) transferred to chapter 19 of title 10, United
States Code, designated as subsection (b) of section
392a, as added by paragraph (1), and amended by
redesignating each subordinate provision and the margins
thereof accordingly; and
(B) amended--
(i) by striking ``this subsection'' each place
it appears and inserting ``this paragraph''; and
(ii) by striking ``subsection (a)'' each place
it appears and inserting ``paragraph (1)''.
(4) Principal cyber advisors to secretaries of military
departments.--Section 1657 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 391 note)
is--
(A) transferred to chapter 19 of title 10, United
States Code, designated as subsection (c) of section
392a, as added by paragraph (1), and amended by
redesignating each subordinate provision and the margins
thereof accordingly; and
(B) amended--
(i) by striking ``subparagraph (B)'' and
inserting ``clause (ii)'';
(ii) by striking ``paragraph (1)'' each place
it appears and inserting ``subparagraph (A)'';
(iii) by striking ``paragraph (2)'' each place
it appears and inserting ``subparagraph (B)'';
(iv) by striking ``subsection (a)(1)'' and
inserting ``paragraph (1)(A)'';
(v) by striking ``subsection (a)'' each place
it appears and inserting ``paragraph (1)'';
(vi) by striking ``subsection (b)'' each place
it appears and inserting ``paragraph (2)''; and
(vii) by striking paragraph (6) (as
redesignated pursuant to subparagraph (A)).
(c) Conforming Amendments.--
(1) Title 10.--Section 167b(d)(2)(A) of title 10, United
States Code, is amended by inserting ``to the Secretary of
Defense under section 392a(a) of this title'' after ``Principal
Cyber Advisor''.
[[Page 136 STAT. 2879]]
(2) FY22 ndaa.--Section 1528(e)(2) of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 10
U.S.C. 2224 note) is amended by striking ``section 1657(d) of
the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 10 U.S.C. 391 note)'' and inserting
``section 392a(c)(4) of title 10, United States Code''.
(3) FY17 ndaa.--Section 1643(b) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10
U.S.C. 2224 note) is amended by striking ``The Principal Cyber
Advisor, acting through the cross-functional team established by
section 932(c)(3) of the National Defense Authorization Act for
Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. 2224 note)'' and
inserting ``The Principal Cyber Advisor to the Secretary of
Defense, acting through the cross-functional team under section
392a(a)(3) of title 10, United States Code,''.
SEC. 1502. ANNUAL REPORTS ON SUPPORT BY MILITARY DEPARTMENTS FOR
UNITED STATES CYBER COMMAND.
(a) Annual Reports.--Chapter 19 of title 10, United States
Code, <<NOTE: 10 USC prec. 391.>> is amended by inserting after section
391 the following new section (and conforming the table of sections at
the beginning of such chapter accordingly):
``Sec. 391a. <<NOTE: 10 USC 391a.>> Annual reports on support by
military departments for United States Cyber
Command
``(a) Reports.--Not later than 15 days after the date on which the
Secretary of Defense submits to Congress the defense budget materials
(as defined in section 239 of this title) for a fiscal year, the
Commander of the United States Cyber Command shall submit to the
congressional defense committees a report containing the following:
``(1) <<NOTE: Evaluation.>> An evaluation of whether each
military department is meeting the requirements established by
the Commander and validated by the Office of the Secretary of
Defense, and is effectively implementing the plan required by
section 1534 of the National Defense Authorization Act for
Fiscal Year 2023, and the requirements established pursuant to
section 1533 of such Act.
``(2) For each military department evaluated under paragraph
(1)--
``(A) <<NOTE: Certification.>> a certification that
the military department is meeting such requirements; or
``(B) a detailed explanation regarding how the
military department is not meeting such requirements.
``(b) Elements of Evaluation.--Each evaluation under subsection
(a)(1) shall include, with respect to the military department being
evaluated, the following:
``(1) The adequacy of the policies, procedures, and
execution of manning, training, and equipping personnel for
employment within the Cyber Mission Force.
``(2) <<NOTE: Compliance.>> The sufficiency and robustness
of training curricula for personnel to be assigned to either the
Cyber Mission Force or units within the cyberspace operations
forces, and the compliance by the military department with
training standards.
``(3) The adequacy of the policies and procedures relating
to the assignment and assignment length of members of the
[[Page 136 STAT. 2880]]
Army, Navy, Air Force, Marine Corps, or Space Force to the Cyber
Mission Force.
``(4) The efficacy of the military department in filling key
work roles within the Cyber Mission Force, including the proper
force mix of civilian, military, and contractor personnel, and
the means necessary to meet requirements established by the
Commander and validated by the Secretary of Defense.
``(5) The adequacy of the investment to advance cyber-
peculiar science and technology, particularly with respect to
capability development for the Cyber Mission Force.
``(6) <<NOTE: Assessment.>> The sufficiency of the
policies, procedures, and investments relating to the
establishment and management of military occupational specialty,
designator, rating, or Air Force specialty code for personnel
responsible for cyberspace operations, including an assessment
of the effectiveness of the combination of policies determining
availability and retention of sufficient numbers of proficient
personnel in key work roles, including length of service
commitment, the use of bonuses and special pays, alternative
compensation mechanisms, and consecutive tours in preferred
assignments.
``(7) In coordination with the Principal Cyber Advisor of
the Department of Defense, an evaluation of the use by the
military department of the shared lexicon of the Department of
Defense specific to cyberspace activities.
``(8) The readiness of personnel serving in the Cyber
Mission Force and the cyberspace operations forces to accomplish
assigned missions.
``(9) The adequacy of actions taken during the period of
evaluation by the military department to respond to findings
from any previous years' evaluations.
``(10) Any other element determined relevant by the
Commander.''.
(b) <<NOTE: 10 USC 391a note.>> First Report.--The Commander of the
United States Cyber Command shall submit to the congressional defense
committees the first report under section 391a of title 10, United
States Code, as added by subsection (a), as soon as practicable after
the date of the submission of the defense budget materials for fiscal
year 2024.
SEC. 1503. MODIFICATION OF OFFICE OF PRIMARY RESPONSIBILITY FOR
STRATEGIC CYBERSECURITY PROGRAM.
Paragraph (2) of section 1640(c) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C.
2224 note) is amended to read as follows:
``(2) <<NOTE: Deadline. Designation.>> Office of primary
responsibility.--Not later than 30 days after the date of the
enactment of the National Defense Authorization Act for Fiscal
Year 2023, the Secretary of Defense shall designate a principal
staff assistant from within the Office of the Secretary of
Defense whose office shall serve as the office of primary
responsibility for the Program, providing policy, direction, and
oversight regarding the execution of the responsibilities of the
program manager described in paragraph (5).''.
SEC. 1504. <<NOTE: Deadlines. Reviews.>> TAILORED CYBERSPACE
OPERATIONS ORGANIZATIONS.
Section 1723 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-
[[Page 136 STAT. 2881]]
283; 10 U.S.C. 394 note) is amended by adding at the end the following
new subsections:
``(e) Implementation.--Not later than May 1, 2023, the Commanding
Officer of Navy Cyber Warfare Development Group shall submit to the
congressional defense committees an independent review of the study
under subsection (a). <<NOTE: Evaluations.>> The review shall include,
at a minimum, evaluations of--
``(1) the value of the study to the Navy Cyber Warfare
Development Group and to the Navy;
``(2) <<NOTE: Recommenda- tions.>> any recommendations not
considered or included as part of the study;
``(3) the implementation of subsection (b); and
``(4) other matters as determined by the Commanding Officer.
``(f) <<NOTE: Briefing. Examination.>> Update to Congress.--Not
later than July 1, 2023, the Secretaries of the military departments and
the Assistant Secretary of Defense for Special Operations and Low
Intensity Conflict shall provide to the congressional defense committees
a briefing on activities taken during the period following the date of
the briefing provided under subsection (d), including an examination of
establishing Tailored Cyberspace Operations Organizations and use of the
authority provided pursuant to subsection (c).
``(g) Air Force Actions.--Not later than July 1, 2023, the Secretary
of the Air Force shall submit to the congressional defense committees a
review of the activities of the Navy Cyber Warfare Development Group,
including with respect to the authorities of the Group. The review shall
include the following:
``(1) <<NOTE: Assessment.>> An assessment of whether such
authorities shall be conferred on the 90th Cyberspace Operations
Squadron of the Air Force.
``(2) A consideration of whether the 90th Cyberspace
Operations Squadron should be designated a controlled tour, as
defined by the Secretary.''.
SEC. 1505. ESTABLISHMENT OF SUPPORT CENTER FOR CONSORTIUM OF
UNIVERSITIES THAT ADVISE SECRETARY OF
DEFENSE ON CYBERSECURITY MATTERS.
Section 1659 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 10 U.S.C. 391 note) is amended by adding
at the end the following new subsection:
``(f) Support Center.--
``(1) Establishment.--The Secretary shall establish a center
to provide support to the consortium established under
subsection (a).
``(2) Composition.--
``(A) Requirement.--The center established under
paragraph (1) shall be composed of one or two
universities, as the Secretary considers appropriate,
that--
``(i) have been designated as centers of
academic excellence by the Director of the
National Security Agency or the Secretary of
Homeland Security; and
``(ii) are eligible for access to classified
information.
``(B) <<NOTE: Federal Register, publication.>>
Publication.--The Secretary shall publish in the Federal
Register the process for selection of universities to
serve as the center established under paragraph (1).
``(3) Functions.--The functions of the center established
under paragraph (1) are as follows:
[[Page 136 STAT. 2882]]
``(A) To promote the consortium established under
subsection (a).
``(B) To distribute on behalf of the Department
requests for information or assistance to members of the
consortium.
``(C) To collect and assemble responses from
requests distributed under subparagraph (B).
``(D) To provide additional administrative support
for the consortium.''.
SEC. 1506. <<NOTE: 10 USC note prec. 391.>> ALIGNMENT OF
DEPARTMENT OF DEFENSE CYBER
INTERNATIONAL STRATEGY WITH NATIONAL
DEFENSE STRATEGY AND DEPARTMENT OF
DEFENSE CYBER STRATEGY.
(a) <<NOTE: Deadline.>> Alignment Required.--Not later than 270
days after the date of the enactment of this Act, the Secretary of
Defense, acting through the Under Secretary of Defense for Policy and in
coordination with the commanders of the combatant commands and the
Director of the Joint Staff, shall undertake efforts to align the
cybersecurity cooperation enterprise of the Department of Defense and
the cyberspace operational partnerships of the Department with--
(1) the national defense strategy published in 2022 pursuant
to section 113(g) of title 10, United States Code;
(2) the Cyber Strategy of the Department published during
fiscal year 2023; and
(3) the current International Cyberspace Security
Cooperation Guidance of the Department, as of the date of the
enactment of this Act.
(b) Elements.--The alignment efforts under subsection (a) shall
include the following efforts within the Department of Defense:
(1) Efforts to build the internal capacity of the Department
to support international strategy policy engagements with allies
and partners of the United States.
(2) Efforts to coordinate and align cyberspace operations
with foreign partners of the United States, including alignment
between hunt-forward missions and other cyber international
strategy activities conducted by the Department, including
identification of processes, working groups, and methods to
facilitate coordination between geographic combatant commands
and the United States Cyber Command.
(3) Efforts to deliberately cultivate operational and
intelligence-sharing partnerships with key allies and partners
of the United States to advance the cyberspace operations
objectives of the Department.
(4) Efforts to identify key allied and partner networks,
infrastructure, and systems that the Joint Force will rely upon
for warfighting and to--
(A) support the cybersecurity and cyber defense of
those networks, infrastructure, and systems;
(B) build partner capacity to actively defend those
networks, infrastructure, and systems;
(C) eradicate malicious cyber activity that has
compromised those networks, infrastructure, and systems,
such as when identified through hunt-forward operations;
and
(D) leverage the commercial and military
cybersecurity technology and services of the United
States to harden and defend those networks,
infrastructure, and systems.
[[Page 136 STAT. 2883]]
(5) Efforts to secure the environments and networks of
mission partners of the United States used to hold intelligence
and information originated by the United States.
(6) Prioritization schemas, funding requirements, and
efficacy metrics to drive cyberspace security investments in the
tools, technologies, and capacity-building efforts that will
have the greatest positive impact on the resilience and ability
of the Department to execute its operational plans and achieve
integrated deterrence.
(c) <<NOTE: Consultation.>> Organization.--The Under Secretary of
Defense for Policy shall lead efforts to implement this section. In
doing so, the Under Secretary shall consult with the Secretary of State,
the National Cyber Director, the Director of the Cybersecurity and
Infrastructure Security Agency, and the Director of the Federal Bureau
of Investigation, to align plans and programs as appropriate.
(d) Annual Briefings.--
(1) <<NOTE: Deadline. Termination date.>> Requirement.--Not
later than 180 days after the date of the enactment of this Act,
and not less frequently than once each fiscal year until
September 30, 2025, the Under Secretary of Defense for Policy
shall provide to the Committees on Armed Services of the Senate
and the House of Representatives a briefing on the
implementation of this section.
(2) Contents.--Each briefing under paragraph (1) shall
include the following:
(A) <<NOTE: Overview.>> An overview of efforts
undertaken pursuant to this section.
(B) An accounting of all the security cooperation
activities of the Department germane to cyberspace and
changes made pursuant to implementation of this section.
(C) <<NOTE: Schedule.>> A detailed schedule with
target milestones and required expenditures for all
planned activities related to the efforts described in
subsection (b).
(D) Interim and final metrics for building the
cyberspace security cooperation enterprise of the
Department.
(E) Identification of such additional funding,
authorities, and policies, as the Under Secretary
determines may be required.
(F) <<NOTE: Recommenda- tions.>> Such
recommendations as the Under Secretary may have for
legislative action to improve the effectiveness of
cyberspace security cooperation of the Department with
foreign partners and allies.
(e) <<NOTE: Termination date.>> Annual Report.--Not later than 90
days after the date of the enactment of this Act and not less frequently
than once each year thereafter until January 1, 2025, the Under
Secretary of Defense for Policy shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of the House
of Representatives a report summarizing the cyber international strategy
activities of the Department, including within the cybersecurity
cooperation enterprise of the Department and the cyber operational
partnerships of the Department.
SEC. 1507. <<NOTE: Deadlines. 10 USC note prec. 391.>>
ENHANCEMENT OF CYBERSPACE TRAINING AND
SECURITY COOPERATION.
(a) Enhanced Training.--
(1) <<NOTE: Guidance.>> Requirement.--The Under Secretary
of Defense for Intelligence and Security and the Under Secretary
of Defense for Policy, in coordination with the Commander of
United States
[[Page 136 STAT. 2884]]
Cyber Command, the Director of the Defense Security Cooperation
Agency, and the Director of the Defense Intelligence Agency,
shall develop enhanced guidance for and implement training on
cyberspace security cooperation at the Defense Security
Cooperation University and the Joint Military Attache School.
(2) Timing.--The Under Secretaries shall develop the
enhanced guidance and implement the training under paragraph
(1)--
(A) by not later than one year after the date of the
enactment of this Act with respect to the Joint Military
Attache School; and
(B) by not later than September 30, 2025, with
respect to the Defense Security Cooperation University.
(3) Elements.--The Under Secretaries shall ensure that the
training on cyberspace security cooperation under paragraph
(1)--
(A) is tailored to the trainees' anticipated embassy
role and functions; and
(B) provides familiarity with--
(i) the different purposes of cyberspace
engagements with partners and allies of the United
States, including threat awareness, cybersecurity,
mission assurance, and operations;
(ii) the types of cyberspace security
cooperation programs and activities available for
partners and allies of the United States,
including bilateral and multilateral cyberspace
engagements, information and intelligence sharing,
training, and exercises;
(iii) the United States Cyber Command
cyberspace operations with partners, including an
overview of the Hunt Forward mission and process;
(iv) the roles and responsibilities of the
United States Cyber Command, the geographic
combatant commands, and the Defense Security
Cooperation Agency for cybersecurity cooperation
within the Department of Defense; and
(v) such other matters as the Under
Secretaries, in coordination with the Commander of
United States Cyber Command, consider appropriate.
(4) Requirements.--The baseline familiarization training
developed under subsection (a) shall be a required element for
all participants in the Defense Security Cooperation University,
the Attache Training Program, and the Attache Staff Training
Program of the Joint Military Attache School.
(b) Report.--Not later than 180 days after the date of the enactment
of this Act, the Under Secretary of Defense for Intelligence and
Security and the Under Secretary of Defense for Policy, in coordination
with the Commander of the United States Cyber Command, the Director of
the Defense Security Cooperation Agency, and the Director of the Defense
Intelligence Agency, shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the requirements
and considerations to implement enhanced training and coordination to
advance cyberspace security cooperation with foreign
partners. <<NOTE: Study.>> The study may consider such areas as the
following:
[[Page 136 STAT. 2885]]
(1) Sufficiency of the training provided in the Defense
Security Cooperation University and the Joint Military Attache
School.
(2) Additional training requirements, familiarization
requirements, or both such requirements necessary for officers
assigned to particular locations or positions.
(3) Areas for increased cooperation.
(4) <<NOTE: Plan.>> A plan for completing the activities
required by subsection (a).
(5) Additional resources required to complete such
activities.
(c) Briefing.--Not later than 30 days after the date on which the
Under Secretary of Defense for Intelligence and Security and the Under
Secretary of Defense for Policy submit the report under subsection (b),
the Under Secretaries, in coordination with the Commander of the United
States Cyber Command, the Director of the Defense Security Cooperation
Agency, and the Director of the Defense Intelligence Agency, shall
provide to the Committees on Armed Services of the Senate and the House
of Representatives a briefing on the findings from the report on
enhancing training and coordination to advance cyberspace security
cooperation described in such subsection. <<NOTE: Plan. Updates.>> Such
briefing shall include a discussion on the enhanced training meeting the
elements under subsection (a)(3) and a plan for future updates and
sustainment of such training.
SEC. 1508. <<NOTE: 10 USC 333 note.>> MILITARY CYBERSECURITY
COOPERATION WITH HASHEMITE KINGDOM OF
JORDAN.
(a) <<NOTE: Deadline.>> Requirement.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense, acting
through the Under Secretary of Defense for Policy, in concurrence with
the Secretary of State and in coordination with the Commander of the
United States Cyber Command and the Commander of the United States
Central Command, shall seek to engage the Ministry of Defense of the
Hashemite Kingdom of Jordan for the purpose of expanding cooperation of
military cybersecurity activities.
(b) Cooperation Efforts.--In expanding the cooperation of military
cybersecurity activities between the Department of Defense and the
Ministry of Defense of the Hashemite Kingdom of Jordan under subsection
(a), the Secretary of Defense may carry out the following efforts:
(1) Bilateral cybersecurity training activities and
exercises.
(2) Efforts to--
(A) actively defend military networks,
infrastructure, and systems;
(B) eradicate malicious cyber activity that has
compromised those networks, infrastructure, and systems;
and
(C) leverage United States commercial and military
cybersecurity technology and services to harden and
defend those networks, infrastructure, and systems.
(3) Establishment of a regional cybersecurity center.
(c) Briefings.--
(1) <<NOTE: Deadline.>> Requirement.--Not later than 180
days after the date of the enactment of this Act, the Secretary
of Defense, in coordination with the Secretary of State, shall
provide to the appropriate congressional committees a briefing
on the implementation of this section.
[[Page 136 STAT. 2886]]
(2) Contents.--The briefing under paragraph (1) shall
include the following:
(A) An overview of efforts undertaken pursuant to
this section.
(B) A description of the feasibility and
advisability of expanding the cooperation of military
cybersecurity activities between the Department of
Defense and the Ministry of Defense of the Hashemite
Kingdom of Jordan.
(C) Identification of any challenges and resources
that need to be addressed so as to expand such
cooperation.
(D) Any other matter the Secretary determines
relevant.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1509. <<NOTE: 10 USC 167b note.>> MANAGEMENT AND OVERSIGHT
OF JOINT CYBER WARFIGHTING ARCHITECTURE.
(a) Establishment of Offices.--
(1) Requirement.--The Secretary of Defense, in consultation
with the Commander of the United States Cyber Command, shall
establish within the United States Cyber Command--
(A) a program executive office; and
(B) one or more subordinate program management
offices under the program executive office.
(2) Responsibilities.--The offices established pursuant to
paragraph (1) shall--
(A) oversee, manage, and execute the Joint Cyber
Warfighting Architecture;
(B) oversee, manage, and execute the programs
designated, or to be designated, as part of the Joint
Cyber Warfighting Architecture;
(C) conduct mission engineering, architecting, and
design of the Joint Cyber Warfighting Architecture
system of systems, and any successor effort;
(D) maintain a validated Joint Cyber Warfighting
Architecture system of systems mission architecture,
updated regularly to inform the current and future
constituent programs of the Joint Cyber Warfighting
Architecture, and the continuous delivery pipelines of
such programs;
(E) ensure that the Joint Cyber Warfighting
Architecture component solution architectures align with
and support the Joint Cyber Warfighting Architecture
system of systems mission architecture;
(F) support integration of mission-specific
capabilities, including mission-specific data,
analytics, defensive tools, offensive tools, and
intelligence systems, acquired through non-Joint Cyber
Warfighting Architecture programs; and
(G) carry out any other responsibilities determined
appropriate by the Secretary of Defense, including the
acquisition of cyber operations capabilities beyond the
Joint Cyber Warfighting Architecture.
[[Page 136 STAT. 2887]]
(3) Apportionment of responsibilities.--The Commander shall
apportion the responsibilities under paragraph (2) across the
offices established pursuant to paragraph (1).
(4) Authority.--The Secretary shall ensure that the offices
established pursuant to paragraph (1) are empowered with the
authority necessary to compel and enforce compliance with
decisions and directives issued pursuant to the responsibilities
under paragraph (2).
(b) Architecture Components.--The Commander shall serve as the sole
sponsor and requirements manager for the Joint Cyber Warfighting
Architecture and the constituent programs of such architecture, as
determined by the Commander.
(c) Organization of Program Executive Office.--
(1) Head.--
(A) Reporting.--The head of the program executive
office established under subsection (a)(1)(A) shall
report to the Command Acquisition Executive of the
United States Cyber Command.
(B) Additional oversight.--In addition to the
oversight of the head of the program executive office
provided by the Command Acquisition Executive under
subparagraph (A), the Under Secretary of Defense for
Acquisition and Sustainment, the Under Secretary of
Defense for Research and Engineering, and the Principal
Cyber Advisor of the Department of Defense shall provide
oversight of the head.
(2) Responsibilities.--The head of the program executive
office shall--
(A) exercise central technical authority for the
Joint Cyber Warfighting Architecture;
(B) manage and provide oversight of the
implementation and integration of the Architecture; and
(C) provide direction to subordinate program
offices, as determined appropriate by the Commander.
(d) Personnel.--
(1) Necessary positions.--The Commander of the United States
Cyber Command shall ensure that the program executive office or
any subordinate program management office established pursuant
to subsection (a)(1) includes in the staff of the respective
office a chief architect, a systems engineer, and a chief talent
officer to--
(A) develop a mission-driven Joint Cyber Warfighting
Architecture optimized for execution of missions of the
United States Cyber Command;
(B) ensure the office is properly and effectively
staffed; and
(C) advise the head of the office with respect to
the execution of--
(i) the central technical authority for the
Joint Cyber Warfighting Architecture;
(ii) the management of the implementation and
integration of the Joint Cyber Warfighting
Architecture; and
(iii) technical direction provided to
subordinates responsible for individual Joint
Cyber Warfighting Architecture programs.
(2) Staffing.--
[[Page 136 STAT. 2888]]
(A) In general.--The Secretary of Defense, in
coordination with the Commander of the United States
Cyber Command, shall ensure that the offices established
pursuant to subsection (a)(1) are appropriately staffed
with expert talent, including from the following
organizations, as appropriate:
(i) The headquarters staff of the United
States Cyber Command, the Cyber National Mission
Force, the Joint Force Headquarters-Cyber, and the
Cyber Mission Force.
(ii) The Capabilities Directorate of the
National Security Agency.
(iii) The military departments.
(iv) The Cyber Capabilities Support Office of
the Air Force.
(v) The Defense Advanced Research Projects
Agency.
(vi) The Strategic Capabilities Office.
(vii) Research laboratories of the military
departments.
(viii) The Defense Information Systems Agency.
(B) Technical talent.--In addition to the
requirement under subparagraph (A), to support the
permanent staffing of the offices established pursuant
to subsection (a)(1), the Commander of the United States
Cyber Command shall ensure that the offices deliberately
hire and use technical talent resident in the defense
industrial base, commercial technology industry,
federally funded research and development centers,
university affiliated research centers, and the rest of
the Federal Government.
(e) Budget Execution Control.--The Secretary shall provide to the
United States Cyber Command the resources necessary to support the
program executive office established under subsection (a)(1)(A) and the
Commander of the United States Cyber Command shall exercise budget
execution control over component programs of the Joint Cyber Warfighting
Architecture that are subject to the responsibilities assigned to the
Commander by section 1507 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 167b note).
(f) <<NOTE: Plan.>> Constellation Program.--The Director of the
Defense Advanced Research Projects Agency and the head of the program
executive office established under subsection (a)(1)(A) shall plan and
carry out the Constellation program by entering into transactions under
section 4021 of title 10, United States Code. In carrying out the
preceding sentence, the Secretary shall establish an effective framework
and pipeline system for maturing cyber operations-relevant technologies
developed by the Agency, integrating the technologies into Joint Cyber
Warfighting Architecture capabilities, and transitioning the
technologies into operational use by the United States Cyber Command.
(g) <<NOTE: Deadlines.>> Transition.--The Secretary of Defense, in
coordination with the Commander of the United States Cyber Command,
shall transition responsibilities for the management and execution of
Joint Cyber Warfighting Architecture programs from the military
departments to the offices established pursuant to subsection (a)(1) by
the earlier of the following:
(1) The date on which--
[[Page 136 STAT. 2889]]
(A) the offices are appropriately staffed and
resourced; and
(B) <<NOTE: Determination.>> the Commander
determines that the transition is appropriate.
(2) The date that is five years after the date of the
enactment of this Act.
(h) <<NOTE: Deadline. Determination.>> Review.--Not later than one
year after the date of the enactment of this Act, the Under Secretary of
Defense for Acquisition and Sustainment and the Commander of the United
States Cyber Command, in coordination with the Under Secretary of
Defense for Research and Engineering, the Principal Cyber Advisor of the
Department of Defense, the Secretaries of the military departments, the
Director of the Defense Advanced Research Projects Agency, and the
Director of the National Security Agency, shall submit to the
congressional defense committees an integrated review of the Joint Cyber
Warfighting Architecture and all other capabilities required for the
execution of the missions of the United States Cyber Command to
determine the following:
(1) The extent to which capabilities of the United States
Cyber Command and the National Security Agency should be joint,
mutually available, integrated, or interoperable.
(2) Whether each of the Joint Cyber Warfighting Architecture
capabilities has been effectively designed and architected to
enable each of the missions of the United States Cyber Command.
(3) How the Joint Cyber Warfighting Architecture will
support defense of the Department of Defense Information Network
and its relation to existing datasets, sensors, tools,
firewalls, and capabilities deployed at each echelon of the
Department of Defense Information Network.
(4) What data, capabilities, and technologies external to
the current Joint Cyber Warfighting Architecture programs, as of
the date of the review, should be acquired as part of the Joint
Cyber Warfighting Architecture and under the control of the
offices established pursuant to subsection (a)(1).
(5) What mission-specific data, capabilities, and
technologies external to the current Joint Cyber Warfighting
Architecture programs should integrate with or be interoperable
with the Joint Cyber Warfighting Architecture system of systems.
(6) The organization and staffing of such offices,
including--
(A) whether the program executive office should be
responsible for overseeing the acquisition of the cyber
operations capabilities of the United States Cyber
Command generally or the Joint Cyber Warfighting
Architecture specifically;
(B) what subordinate program management offices
should be established under the program executive
office;
(C) whether the Joint Cyber Warfighting Architecture
programs should be consolidated within a single program
management office; and
(D) which personnel should be appointed to such
offices pursuant to subsection (d)(1).
(7) <<NOTE: Timeline.>> The timeline for the execution of
the transition under subsection (g).
[[Page 136 STAT. 2890]]
(8) <<NOTE: Contracts.>> The acquisition strategy of the
Department for procuring the Joint Cyber Warfighting
Architecture and related capabilities, including relevant
enterprise strategic initiatives and contracting strategies.
(9) The responsibilities of the United States Cyber Command
J2, J3, J5, J6, J8, and J9 in acquiring, authorizing, and
managing cyber capabilities.
(10) The physical locations of the offices established
pursuant to subsection (a)(1).
(i) <<NOTE: Deadline.>> Briefing Required.--Not later than 540 days
after the date of the enactment of this Act, the Under Secretary of
Defense for Acquisition and Sustainment and the Commander of the United
States Cyber Command shall jointly provide to the congressional defense
committees a briefing on the status of the implementation of this
section.
(j) Repeal.--Section 1645 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 4571 note prec.) is
repealed.
(k) Joint Cyber Warfighting Architecture Defined.--In this section,
the term ``Joint Cyber Warfighting Architecture'' means the range of
joint cyber warfighting systems and capabilities that support the full
spectrum of military cyber operations, as designated by the Commander of
the United States Cyber Command, and includes any such successor effort.
SEC. 1510. <<NOTE: 10 USC 113 note.>> INTEGRATED NON-KINETIC
FORCE DEVELOPMENT.
(a) Force Development.--
(1) In general.--The Secretary of Defense shall establish
forces, capabilities, and information support to enable the
delivery of non-kinetic effects that provide increased
survivability and effectiveness of military forces within a
defense planning scenario.
(2) Force planning.--To support the development of the
forces, capabilities, and information support under paragraph
(1), the Secretary shall establish a force planning activity to
identify and define the relevant forces, capabilities, and
information support required to develop and deliver non-kinetic
effects within a defense planning scenario. The Secretary shall
ensure that the force planning activity identifies--
(A) desired operational effects within such
scenario;
(B) the gaps that limit the ability to access
important targets, the development of capabilities, the
conduct of mission planning, and the execution of
operations to deliver such effects;
(C) the collection systems, analytic expertise and
capacity, analytic tools and processes, foreign
materiel, and product lines required to support
development and delivery of such effects;
(D) the forces required to deliver such effects,
including associated doctrine, training, expertise,
organization, authorities, and command and control
arrangements; and
(E) the cyber, electronic warfare, sensing, and
communications capabilities, and delivery platforms and
mechanisms, required to achieve such effects and the
extent to which such capabilities, platforms, and
mechanisms should be integrated with each other.
[[Page 136 STAT. 2891]]
(3) <<NOTE: Time period.>> Initial organization
structure.--During an initial period of not less than 24 months,
the Under Secretary of Defense for Research and Engineering
shall organize the force planning activity established under
paragraph (2). <<NOTE: Designation.>> The Under Secretary shall
designate a planning official from the Office of the Under
Secretary for Research and Engineering to lead development and
execution of the force planning activity, in coordination with
staff designated by the Director of the Joint Staff of the Joint
Chiefs of Staff. The designated planning official shall select a
lead technical director. After such initial period, the
Secretary may re-assign the force planning activity to another
organization under different leadership.
(4) <<NOTE: Deadline.>> Plan for follow-on activities.--Not
later than 270 days after the date of the enactment of this Act,
the Secretary shall submit to the congressional defense
committees a plan for follow-on activities regarding the
delivery of non-kinetic effects described in paragraph (1). The
Secretary shall ensure the plan--
(A) includes the identification of dedicated
resources to be controlled by the designated planning
official described in paragraph (3) and an approach
under which the planning official apportions such
resources across the Department of Defense to establish,
augment, and accelerate new and ongoing activities
described in paragraph (1) and subsections (b), (c), and
(d); and
(B) identifies--
(i) a dedicated program element for non-
kinetic force development;
(ii) the suitability of the mission management
authorities established through the pilot program
under section 871 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law
117-81; 10 U.S.C. 191 note);
(iii) the utility of using joint capability
technology demonstrations to drive prototyping,
experimentation, and technical integration of non-
kinetic capabilities;
(iv) how the Rapid Defense Experimentation
Reserve might drive prototyping, experimentation,
and technical integration of non-kinetic
capabilities; and
(v) alignment with other experimentation
activities with the appropriate combatant
commands.
(5) <<NOTE: Updates. Recommenda- tions. Time
period.>> Implementation.--During the initial period specified
in paragraph (3), the designated planning official described in
such paragraph shall report directly to the Deputy Secretary of
Defense, to whom the official shall provide updates and
recommendations not less frequently than quarterly. The
Secretary shall ensure that the force planning activity
established under paragraph (2) is supported by representatives
from the military services, relevant combatant commands, the
Strategic Capabilities Office, the Defense Advanced Research
Projects Agency, and other elements within the Department of
Defense, as appropriate.
(b) Forces.--In order to generate the forces identified in
subsection (a)(2)(D), the Secretary of Defense shall--
(1) through the Secretaries of the military departments and
the heads of other Department of Defense components,
[[Page 136 STAT. 2892]]
as appropriate, establish appropriate forces and accompanying
doctrine, training, and tradecraft;
(2) acting through the Vice Chairman of the Joint Chiefs of
Staff, serving as the Chairman of the Joint Requirements
Oversight Council, ensure that appropriate requirements exist to
guide the development and fielding of forces and means to
deliver non-kinetic effects within a defense planning scenario;
(3) through the Under Secretary of Defense for Policy, in
coordination with the Chairman of the Joint Chiefs of Staff and
the combatant commands, establish appropriate command and
control structures and relationships governing such forces; and
(4) <<NOTE: Determination.>> determine the appropriate
responsibilities of--
(A) Cyber Mission Force of the United States Cyber
Command;
(B) cyber, electronic warfare, and space forces
provided to other combatant commands; and
(C) other operational entities within the Department
of Defense in delivering non-kinetic effects.
(c) Capabilities.--In order to develop the capabilities identified
in subsection (a)(2)(E), the Secretary of Defense, acting through the
Director of the Defense Advanced Research Projects Agency, the Director
of the Strategic Capabilities Office, the Secretaries of the military
departments, and the heads of other elements of the Department of
Defense, shall develop the capabilities required for the delivery of
non-kinetic effects within a defense planning scenario.
(d) Policy.--The Secretary of Defense, acting through the Under
Secretary of Defense for Policy and in coordination with the Chairman of
the Joint Chiefs of Staff, shall develop policy governing the delivery
of non-kinetic effects within a defense planning scenario.
(e) <<NOTE: Deadline.>> Briefing.--Not later than one year after the
date of the enactment of this Act, the Secretary of Defense shall
provide to the congressional defense committees a briefing on the status
of the implementation of this section.
(f) Non-kinetic Effects Defined.--In this section, the term ``non-
kinetic effects'' means effects achieved through radio-frequency
transmission of integrated cyber and electronic warfare techniques and
other related and supporting technical measures.
SEC. <<NOTE: 10 USC 394 note.>> 1511. PROTECTION OF CRITICAL
INFRASTRUCTURE.
(a) <<NOTE: President. Determination.>> In General.--In the event
that the President determines that there is an active, systematic, and
ongoing campaign of attacks in cyberspace by a foreign power against the
Government or the critical infrastructure of the United States, the
President may authorize the Secretary of Defense, acting through the
Commander of the United States Cyber Command, to conduct military cyber
activities or operations pursuant to section 394 of title 10, United
States Code, in foreign cyberspace to deter, safeguard, or defend
against such attacks.
(b) Affirmation of Scope of Cyber Activities or Operations.--
Congress affirms that the cyber activities or operations referred to in
subsection (a), when appropriately authorized, shall be conducted
consistent with section 394 of title 10, United States Code.
[[Page 136 STAT. 2893]]
(c) Definition of Critical Infrastructure.--In this section, the
term ``critical infrastructure'' has the meaning given that term in
subsection (e) of the Critical Infrastructure Protection Act of 2001 (42
U.S.C. 5195c(e)).
SEC. 1512. <<NOTE: 10 USC 221 note.>> BUDGET DISPLAY FOR
CRYPTOGRAPHIC MODERNIZATION ACTIVITIES
FOR CERTAIN SYSTEMS OF THE DEPARTMENT OF
DEFENSE.
(a) <<NOTE: Effective date. Time periods.>> Display Required.--
Beginning with fiscal year 2024, and for each fiscal year thereafter,
the Secretary of Defense shall include with the budget justification
materials submitted to Congress in support of the budget of the
Department of Defense for that fiscal year (as submitted with the budget
of the President under section 1105(a) of title 31, United States Code)
a consolidated cryptographic modernization budget justification display
for each Department of Defense system or asset that is protected by
cryptography and subject to certification by the National Security
Agency (in this section, referred to as ``covered items'').
(b) Elements.--Each display included under subsection (a) for a
fiscal year shall include the following:
(1) Cryptographic modernization activities.--(A) Whether, in
accordance with the schedule established under section 153(a) of
the William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 142
note), the cryptographic modernization for each covered item is
pending, in progress, complete, or, pursuant to paragraph (2) of
such section, extended.
(B) The funding required for the covered fiscal year and for
each subsequent fiscal year of the Future Years Defense Program
to complete the pending or in progress cryptographic
modernization by the required replacement date of each covered
item.
(C)(i) A description of deviations between the funding
annually required to complete the modernization prior to the
required replacement date and the funding requested and planned
within the Future Years Defense Program.
(ii) An explanation--
(I) justifying the deviations; and
(II) of whether or how any delays resulting from a
deviation shall be overcome to meet the required
replacement date.
(D) A description of operational or security risks resulting
from each deviation from the modernization schedule required to
meet replacement dates, including a current intelligence
assessment of adversary progress on exploiting the covered item.
(E) For any covered item that remains in service past its
required replacement date, a description of the number of times
the covered item has been extended and the circumstances
attending each such extension.
(2) Mitigation activities for covered items.--(A) Whether
activities to mitigate the risks associated with projected
failure to replace a covered item by the required replacement
date are planned, in progress, or complete.
(B) The funding required for the covered fiscal year and for
each subsequent fiscal year for required mitigation activities
[[Page 136 STAT. 2894]]
to complete any planned, pending, or in progress mitigation
activities for a covered item.
(C) A description of the activities planned in the covered
fiscal year and each subsequent fiscal year to complete
mitigation activities and an explanation of the efficacy of the
mitigations.
(c) Form.--The display required by subsection (a) shall be included
in unclassified form, but may include a classified annex.
SEC. 1513. <<NOTE: 10 USC 4001 note.>> ESTABLISHING PROJECTS FOR
DATA MANAGEMENT, ARTIFICIAL
INTELLIGENCE, AND DIGITAL SOLUTIONS.
(a) Establishment of Priority Projects.--The Deputy Secretary of
Defense shall--
(1) establish priority enterprise projects for data
management, artificial intelligence, and digital solutions for
both business efficiency and warfighting capabilities intended
to accelerate decision advantage; and
(2) assign responsibilities for execution and funding of the
projects established under paragraph (1).
(b) Actions Required.--To ensure implementation of the priority
projects of the Deputy Secretary of Defense under subsection (a), and to
instill data science and technology as a core discipline in the
Department of Defense, the Deputy Secretary shall--
(1) hold the heads of components accountable for--
(A) making their component's data available for use
pursuant to the memorandum of the Deputy Secretary of
Defense dated May 5, 2021, and titled ``Creating Data
Advantage'', in accordance with plans developed and
approved by the head of the component and the Deputy
Secretary;
(B) developing, implementing, and reporting
measurable actions to acquire, preserve, and grow the
population of government and contractor personnel with
expertise in data management, artificial intelligence,
and digital solutions;
(C) making their components use data management
practices, analytics processes, enterprise cloud
computing environments, and operational test
environments that are made available and specifically
approved by the head of the component and the Deputy
Secretary;
(D) identifying and reporting on an annual basis for
Deputy Secretary approval those ongoing programs and
activities and new initiatives within their components
to which the component head determines should be applied
advanced analytics, digital technology, and artificial
intelligence; and
(E) developing and implementing cybersecurity and
artificial intelligence security solutions, including
preventative and mitigative technical solutions, red
team assessments, to protect artificial intelligence
systems, data, development processes, and applications
from adversary actions;
(2) require the Chief Digital and Artificial Intelligence
Officer, in coordination with the heads of components, to
develop and report on an actionable plan for the Deputy
Secretary to reform the technologies, policies, and processes
used to support accreditation and authority to operate decisions
to
[[Page 136 STAT. 2895]]
enable rapid deployment into operational environments of newly
developed government, contractor, and commercial data
management, artificial intelligence, and digital solutions
software;
(3) require the Under Secretary of Defense for Personnel and
Readiness, in coordination with the Chief Digital and Artificial
Intelligence Officer and heads of components to define and
establish career paths, work roles, and occupational specialties
for civilian and military personnel in the fields of data
management, artificial intelligence, and digital solutions for
the Deputy Secretary's approval; and
(4) establish a Departmental management reform goal for
adoption and integration artificial intelligence or machine
learning into business and warfighting processes, including the
tracking of metrics, milestones, and initiatives to measure the
progress of the Department in meeting that goal.
(c) <<NOTE: Deadline. Termination date.>> Briefings Required.--Not
later than 180 days after the date of the enactment of this Act, and
annually thereafter until December 31, 2025, the Deputy Secretary shall
provide to the congressional defense committees a briefing on directives
issued by the Deputy Secretary to implement the requirements of this
section and the status of implementation actions.
(d) Component Defined.--In this section, the term ``component''
means a military department, a combatant command, or a Defense Agency of
the Department of Defense.
SEC. 1514. <<NOTE: 10 USC 2224 note.>> OPERATIONAL TESTING FOR
COMMERCIAL CYBERSECURITY CAPABILITIES.
(a) <<NOTE: Deadline.>> Development and Submission of Plans.--Not
later than February 1, 2024, the Chief Information Officer of the
Department of Defense and the Chief Information Officers of the military
departments shall develop and submit plans described in subsection (b)
to the Director of Operational Test and Evaluation who may approve the
implementation of the plans pursuant to subsection (c).
(b) Plans Described.--The plans described in this subsection are
plans that--
(1) ensure covered cybersecurity capabilities are
appropriately tested, evaluated, and proven operationally
effective, suitable, and survivable prior to operation on a
Department of Defense network; and
(2) specify how test results will be expeditiously provided
to the Director of Operational Test and Evaluation.
(c) Assessment.--In reviewing the plans submitted under subsection
(a), the Director of Operational Test and Evaluation shall conduct an
assessment that includes consideration of the following:
(1) Threat-realistic operational testing, including
representative environments, variation of operational
conditions, and inclusion of a realistic opposing force.
(2) The use of Department of Defense cyber red teams, as
well as any enabling contract language required to permit
threat-representative red team assessments.
(3) Collaboration with the personnel using the commercial
cybersecurity capability regarding the results of the testing to
improve operators' ability to recognize and defend against
cyberattacks.
[[Page 136 STAT. 2896]]
(4) The extent to which additional resources may be needed
to remediate any shortfalls in capability to make the commercial
cybersecurity capability effective, suitable, and cyber
survivable in an operational environment of the Department.
(5) Identification of training requirements, and changes to
training, sustainment practices, or concepts of operation or
employment that may be needed to ensure the effectiveness,
suitability, and cyber survivability of the commercial
cybersecurity capability.
(d) <<NOTE: Deadline. Guidance.>> Policies and Regulations.--Not
later than February 1, 2024, the Secretary of Defense shall issue such
policies and guidance and prescribe such regulations as the Secretary
determines necessary to carry out this section.
(e) <<NOTE: Termination date.>> Reports.--Not later than January
31, 2025, and not less frequently than annually thereafter until January
31, 2030, the Director shall include in each annual report required by
section 139(h) of title 10, United States Code, the following:
(1) The status of the plans developed under subsection (a).
(2) The number and type of test and evaluation events
completed in the past year for such plans, disaggregated by
component of the Department, and including resources devoted to
each event.
(3) The results from such test and evaluation events,
including any resource shortfalls affecting the number of
commercial cybersecurity capabilities that could be assessed.
(4) <<NOTE: Summary.>> A summary of identified categories
of common gaps and shortfalls found during testing.
(5) The extent to which entities responsible for developing
and testing commercial cybersecurity capabilities have responded
to recommendations made by the Director in an effort to gain
favorable determinations.
(6) Any identified lessons learned that would impact
training, sustainment, or concepts of operation or employment
decisions relating to the assessed commercial cybersecurity
capabilities.
(f) Definition.--In this section, the term ``covered cybersecurity
capabilities'' means any of the following:
(1) Commercial products (as defined in section 103 of title
41, United States Code) acquired and deployed by the Department
of Defense to satisfy the cybersecurity requirements of one or
more Department components.
(2) Commercially available off-the-shelf items (as defined
in section 104 of title 41, United States Code) acquired and
deployed by the Department of Defense to satisfy the
cybersecurity requirements of one or more Department components.
(3) Noncommercial items acquired through the Adaptive
Acquisition Framework and deployed by the Department of Defense
to satisfy the cybersecurity requirements of one or more
Department components.
[[Page 136 STAT. 2897]]
Subtitle B--Information Operations
SEC. 1521. REQUIREMENT TO NOTIFY CHIEF OF MISSION OF MILITARY
OPERATION IN THE INFORMATION
ENVIRONMENT.
Chapter 19 of title 10, United States Code, as amended by section
1551, <<NOTE: 10 USC prec. 391.>> is further amended by adding at the
end the following new section (and conforming the table of sections at
the beginning of such chapter accordingly):
``Sec. 399. <<NOTE: 10 USC 399.>> Notifications relating to
military operations in the information
environment: requirement to notify Chief of
Mission
``The Secretary may not authorize a military operation in the
information environment under this title intended to cause an effect in
a country unless the Secretary fully informs the chief of mission for
that country under section 207 of the Foreign Service Act of 1980 (22
U.S.C. 3927) of the planned operation.''.
SEC. 1522. <<NOTE: Deadlines. 10 USC 397 note.>> ASSESSMENT AND
OPTIMIZATION OF DEPARTMENT OF DEFENSE
INFORMATION AND INFLUENCE OPERATIONS
CONDUCTED THROUGH CYBERSPACE.
(a) Assessment and Plan.--Not later than 90 days after the date of
the enactment of this Act, the Principal Information Operations Advisor
and the Principal Cyber Advisor to the Secretary of Defense shall
complete both an assessment and an optimization plan for information and
influence operations conducted through cyberspace.
(b) Elements.--The assessment under subsection (a) shall include the
following:
(1) <<NOTE: Inventory.>> An inventory of the components of
the Department of Defense conducting information and influence
operations conducted through cyberspace.
(2) <<NOTE: Examination.>> An examination of sufficiency of
resources allocated for information and influence operations
conducted through cyberspace.
(3) <<NOTE: Evaluation.>> An evaluation of the command and
control, oversight, and management of matters related to
information and influence operations conducted through
cyberspace across the Office of the Secretary of Defense and the
Joint Staff.
(4) <<NOTE: Evaluation.>> An evaluation of the existing
execution, coordination, synchronization, deconfliction, and
consultative procedures and mechanisms for information and
influence operations conducted through cyberspace.
(5) Any other matters determined relevant by the Principal
Information Operations Advisor and the Principal Cyber Advisor
to the Secretary of Defense.
(c) Optimization Plan.--The optimization plan under subsection (a)
shall include the following:
(1) Actions that the Department will implement to improve
the execution, coordination, synchronization, deconfliction, and
consultative procedures and mechanisms for information and
influence operations conducted through cyberspace.
(2) <<NOTE: Evaluation.>> An evaluation of potential
organizational changes required to optimize information and
influence operations conducted through cyberspace.
[[Page 136 STAT. 2898]]
(3) Any other matters determined relevant by the Principal
Information Operations Advisor and the Principal Cyber Advisor
to the Secretary of Defense.
(d) Briefings.--Not later than 30 days after completing the
assessment and optimization plan under subsection (a), the Principal
Information Operations Advisor and the Principal Cyber Advisor to the
Secretary of Defense shall provide to the congressional defense
committees a briefing on the assessment and plan.
(e) Implementation.--Not later than 180 days after the date on which
the briefing is provided under subsection (d), the Secretary of Defense
shall implement the optimization plan under subsection (a).
SEC. 1523. <<NOTE: 10 USC note prec. 2001.>> JOINT INFORMATION
OPERATIONS COURSE.
(a) Joint Information Operations Course.--The Secretary of Defense
shall develop and provide to members of the Army, Navy, Air Force,
Marine Corps, and Space Force a course to prepare the members to plan
and conduct information operations in a joint environment pursuant to
title 10, United States Code. Such course shall include--
(1) <<NOTE: Procedures.>> standardized qualifications and
procedures to enable the joint and synchronized employment of
information-related capabilities in the information environment;
(2) joint methods to implement information operations in a
battlefield environment under any ground force chain of command;
and
(3) a curriculum covering applicable assets, core
information operations concepts, integration of effects with a
specific focus on information-related effects, operational
methodology, multi-dimensional targeting space, other
information-related capabilities defined by governing policy,
instruction, publications, and doctrine, and any other topics or
areas determined necessary by the Secretary.
(b) Consideration of Ongoing Efforts.--The Secretary shall ensure
that the course under subsection (a) is developed in light of the
information operations posture review, gap analysis, strategy update,
and designation of a Joint Force Trainer, occurring as of the date of
the enactment of this Act.
(c) <<NOTE: Termination date.>> Semiannual Reports.--Subsequent to
the development of the course under subsection (a), on a semiannual
basis through January 1, 2028, the Secretary shall submit to the
congressional defense committees a report on the course. Each report
shall include, with respect to the period covered by the report--
(1) the number of members described in subsection (a) who
attended the course; and
(2) <<NOTE: Assessment.>> an assessment of the value of the
course in--
(A) conducting joint operations in the information
environment; and
(B) the synchronized employment of information-
related capabilities in the information environment.
SEC. 1524. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS UNTIL
SUBMISSION OF JOINT LEXICON FOR TERMS
RELATED TO INFORMATION OPERATIONS.
Of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2023 for operation and maintenance,
Defense-wide, and available for the Office of the Secretary of Defense
for the travel of persons, not more than 75
[[Page 136 STAT. 2899]]
percent may be obligated or expended until the date on which the
Secretary submits to the Committees on Armed Services of the House of
Representatives and the Senate the joint lexicon for terms related to
information operations required by section 1631(g)(1)(D) of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10
U.S.C. 397 note).
SEC. 1525. LIMITATION ON AVAILABILITY OF FUNDS PENDING SUBMITTAL
OF INFORMATION OPERATIONS STRATEGY AND
POSTURE REVIEW.
Of <<NOTE: Effective date.>> the funds authorized to be
appropriated by this Act or otherwise made available for fiscal year
2023 for operation and maintenance, Defense-wide, for the Office of the
Secretary of Defense for the travel of persons, not more than 75 percent
may be obligated or expended until the date that is 15 days after the
date on which the Secretary of Defense submits to the Committees on
Armed Services of the Senate and the House of Representatives the
information operations strategy and posture review, including the
designation of Information Operations Force Providers and Information
Operations Joint Force Trainers for the Department of Defense, as
required by section 1631(g) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 397 note).
SEC. 1526. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS UNTIL
SUBMISSION OF ASSESSMENTS RELATING TO
CYBERSECURITY OF THE DEFENSE INDUSTRIAL
BASE.
(a) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2023 for operation and
maintenance, Defense-wide, and available for the Office of the Secretary
of Defense, not more than 75 percent may be obligated or expended until
the Deputy Secretary of Defense--
(1) conducts the assessments under subsection (b); and
(2) provides to the congressional defense committees the
briefing under subsection (c).
(b) Assessments.--The Deputy Secretary shall conduct the following
assessments:
(1) <<NOTE: Determination.>> An assessment of the framework
for cybersecurity of the defense industrial base required by
section 1648 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2224 note) to
determine whether--
(A) the current framework and plans for defense
industrial base cybersecurity are sufficient; and
(B) alternative or additional courses of action
should be considered or adopted, including--
(i) establishing a secure software development
environment in a cloud environment inside the
cybersecurity perimeter of the Department for
contractors to perform their development work;
(ii) establishing a secure cloud environment
through which contractors may access the data of
the Department needed for their contract work;
(iii) enabling contractors to access
cybersecurity-as-a-service offerings, including
cybersecurity services provided by the Department;
(iv) limiting the amount of program
information held at tiers of subcontractors to
that which is necessary for contract performance;
and
[[Page 136 STAT. 2900]]
(v) mechanisms and processes to rationalize
and integrate the many separately managed defense
industrial base cybersecurity programs and
activities conducted across the Department of
Defense.
(2) An assessment of past and future planned activities of
the Department of Defense in furtherance of section 1724 of the
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 2224),
including a detailed review of roles and responsibilities, and
supporting instructions and policy documents, for the Principal
Cyber Advisor of the Department of Defense, the Chief
Information Officer of the Department of Defense, the Under
Secretary of Defense for Acquisition and Sustainment, the Under
Secretary of Defense for Policy, and the Under Secretary of
Defense for Intelligence and Security, and the Under Secretary
of Defense (Comptroller).
(c) Briefing.--The Deputy Secretary shall provide to the
congressional defense committees a briefing on the assessments conducted
under subsection (b) and any decisions of and directions by the Deputy
Secretary for improving the cybersecurity of the defense industrial
base.
Subtitle C--Personnel
SEC. 1531. CYBER OPERATIONS-PECULIAR AWARDS.
Chapter 57 of title 10, United States Code, <<NOTE: 10 USC prec.
1121.>> is amended by inserting after section 1124 the following new
section:
``Sec. 1124a. <<NOTE: 10 USC 1124a.>> Cyber operations-peculiar
awards
``(a) Authority.--The Secretary of Defense and the Secretaries of
the military departments may authorize the payment of a cash award to,
and incur necessary expense for the honorary recognition of, a member of
the covered armed forces whose novel actions, invention, or technical
achievement enables or ensures operational outcomes in or through
cyberspace against threats to national security.
``(b) Actions During Service.--An award under this section may be
paid notwithstanding the member's death, separation, or retirement from
the covered armed forces. However, the novel action, invention, or
technical achievement forming the basis for the award must have been
made while the member was on active duty or in an active reserve status
and not otherwise eligible for an award under chapter 45 of title 5.
``(c) Payment.--Awards to, and expenses for the honorary recognition
of, members of the covered armed forces under this section may be paid
from--
``(1) the funds or appropriations available to the activity
primarily benefiting from the novel action, invention, or
technical achievement; or
``(2) the several funds or appropriations of the various
activities benefiting from the novel action, invention, or
technical achievement.
``(d) Amounts.--The total amount of the award, or awards, made under
this section for a novel action, invention, or technical achievement may
not exceed $2,500, regardless of the number of persons who may be
entitled to share therein.
[[Page 136 STAT. 2901]]
``(e) Regulations.--Awards under this section shall be made under
regulations to be prescribed by the Secretary of Defense or by the
Secretaries of the military departments.
``(f) Covered Armed Forces Defined.--In this section, the term
`covered armed forces' means the Army, Navy, Air Force, Marine Corps,
and Space Force.''.
SEC. 1532. <<NOTE: Deadlines. 10 USC 8013 note.>> ESTABLISHMENT
OF CYBER OPERATIONS DESIGNATOR AND
RATING FOR THE NAVY.
(a) Military Career Field.--
(1) Officers.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Navy, in
coordination with the Chief of Naval Operations, shall establish
a cyber warfare operations designator for officers (including an
intended billet base, functions, and training pipeline), which
shall be a separate designator from the cryptologic warfare
officer designator.
(2) Enlisted.--Not later than 90 days after the date of the
enactment of this Act, the Secretary, in coordination with the
Chief, shall establish a cyber warfare rating for enlisted
personnel (including an intended billet base, functions, and
training pipeline), which shall be a separate rating from the
cryptologic technician enlisted rating.
(3) Plan.--Not later than 90 days after the date of the
enactment of this Act, the Secretary, in coordination with the
Chief, shall submit to the Committees on Armed Services of the
House of Representatives and the Senate an implementation plan
to carry out paragraphs (1) and (2).
(b) Requirement.--
(1) Deadline.--Except as provided by paragraphs (2) and (3),
the Secretary shall ensure that, beginning October 1, 2025,
members of the Navy assigned to the cyber mission force shall be
qualified with either the designator or rating established under
subsection (a), as the case may be.
(2) Exception.--The requirement under paragraph (1) shall
not apply to--
(A) a member of the Navy who is assigned to the
cyber mission force under orders issued before October
1, 2025; or
(B) a position whose primary function is the
provision of intelligence, foreign language, or
administrative support to the cyber mission force.
(3) Waiver.--The Secretary may waive, on a case-by-case
basis, the requirement under paragraph (1), except that the
total number of such waivers made during a fiscal year may not
exceed 10 percent of the total number of members of the Navy
assigned to the cyber mission force (not counting members
assigned to a position described in paragraph (2)(B)).
(c) Reserve Matters.--Not later than 180 days after the date of the
enactment of this Act, the Secretary, in coordination with the Chief,
shall direct the Chief of Navy Reserve to establish, and retain, a cadre
of members of the Navy Reserve with the designator and rating
established under subsection (a).
(d) Officer Qualifications and Training.--The Secretary, in
coordination with the Chief of Naval Operations and in consultation with
the Commander of the United States Cyber Command, shall ensure that the
designator established under subsection (a)(1)
[[Page 136 STAT. 2902]]
includes the development and execution of a training curriculum and
qualification standards commensurate with those of the cyber officers of
the Army and the Air Force.
(e) <<NOTE: Briefing. Study.>> Community Management.--Not later
than 270 days after the date of the enactment of this Act, the
Secretary, acting through the Principal Cyber Advisor of the Navy, shall
submit to the congressional defense committees, and provide to such
committees a briefing on, the findings of a study on whether the
designator and rating established under subsection (a), along with the
Maritime Space Officer and the Cyberspace Warfare Engineer, should
continue to be considered part of the information warfare community.
(f) <<NOTE: Certification.>> Report.--Not later than one year after
the date of the enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the House of Representatives and Senate
a report certifying that the following actions have been carried out or
are in the process of being completed (including detailed explanations):
(1) An identification by the Chief of Naval Operations of
the resource manager within the Office of the Chief of Naval
Operations for the designator and rating established under
subsection (a).
(2) An identification by the Chief of the type command at
United States Fleet Forces Command responsible for manning and
training the designator and rating established under subsection
(a).
(3) <<NOTE: Inventory.>> An inventory of those billets
within the Cyber Mission Force, or any other service or joint
assignment that requires personnel (both officer and enlisted)
to conduct operations through cyberspace.
(4) <<NOTE: Inventory.>> An inventory and position
description of the those positions within the Cyber Mission
Force that have been identified under subsection (b)(2)(B).
(5) <<NOTE: Costs.>> A funding profile detailing the
complete costs associated with the designator and rating
established under subsection (a), including costs associated
with meeting the training requirements of the United States
Cyber Command for the period covered by the most recent future-
years defense program submitted to Congress under section 221 of
title 10, United States Code.
(6) <<NOTE: Inventory.>> An inventory of all flag officer
positions at joint and naval components and commands conducting
or managing cyberspace operations and activities, including with
respect to--
(A) the United States Cyber Command;
(B) the Fleet Cyber Command;
(C) Joint Forces Headquarters-Cyber, Navy;
(D) 10th Fleet;
(E) the Deputy Chief of Naval Operations for
Information Warfare and the Director of Naval
Intelligence; and
(F) Naval Information Forces.
(7) <<NOTE: Update. Timelines. Procedures.>> An update to
the plan required under subsection (a)(3), including timelines
and procedures, for filling the positions within the cyber
mission force for which the Secretary is responsible.
[[Page 136 STAT. 2903]]
(8) Any anticipated changes to the end-strength of the Navy
by reason of establishing the designator and rating under
subsection (a).
(9) The implementation of the designator and rating
established under subsection (a) within the Navy Reserve.
(10) The development and execution of the training
curriculum and qualification standards under subsection (d).
(g) Leadership Qualifications.--The Secretary shall ensure that flag
officers with the cyber warfare operations designator established under
subsection (a) are primarily employed in billets identified under
subsection (f)(6).
(h) Determination by Cyber Command.--Not later than 60 days after
the date on which the Secretary submits the report under subsection (f),
the Commander of the United States Cyber Command shall submit to the
Committees on Armed Services of the House of Representatives and Senate
a determination with respect to whether the matters contained in the
report satisfy the requirements of the United States Cyber Command.
SEC. 1533. <<NOTE: Deadlines. 10 USC 167b note.>> TOTAL FORCE
GENERATION FOR THE CYBERSPACE OPERATIONS
FORCES.
(a) Study.--
(1) Requirement.--Not later than June 1, 2024, the Secretary
of Defense shall complete a study on the responsibilities of the
military services for organizing, training, and presenting the
total force to United States Cyber Command.
(2) <<NOTE: Assessments.>> Elements.--The study under
paragraph (1) shall assess the following:
(A) Which military services should man, train,
equip, and organize the forces necessary to execute the
functions and missions of the Cyber Mission Force and
the Cyberspace Operations Forces for assignment,
allocation, and apportionment to, or under the directive
authority of, the United States Cyber Command.
(B) The sufficiency of the military service
accession and training model to provide forces to the
Cyberspace Operations Forces and the sufficiency of the
accessions and personnel resourcing of the supporting
command and control staffs necessary as a component to
the United States Cyber Command.
(C) The organization of the Cyber Mission Forces and
whether the total forces or elements of the forces
function best as a collection of independent teams or
through a different model.
(D) How to correct chronic shortages of proficient
personnel in key work roles.
(E) The need for additional work roles or skills to
enable effective infrastructure management and generate
access to targets.
(F) What unique or training-intensive expertise is
required for each of the work roles identified in
subparagraph (E) and whether native talents to master
unique and training-intensive work roles can be
identified and how personnel with those talents can be
developed, retained, and employed across the active and
reserve components.
[[Page 136 STAT. 2904]]
(G) The appropriate pay scales, rotation or force
management policies, career paths and progression,
expertise-based grading, talent management practices,
and training for each of those work roles, given
expected operational requirements.
(H) Whether a single military service should be
responsible for basic, intermediate, and advanced
training for the Cyber Mission Force.
(I) The level of training required before an
individual should be assigned, allocated, or apportioned
to the United States Cyber Command.
(J) Whether or how the duties of the Director of the
National Security Agency and the duties of the Commander
of United States Cyber Command, resting with a single
individual, enable each respective organization, and
whether technical directors and intelligence experts of
the National Security Agency should serve rotations in
the Cyber Mission Force.
(K) How nonmilitary personnel, such as civilian
government employees, contracted experts, commercial
partners, and domain or technology-specific experts in
industry or the intelligence community can serve in,
augment, or support Cyber Mission Force teams.
(L) What work roles in the Cyberspace Operations
Forces can only be filled by military personnel, which
work roles can be filled by civilian employees or
contractors, and which work roles should be filled
partially or fully by civilians due to the need for
longevity of service to achieve required skill levels or
retention rates.
(M) How specialized cyber experience, developed and
maintained in the reserve component, can be more
effectively leveraged to support the Cyberspace
Operations Forces through innovative force generation
models.
(N) Whether the Department of Defense should create
a separate service to perform the functions and missions
currently performed by Cyber Mission Force units
generated by multiple military services.
(O) Whether the Department of Defense is maximizing
partnerships with industry and other nontraditional
sources of expertise and capacity in the areas of
critical infrastructure protection and information
sharing.
(P) Whether the Defense Readiness Reporting System
of the Department of Defense is sufficient to capture
Cyber Mission Force readiness metrics.
(3) Considerations.--The study required by paragraph (1)
shall consider existing models for total force generation
practices and programs, as well as nontraditional and creative
alternatives.
(b) Recommendations.--
(1) In general.--Not later than June 1, 2024, the Principal
Cyber Advisor of the Department of Defense and the Commander of
the United States Cyber Command shall submit to the Secretary of
Defense one or more recommendations, respectively, as to the
future total force generation model for both the Cyber Mission
Force and the Cyberspace Operations Forces.
[[Page 136 STAT. 2905]]
(2) Matters addressed.--The recommendations under paragraph
(1) shall address, at a minimum, each of the elements identified
in subsection (a)(2).
(c) Establishment of a Revised Model Required.--
(1) In general.--Not later than December 31, 2024, the
Secretary of Defense shall establish a revised total force
generation model for the Cyberspace Operations Forces.
(2) <<NOTE: Determinations.>> Elements.--In establishing a
revised total force generation model under paragraph (1), the
Secretary shall explicitly determine the following:
(A) <<NOTE: Recommenda- tions.>> Whether the Navy
should no longer be responsible for developing and
presenting forces to the United States Cyber Command as
part of the Cyber Mission Force or Cyberspace Operations
Forces, including recommendations for corresponding
transfer of responsibilities and associated resources
and personnel for the existing and future year
programmed Cyberspace Operations Forces or Cyber Mission
Force resources.
(B) Whether a single military service should be
responsible for organizing, training, and equipping the
Cyberspace Operations Forces, or if different services
should be responsible for different components of the
Cyberspace Operations Forces.
(C) Whether modification of United States Cyber
Command enhanced budget control authorities are
necessary to further improve total force generation for
Cyberspace Operations Forces.
(D) Implications of low service retention rates for
critical roles within the Cyber Mission Force, and the
mix of actions necessary to correct them, including
multiple rotations in critical work roles, length of
service commitments, repeat tours within the Cyber
Mission Force, retention incentives across the entire
Cyberspace Operations Forces, and best practices for
generating the future force.
(d) Implementation Plan.--Not later than June 1, 2025, the Secretary
shall submit to the congressional defense committees an implementation
plan for effecting the revised total force generation model required
under subsection (c).
(e) Progress Briefing.--Not later than 90 days after the date of the
enactment of this Act, and not less frequently than once every 180 days
thereafter until receipt of the plan required by subsection (d), the
Secretary shall provide the congressional defense committees with a
briefing on the progress made in carrying out this section.
(f) Additional Considerations.--The Secretary shall ensure that
subsections (a) through (c) are carried out with consideration to
matters relating to the following:
(1) The cybersecurity service providers, local defenders,
and information technology personnel who own, operate, and
defend the information networks of the Department of Defense.
(2) Equipping the Cyberspace Operations Forces to include
infrastructure management.
(3) Providing intelligence support to the Cyberspace
Operations Forces.
(4) The resources, including billets, needed to account for
any recommended changes.
[[Page 136 STAT. 2906]]
SEC. 1534. <<NOTE: Deadlines. 10 USC 167b note.>> CORRECTING
CYBER MISSION FORCE READINESS
SHORTFALLS.
(a) Plan and Briefing Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense, the
Chairman of the Joint Chiefs of Staff, and the Secretaries of the
military departments shall jointly--
(1) develop a near-term plan to correct readiness shortfalls
in the Cyber Mission Forces over the period covered by the most
recent future-years defense program submitted to Congress under
section 221 of title 10, United States Code;
(2) <<NOTE: Recommenda- tions.>> develop recommendations
for such legislative action as the Secretary of Defense, the
Chairman, and the Secretaries of the military departments
jointly consider appropriate to correct the readiness shortfalls
described in paragraph (1); and
(3) provide to the congressional defense committees a
briefing on the plan under paragraph (1) and the recommendations
under paragraph (2).
(b) Implementation.--Not later than 30 days after the date of the
briefing provided under paragraph (3) of subsection (a), the Secretary
of Defense and the Chairman shall commence implementation of the aspects
of the plan developed under paragraph (1) of such subsection that are
not dependent upon legislative action.
(c) <<NOTE: Analysis.>> Matters to Be Addressed.--In developing the
plan under paragraph (1) of subsection (a), the Secretary of Defense,
the Chairman, and the Secretaries of the military departments shall
consider and explicitly address through analysis the following potential
courses of action, singly and in combination, to increase the
availability of personnel in key work roles:
(1) <<NOTE: Determination.>> Determining the correct number
of personnel necessary to fill key work roles, including the
proper force mix of civilian, military, and contractor
personnel, and the means necessary to meet those requirements.
(2) Employing civilians rather than military personnel in
key work roles.
(3) Expanding training capacity.
(4) Modifying or creating new training models.
(5) Maximizing use of compensation and incentive
authorities, including increasing bonuses and special pays, and
alternative compensation mechanisms.
(6) Modifying career paths and service policies to permit
consecutive assignments in key work roles without jeopardizing
promotion opportunities.
(7) Increasing service commitments following training
commensurate with the value of the key work role training.
(8) Standardizing compensation models across the services.
(9) Requiring multiple rotations within the Cyber Mission
Forces for key work roles.
(10) Adopting and implementing what are known as ``rank in
person'' policies that enable civilian personnel to be promoted
on the basis of skills and abilities demonstrated in a given
position.
(11) <<NOTE: Review.>> A review of departmental guidance
and processes consistent with section 167b(d)(2)(A)(x) of title
10, United States Code, with respect to the authority of the
Commander of United States Cyber Command to monitor the
promotions of certain cyber operations forces and coordinate
with the Secretaries
[[Page 136 STAT. 2907]]
regarding the assignment, retention, training, professional
military education, and special and incentive pays of certain
cyber operations forces, including--
(A) the recruiting, retention, professional military
education, and promotion of certain cyber operations
personnel;
(B) the sharing of personnel data between the
military departments and the United States Cyber
Command; and
(C) structures, departmental guidance, and processes
developed between the military departments and the
United States Special Operations Command with respect to
the authority of the Commander of the United States
Special Operations Command described in section
167(e)(2)(J) of title 10, United States Code, that could
be used as a model for the United States Cyber Command.
(d) Key Work Roles Defined.--In this section, the term ``key work
roles'' means work roles that consist of access development, tool
development, and exploitation analysis.
SEC. 1535. <<NOTE: 10 USC 2200 note.>> DEPARTMENT OF DEFENSE
CYBER AND DIGITAL SERVICE ACADEMY.
(a) Establishment.--
(1) In general.--The Secretary of Defense, in consultation
with the Secretary of Homeland Security and the Director of the
Office of Personnel and Management, shall establish a program to
provide financial support for pursuit of programs of education
at institutions of high education in covered disciplines.
(2) <<NOTE: Determination.>> Covered disciplines.--For
purposes of the Program, a covered discipline is a discipline
that the Secretary of Defense determines is critically needed
and is cyber- or digital technology-related, including the
following:
(A) Computer-related arts and sciences.
(B) Cyber-related engineering.
(C) Cyber-related law and policy.
(D) Applied analytics related sciences, data
management, and digital engineering, including
artificial intelligence and machine learning.
(E) Such other disciplines relating to cyber,
cybersecurity, digital technology, or supporting
functions as the Secretary of Defense considers
appropriate.
(3) Designation.--The program established under paragraph
(1) shall be known as the ``Department of Defense Cyber and
Digital Service Academy'' (in this section referred to as the
``Program'').
(b) Program Description and Components.--The Program shall--
(1) <<NOTE: Scholarships.>> provide scholarships through
institutions of higher education to students who are enrolled in
programs of education at such institutions leading to degrees or
specialized program certifications in covered disciplines; and
(2) prioritize the placement of scholarship recipients
fulfilling the post-award employment obligation under this
section.
(c) Scholarship Amounts.--
(1) <<NOTE: Determination.>> Amount of assistance.--(A)
Each scholarship under the Program shall be in such amount as
the Secretary determines necessary--
[[Page 136 STAT. 2908]]
(i) to pay all educational expenses incurred by that
person, including tuition, fees, cost of books, and
laboratory expenses, for the pursuit of the program of
education for which the assistance is provided under the
Program; and
(ii) to provide a stipend for room and board.
(B) The Secretary shall ensure that expenses paid are
limited to those educational expenses normally incurred by
students at the institution of higher education involved.
(2) Support for internship activities.--The financial
assistance for a person under this section may also be provided
to support internship activities of the person in the Department
of Defense and combat support agencies in periods between the
academic years leading to the degree or specialized program
certification for which assistance is provided the person under
the Program.
(3) Period of support.--Each scholarship under the Program
shall be for not more than 5 years.
(4) Additional stipend.--Students demonstrating financial
need, as determined by the Secretary, may be provided with an
additional stipend under the Program.
(d) <<NOTE: Contracts. Regulations.>> Post-award Employment
Obligations.--Each scholarship recipient, as a condition of receiving a
scholarship under the Program, shall enter into an agreement under which
the recipient agrees to work for a period equal to the length of the
scholarship, following receipt of the student's degree or specialized
program certification, in the cyber- and digital technology-related
missions of the Department, in accordance with the terms and conditions
specified by the Secretary in regulations the Secretary shall promulgate
to carry out this subsection.
(e) Hiring Authority.--In carrying out this section, specifically
with respect to enforcing the obligations and conditions of employment
under subsection (d), the Secretary may use any authority otherwise
available to the Secretary for the recruitment, employment, and
retention of civilian personnel within the Department, including
authority under section 1599f of title 10, United States Code.
(f) Eligibility.--To be eligible to receive a scholarship under the
Program, an individual shall--
(1) be a citizen or lawful permanent resident of the United
States;
(2) demonstrate a commitment to a career in improving the
security of information technology or advancing the development
and application of digital technology;
(3) have demonstrated a high level of competency in relevant
knowledge, skills, and abilities, as defined by the national
cybersecurity awareness and education program under section 303
of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7443);
(4) be a full-time student, or have been accepted as a full-
time student, in a program leading to a degree or specialized
program certification in a covered discipline at an institution
of higher education;
(5) <<NOTE: Contracts.>> enter into an agreement accepting
and acknowledging the post award employment obligations,
pursuant to section (d);
(6) accept and acknowledge the conditions of support under
section (g); and
[[Page 136 STAT. 2909]]
(7) meet such other requirements for a scholarship as
determined appropriate by the Secretary.
(g) Conditions of Support.--
(1) In general.--As a condition of receiving a scholarship
under this section, a recipient shall agree to provide the
Office of Personnel Management (in coordination with the
Department of Defense) and the institutions of higher education
described in subsection (a)(1) with annual verifiable
documentation of post-award employment and up-to-date contact
information.
(2) Terms.--A scholarship recipient under the Program shall
be liable to the United States as provided in subsection (i) if
the individual--
(A) fails to maintain an acceptable level of
academic standing at the applicable institution of
higher education, as determined by the Secretary;
(B) is dismissed from the applicable institution of
higher education for disciplinary reasons;
(C) withdraws from the eligible degree program
before completing the Program;
(D) declares that the individual does not intend to
fulfill the post-award employment obligation under this
section;
(E) fails to maintain or fulfill any of the post-
graduation or post-award obligations or requirements of
the individual; or
(F) fails to fulfill the requirements of paragraph
(1).
(h) Monitoring Compliance.--As a condition of participating in the
Program, an institution of higher education shall--
(1) <<NOTE: Contracts.>> enter into an agreement with the
Secretary to monitor the compliance of scholarship recipients
with respect to their post-award employment obligations; and
(2) <<NOTE: Time period.>> provide to the Secretary and the
Director of the Office of Personnel Management, on an annual
basis, the post-award employment documentation required under
subsection (g)(1) for scholarship recipients through the
completion of their post-award employment obligations.
(i) Amount of Repayment.--
(1) Less than 1 year of service.--If a circumstance
described in subsection (g)(2) occurs before the completion of 1
year of a post-award employment obligation under the Program,
the total amount of scholarship awards received by the
individual under the Program shall be considered a debt to the
Government and repaid in its entirety.
(2) 1 or more years of service.--If a circumstance described
in subparagraph (D) or (E) of subsection (g)(2) occurs after the
completion of 1 or more years of a post-award employment
obligation under the Program, the total amount of scholarship
awards received by the individual under the Program, reduced by
the ratio of the number of years of service completed divided by
the number of years of service required, shall be considered a
debt to the Government and repaid in accordance with subsection
(j).
(j) <<NOTE: Regulations.>> Repayments.--A debt described subsection
(i) shall be subject to repayment, together with interest thereon
accruing from the date of the scholarship award, in accordance with
terms and conditions specified by the Secretary in regulations
promulgated to carry out this subsection.
[[Page 136 STAT. 2910]]
(k) Collection of Repayment.--
(1) <<NOTE: Determinations.>> In general.--In the event
that a scholarship recipient is required to repay the
scholarship award under the Program, the institution of higher
education providing the scholarship shall--
(A) <<NOTE: Notification.>> determine the repayment
amounts and notify the recipient, the Secretary, and the
Director of the Office of Personnel Management of the
amounts owed; and
(B) collect the repayment amounts within a period of
time as determined by the Secretary.
(2) Returned to treasury.--Except as provided in paragraph
(3), any repayment under this subsection shall be returned to
the Treasury of the United States.
(3) Retain percentage.--An institution of higher education
may retain a percentage of any repayment the institution
collects under this subsection to defray administrative costs
associated with the collection. <<NOTE: Applicability.>> The
Secretary shall establish a single, fixed percentage that will
apply to all eligible entities.
(l) Public Information.--
(1) Evaluation.--The Secretary, in coordination with the
Director of the Office of Personnel Management, shall
periodically evaluate and make public, in a manner that protects
the personally identifiable information of scholarship
recipients, information on the success of recruiting individuals
for scholarships under the Program and on hiring and retaining
those individuals in the Department of Defense workforce,
including information on--
(A) placement rates;
(B) where students are placed, including job titles
and descriptions;
(C) salary ranges for students not released from
obligations under this section;
(D) how long after graduation students are placed;
(E) how long students stay in the positions they
enter upon graduation;
(F) how many students are released from obligations;
and
(G) what, if any, remedial training is required.
(2) <<NOTE: Time period.>> Reports.--The Secretary, in
consultation with the Office of Personnel Management, shall
submit, not less frequently than once every two years, to
Congress a report, including--
(A) the results of the evaluation under paragraph
(1);
(B) the disparity in any reporting between
scholarship recipients and their respective institutions
of higher education; and
(C) <<NOTE: Statistics.>> any recent statistics
regarding the size, composition, and educational
requirements of the relevant Department of Defense
workforce.
(3) Resources.--The Secretary, in coordination with the
Director of the Office of Personnel Management, shall provide
consolidated and user-friendly online resources for prospective
scholarship recipients, including, to the extent practicable--
(A) searchable, up-to-date, and accurate information
about participating institutions of higher education and
job opportunities relating to covered disciplines; and
[[Page 136 STAT. 2911]]
(B) a modernized description of careers in covered
disciplines.
(m) Allocation of Funding.--
(1) <<NOTE: Determination.>> In general.--Not less than 50
percent of the amount available for financial assistance under
this section for a fiscal year shall be available only for
providing financial assistance for the pursuit of programs of
education referred to in subsection (b)(1) at institutions of
higher education that have established, improved, or are
administering programs of education in disciplines under the
grant program established in section 2200b of title 10, United
States Code, as determined by the Secretary.
(2) Associate degrees.--Not less than five percent of the
amount available for financial assistance under this section for
a fiscal year shall be available for providing financial
assistance for the pursuit of an associate degree at an
institution described in paragraph (1).
(n) Board of Directors.--In order to help identify workforce needs
and trends relevant to the Program, the Secretary may establish a board
of directors for the Program that consists of representatives of Federal
departments and agencies.
(o) <<NOTE: Deadline.>> Commencement of Program.--The Secretary
shall commence the Program as early as practicable, with the first
scholarships awarded under the Program for the academic year beginning
no later than the fall semester of 2024.
SEC. 1536. REPORT ON RECOMMENDATIONS FROM NAVY CIVILIAN CAREER
PATH STUDY.
(a) Report.--
(1) Requirement.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of the Navy shall
submit to the congressional defense committees a report on the
recommendations made in the report submitted to the
congressional defense committees under section 1653(a)(2) of the
National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92; 133 Stat. 1763) relating to improving cyber career
paths in the Navy.
(2) <<NOTE: Determinations.>> Contents.--The report under
paragraph (1) shall include the following:
(A) A description of each recommendation described
in such paragraph that has already been implemented.
(B) A description of each recommendation described
in such paragraph that the Secretary has commenced
implementing, including a justification for determining
to commence implementing the recommendation.
(C) A description of each recommendation described
in such paragraph that the Secretary has not implemented
or commenced implementing and a determination as to
whether or not to implement the recommendation.
(D) For each recommendation under subparagraph (C)
that the Secretary determines to implement--
(i) <<NOTE: Timeline.>> a timeline for
implementation;
(ii) a description of any additional resources
or authorities required for implementation; and
(iii) <<NOTE: Plan.>> the plan for
implementation.
[[Page 136 STAT. 2912]]
(E) For each recommendation under subparagraph (C)
that the Secretary determines not to implement, a
justification for the determination not to implement.
(3) Format.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(b) <<NOTE: Deadlines.>> Review by Comptroller General of the
United States.--
(1) Review.--Not later than 180 days after the date on which
the Secretary submits the report under subsection (a), the
Comptroller General of the United States shall conduct a review
of such report.
(2) <<NOTE: Assessments.>> Elements.--The review under
paragraph (1) shall include an assessment of the following:
(A) The extent to which the Secretary has
implemented the recommendations described in subsection
(a)(1).
(B) <<NOTE: Recommenda- tions.>> Additional
recommended actions for the Secretary to take to improve
the readiness and retention of the cyber workforce of
the Navy.
(3) Interim briefing.--Not later than 90 days after the date
on which the Secretary submits the report under subsection (a),
the Comptroller General shall provide to the congressional
defense committees a briefing on the preliminary findings of the
Comptroller General with respect to the review conducted under
paragraph (1).
(4) Final report.--The Comptroller General shall submit to
the congressional defense committees a report on the findings of
the Comptroller General with respect to the review under
paragraph (1) at such time and in such format as is mutually
agreed upon by the committees and the Comptroller General at the
time of the briefing under paragraph (3).
SEC. 1537. STUDY TO DETERMINE OPTIMAL STRATEGY FOR STRUCTURING AND
MANNING ELEMENTS OF JOINT FORCE
HEADQUARTERS-CYBER ORGANIZATIONS, JOINT
MISSION OPERATIONS CENTERS, AND CYBER
OPERATIONS-INTEGRATED PLANNING ELEMENTS.
(a) Study.--
(1) Requirement.--The Principal Cyber Advisor of the
Department of Defense, in coordination with the commanders of
the combatant commands, shall conduct a study to determine the
optimal strategy for structuring and manning elements of the
following:
(A) Joint Force Headquarters Cyber Organizations.
(B) Joint Mission Operations Centers.
(C) Cyber Operations-Integrated Planning Elements.
(D) Joint Cyber Centers.
(2) <<NOTE: Assessments.>> Elements.--The study under
paragraph (1) shall include an assessment of each of the
following:
(A) Operational effects on the military services if
each of the entities listed in subparagraphs (A) through
(C) of paragraph (1) are restructured from organizations
that are components of the military services to joint
organizations.
(B) Existing barriers or impediments to designate
positions within each of the entities listed in such
subparagraphs (A), (B), and (C) as joint billets for
joint qualification purposes.
[[Page 136 STAT. 2913]]
(C) Operational and organizational effects on the
military services, the United States Cyber Command,
other combatant commands, and the Joint Staff if the
entities listed in subparagraphs (A) through (D) of
paragraph (1) are realigned, restructured, or
consolidated.
(D) Operational and organizational effects and
advisement of standardizing a minimum set of roles and
responsibilities of the Joint Cyber Centers, or the
equivalent entity, of the combatant commands.
(E) Clarification of the relationship and
differentiation between Cyber Operations-Integrated
Planning Elements and Joint Cyber Centers of the
combatant commands.
(F) <<NOTE: Inventory.>> A complete inventory of
mission essential tasks for the entities listed in such
subparagraphs (A) through (D).
(G) A description of cyber activities in geographic
and functional combatant command campaign plans and
resources aligned to those activities.
(b) <<NOTE: Deadline. Termination date.>> Briefings.--Not later
than 180 days after the date of the enactment of this Act, and not less
frequently than once every 120 days until March 31, 2024, the Principal
Cyber Advisor of the Department shall provide to the Committees on Armed
Services of the Senate and the House of Representatives a briefing on
the status of the study under subsection (a).
(c) Report.--
(1) Requirement.--Not later than March 31, 2024, the
Principal Cyber Advisor of the Department shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the study under subsection (a).
(2) Contents.--The report under paragraph (1) shall contain
the following:
(A) The findings of the Principal Cyber Advisor with
respect to the study under subsection (a).
(B) Details of the operational and organizational
effects assessed under paragraph (2) of such subsection.
(C) <<NOTE: Plan.>> A plan to carry out the
transfer described in subparagraph (B) of such paragraph
and the associated costs, as appropriate.
(D) <<NOTE: Plan.>> A plan to realign, restructure,
or consolidate the entities listed in subparagraphs (A)
through (D) of subsection (a)(1).
(E) Such other matters as the Principal Cyber
Advisor considers appropriate.
SEC. 1538. <<NOTE: Deadlines.>> MANNING REVIEW OF SPACE FORCE
CYBER SQUADRONS.
(a) Requirement.--Not later than 210 days after the date of the
enactment of this Act, the Secretary of the Air Force, in coordination
with the Chief of Space Operations, shall submit to the congressional
defense committees a review of the manning required to fully staff the
current and planned cyber squadrons of the Space Force.
(b) Matters Included.--
(1) Elements.--The review under subsection (a) shall include
considerations of the following:
(A) The specific sourcing of existing billets of the
Space Force optimally postured for transfer to cyber
squadrons.
[[Page 136 STAT. 2914]]
(B) The administrative processes required to shift
billets and existing funding to cyber squadrons.
(C) The responsibilities and functions performed by
military personnel and civilian personnel.
(D) The benefits and risks to the Space Force
approach of transferring billets to cyber squadrons.
(2) Roadmap.--The review under subsection (a) shall include
a transition roadmap that outlines a comprehensive transition
for the transfer of billets described in paragraph (1) by not
later than September 30, 2024.
SEC. 1539. <<NOTE: Deadlines.>> INDEPENDENT REVIEW OF POSTURE AND
STAFFING LEVELS OF OFFICE OF THE CHIEF
INFORMATION OFFICER.
(a) <<NOTE: Contracts.>> In General.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense shall
seek to enter into an agreement with an appropriate non-Department of
Defense entity for the conduct of a comprehensive review of the posture
and adequacy of the staffing levels of the Office of the Chief
Information Officer of the Department of Defense, as of the date of the
enactment of this Act.
(b) <<NOTE: Evaluations.>> Matters for Consideration.--An agreement
under subsection (a) shall specify that the review conducted under the
agreement shall include the evaluation of each of the following:
(1) Any limitations or constraints of the Office of the
Chief Information Officer in performing the entirety of the
responsibilities specified in section 142(b) of title 10, United
States Code, and responsibilities assigned by the Secretary of
Defense, based on the staffing levels of the Office as of the
date of the enactment of this Act.
(2) The composition of civilian, military, and contractor
personnel assigned to the Office of the Chief Information
Officer, as of such date, including the occupational series and
military occupational specialties of such personnel, relative to
the responsibilities specified in paragraph (1).
(3) The organizational construct of the Office of the Chief
Information Officer, as of such date.
(c) Recommendations.--An agreement under subsection (a) shall
specify that the review conducted under the agreement shall include
recommendations for the Chief Information Officer and the congressional
defense committees, including recommendations derived from the matters
for consideration specified under subsection (b).
(d) <<NOTE: Records.>> Submission.--Not later than 30 days after
the date of the completion of the review under subsection (a), the
Secretary of Defense shall submit to the congressional defense
committees a copy of the review.
SEC. 1540. INDEPENDENT ASSESSMENT OF CIVILIAN CYBERSECURITY
RESERVE FOR DEPARTMENT OF DEFENSE.
(a) <<NOTE: Deadline. Contracts.>> In General.--Not later than 90
days after the date of enactment of this Act, the Secretary of Defense
shall seek to enter into an agreement with a nonprofit entity or a
federally funded research and development center with expertise in
cybersecurity and workforce management to conduct an assessment of the
feasibility and advisability of creating and maintaining a civilian
cybersecurity reserve corps to enable the Department of Defense and
military services to provide qualified civilian manpower to the
Department of Defense to effectively respond to significant cyber
[[Page 136 STAT. 2915]]
incidents or to assist in solving other exceptionally difficult cyber
workforce-related challenges.
(b) Consideration of Prior Report.--
(1) In general.--In conducting the assessment required by
subsection (a), the entity or center shall take into
consideration the results of the evaluation of nontraditional
cyber support to the Department of Defense required by section
1730 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283).
(2) Limitation on availability of funds pending submission
of report.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2023 for the
Under Secretary of Defense for Policy, not more than 75 percent
may be obligated or expended until the date on which the
Principal Cyber Advisor submits the report referenced in
paragraph (1).
(c) <<NOTE: Analyses.>> Elements.--The assessment conducted under
subsection (a) shall include analysis of the following matters:
(1) The feasibility of the concept of a civilian
cybersecurity reserve program, including an analysis of the
available talent pool, potential impact on employers, and
propensity to serve.
(2) <<NOTE: Assessment.>> The likelihood of utilizing
civilian cybersecurity reservists to augment the existing
Department of Defense workforce, including an assessment of the
duration of periods of activation.
(3) The result of outreach conducted with industry and State
and Federal Government agencies employing individuals likely to
meet qualification criteria for service in such a program.
(4) The necessity for participants to access classified
information, and the need to maintain appropriate security
clearances as a participant in the program, including while not
in Federal service.
(5) Appropriate compensation and benefits for members of
such a program.
(6) Activities that members may undertake as part of their
duties.
(7) Methods for identifying and recruiting members,
including alternative methods to traditional qualifications
requirements.
(8) Methods for preventing conflicts of interest or other
ethical concerns as a result of participation in such a program.
(9) Resources, including funding levels, necessary to carry
out such a program.
(10) Potential penalties or other adverse action taken
against individuals who do not respond to activation when
called.
(11) Any other matters the Secretary considers relevant for
the purpose of this assessment.
(d) Reports.--
(1) In general.--Not later than 270 days after the date on
which the Secretary enters into the agreement described in
subsection (a), such entity or center shall submit to the
Secretary a report on the results of the research and analysis
under such subsection.
(2) <<NOTE: Records.>> Submission to congress.--Not later
than one year after the date of enactment of this Act, the
Secretary of Defense
[[Page 136 STAT. 2916]]
shall submit to the Committees on Armed Services of the Senate
and House of Representatives each of the following:
(A) A copy of the report submitted under paragraph
(1) without change.
(B) <<NOTE: Recommenda- tions.>> Any comments,
changes, recommendations, or other information provided
by the Secretary of Defense relating to the research and
analysis conducted under subsection (a) and contained in
such report, including a specific recommendation on
whether a civilian cybersecurity reserve should be
established, as described in such subsection, or with
modification.
SEC. 1541. <<NOTE: Deadlines.>> COMPREHENSIVE REVIEW OF CYBER
EXCEPTED SERVICE.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Chief Information Officer of the Department of Defense
and the Under Secretary of Defense for Personnel and Readiness, in
coordination with the Chief Digital and Artificial Intelligence Officer
and the Principal Cyber Advisor of the Department, shall conduct a
comprehensive review of the Cyber Excepted Service established pursuant
to section 1599f of title 10, United States Code.
(b) Elements.--The review required under subsection (a) shall
include the following:
(1) <<NOTE: Assessment.>> An assessment of barriers to
participation in Cyber Excepted Service positions, including--
(A) <<NOTE: Criteria.>> criteria for eligibility of
potential Department of Defense components and entities
for participation in the Cyber Excepted Service;
(B) potential and structural limitations of the
Cyber Excepted Service, including impediments to
mobility or advancement by civilian employees currently
in billets coded for Cyber Excepted Service;
(C) challenges to transition between competitive and
excepted service;
(D) matters relating to pay disparity and challenges
with compensation relative to the skill sets and value
of such civilian employees in the private sector;
(E) differences between compensation, incentives,
benefits, and access to career-broadening experiences;
(F) the eligibility for participation in the Cyber
Excepted Service of civilian employees who are assigned
to the Office of the Chief Digital and Artificial
Intelligence Officer;
(G) the current and necessary mechanisms to
deconflict occasions when individuals can be considered
eligible for two or more excepted service systems; and
(H) any other barriers as determined by the
Secretary.
(2) <<NOTE: Evaluation.>> An evaluation of the process used
in accepting applications, assessing candidates, and the process
for and effect of adhering to provisions of law establishing
preferences for hiring eligible veterans, and selecting
applicants for vacancies to be filled by an individual for a
Cyber Excepted Service position.
(3) <<NOTE: Evaluation.>> An evaluation of current efforts
to recruit and retain employees in Cyber Excepted Service
positions.
(4) A description of current performance metrics used in
evaluating the Cyber Excepted Service.
[[Page 136 STAT. 2917]]
(5) <<NOTE: Assessment.>> An assessment of how current
efforts to develop, sustain, and improve the Cyber Excepted
Service are integrated into the strategic workforce planning of
the Department.
(6) Current metrics for--
(A) the number of employees in Cyber Excepted
Service positions, disaggregated by occupation, grade,
and level or pay band;
(B) the placement of employees in Cyber Excepted
Service positions, disaggregated by military department,
Defense agency, or other component within the
Department;
(C) the total number of veterans hired;
(D) the number of separations of employees in Cyber
Excepted Service positions, disaggregated by occupation,
grade, and level or pay band;
(E) the number of retirements of employees in Cyber
Excepted Service positions, disaggregated by occupation,
grade, and level or pay band;
(F) the number and amounts of recruitment,
relocation, and retention incentives paid to employees
in Cyber Excepted Service positions, disaggregated by
occupation, grade, and level or pay band; and
(G) the number of employees who declined transition
to qualified Cyber Excepted Service positions.
(7) <<NOTE: Assessment.>> An assessment of the training
provided to supervisors of employees in Cyber Excepted Service
positions on the use of the new authorities.
(8) <<NOTE: Assessment.>> An assessment of the
implementation of section 1599f(a)(1)(A) of title 10, United
States Code, including--
(A) how each military department, Defense agency, or
other component within the Department is incorporating
or intends to incorporate Cyber Excepted Service
personnel in their cyber mission workforce; and
(B) how the Cyber Excepted Service has allowed each
military department, Defense agency, or other component
within the Department to establish, recruit and retain
personnel to fill cyber mission workforce needs.
(9) <<NOTE: Recommenda- tions.>> Recommendations for the
Secretary of Defense and the congressional defense committees
with respect to the improvement of the Cyber Excepted Service,
including recommendations derived from the consideration of the
elements specified in paragraphs (1) through (8).
(c) <<NOTE: Records.>> Submission.--Not later than 30 days after
the completion of the review under subsection (a), the Chief Information
Officer shall submit to the congressional defense committees a copy of
the review.
(d) <<NOTE: Termination date. Time period. Assessments.>> Annual
Update.--Not later than one year after the submission of the review
under subsection (c), and not less frequently than once each year
thereafter until September 30, 2028, the Secretary of Defense shall
submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives an update on
progress made in enacting recommendations identified pursuant to
paragraph (9) of subsection (b) and a detailed report on Cyber Excepted
Service positions during the most recent one-year period, including--
(1) the metrics described in paragraph (6) of such
subsection;
[[Page 136 STAT. 2918]]
(2) an updated assessment under paragraph (8) of such
subsection from the current reporting period;
(3) an updated assessment on the effect of section 1599f of
title 10, United States Code, on the ability of the Department
to recruit, retain, and develop cyber professionals in the
Department over the current reporting period;
(4) an updated assessment on the barriers to participation
described in paragraph (1) of subsection (b) from the current
reporting period;
(5) <<NOTE: Proposal.>> proposed modifications to the Cyber
Excepted Service; and
(6) such other matters as the Secretary considers
appropriate.
(e) Definitions.--In this section:
(1) The term ``Cyber Excepted Service'' consists of those
positions established under section 1599f(a)(1)(A) of title 10,
United States Code.
(2) The term ``Cyber Excepted Service position'' means a
position in the Cyber Excepted Service.
Subtitle D--Reports and Other Matters
SEC. 1551. PILOT PROGRAM FOR SHARING CYBER CAPABILITIES AND
RELATED INFORMATION WITH FOREIGN
OPERATIONAL PARTNERS.
(a) Authorization.--Chapter 19 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 398. <<NOTE: 10 USC 398.>> Pilot program for sharing cyber
capabilities and related information with foreign
operational partners
``(a) Authority to Establish Pilot Program to Share Cyber
Capabilities.-- <<NOTE: Determination.>> The Secretary of Defense may,
with the concurrence of the Secretary of State, provide cyber
capabilities and related information developed or procured by the
Department of Defense to foreign countries or organizations described in
subsection (b) without compensation, to meet operational imperatives if
the Secretary of Defense determines that the provision of such cyber
capabilities is in the national security interests of the United States.
``(b) List of Foreign Countries.--The Secretary of Defense, with the
concurrence of the Secretary of State, shall--
``(1) establish--
``(A) a list of foreign countries that the Secretary
of Defense considers suitable for sharing of cyber
capabilities and related information under the authority
established under paragraph (a); and
``(B) <<NOTE: Criteria.>> criteria for establishing
the list under subparagraph (A);
``(2) not later than 14 days after establishing the list
required by paragraph (a), submit to the appropriate committees
of Congress such list; and
``(3) <<NOTE: Notification.>> notify the appropriate
committees of Congress in writing of any changes to the list
established under clause (1) at least 14 days prior to the
adoption of any such changes.
``(c) Procedures.--Prior to the first use of the authority provided
by subsection (a), the Secretaries of Defense and State shall--
[[Page 136 STAT. 2919]]
``(1) establish and submit to the appropriate committees of
Congress procedures for a coordination process for subsection
(a) that is consistent with the operational timelines required
to support the national security of the United States; and
``(2) <<NOTE: Notification.>> notify the appropriate
committees of Congress in writing of any changes to the
procedures established under paragraph (1) at least 14 days
prior to the adoption of any such changes.
``(d) Notification Required.--(1) The Secretary of Defense and
Secretary of State jointly shall promptly submit to the appropriate
committees of Congress notice in writing of any use of the authority
provided by subsection (a) no later than 48 hours following the use of
the authority.
``(2) <<NOTE: Certification.>> Notification under paragraph (1)
shall include a certification that the provision of the cyber
capabilities was in the national security interests of the United
States.
``(3) <<NOTE: Analysis.>> The notification under paragraph (1)
shall include an analysis of whether the transfer and the underlying
operational imperative could have been met using another authority.
``(e) Termination.--The authority established under paragraph (a)
shall terminate on the date that is 3 years after the date on which this
authority becomes law.
``(f) Definitions.--In this section:
``(1) The term `appropriate committees of Congress' means--
``(A) the congressional defense committees;
``(B) the Committee on Foreign Relations of the
Senate; and
``(C) Committee on Foreign Affairs of the House of
Representatives.
``(2) The term `cyber capability' means a device or computer
program, including any combination of software, firmware, or
hardware, designed to create an effect in or through cyberspace.
``(g) Rule of Construction.--Nothing in this section shall be
construed as amending, diminishing, or otherwise impacting reporting or
other obligations under the War Powers Resolution.''.
(b) Table of Sections Amendment.--The table of sections at the
beginning of such chapter <<NOTE: 10 USC prec. 391.>> is amended by
adding at the end the following new item:
``398. Pilot program for sharing cyber capabilities and related
information with foreign operational partners.''.
SEC. 1552. <<NOTE: 10 USC 238 note.>> DEMONSTRATION PROGRAM FOR
CYBER AND INFORMATION TECHNOLOGY BUDGET
DATA ANALYTICS.
(a) Demonstration Program.--
(1) Requirement.--Not later than February 1, 2024, the Chief
Information Officer of the Department of Defense shall, in
coordination with the Chief Digital and Artificial Intelligence
Officer, complete a pilot program to demonstrate the application
of advanced data analytics to the fiscal year 2024 budget data
of a military department for the purpose of identifying total
cyber and information technology spending and the distribution
of such resources across budget line items that are and are not
identified, labeled, or categorized in a manner that would
indicate that funds included in such line items will be expended
on cyber and information technology activities.
(2) Coordination with military departments.--In carrying out
the demonstration program under subsection (a),
[[Page 136 STAT. 2920]]
the Chief Information Officer shall, in coordination with the
Secretary of the Air Force, the Secretary of the Army, and the
Secretary of the Navy, select a military department for
participation in the demonstration program.
(b) Elements.--The demonstration program under subsection (a) shall
include--
(1) efforts to identify planned expenditures for cyber and
information technology that are not captured in the total
figures for cyber and information technology reported annually
to Congress in support of the President's budget submission and
in budget documents and briefings to Congress on the cyber and
information technology programs and activities;
(2) efforts to improve transparency in cyber and information
technology budget information to identify cyber and information
technology activities funded out of noncyber and noninformation
technology budget lines, including by the use of qualitative
techniques such as semantic analysis or natural language
processing technologies;
(3) metrics developed to assess the effectiveness of the
demonstration program;
(4) <<NOTE: Analysis.>> a cost tradeoff analysis of
implementing these cyber and information technology data
analytics across the entire budget of the Department of Defense;
(5) existing or planned efforts to use these data analytics
to make budget decisions; and
(6) existing or planned efforts to incorporate these data
analytics into materials presented to Congress through the
budget submission process.
(c) Briefing.--
(1) Initial briefing.--Not later than 120 days after the
date of the enactment of this Act, the Chief Information Officer
shall provide the Committees on Armed Services of the Senate and
the House of Representatives a briefing on the plans and status
of the Chief Information Officer with respect to the
demonstration program under subsection (a).
(2) Final briefing.--Not later than March 1, 2024, the Chief
Information Officer shall provide the Committees on Armed
Services of the Senate and the House of Representatives a
briefing on the results and findings of the Chief Information
Officer with respect to the demonstration program under
subsection (a), including the following:
(A) <<NOTE: Recommenda- tions.>> Recommendations
for expansion of the demonstration program to the entire
cyber and information technology budget of the
Department.
(B) <<NOTE: Plans.>> Plans for incorporating data
analytics into the congressional budget submission
process for the cyber and information technology budget
of the Department.
SEC. 1553. <<NOTE: 10 USC 2224 note. Classified information.>>
PLAN FOR COMMERCIAL CLOUD TEST AND
EVALUATION.
(a) Policy and Plan.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Defense, in consultation with
commercial industry, shall implement a policy and plan for test and
evaluation of the cybersecurity of the clouds of commercial cloud
service providers that provide, or are intended to provide, storage or
computing of classified data of the Department of Defense.
[[Page 136 STAT. 2921]]
(b) Contents.--The policy and plan under subsection (a) shall
include the following:
(1) <<NOTE: Requirement. Effective
date. Contracts. Classified information.>> A requirement that,
beginning on the date of the enactment of this Act, future
contracts with cloud service providers for storage or computing
of classified data of the Department include provisions that
permit the Secretary to conduct independent, threat-realistic
assessments of the commercial cloud infrastructure, including
with respect to--
(A) the storage, compute, and enabling elements,
including the control plane and virtualization
hypervisor for mission elements of the Department
supported by the cloud provider; and
(B) the supporting systems used in the fulfillment,
facilitation, or operations relating to the mission of
the Department under the contract, including the
interfaces with these systems.
(2) An explanation as to how the Secretary intends to
proceed on amending existing contracts with cloud service
providers to permit the same level of assessments required for
future contracts under paragraph (1).
(3) Identification and description of any proposed tiered
test and evaluation requirements aligned with different impact
and classification levels.
(c) Waiver Authority.--The Secretary may include in the policy and
plan under subsection (a) an authority to waive any requirement under
subsection (b) if the waiver is jointly approved by the Chief
Information Officer of the Department of Defense and the Director of
Operational Test and Evaluation.
(d) Submission.--Not later than 180 days after the date of enactment
of this Act, the Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives the policy and
plan under subsection (a).
(e) Threat-realistic Assessment Defined.--In this section, the term
``threat-realistic assessments'' means, with respect to commercial cloud
infrastructure, activities that--
(1) are designed to accurately emulate cyber threats from
advanced nation state adversaries, such as Russia and China; and
(2) include cooperative penetration testing and no-notice
threat-emulation activities where personnel of the Department of
Defense attempt to penetrate and gain control of the cloud-
provider facilities, networks, systems, and defenses associated
with, or which enable, the supported missions of the Department.
SEC. 1554. ROADMAP AND IMPLEMENTATION PLAN FOR CYBER ADOPTION OF
ARTIFICIAL INTELLIGENCE.
(a) <<NOTE: Time period.>> Roadmap and Implementation Plan
Required.--Not later than 270 days after the date of the enactment of
this Act, the Commander of the United States Cyber Command and the Chief
Information Officer of the Department of Defense, in coordination with
the Chief Digital and Artificial Intelligence Officer of the Department,
the Director of the Defense Advanced Research Projects Agency, the
Director of the National Security Agency, and the Under Secretary of
Defense for Research and Engineering, shall jointly develop a five-year
roadmap and implementation plan for rapidly adopting and acquiring
artificial intelligence systems,
[[Page 136 STAT. 2922]]
applications, and supporting data and data management processes for the
Cyberspace Operations Forces of the Department of Defense.
(b) Elements.--The roadmap and implementation plan required by
subsection (a) shall include the following:
(1) Identification and prioritization of artificial
intelligence systems, applications, data identification, and
processing to cyber missions within the Department, and
ameliorating threats to, and from, artificial intelligence
systems, including--
(A) advancing the cybersecurity of Department
systems with artificial intelligence;
(B) uses of artificial intelligence for cyber
effects operations;
(C) assessing and mitigating vulnerabilities of
artificial intelligence systems supporting cybersecurity
and cyber operations to attacks; and
(D) defending against adversary artificial
intelligence-based cyber attacks.
(2) <<NOTE: Plan.>> A plan to develop, acquire, adopt, and
sustain the artificial intelligence systems, applications, data,
and processing identified in paragraph (1).
(3) Roles and responsibilities for the following for
adopting and acquiring artificial intelligence systems,
applications, and data to cyber missions within the Department:
(A) The Commander of the United States Cyber
Command.
(B) The Commander of Joint-Force Headquarters
Department of Defense Information Networks.
(C) The Chief Information Officer of the Department.
(D) The Chief Digital and Artificial Intelligence
Officer of the Department.
(E) The Under Secretary of Defense for Research and
Engineering.
(F) The Secretaries of the military departments.
(G) The Director of the National Security Agency.
(4) Identification of currently deployed, adopted, and
acquired artificial intelligence systems, applications, ongoing
prototypes, and data.
(5) Identification of current capability and skill gaps that
must be addressed prior to the development and adoption of
artificial intelligence applications identified in paragraph
(1).
(6) Identification of opportunities to solicit operator
utility feedback through inclusion into research and development
processes and wargaming or experimentation events by developing
a roadmap for such processes and events, as well as a formalized
process for capturing and tracking lessons learned from such
events to inform the development community.
(7) Identification of long-term technology gaps for
fulfilling the Department's cyber warfighter mission to be
addressed by research relating to artificial intelligence by the
science and technology enterprise within the Department.
(8) Definition of a maturity model describing desired cyber
capabilities, agnostic of the enabling technology solutions,
including phases in the maturity model or identified milestones
and clearly identified areas for collaboration with relevant
commercial off the shelf and government off the shelf developers
to address requirements supporting capability gaps.
[[Page 136 STAT. 2923]]
(9) <<NOTE: Assessment. Time period.>> Assessment, in
partnership with the Director of the Defense Intelligence
Agency, of the threat posed by adversaries' use of artificial
intelligence to the cyberspace operations and the security of
the networks and artificial intelligence systems of the
Department in the next five years, including a net technical
assessment of United States and adversary activities to apply
artificial intelligence to cyberspace operations, and actions
planned to address that threat.
(10) <<NOTE: Schedule.>> A detailed schedule with target
milestones, investments, and required expenditures.
(11) Interim and final metrics of adoption of artificial
intelligence for each activity identified in the roadmap.
(12) Identification of such additional funding, authorities,
and policies as the Commander and the Chief Information Officer
jointly determine may be required.
(13) Such other topics as the Commander and the Chief
Information Officer jointly consider appropriate.
(c) Synchronization.--The Commander and the Chief Information
Officer shall ensure that the roadmap and implementation plan under
subsection (a) are synchronized and coordinated to be consistent with
section 1509.
(d) <<NOTE: Classified information.>> Briefing.--Not later than 30
days after the date on which the Commander and the Chief Information
Officer complete development of the roadmap and implementation plan
under subsection (a), the Commander and the Chief Information Officer
shall provide to the congressional defense committees a classified
briefing on the roadmap and implementation plan.
SEC. 1555. REVIEW OF DEPARTMENT OF DEFENSE IMPLEMENTATION OF
RECOMMENDATIONS FROM DEFENSE SCIENCE
BOARD CYBER REPORT.
(a) Review.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
complete a review of the findings and recommendations presented
in the June 2018 Defense Science Board report titled ``Cyber as
a Strategic Capability''.
(2) Elements.--The review under paragraph (1) shall include
the following:
(A) Identification of, and description of
implementation for, recommendations that have been
implemented by the Secretary.
(B) Identification of recommendations that have not
yet been fully implemented by the Secretary.
(C) Identification of the reasons why the
recommendations identified under subparagraph (B) were
not implemented.
(D) <<NOTE: Determination.>> Identification of such
legislative or administrative action as the Secretary
determines necessary to implement the recommendations
identified under subparagraph (B).
(b) Report.--
(1) <<NOTE: Disclosure.>> Requirement.--Not later than 30
days after the date on which the review is completed under
paragraph (1) of subsection (a), the Secretary shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report on the review, including a disclosure
of the matters
[[Page 136 STAT. 2924]]
identified and developed under paragraph (2) of such subsection.
(2) Form.--The report submitted under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 1556. ANNUAL BRIEFING ON RELATIONSHIP BETWEEN NATIONAL
SECURITY AGENCY AND UNITED STATES CYBER
COMMAND.
(a) <<NOTE: Termination date.>> Annual Briefings Required.--Not
later than March 1, 2023, and not less frequently than once each year
thereafter until March 1, 2028, the Secretary of Defense shall provide
the congressional defense committees a briefing on the relationship
between the National Security Agency and United States Cyber Command.
(b) <<NOTE: Assessments.>> Elements.--Each briefing provided under
subsection (a) shall include an annual assessment of the following:
(1) The resources, authorities, activities, missions,
facilities, and personnel used to conduct the relevant missions
at the National Security Agency as well as the cyber offense and
defense missions of United States Cyber Command.
(2) The processes used to manage risk, balance tradeoffs,
and work with partners to execute operations.
(3) An assessment of the operating environment and the
continuous need to balance tradeoffs to meet mission necessity
and effectiveness.
(4) <<NOTE: List.>> An assessment of the operational
effects resulting from the relationship between the National
Security Agency and United States Cyber Command, including a
list of specific operations conducted over the previous year
that were enabled by or benefitted from the relationship.
(5) Such other topics as the Director of the National
Security Agency and the Commander of United States Cyber Command
may consider appropriate.
SEC. 1557. <<NOTE: 10 USC 167b note.>> REVIEW OF DEFINITIONS
ASSOCIATED WITH CYBERSPACE OPERATIONS
FORCES.
(a) Review.--Not later than 120 days after the date of the enactment
of this Act, the Secretary of Defense, acting through the Principal
Cyber Advisor of the Department of Defense and the Principal Cyber
Advisors of the military departments, shall--
(1) review--
(A) <<NOTE: Memorandum.>> the memorandum of the
Secretary of Defense dated December 12, 2019, concerning
the definition of the term ``Department of Defense
Cyberspace Operations Forces (DoD COF)''; and
(B) the responsibilities of the Commander of the
United States Cyber Command as the Cyberspace Joint
Force Provider and Cyberspace Joint Force Trainer, with
respect to forces included and excluded from the
Cyberspace Operations Forces; and
(2) <<NOTE: Updates.>> update such memorandum and, as
appropriate, update such responsibilities.
(b) Elements.--The review under subsection (a) shall include the
following:
(1) <<NOTE: Assessment.>> A comprehensive assessment of
units and components of the Department of Defense conducting
defensive cyberspace operations which are not currently included
in the definition specified in paragraph (1)(A) of such
subsection.
[[Page 136 STAT. 2925]]
(2) Consideration of options for participation in the
Cyberspace Operations Forces by forces without regard to whether
the forces are included in such definition, including options
under which--
(A) forces currently excluded from the Cyberspace
Operations Forces because of such definition may access
training, resources, and expertise of the Cyberspace
Operations Forces;
(B) the Commander of the United States Cyber Command
may issue advisory tasking to forces that are not
Cyberspace Operations Forces pursuant to such
definition; and
(C) forces that are not Cyberspace Operations Forces
pursuant to such definition are subject to training
standards established by the Commander as the Cyberspace
Joint Force Trainer.
SEC. 1558. <<NOTE: Time period.>> ANNUAL ASSESSMENTS AND REPORTS
ON ASSIGNMENT OF CERTAIN BUDGET CONTROL
RESPONSIBILITY TO COMMANDER OF UNITED
STATES CYBER COMMAND.
(a) Annual Assessments.--
(1) Requirement.--During fiscal year 2023, and not less
frequently than once each fiscal year thereafter through fiscal
year 2028, the Commander of the United States Cyber Command, in
coordination with the Principal Cyber Advisor of the Department
of Defense, shall assess the implementation of the transition of
responsibilities assigned to the Commander by section 1507(a)(1)
of the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81).
(2) Elements.--Each assessment carried out under paragraph
(1) shall include the following:
(A) An assessment of the operational and
organizational effect of section 1507(a)(1) of the
National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81) on the training, equipping,
operation, sustainment, and readiness of the Cyber
Mission Forces.
(B) <<NOTE: Inventory.>> An inventory description
of the cyber systems, activities, capabilities,
resources, and functions that have been transferred from
the military departments to control of the Commander and
those that have not been transitioned pursuant to such
section 1507(a)(1).
(C) An opinion by the Commander as to whether the
cyber systems, activities, capabilities, resources, and
functions that have not been so transitioned should be
transitioned pursuant to such section 1507(a)(1).
(D) An assessment of the adequacy of resources,
authorities, and policies required to implement such
section 1507(a)(1), including organizational,
functional, and personnel matters.
(E) An assessment of the reliance on resources,
authorities, policies, or personnel external to United
States Cyber Command in support of the budget control of
the Commander.
(F) Identification of any outstanding areas for
transition pursuant to such section 1507(a)(1).
[[Page 136 STAT. 2926]]
(G) An assessment of the organization established
under section 1509 and its performance relative to the
requirements of the Command.
(H) Such other matters as the Commander considers
appropriate.
(b) Annual Reports.--Not later than March 1, 2023, and annually
thereafter through 2028, the Commander shall submit to the congressional
defense committees a report on the findings of the Commander with
respect to the assessments under subsection (a).
SEC. 1559. <<NOTE: 10 USC 2224 note.>> ASSESSMENTS OF WEAPONS
SYSTEMS VULNERABILITIES TO RADIO-
FREQUENCY ENABLED CYBER ATTACKS.
(a) Assessments.--The Secretary of Defense shall ensure that the
activities required by and conducted pursuant to section 1647 of the
National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-
92; 129 Stat. 1118), section 1637 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C.
221 note), and the amendments made by section 1712 of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283; 134 Stat. 4087) include regular assessments of the
vulnerabilities to and mission risks presented by radio-frequency
enabled cyber attacks with respect to the operational technology
embedded in weapons systems, aircraft, ships, ground vehicles, space
systems, sensors, and datalink networks of the Department of Defense.
(b) Elements.--The assessments under subsection (a) with respect to
vulnerabilities and risks described in such subsection shall include--
(1) identification of such vulnerabilities and risks;
(2) ranking of vulnerability, severity, and priority;
(3) development and selection of options, with associated
costs and schedule, to correct such vulnerabilities, including
installation of intrusion detection capabilities;
(4) <<NOTE: Evaluation.>> an evaluation of the
cybersecurity sufficiency for Military Standard 1553; and
(5) <<NOTE: Plans.>> development of integrated risk-based
plans to implement the corrective actions selected.
(c) Development of Corrective Actions.--In developing corrective
actions under subsection (b)(3), the assessments under subsection (a)
shall--
(1) consider the missions supported by the assessed weapons
systems, aircraft, ships, ground vehicles, space systems,
sensors, or datalink networks, as the case may be, to ensure
that the corrective actions focus on the vulnerabilities that
create the greatest risks to the missions;
(2) be shared and coordinated with the principal staff
assistant with primary responsibility for the strategic
cybersecurity program; and
(3) address requirements for deployed and nondeployed
members of the Armed Forces to analyze data collected on the
weapons systems and respond to attacks.
(d) Intelligence Informed Assessments.--The assessments under
subsection (a) shall be informed by intelligence, if available, and
technical judgment regarding potential threats to embedded operational
technology during operations of the Armed Forces.
[[Page 136 STAT. 2927]]
(e) Coordination.--
(1) Coordination and integration of activities.--The
assessments under subsection (a) shall be fully coordinated and
integrated with activities described in such subsection.
(2) Coordination of organizations.--The Secretary shall
ensure that the organizations conducting the assessments under
subsection (a) in the military departments, the United States
Special Operations Command, and the Defense Agencies coordinate
with each other and share best practices, vulnerability
analyses, and technical solutions with the principal staff
assistant with primary responsibility for the Strategic
Cybersecurity Program.
(f) Briefings.--Not later than one year after the date of the
enactment of this Act, the Secretary shall provide to the congressional
defense committees briefings from the organizations specified under
subsection (e)(2), as appropriate, on the activities and plans required
under this section.
SEC. 1560. BRIEFING ON DEPARTMENT OF DEFENSE PLAN TO DETER AND
COUNTER ADVERSARIES IN THE INFORMATION
ENVIRONMENT.
(a) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to the
congressional defense committees a briefing on the following:
(1) The status of the strategy and posture review required
by section 1631(g) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 397 note).
(2) A description of efforts of the Department of Defense,
including such efforts conducted in consultation with relevant
departments and agencies of the Federal Government, to
effectively deter and counter foreign adversaries in the
information environment, including--
(A) recent updates or modifications to existing
policies to more effectively deter and counter
adversaries;
(B) a description of funding priorities and impacts
to future budget requests;
(C) recent updates to personnel policies to ensure
the recruitment, promotion, retention, and compensation
for individuals with the necessary skills in the
information environment; and
(D) a description of improvements required to the
collection, prioritization, and analysis of
intelligence, in particular open-source intelligence, to
better inform the understanding of foreign adversaries
in the information environment.
(3) A description of any initiatives that are being taken,
in cooperation with relevant departments and agencies of the
Federal Government, to assist and incorporate allies and partner
countries of the United States into efforts to effectively deter
and counter foreign adversaries in the information environment.
(4) A description of any additional actions the Secretary
determines necessary to further ensure that the Department of
Defense is appropriately postured to effectively deter and
counter foreign adversaries in the information environment.
(5) Any other matters the Secretary of Defense determines
appropriate.
[[Page 136 STAT. 2928]]
(b) Information Environment Defined.--In this section, the term
``information environment'' has the meaning given in the publication of
the Department of Defense titled ``Joint Concept for Operating in the
Information Environment (JCOIE)'' dated July 25, 2018.
TITLE XVI--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS
Subtitle A--Space Activities
Sec. 1601. Requirements for protection of satellites.
Sec. 1602. Strategy on protection of satellites.
Sec. 1603. Modification of reports on integration of acquisition and
capability delivery schedules for segments of major satellite
acquisitions programs and funding for such programs.
Sec. 1604. Tactically responsive space capability.
Sec. 1605. Extension of annual report on Space Command and Control.
Sec. 1606. Allied responsive space capabilities.
Sec. 1607. Applied research and educational activities to support space
technology development.
Sec. 1608. Review of Space Development Agency exemption from Joint
Capabilities Integration and Development System.
Sec. 1609. Update to plan to manage Integrated Tactical Warning and
Attack Assessment System and multi-domain sensors.
Sec. 1610. Report on space debris.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Congressional oversight of clandestine activities that
support operational preparation of the environment.
Subtitle C--Nuclear Forces
Sec. 1631. Biannual briefing on nuclear weapons and related activities.
Sec. 1632. Industrial base monitoring for B-21 and Sentinel programs.
Sec. 1633. Improvements to Nuclear Weapons Council.
Sec. 1634. Portfolio management framework for nuclear forces.
Sec. 1635. Extension of requirement to report on nuclear weapons
stockpile.
Sec. 1636. Modification and extension of annual assessment of cyber
resilience of nuclear command and control system.
Sec. 1637. Modification of reports on Nuclear Posture Review
implementation.
Sec. 1638. Establishment of intercontinental ballistic missile site
activation task force for Sentinel program.
Sec. 1639. Prohibition on reduction of the intercontinental ballistic
missiles of the United States.
Sec. 1640. Plan for development of reentry vehicles.
Sec. 1641. Treatment of nuclear modernization and hypersonic missile
programs within Defense Priorities and Allocations System.
Sec. 1642. Matters relating to nuclear-capable sea-launched cruise
missile.
Subtitle D--Missile Defense Programs
Sec. 1651. Biannual briefing on missile defense and related activities.
Sec. 1652. Improvements to acquisition accountability reports on the
ballistic missile defense system.
Sec. 1653. Making permanent prohibitions relating to missile defense
information and systems.
Sec. 1654. Next generation interceptors for missile defense of United
States homeland.
Sec. 1655. Termination of requirement to transition ballistic missile
defense programs to the military departments.
Sec. 1656. Persistent cybersecurity operations for ballistic missile
defense systems and networks.
Sec. 1657. Fire control architectures.
Sec. 1658. Middle East integrated air and missile defense.
Sec. 1659. Iron Dome short-range rocket defense system and Israeli
cooperative missile defense program co-development and co-
production.
[[Page 136 STAT. 2929]]
Sec. 1660. Integrated air and missile defense architecture for defense
of Guam.
Sec. 1661. Limitation on availability of certain funds until submission
of report on implementation of the cruise missile defense
architecture for the homeland.
Sec. 1662. Strategy to use asymmetric capabilities to defeat hypersonic
missile threats.
Sec. 1663. Plan on delivering Shared Early Warning System data to
certain allies and partners of the United States.
Sec. 1664. Reports on ground-based interceptors.
Sec. 1665. Report on missile defense interceptor site in contiguous
United States.
Subtitle E--Other Matters
Sec. 1671. Cooperative threat reduction funds.
Sec. 1672. Department of Defense support for requirements of the White
House Military Office.
Sec. 1673. Unidentified anomalous phenomena reporting procedures.
Sec. 1674. Study of weapons programs that allow Armed Forces to address
hard and deeply buried targets.
Subtitle A--Space Activities
SEC. 1601. REQUIREMENTS FOR PROTECTION OF SATELLITES.
Chapter <<NOTE: 10 USC prec. 2271.>> 135 of title 10, United States
Code, is amended by inserting after section 2275 the following new
section (and conforming the table of sections at the beginning of such
chapter accordingly):
``Sec. 2275a. <<NOTE: 10 USC 2275a.>> Requirements for protection
of satellites
``(a) Establishment of Requirements.--Before a major satellite
acquisition program achieves Milestone A approval, or equivalent, the
Chief of Staff of the Space Force, in consultation with the Commander of
the United States Space Command, shall establish requirements for the
defense and resilience of the satellites under that program against the
capabilities of adversaries to target, degrade, or destroy the
satellites.
``(b) Definitions.--In this section:
``(1) The term `major satellite acquisition program' has the
meaning given that term in section 2275 of this title.
``(2) The term `Milestone A approval' has the meaning given
that term in section 4251 of this title 10.''.
SEC. 1602. STRATEGY ON PROTECTION OF SATELLITES.
(a) <<NOTE: Public information.>> Strategy.--
(1) Requirement. <<NOTE: Deadline.>> --Not later than 90
days after the date of the enactment of this Act, the Secretary
of Defense, in coordination with the Director of National
Intelligence, shall make publicly available a strategy
containing the actions that will be taken to defend and protect
on-orbit satellites of the Department of Defense and the
intelligence community from the capabilities of adversaries to
target, degrade, or destroy satellites.
(2) Forms.--The Secretary shall--
(A) make the strategy under paragraph (1) publicly
available in unclassified form; and
(B) submit to the appropriate congressional
committees an annex, which may be submitted in
classified form, containing supporting documents to the
strategy.
(b) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
[[Page 136 STAT. 2930]]
(A) the congressional defense committees; and
(B) the Permanent Select Committee on Intelligence
of the House of Representatives and the Select Committee
on Intelligence of the Senate.
(2) The term ``intelligence community'' has the meaning
given that term in section 3(4) of the National Security Act of
1947 (50 U.S.C. 3003(4)).
SEC. 1603. MODIFICATION OF REPORTS ON INTEGRATION OF ACQUISITION
AND CAPABILITY DELIVERY SCHEDULES FOR
SEGMENTS OF MAJOR SATELLITE ACQUISITIONS
PROGRAMS AND FUNDING FOR SUCH PROGRAMS.
Section 2275(f) of title 10, United States Code, is amended by
striking paragraph (3).
SEC. 1604. TACTICALLY RESPONSIVE SPACE CAPABILITY.
(a) Program.--Subsection (a) of section 1609 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283; 10 U.S.C. 2271 note) is amended to read as follows:
``(a) Program.--The Secretary of the Air Force shall ensure that the
Space Force has a tactically responsive space capability that--
``(1) addresses all lifecycle elements; and
``(2) addresses rapid deployment and reconstitution
requirements--
``(A) to provide long-term continuity for tactically
responsive space capabilities across the future-years
defense program submitted to Congress under section 221
of title 10, United States Code;
``(B) to continue the development of concepts of
operations, including with respect to tactics, training,
and procedures;
``(C) to develop appropriate processes for
tactically responsive space launch, including--
``(i) mission assurance processes; and
``(ii) command and control, tracking,
telemetry, and communications; and
``(D) to identify basing requirements necessary to
enable tactically responsive space capabilities.''.
(b) Requirements.--Such section is further amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Requirements.--The Chief of Space Operations shall establish
tactically responsive requirements for all national security space
capabilities, if applicable, carried out under title 10, United States
Code.''.
(c) Support.--Subsection (c) of such section, as redesignated by
subsection (b), is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``launch program'' and inserting ``space
program''; and
(B) by striking subparagraph (B) and inserting the
following new subparagraph:
``(B) The entire end-to-end tactically responsive
space capability, including with respect to the launch
vehicle,
[[Page 136 STAT. 2931]]
ground infrastructure, bus, payload, operations and on-
orbit sustainment.''; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``for fiscal year 2023'' and
inserting ``for each of fiscal years 2023 through
2026''; and
(ii) by striking ``tactically responsive
launch program'' and inserting ``tactically
responsive space program'';
(B) in subparagraph (A), by striking ``launches''
and inserting ``capabilities''; and
(C) in subparagraph (C), by striking ``tactically
responsive launch program'' and inserting ``tactically
responsive space program''.
(d) Conforming Amendment.--The heading of such section is amended in
the heading by striking ``launch operations'' and inserting ``space
capability''.
SEC. 1605. EXTENSION OF ANNUAL REPORT ON SPACE COMMAND AND
CONTROL.
Section 1613(a)(2) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1731) is amended by
striking ``2025'' and inserting ``2030''.
SEC. 1606. <<NOTE: 10 USC 2271 note.>> ALLIED RESPONSIVE SPACE
CAPABILITIES.
(a) Initiatives.--The Secretary of the Defense and the Secretary of
State shall jointly ensure that responsive space capabilities of the
Department of Defense align with initiatives by Five Eyes countries,
member states of the North Atlantic Treaty Organization, and other
allies to promote a globally responsive space architecture.
(b) <<NOTE: Assessments.>> Report.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense and the
Secretary of State, in coordination with the Commander of the United
States European Command, the Commander of the United States Indo-Pacific
Command, and the Commander of the United States Space Command, shall
jointly submit to the congressional defense committees, the Committee on
Foreign Affairs of the House of Representatives, and the Committee on
Foreign Relations of the Senate a report assessing current investments
and partnerships by the United States with allies of the United States
with respect to responsive space efforts. The report shall include the
following:
(1) An assessment of the benefits of leveraging allied and
partner spaceports for responsive launch.
(2) <<NOTE: Plans.>> A discussion of current and future
plans to engage with allies and partners with respect to
activities ensuring rapid reconstitution or augmentation of the
space capabilities of the United States and allies.
(3) An assessment of the shared costs and technology between
the United States and allies, including if investments from the
Pacific Deterrence Initiative and the European Deterrence
Initiative could be considered for allied spaceports.
(c) Five Eyes Countries Defined.--In this section, the term ``Five
Eyes countries'' means the following:
(1) Australia.
(2) Canada.
(3) New Zealand.
(4) The United Kingdom.
(5) The United States.
[[Page 136 STAT. 2932]]
SEC. 1607. <<NOTE: 10 USC 9081 note.>> APPLIED RESEARCH AND
EDUCATIONAL ACTIVITIES TO SUPPORT SPACE
TECHNOLOGY DEVELOPMENT.
(a) In General.--The Secretary of the Air Force and the Chief of
Space Operations, in coordination with the Chief Technology and
Innovation Office of the Space Force, may carry out applied research and
educational activities to support space technology development.
(b) Activities.--Activities carried out under subsection (a) shall
support the applied research, development, and demonstration needs of
the Space Force, including by addressing and facilitating the
advancement of capabilities related to--
(1) space domain awareness;
(2) positioning, navigation, and timing;
(3) communications;
(4) hypersonics;
(5) cybersecurity; and
(6) any other matter the Secretary of the Air Force
considers relevant.
(c) Education and Training.--Activities carried out under subsection
(a) shall--
(1) promote education and training for students so as to
support the future national security space workforce of the
United States; and
(2) explore opportunities for international collaboration.
(d) Termination.--The authority provided by this section shall
expire on December 31, 2027.
SEC. 1608. <<NOTE: Deadlines. 10 USC 9086 note.>> REVIEW OF SPACE
DEVELOPMENT AGENCY EXEMPTION FROM JOINT
CAPABILITIES INTEGRATION AND DEVELOPMENT
SYSTEM.
(a) Review.--Not later than March 31, 2023, the Secretary of Defense
shall complete a review regarding whether the Space Development Agency
should be exempt from the Joint Capabilities Integration and Development
System.
(b) Recommendation.--Not later than 30 days after the date on which
the review under subsection (a) is completed, the Secretary of Defense
shall submit to the congressional defense committees a recommendation as
to whether the exemption described in such subsection should apply to
the Space Development Agency.
(c) Implementation.--Not later than 60 days after the date on which
the recommendation is submitted under subsection (b), the Secretary of
the Air Force and the Director of the Space Development Agency shall
implement the recommendation.
SEC. 1609. <<NOTE: Deadlines.>> UPDATE TO PLAN TO MANAGE
INTEGRATED TACTICAL WARNING AND ATTACK
ASSESSMENT SYSTEM AND MULTI-DOMAIN
SENSORS.
(a) Update Required.--Not later than one year after the date of the
enactment of this Act, the Secretary of the Air Force shall update the
plan that was developed pursuant to section 1669 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91).
(b) Coordination With Other Agencies.--In developing the update
required by subsection (a), the Secretary shall--
(1) coordinate with the Secretary of the Army, the Secretary
of the Navy, the Director of the Missile Defense Agency, the
[[Page 136 STAT. 2933]]
Director of the National Reconnaissance Office, and the Director
of the Space Development Agency; and
(2) <<NOTE: Comments.>> solicit comments on the plan, if
any, from the Commander of United States Strategic Command, the
Commander of United States Northern Command, and the Commander
of United States Space Command.
(c) Submittal to Congress.--Not later than 90 days after the update
required by subsection (a) is complete, the Secretary of the Air Force
shall submit to the congressional defense committees--
(1) the plan updated pursuant to subsection (a); and
(2) <<NOTE: Comments.>> the comments from the Commander of
United States Strategic Command, the Commander of United States
Northern Command, and the Commander of United States Space
Command, if any, solicited under subsection (b)(2).
SEC. 1610. REPORT ON SPACE DEBRIS.
(a) Requirement.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
appropriate congressional committees the portion of the report on the
risks posed by man-made space debris in low-Earth orbit described in the
explanatory statement accompanying the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81) that pertains to the
Department of Defense. The portion of the report shall include--
(1) an explanation of such risks to defense and national
security space assets;
(2) <<NOTE: Recommenda- tions.>> recommendations with
respect to the remediation of such risks to defense and national
security assets; and
(3) <<NOTE: Plans.>> outlines of plans to reduce the
incident of such space debris to defense and national security
assets.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Science, Space, and Technology of the House of Representatives;
and
(2) the Committee on Armed Services and Committee on
Commerce, Science, and Transportation of the Senate.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
SEC. 1621. CONGRESSIONAL OVERSIGHT OF CLANDESTINE ACTIVITIES THAT
SUPPORT OPERATIONAL PREPARATION OF THE
ENVIRONMENT.
Section 127f of title 10, United States Code, is amended--
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (d) the following new
subsection:
``(e) <<NOTE: Determination.>> Quarterly Briefing.--On a quarterly
basis, the Assistant Secretary of Defense for Special Operations and Low
Intensity Conflict, in coordination with elements of the Department of
Defense that the Assistant Secretary determines appropriate, shall
provide to the congressional defense committees a briefing outlining the
[[Page 136 STAT. 2934]]
clandestine activities carried out pursuant to subsection (a) during the
period covered by the briefing, including--
``(1) <<NOTE: Update.>> an update on such activities
carried out in each geographic combatant command and a
description of how such activities support the respective
theater campaign plan;
``(2) an overview of the authorities and legal issues,
including limitations, relating to such activities; and
``(3) any other matters the Assistant Secretary considers
appropriate.''.
Subtitle C--Nuclear Forces
SEC. 1631. BIANNUAL BRIEFING ON NUCLEAR WEAPONS AND RELATED
ACTIVITIES.
Chapter 24 of title 10, United States Code, <<NOTE: 10 USC prec.
491.>> is amended by inserting after section 492a the following new
section (and conforming the table of sections at the beginning of such
chapter accordingly):
``SEC. 492b. <<NOTE: 10 USC 492b.>> BIANNUAL BRIEFING ON NUCLEAR
WEAPONS AND RELATED ACTIVITIES.
``(a) In General.--On or about May 1 and November 1 of each year,
the officials specified in subsection (b) shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing on matters relating to nuclear weapons
policies, operations, technology development, and other similar topics
as requested by such committees.
``(b) Officials Specified.--The officials specified in this
subsection are the following:
``(1) The Assistant Secretary of Defense for Acquisition.
``(2) The Assistant Secretary of Defense for Nuclear,
Chemical, and Biological Defense Programs.
``(3) The Assistant Secretary of Defense for Space Policy.
``(4) The Deputy Administrator for Defense Programs of the
National Nuclear Security Administration.
``(5) The Director for Strategy, Plans, and Policy of the
Joint Staff.
``(6) The Director for Capability and Resource Integration
for the United States Strategic Command.
``(c) Delegation.--An official specified in subsection (b) may
delegate the authority to provide a briefing under subsection (a) to a
member of the Senior Executive Service who reports to the official.
``(d) Termination.--The requirement to provide a briefing under
subsection (a) shall terminate on January 1, 2028.''.
SEC. 1632. INDUSTRIAL BASE MONITORING FOR B-21 AND SENTINEL
PROGRAMS.
Chapter 24 of title 10, United States Code, <<NOTE: 10 USC prec.
491.>> is amended by inserting after section 493 the following new
section (and conforming the table of sections at the beginning of such
chapter accordingly):
``Sec. 493a. <<NOTE: 10 USC 493a.>> Industrial base monitoring
for B-21 and Sentinel programs
``(a) Designation.--The Secretary of the Air Force, acting through
the Assistant Secretary of the Air Force for Acquisition,
[[Page 136 STAT. 2935]]
Technology, and Logistics, shall designate a senior official, who shall
report to the Assistant Secretary, to monitor the combined industrial
base supporting the acquisition of--
``(1) B-21 aircraft; and
``(2) the Sentinel intercontinental ballistic missile weapon
system.
``(b) Requirements for Monitoring.--In monitoring the combined
industrial base described in subsection (a), the senior official
designated under such subsection shall--
``(1) have the authority to select staff to assist the
senior official from among civilian employees of the Department
and members of the armed forces, who may provide such assistance
concurrently while serving in another position;
``(2) monitor the acquisition by the combined industrial
base of--
``(A) materials, technologies, and components
associated with nuclear weapons systems; and
``(B) commodities purchased on a large scale;
``(3) monitor the hiring or contracting by the combined
industrial base of personnel with critical skills; and
``(4) <<NOTE: Assessment.>> assess whether personnel with
critical skills and knowledge, intellectual property on
manufacturing processes, and facilities and equipment necessary
to design, develop, manufacture, repair, and support a program
are available and affordable within the scopes of the B-21
aircraft program and the Sentinel intercontinental ballistic
missile weapon system program.
``(c) Annual Report.--At the same time as the submission of the
budget of the President pursuant to section 1105(a) of title 31 for a
fiscal year, the Secretary shall submit to the congressional defense
committees a report with respect to the status of the combined
industrial base described in subsection (a).''.
SEC. 1633. IMPROVEMENTS TO NUCLEAR WEAPONS COUNCIL.
(a) Responsibilities.--Subsection (d) of section 179 of title 10,
United States Code, is amended--
(1) in paragraph (9), by inserting ``, in coordination with
the Joint Requirements Oversight Council,'' after
``capabilities, and'';
(2) by redesignating paragraphs (10), (11), and (12) as
paragraphs (11), (12), and (13), respectively;
(3) by inserting after paragraph (9) the following new
paragraph (10):
``(10) With respect to nuclear warheads--
``(A) <<NOTE: Review. Requirements. Evaluation.>>
reviewing military requirements, performance
requirements, and planned delivery schedules to evaluate
whether such requirements and schedules create
significant risks to cost, schedules, or other matters
regarding production, surveillance, research, and other
programs relating to nuclear weapons within the National
Nuclear Security Administration; and
``(B) <<NOTE: Proposal. Analysis.>> if any such
risk exists, proposing and analyzing adjustments to such
requirements and schedules.''; and
(4) by striking paragraph (13), as so redesignated, and
inserting the following new paragraph (13):
``(13) <<NOTE: Coordination.>> Coordinating risk management
efforts between the Department of Defense and the National
Nuclear Security Administration relating to the nuclear weapons
stockpile, the
[[Page 136 STAT. 2936]]
nuclear security enterprise (as defined in section 4002 of the
Atomic Energy Defense Act (50 U.S.C. 2501)), and the delivery
platforms for nuclear weapons, including with respect to
identifying and analyzing risks and proposing actions to
mitigate risks.''.
(b) Plans and Budget.--Subsection (f) of such section is amended to
read as follows:
``(f) <<NOTE: Time period. Review. Assessment.>> Budget and Funding
Matters.--(1) The Council shall annually review the plans and budget of
the National Nuclear Security Administration and assess whether such
plans and budget meet the current and projected requirements relating to
nuclear weapons.
``(2)(A) <<NOTE: Review. Determinations.>> The Council shall review
each budget request transmitted by the Secretary of Energy to the
Council under section 4717 of the Atomic Energy Defense Act (50 U.S.C.
2757) and make a determination under subparagraph (B) regarding the
adequacy of each such request. <<NOTE: Deadline. Notification.>> Not
later than 30 days after making such a determination, the Council shall
notify the congressional defense committees that such a determination
has been made.
``(B)(i) If the Council determines that a budget request for a
fiscal year transmitted to the Council under section 4717 of the Atomic
Energy Defense Act (50 U.S.C. 2757) is inadequate, in whole or in part,
to implement the objectives of the Department of Defense with respect to
nuclear weapons for that fiscal year, the Council shall submit to the
Secretary of Energy a written description of funding levels and specific
initiatives that would, in the determination of the Council, make the
budget request adequate to implement those objectives.
``(ii) <<NOTE: Statement.>> If the Council determines that a budget
request for a fiscal year transmitted to the Council under section 4717
of the Atomic Energy Defense Act (50 U.S.C. 2757) is adequate to
implement the objectives described in clause (i) for that fiscal year,
the Council shall submit to the Secretary of Energy a written statement
confirming the adequacy of the request.
``(iii) <<NOTE: Records.>> The Council shall maintain a record of
each description submitted under clause (i) and each statement submitted
under clause (ii).
``(3) <<NOTE: Reports.>> Not later than 30 days after the President
submits to Congress the budget for a fiscal year under section 1105(a)
of title 31, the Council shall submit to the congressional defense
committees a report containing the following:
``(A) <<NOTE: Assessment.>> The results of the assessment
conducted under paragraph (1) with respect to that budget.
``(B) <<NOTE: Evaluation.>> An evaluation of--
``(i) whether the funding requested for the National
Nuclear Security Administration in such budget--
``(I) enables the Administrator for Nuclear
Security to meet requirements relating to nuclear
weapons for such fiscal year; and
``(II) is adequate to implement the objectives
of the Department of Defense with respect to
nuclear weapons for that fiscal year; and
``(ii) whether the plans and budget reviewed under
paragraph (1) will enable the Administrator to meet--
``(I) the requirements to produce war reserve
plutonium pits under section 4219(a) of such Act
(50 U.S.C. 2538a(a)); and
[[Page 136 STAT. 2937]]
``(II) any other requirements under Federal
law.
``(C) If the evaluation under subparagraph (B)(ii)
determines that the plans and budget reviewed under paragraph
(1) will not enable the Administrator to meet the requirements
to produce war reserve plutonium pits under section 4219(a) of
the Atomic Energy Defense Act (50 U.S.C. 2538a(a))--
``(i) an explanation for why the plans and budget
will not enable the Administrator to meet such
requirements; and
``(ii) <<NOTE: Proposal. Requirements.>> proposed
alternative plans, budget, or requirements by the
Council to meet such requirements.
``(4) If a member of the Council does not concur in any assessment
or evaluation under this subsection, the report or other information
required to be submitted to the congressional defense committees
regarding such assessment or evaluation shall include a written
explanation from the non-concurring member describing the reasons for
the member's nonconcurrence.
``(5)(A) <<NOTE: Deadlines. Assessments. Time period.>> Not later
than 30 days after the President submits to Congress the budget for a
fiscal year under section 1105(a) of title 31, the Commander of the
United States Strategic Command shall submit to the Chairman of the
Joint Chiefs of Staff an assessment of--
``(i) <<NOTE: Determination.>> whether such budget
allows the Federal Government to meet the nuclear
stockpile and stockpile stewardship program requirements
during the fiscal year covered by the budget and the
four subsequent fiscal years; and
``(ii) if the Commander determines that such budget
does not allow the Federal Government to meet such
requirements, a description of the steps being taken to
meet such requirements.
``(B) Not later than 30 days after the date on which the Chairman of
the Joint Chiefs of Staff receives the assessment of the Commander of
the United States Strategic Command under subparagraph (A), the Chairman
shall submit to the congressional defense committees--
``(i) such assessment as it was submitted to the Chairman;
and
``(ii) <<NOTE: Comments.>> any comments of the Chairman.
``(6) <<NOTE: Definition.>> In this subsection, the term `budget'
has the meaning given that term in section 231(f) of this title.''.
(c) Modification of Budget Review by Nuclear Weapons Council.--
Section 4717 of the Atomic Energy Defense Act (50 U.S.C. 2757) is
amended--
(1) in subsection (a)--
(A) by striking paragraph (2) and inserting the
following:
``(2) Review.--The Council shall review each budget request
transmitted to the Council under paragraph (1) in accordance
with section 179(f) of title 10, United States Code.''; and
(B) in paragraph (3)(A)--
(i) in the matter preceding clause (i), by
striking ``paragraph (2)(B)(i)'' and inserting
``section 179(f)(2)(B)(i) of title 10, United
States Code,''; and
(ii) in clause (i), by striking ``the
description under paragraph (2)(B)(i)'' and
inserting ``that description''; and
(2) in subsection (b)--
[[Page 136 STAT. 2938]]
(A) by striking ``Council.--'' in the heading and
all that follows through ``At the time'' and inserting
``Council.--At the time''; and
(B) by striking paragraph (2).
(d) Updates on Meetings.--Section 179(g)(1)(A) of title 10, United
States Code, is amended by inserting ``and the members who attended each
meeting'' before the semicolon.
(e) Repeal of Termination of Nuclear Weapons Council Certification
and Reporting Requirement.--Section 1061(c) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C.
111 note) is amended by striking paragraph (10).
SEC. 1634. PORTFOLIO MANAGEMENT FRAMEWORK FOR NUCLEAR FORCES.
(a) In General.--Chapter 24 of title 10, <<NOTE: 10 USC prec.
491.>> United States Code, is amended by adding at the end the
following new section (and conforming the table of sections at the
beginning of such chapter accordingly):
``Sec. 499c. <<NOTE: 10 USC 499c.>> Portfolio management
framework for nuclear forces
``(a) <<NOTE: Deadline.>> Requirement.--Not later than January 1,
2024, the Secretary of Defense shall--
``(1) implement a portfolio management framework for nuclear
forces of the United States that--
``(A) specifies the portfolio of nuclear forces
covered by the framework;
``(B) establishes a portfolio governance structure
for such forces that takes advantage of, or is modeled
on, an existing portfolio governance structure, such as
the Deputy's Management Action Group described in
Department of Defense Directive 5105.79;
``(C) outlines the approach of the Secretary for
identifying and managing risk relating to such forces
and prioritizing the efforts among such forces,
including how the Secretary, acting through the Under
Secretary of Defense for Acquisition and Sustainment,
will coordinate such identification, management, and
prioritization with the Administrator for Nuclear
Security using the coordination processes of the Nuclear
Weapons Council; and
``(D) incorporates the findings and recommendations
identified by the Comptroller General of the United
States in the report titled `Nuclear Enterprise: DOD and
NNSA Could Further Enhance How They Manage Risk and
Prioritize Efforts' (GAO-22-104061) and dated January
2022; and
``(2) <<NOTE: Assessment.>> complete a comprehensive
assessment of the portfolio management capabilities required to
identify and manage risk in the portfolio of nuclear forces,
including how to draw upon public and private sector resources
and the program management expertise within the Defense
Acquisition University.
``(b) Annual Briefings; Notifications.--(1) In conjunction with the
submission of the budget of the President to Congress pursuant to
section 1105 of title 31 for fiscal year 2025 and each fiscal year
thereafter through the date specified in subsection (c), the Secretary
shall provide to the congressional defense committees a briefing on
identifying and managing risk relating to nuclear
[[Page 136 STAT. 2939]]
forces and prioritizing the efforts among such forces, including, with
respect to the period covered by the briefing--
``(A) the current and projected operational requirements for
nuclear forces that were used for such identification,
management, and prioritization;
``(B) key areas of risk identified; and
``(C) a description of the actions proposed or carried out
to mitigate such risk.
``(2) The Secretary may provide the briefings under paragraph (1) in
classified form.
``(3) <<NOTE: Determination.>> If a House of Congress adopts a bill
authorizing or appropriating funds that, as determined by the Secretary,
provides funds in an amount that will result in a significant delay in
the nuclear certification or delivery of nuclear forces, the Secretary
shall notify the congressional defense committees of the determination.
``(c) <<NOTE: Certification.>> Termination.--The requirements of
this section shall terminate 90 days after the date on which the
Secretary certifies to the congressional defense committees that each of
the following have achieved full operational capability:
``(1) The LGM-35A Sentinel intercontinental ballistic
missile weapon system.
``(2) The Columbia-class ballistic missile submarine
program.
``(3) The long-range standoff weapon program.
``(4) The B-21 Raider bomber aircraft program.
``(5) The F-35A dual-capable aircraft program.
``(d) Nuclear Forces Defined.--In this section, the term `nuclear
forces' includes, at a minimum--
``(1) nuclear weapons;
``(2) the delivery platforms and systems for nuclear
weapons;
``(3) nuclear command, control, and communications systems;
and
``(4) the infrastructure and facilities of the Department of
Defense and the National Nuclear Security Administration that
support nuclear weapons, the delivery platforms and systems for
nuclear weapons, and nuclear command, control, and
communications systems, including with respect to personnel,
construction, operation, and maintenance.''.
(b) Initial Briefing.--
(1) <<NOTE: Deadline.>> Requirement.--Not later than June
1, 2023, the Secretary of Defense shall provide to the
congressional defense committees a briefing on the progress of
the Secretary to--
(A) develop the portfolio management framework for
nuclear forces under section 499c of title 10, United
States Code, as added by subsection (a); and
(B) complete the assessment described in subsection
(a)(2) of such section.
(2) Form.--The Secretary may provide the briefing under
paragraph (1) in classified form.
SEC. 1635. EXTENSION OF REQUIREMENT TO REPORT ON NUCLEAR WEAPONS
STOCKPILE.
Section 492a(a)(1) of title 10, United States Code, is amended by
striking ``2024'' and inserting ``2029''.
[[Page 136 STAT. 2940]]
SEC. 1636. MODIFICATION AND EXTENSION OF ANNUAL ASSESSMENT OF
CYBER RESILIENCE OF NUCLEAR COMMAND AND
CONTROL SYSTEM.
(a) Quarterly Briefings.--Subsection (d) of section 499 of title 10,
United States Code, is amended to read as follows:
``(d) Quarterly Briefings.--(1) Not less than once every quarter,
the Deputy Secretary of Defense and the Vice Chairman of the Joint
Chiefs of Staff shall jointly provide to the Committees on Armed
Services of the House of Representatives and the Senate--
``(A) a briefing on any intrusion or anomaly in the nuclear
command, control, and communications system that was identified
during the previous quarter, including--
``(i) an assessment of any known, suspected, or
potential impacts of such intrusions and anomalies to
the mission effectiveness of military capabilities as of
the date of the briefing; and
``(ii) with respect to cyber intrusions of
contractor networks known or suspected to have resulted
in the loss or compromise of design information
regarding the nuclear command, control, and
communications system; or
``(B) <<NOTE: Notification.>> if no such intrusion or
anomaly occurred with respect to the quarter to be covered by
that briefing, a notification of such lack of intrusions and
anomalies.
``(2) <<NOTE: Definitions.>> In this subsection:
``(A) The term `anomaly' means a malicious, suspicious or
abnormal cyber incident that potentially threatens the national
security or interests of the United States, or that is likely to
result in demonstrable harm to the national security of the
United States.
``(B) The term `intrusion' means an unauthorized and
malicious cyber incident that compromises a nuclear command,
control, and communications system by breaking the security of
such a system or causing it to enter into an insecure state.''.
(b) Extension.--Subsection (e) of such section is amended by
striking ``December 31, 2027'' and inserting ``December 31, 2032''.
(c) Conforming Repeal.--Section 171a of title 10, United States
Code, is amended--
(1) by striking subsection (h); and
(2) by redesignating subsections (i) through (l) as
subsections (h) through (k), respectively.
SEC. 1637. MODIFICATION OF REPORTS ON NUCLEAR POSTURE REVIEW
IMPLEMENTATION.
Section 491(c) of title 10, United States Code is amended--
(1) in the heading, by striking ``2010'';
(2) in the matter preceding paragraph (1)--
(A) by striking ``2012 through 2021'' and inserting
``2022 through 2031''; and
(B) by striking ``2010'' and inserting ``a''; and
(3) by striking paragraph (1) and inserting the following
new paragraph (1.):
``(1) ensure that the report required by section 492a of
this title is transmitted to Congress, if so required under such
section;''.
[[Page 136 STAT. 2941]]
SEC. 1638. ESTABLISHMENT OF INTERCONTINENTAL BALLISTIC MISSILE
SITE ACTIVATION TASK FORCE FOR SENTINEL
PROGRAM.
(a) Establishment.--
(1) Task force.--There is established within the Air Force
Global Strike Command a directorate to be known as the Sentinel
Intercontinental Ballistic Missile Site Activation Task Force
(in this section referred to as the ``Task Force'').
(2) Site activation task force.--The Task Force shall serve
as the Site Activation Task Force (as that term is defined in
Air Force Instruction 10-503, updated October 14, 2020) for
purposes of overseeing and coordinating the construction of
fixed facilities and emplacements and the installation and
checkout of supporting subsystems and equipment leading to the
deployment and achievement of full operational capability of the
LGM-35A Sentinel intercontinental ballistic missile weapon
system at each intercontinental ballistic missile wing for use
by the Air Force Global Strike Command in support of plans and
operations of the United States Strategic Command.
(b) Director.--
(1) Head.--The Task Force shall be headed by the Director of
Intercontinental Ballistic Missile Modernization.
(2) Appointment.--
(A) In general.--The Secretary of the Air Force
shall appoint the Director from among the general
officers of the Air Force.
(B) Qualifications.--In appointing the Director, the
Secretary shall give preference to individuals with
expertise in intercontinental ballistic missile
operations and large construction projects.
(3) Term of office.--
(A) Term.--The Director shall be appointed for a
term of three years. The Secretary may reappoint the
Director for one additional three-year term.
(B) Removal.--The Secretary may remove the Director
for cause at any time.
(4) Duties.--
(A) In general.--The Director shall--
(i) oversee and coordinate the activities of
the Air Force in support of--
(I) the deployment of the LGM-35A
Sentinel intercontinental ballistic
missile weapon system; and
(II) the retirement of the LGM-30G
Minuteman III intercontinental ballistic
missile weapon system; and
(ii) subject to the authority, direction, and
control of the Commander of the Air Force Global
Strike Command, the Chief of Staff of the Air
Force, and the Secretary of the Air Force,
prepare, justify, and execute the personnel,
operation and maintenance, and construction
budgets for such deployment and retirement.
(B) Rule of construction.--Nothing in this
subsection shall be construed to supersede or otherwise
alter the organizational relationships and
responsibilities
[[Page 136 STAT. 2942]]
regarding oversight and management of the LGM-35A
Sentinel as a Major Capability Acquisition Program, as
outlined in Department of Defense Instruction 5000.85,
``Major Capability Acquisition'', dated November 4,
2021.
(c) Reports.--
(1) <<NOTE: Time period.>> Report to secretaries.--Not
later than one year after the date of the enactment of this Act,
and annually thereafter until the date specified in subsection
(e), the Director, in consultation with the milestone decision
authority (as defined in section 4251(d) of title 10, United
States Code) for the LGM-35A Sentinel intercontinental ballistic
missile program, shall submit to the Secretary of Defense and
the Secretary of the Air Force a report on the progress of the
Air Force in achieving initial and full operational capability
for the LGM-35A Sentinel intercontinental ballistic missile
weapon system.
(2) Report to congress.--Not later than 30 days after
receiving a report under paragraph (1), the Secretary of Defense
and the Secretary of the Air Force shall jointly submit to the
congressional defense committees the report.
(3) Form.--The report under paragraph (1) shall be submitted
in unclassified form, but may include a classified annex.
(4) Quarterly briefing.--Not later than one year after the
date of the enactment of this Act, and every 90 days thereafter
until the date specified in subsection (e), the Secretary of the
Air Force shall provide to the congressional defense committees
a briefing regarding the progress made on activities by the Task
Force to bring the LGM-35A Sentinel intercontinental ballistic
missile weapon system to operational capability at each
intercontinental ballistic missile wing.
(d) Weapon System Designation.--
(1) Weapon system.--For purposes of nomenclature and life
cycle maintenance, each wing level configuration of the LGM-35A
Sentinel intercontinental ballistic missile shall be considered
a weapon system.
(2) Definitions.--In this subsection:
(A) The term ``weapon system'' has the meaning given
the term in Department of the Air Force Pamphlet 63-128,
updated February 3, 2021.
(B) The term ``wing level configuration'' means the
complete arrangement of subsystems and equipment of the
LGM-35A Sentinel intercontinental ballistic missile
required to function as a wing.
(e) Termination.--The Task Force shall terminate not later than 90
days after the date on which the Commander of the United States
Strategic Command and the Commander of the Air Force Global Strike
Command (or the heads of successor agencies of the United States
Strategic Command and the Air Force Global Strike Command) jointly
declare that the LGM-35A Sentinel intercontinental ballistic missile
weapon system has achieved full operational capability.
SEC. 1639. PROHIBITION ON REDUCTION OF THE INTERCONTINENTAL
BALLISTIC MISSILES OF THE UNITED STATES.
(a) Prohibition.--Except as provided in subsection (b), none of the
funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2023 for the Department of Defense
[[Page 136 STAT. 2943]]
may be obligated or expended for the following, and the Department may
not otherwise take any action to do the following:
(1) Reduce, or prepare to reduce, the responsiveness or
alert level of the intercontinental ballistic missiles of the
United States.
(2) Reduce, or prepare to reduce, the quantity of deployed
intercontinental ballistic missiles of the United States to a
number less than 400.
(b) Exception.--The prohibition in subsection (a) shall not apply to
any of the following activities:
(1) The maintenance or sustainment of intercontinental
ballistic missiles.
(2) Ensuring the safety, security, or reliability of
intercontinental ballistic missiles.
(3) Facilitating the transition from the Minuteman III
intercontinental ballistic missile to the Sentinel
intercontinental ballistic missile (previously referred to as
the ``ground-based strategic deterrent weapon'').
SEC. 1640. PLAN FOR DEVELOPMENT OF REENTRY VEHICLES.
(a) <<NOTE: Time period.>> Plan.--The Under Secretary of Defense
for Acquisition and Sustainment, in consultation with the Administrator
for Nuclear Security and the Under Secretary of Defense for Research and
Engineering, shall produce a plan for the development, during the 20-
year period beginning on the date of the enactment of this Act, of--
(1) the Mark 21A reentry vehicle for the Air Force;
(2) the Mark 7 reentry vehicle for the Navy; and
(3) any other reentry vehicles for--
(A) the Sentinel intercontinental ballistic missile
weapon system;
(B) the Trident II (D5) submarine-launched ballistic
missile, or subsequent missile; and
(C) any other long-range ballistic or hypersonic
strike missile that may rely upon technologies similar
to the technologies used in the missiles described in
subparagraphs (A) and (B).
(b) Elements.--The plan under subsection (a) shall--
(1) with respect to the development of each reentry vehicle
described in such subsection, describe--
(A) timed phases of production for the reentry
aeroshell and the planned production and fielding of the
reentry vehicle;
(B) the required developmental and operational
testing capabilities and capacities, including such
capabilities and capacities of the reentry vehicle;
(C) the technology development and manufacturing
capabilities that may require use of authorities under
the Defense Production Act of 1950 (50 U.S.C. 4501 et
seq.); and
(D) the industrial base capabilities and capacities,
including the availability of sufficient critical
materials and staffing to ensure adequate competition
between entities developing the reentry vehicle;
(2) <<NOTE: Cost estimates.>> provide estimated cost
projections for the development of the first operational reentry
vehicle and the production of
[[Page 136 STAT. 2944]]
subsequent reentry vehicles to meet the requirements of the Navy
and Air Force; and
(3) provide for the coordination with and account for the
needs of the development by the Department of Defense of
hypersonic systems using materials, staffing, and an industrial
base similar to that required for the development of reentry
vehicles described in subsection (a).
(c) Assessments.--
(1) Cost projections.--The Director of the Office of Cost
Assessment and Program Evaluation of the Department of Defense,
in coordination with the Director of the Office of Cost
Estimating and Program Evaluation of the National Nuclear
Security Administration, shall conduct an assessment of the
costs of the plan under subsection (a).
(2) <<NOTE: Deadline. Contracts.>> Technology and
manufacturing readiness.--Not later than 90 days after the date
of the enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment shall seek to enter into an
agreement with a federally funded research and development
center to conduct an assessment of the technology and
manufacturing readiness levels with respect to the plan under
subsection (a).
(d) <<NOTE: Deadline.>> Submission to Congress.--Not later than one
year after the date of the enactment of this Act, the Under Secretary of
Defense for Acquisition and Sustainment shall submit to the
congressional defense committees the plan under subsection (a) and the
assessments under subsection (c).
SEC. 1641. TREATMENT OF NUCLEAR MODERNIZATION AND HYPERSONIC
MISSILE PROGRAMS WITHIN DEFENSE
PRIORITIES AND ALLOCATIONS SYSTEM.
(a) <<NOTE: Deadline. Termination date.>> Review and Briefing.--Not
later than January 1, 2023, and annually thereafter until January 1,
2028, the Secretary of Defense and the Secretary of Energy shall jointly
provide to the congressional defense committees a briefing, with respect
to each nuclear weapons delivery system, missile warning system,
hypersonic boost-glide missile system program, and weapon program or
nuclear security enterprise infrastructure project of the National
Nuclear Security Administration, on--
(1) which such programs or projects have been reviewed or
considered for a determination of DX priority rating under part
700 of title 15, Code of Federal Regulations;
(2) which, if any, such programs or projects have been
assigned a DX priority rating, or have been determined to
require such rating and a timeline for assignment;
(3) any such programs or projects that have sought DX rating
but have been denied assignment, including a rationale for
denial;
(4) any such program or project which had previously
obtained a DX rating and the designation was unassigned; and
(5) other related matters the Secretaries determine
appropriate, including the potential impacts and risks to other
programs.
(b) Milestone Review Requirement.--With respect to any program or
project that the Secretary of Defense and the Secretary of Energy
identify under subsection (a)(1) as not having been reviewed or
considered for a determination of DX priority rating
[[Page 136 STAT. 2945]]
under part 700 of title 15, Code of Federal Regulations, the respective
Secretary shall--
(1) <<NOTE: Assessment.>> conduct an assessment regarding
the need for such a DX priority rating not less frequently than
prior to the program or project achieving Milestone A approval,
Milestone B approval, and Milestone C approval, or equivalent;
and
(2) <<NOTE: Memorandum.>> document such assessment within
the acquisition decision memorandum, or equivalent, for the
program or project.
SEC. 1642. MATTERS RELATING TO NUCLEAR-CAPABLE SEA-LAUNCHED CRUISE
MISSILE.
(a) <<NOTE: Country listing. Assessments.>> Report on Deterrence.--
Not later than 270 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to the congressional defense
committees a report that describes the approach by the Department of
Defense for deterring theater nuclear employment by Russia, China, and
North Korea, including--
(1) an assessment of the current and future theater nuclear
capabilities and doctrines of Russia, China, and North Korea;
(2) an explanation of the strategy and capabilities of the
United States for deterring theater nuclear employment; and
(3) a comparative assessment of options for strengthening
deterrence of theater nuclear employment, including pursuit of
the nuclear-capable sea-launched cruise missile and other
potential changes to the nuclear and conventional posture and
capabilities of the United States.
(b) Concept of Operations and Operational Implications.--
(1) <<NOTE: Deadline.>> Concept of operations.--Not later
than 150 days after the date of the enactment of this Act, the
Vice Chairman of the Joint Chiefs of Staff, in coordination with
the Chief of Naval Operations, the Under Secretary of Defense
for Policy, the Commander of the United States Strategic
Command, the Commander of the United States European Command,
and the Commander of the United States Indo-Pacific Command,
shall develop and validate a concept of operations for a
nuclear-capable sea-launched cruise missile that provides
options for, at a minimum--
(A) regularly deploying the missile in relevant
operational theaters; and
(B) maintaining the missile in reserve and deploying
as needed to relevant operational theaters.
(2) <<NOTE: Reports.>> Operational implications.--Not later
than 270 days after the date of the enactment of this Act, and
based upon the concept of operations developed pursuant to
paragraph (1), the Chief of Naval Operations, in coordination
with the Vice Chairman of the Joint Chiefs of Staff, the
Commander of the United States Strategic Command, the Commander
of the United States European Command, and the Commander of the
United States Indo-Pacific Command, shall submit to the
congressional defense committees a report that describes the
operational implications associated with deploying nuclear-
capable sea-launched cruise missiles on naval vessels,
including--
(A) <<NOTE: Country listing.>> anticipated effects
on the deterrence of regional nuclear use by Russia,
China, and North Korea from such deployment;
[[Page 136 STAT. 2946]]
(B) <<NOTE: Country listing.>> expected adjustments
in the regional balances of nuclear forces between the
United States and Russia, China, and North Korea
respectively, based on the anticipated effects under
subparagraph (A);
(C) anticipated operational and deterrence
implications of allocating missile or torpedo tubes from
conventional munitions to nuclear munitions if
additional vessels beyond current planning are not
available;
(D) anticipated operational constraints and trade-
offs associated with reserving or limiting naval
vessels, if applicable, on account of nuclear mission
requirements;
(E) adjustments to posture and operationally
available capabilities that may be required if the Navy
is not provided with additional resources to support
tactical nuclear operations, including potential costs
and constraints relating to nuclear certification,
modifications to port infrastructure, personnel
training, and other factors; and
(F) any other issues identified by the Chief, Vice
Chairman, and Commanders.
(c) Report on Development.--Not later than 270 days after the date
of the enactment of this Act, the Administrator for Nuclear Security
shall submit to the congressional defense committees a report that
describes the cost and timeline of developing and producing a variation
of the W80-4 warhead for a nuclear-capable sea-launched cruise missile,
including--
(1) <<NOTE: Costs.>> the cost of developing, producing, and
sustaining the warhead;
(2) <<NOTE: Timeline.>> the timeline for the design,
production, and fielding of the warhead; and
(3) <<NOTE: Assessment.>> an assessment of how the pursuit
of a variant of the W80-4 warhead may affect other planned
warhead activities of the National Nuclear Security
Administration, including whether there would be risk to the
cost and schedule of other warhead programs of the
Administration if the Nuclear Weapons Council added a nuclear-
capable sea-launched cruise missile warhead to the portfolio of
such programs.
(d) <<NOTE: Deadline.>> Spend Plan.--Not later than 45 days after
the date of the enactment of this Act, the Secretary of the Navy and the
Administrator for Nuclear Security shall submit to the congressional
defense committees the anticipated spend plans for the research and
development of a nuclear-capable sea-launched cruise missile and the
associated warhead for the missile with respect to each of the
following:
(1) The funds for such research and development appropriated
by the Consolidated Appropriations Act, 2022 (Public Law 117-
103).
(2) The funds for such research and development authorized
to be appropriated by this Act.
(e) Consolidated Report.--The reports required by subsections (a)
and (b)(2) may be submitted in one consolidated report.
(f) <<NOTE: Deadline.>> Preferred Course of Action.--To inform the
reports under this section, not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall identify one or
more preferred courses of action from among the actions identified in
the analysis of alternatives for a nuclear-capable sea-launched cruise
missile.
(g) Limitation.--
[[Page 136 STAT. 2947]]
(1) <<NOTE: Summary.>> In general.--None of the funds
authorized to be appropriated by this Act or otherwise made
available for fiscal year 2023 for the Department of Defense or
the National Nuclear Security Administration may be obligated or
expended for a purpose specified in paragraph (2) until each of
the reports under this section and a detailed, unclassified
summary of the analysis of alternatives regarding the nuclear-
capable sea-launched cruise missile have been submitted to the
congressional defense committees.
(2) Funds specified.--The purposes specified in this
paragraph are the following:
(A) With respect to the Department of Defense,
system development and demonstration of a nuclear-
capable sea-launched cruise missile.
(B) With respect to the National Nuclear Security
Administration, development engineering for a modified,
altered, or new warhead for a sea-launched cruise
missile.
(h) Definitions.--In this section:
(1) The term ``development engineering'' means activities
under phase 3 of the joint nuclear weapons life cycle (as
defined in section 4220 of the Atomic Energy Defense Act (50
U.S.C. 2538b) or phase 6.3 of a nuclear weapons life extension
program.
(2) The term ``system development and demonstration'' means
the activities occurring in the phase after a program achieves
Milestone B approval (as defined in section 4172 of title 10,
United States Code).
Subtitle D--Missile Defense Programs
SEC. 1651. BIANNUAL BRIEFING ON MISSILE DEFENSE AND RELATED
ACTIVITIES.
Chapter 23 of title 10, United States Code, <<NOTE: 10 USC prec.
480.>> is amended by inserting after section 486 the following new
section (and conforming the table of sections at the beginning of such
chapter accordingly):
``Sec. 487. <<NOTE: 10 USC 487.>> Biannual briefing on missile
defense and related activities
``(a) In General.--On or about June 1 and December 1 of each year,
the officials specified in subsection (b) shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing on matters relating to missile defense
policies, operations, technology development, and other similar topics
as requested by such committees.
``(b) Officials Specified.--The officials specified in this
subsection are the following:
``(1) The Assistant Secretary of Defense for Acquisition.
``(2) The Assistant Secretary of Defense for Space Policy.
``(3) The Director of the Missile Defense Agency.
``(4) The Director for Strategy, Plans, and Policy of the
Joint Staff.
``(c) Delegation.--An official specified in subsection (b) may
delegate the authority to provide a briefing required by subsection (a)
to a member of the Senior Executive Service who reports to the official.
[[Page 136 STAT. 2948]]
``(d) Termination.--The requirement to provide a briefing under
subsection (a) shall terminate on January 1, 2028.''.
SEC. 1652. IMPROVEMENTS TO ACQUISITION ACCOUNTABILITY REPORTS ON
THE BALLISTIC MISSILE DEFENSE SYSTEM.
(a) Elements of Baselines.--Subsection (b) of section 225 of title
10, United States Code, is amended--
(1) in paragraph (1)(C), by striking ``and flight'' and
inserting ``, flight, and cybersecurity'';
(2) in paragraph (2), by striking subparagraph (C) and
inserting the following new subparagraph (C):
``(C) how the proposed capability satisfies a
capability requirement or performance attribute
identified through--
``(i) the missile defense warfighter
involvement process, as governed by United States
Strategic Command Instruction 538-03, or such
successor document; or
``(ii) processes and products approved by the
Joint Chiefs of Staff or Joint Requirements
Oversight Council;''; and
(3) in paragraph (3)--
(A) in subparagraph (C), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(E) an explanation for why a program joint cost
analysis requirements description has not been prepared
and approved, and, if a program joint cost analysis
requirements description is not applicable, the
rationale for such inapplicability.''.
(b) Annual Reports on Acquisition Baselines.--Subsection (c) of such
section is amended--
(1) in paragraph (2)(B)(ii)--
(A) in subclause (I)--
(i) by striking ``initial'' and inserting
``original''; and
(ii) by striking ``; and'' and inserting a
semicolon;
(B) in subclause (II), by striking the period at the
ending and inserting ``; and''; and
(C) by adding at the end the following new
subclause:
``(III) the most recent adjusted or revised
acquisition baseline for such program element or major
subprogram under subsection (d).'';
(2) by redesignating paragraph (3) as paragraph (4);
(3) by inserting after paragraph (3) the following new
paragraph:
``(3)(A) Each report under paragraph (1) shall include the total
system costs for each element described in subparagraph (B) that
comprises the missile defense system, without regard to funding source
or management control (such as the Missile Defense Agency, a military
department, or other element of the Department of Defense).
``(B) The elements described in this subparagraph shall include the
following:
``(i) Research and development.
[[Page 136 STAT. 2949]]
``(ii) Procurement.
``(iii) Military construction.
``(iv) Operations and sustainment.
``(v) Disposal.''; and
(4) by inserting after paragraph (4) the following new
paragraph (5):
``(5) <<NOTE: Definitions.>> In this subsection:
``(A) The term `original acquisition baseline' means, with
respect to a program element or major subprogram, the first
acquisition baseline created for the program element or major
subprogram that has no previous iterations and has not been
adjusted or revised, including any adjustments or revisions
pursuant to subsection (d).
``(B) The term `total system costs' means, with respect to
each element that comprises the missile defense system--
``(i) all combined costs from closed, canceled, and
active acquisition baselines;
``(ii) any costs shifted to or a part of future
efforts without an established acquisition baseline; and
``(iii) any costs under the responsibility of a
military department or other Department entity.''.
(c) Operations and Sustainment Cost Estimates.--Subsection (e) of
such section is amended--
(1) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(3) the amount of operations and sustainment costs (dollar
value and base year) for which the military department or other
element of the Department of Defense is responsible; and
``(4)(A) a citation to the source (such as a joint cost
estimate or one or more military department estimates) that
captures the operations and sustainment costs for which a
military department or other element of the Department of
Defense is responsible;
``(B) the date the source was prepared; and
``(C) if and when the source was independently verified by
the Office for Cost Assessment and Program Evaluation.''.
SEC. 1653. MAKING PERMANENT PROHIBITIONS RELATING TO MISSILE
DEFENSE INFORMATION AND SYSTEMS.
Section 130h of title 10, United States Code, is amended by striking
subsection (e).
SEC. 1654. NEXT GENERATION INTERCEPTORS FOR MISSILE DEFENSE OF
UNITED STATES HOMELAND.
(a) Modification to Congressional Notification of Cancellation.--
Section 1668(c) of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81) is amended--
(1) <<NOTE: 135 Stat. 2106.>> in the matter preceding
paragraph (1)--
(A) by striking ``30 days prior to any'' and
inserting ``90 days prior to implementation of a''; and
(B) by striking ``Director'' and inserting
``Secretary of Defense''; and
(2) <<NOTE: 135 Stat. 2107.>> in paragraph (2), by striking
``Director'' and inserting ``Secretary''.
[[Page 136 STAT. 2950]]
(b) <<NOTE: Reports.>> Funding Profile for Increased Deployment.--
Not later than 180 days after the date of the enactment of this Act, the
Director of the Missile Defense Agency shall submit to the congressional
defense committees a report on the funding profile necessary, by fiscal
year, to acquire no fewer than 64 operational next generation
interceptors for the next generation interceptor program.
SEC. 1655. TERMINATION OF REQUIREMENT TO TRANSITION BALLISTIC
MISSILE DEFENSE PROGRAMS TO THE MILITARY
DEPARTMENTS.
Section 1676(b) of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 10 U.S.C. 4205 note) is amended--
(1) in paragraph (1), by striking ``Not'' and inserting
``Except as provided by paragraph (4), not''; and
(2) by adding at the end the following new paragraph:
``(4) Termination of requirement.--The requirement in
paragraph (1) to transfer the authorities specified in such
paragraph shall terminate on the date that is 60 days after the
date on which the Secretary of Defense submits to the
congressional defense committees the report under section
1675(b) of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 2117).''.
SEC. 1656. <<NOTE: Deadlines.>> PERSISTENT CYBERSECURITY
OPERATIONS FOR BALLISTIC MISSILE DEFENSE
SYSTEMS AND NETWORKS.
(a) Plan.--Not later than May 1, 2023, the Director of the Missile
Defense Agency and the Director of Operational Test and Evaluation, in
coordination with the Chairman of the Joint Chiefs of Staff, the
Commander of the United States Cyber Command, and other commanders of
combatant commands and functions of the Joint Staff as appropriate,
shall jointly develop a plan to allow for persistent cybersecurity
operations across all networks and information systems supporting the
missile defense system.
(b) Elements.--The plan under subsection (a) shall include the
following:
(1) <<NOTE: Inventory.>> An inventory of all networks and
information systems that support the missile defense system,
including information about which components or elements of the
networks and information systems are currently configured for
persistent cybersecurity operations.
(2) <<NOTE: Strategy.>> A strategy--
(A) for coordinating with the applicable combatant
commands on persistent cybersecurity operations; and
(B) in which the Director for Operational Test and
Evaluation monitors and reviews such operations and
provides independent assessments of the adequacy and
sufficiency of the operations.
(3) A plan for how the Director of the Missile Defense
Agency will respond to cybersecurity testing recommendations
made by the Director for Operational Test and Evaluation.
(4) <<NOTE: Timeline.>> The timeline required to execute the
plan.
(c) Briefings.--The Director of the Missile Defense Agency and the
Director for Operational Test and Evaluation shall jointly provide to
the congressional defense committees a briefing--
(1) not later than May 15, 2023, on the plan developed under
subsection (a); and
[[Page 136 STAT. 2951]]
(2) not later than December 30, 2023, on progress made
toward implementing such plan.
SEC. 1657. FIRE CONTROL ARCHITECTURES.
(a) <<NOTE: Analysis.>> Fire Control Quality Data Requirement.--In
carrying out the analysis of candidate fire control architectures, the
Secretary of the Air Force shall ensure that the Director of the Space
Warfighting Analysis Center of the Space Force, at a minimum, maintains
the requirements needed for the missile defense command and control,
battle management, and communications system to pass the needed quality
data within the timelines needed for current and planned interceptor
systems to support engagements of ballistic and hypersonic threats as
described in section 1645 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134
Stat. 4062).
(b) <<NOTE: Deadline. Recommenda- tions.>> Briefing.--Not later
than 14 days after the date on which the Director of the Space
Warfighting Analysis Center concludes the analysis of candidate fire
control architectures, the Director shall provide to the Committees on
Armed Services of the House of Representatives and the Senate a briefing
on the results of the analysis, including the findings of the Director
and the architecture recommended by the Director for a future fire
control architecture to support engagement of ballistic and hypersonic
threats.
SEC. 1658. <<NOTE: Iran.>> MIDDLE EAST INTEGRATED AIR AND MISSILE
DEFENSE.
(a) In General.--The Secretary of Defense, in consultation with the
Secretary of State and the Director of the Defense Intelligence Agency,
shall seek to cooperate with allies and partners in the Middle East with
respect to implementing an integrated air and missile defense
architecture to protect the people, infrastructure, and territory of
such countries from cruise and ballistic missiles, manned and unmanned
aerial systems, and rocket attacks from Iran and groups linked to Iran.
(b) Strategy.--
(1) <<NOTE: Deadline.>> In general.--Not later than 180
days after the date of the enactment of this Act, the Secretary,
in consultation with the Secretary of State, shall submit to the
appropriate congressional committees a strategy on cooperation
with allies and partners in the area of responsibility of the
United States Central Command to implement a multinational
integrated air and missile defense architecture to protect the
people, infrastructure, and territory of such countries from
cruise and ballistic missiles, manned and unmanned aerial
systems, and rocket attacks from Iran and groups linked to Iran.
(2) Contents.--The strategy submitted under paragraph (1)
shall include the following:
(A) <<NOTE: Assessment.>> An assessment of the
threat of ballistic and cruise missiles, manned and
unmanned aerial systems, and rocket attacks from Iran
and groups linked to Iran to allies and partners within
the area of responsibility of the United States Central
Command.
(B) A description of current efforts to coordinate
indicators and warnings from such attacks with allies
and partners within such area of responsibility.
(C) <<NOTE: Analysis.>> An analysis of current
integrated air and missile defense systems to defend
against attacks, in coordination with allies and
partners within such area of responsibility.
[[Page 136 STAT. 2952]]
(D) An explanation of how a multinational integrated
air and missile defense architecture would improve
collective security in such area of responsibility.
(E) A description of efforts to engage specified
foreign partners in establishing such an architecture.
(F) An identification of elements of the
multinational integrated air and missile defense
architecture that--
(i) can be acquired and operated by specified
foreign partners; and
(ii) can only be provided and operated by
members of the Armed Forces.
(G) <<NOTE: Assessments.>> An identification of any
challenges in establishing a multinational integrated
air and missile defense architecture with specified
foreign partners, including assessments of the capacity
and capability of specified foreign partners and their
ability to independently operate key technical
components of such an architecture, including radars and
interceptor systems.
(H) <<NOTE: Consultation.>> A description of
relevant consultation with the Secretary of State and
the ways in which such an architecture advances United
States regional diplomatic goals and objectives.
(I) <<NOTE: Recommenda- tions.>> Recommendations for
addressing the challenges identified in subparagraph (G)
so that the strategy can be implemented effectively.
(J) Such other matters as the Secretary considers
relevant.
(3) Protection of sensitive information.--Any activity
carried out under paragraph (1) shall be conducted in a manner
that is consistent with protection of intelligence sources and
methods and appropriately protects sensitive information and the
national security interests of the United States.
(4) Format.--The strategy submitted under paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives.
(3) The Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate.
SEC. 1659. IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM AND ISRAELI
COOPERATIVE MISSILE DEFENSE PROGRAM CO-
DEVELOPMENT AND CO-PRODUCTION.
(a) Iron Dome Short-range Rocket Defense System.--
(1) Availability of funds.--Of the funds authorized to be
appropriated by this Act for fiscal year 2023 for procurement,
Defense-wide, and available for the Missile Defense Agency, not
more than $80,000,000 may be provided to the Government of
Israel to procure components for the Iron Dome short-range
rocket defense system through co-production of such components
in the United States by industry of the United States.
(2) Conditions.--
[[Page 136 STAT. 2953]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> an assessment
detailing any risks relating to the implementation
of such agreement; and
(iii) for system improvements resulting in
modified Iron Dome components and Tamir
interceptor sub-components, a certification that
the Government of Israel has demonstrated
successful completion of Production Readiness
Reviews, including the validation of production
lines, the verification of component conformance,
and the verification of performance to
specification as defined in the Iron Dome Defense
System Procurement Agreement, as further amended.
(b) Israeli Cooperative Missile Defense Program, David's Sling
Weapon System Co-production.--
(1) In general.--Subject to paragraph (3), of the funds
authorized to be appropriated for fiscal year 2023 for
procurement, Defense-wide, and available for the Missile Defense
Agency not more than $40,000,000 may be provided to the
Government of Israel to procure the David's Sling Weapon System,
including for co-production of parts and components in the
United States by United States industry.
(2) Agreement.--Provision of funds specified in paragraph
(1) shall be subject to the terms and conditions in the
bilateral co-production agreement, including--
(A) a one-for-one cash match is made by Israel or in
another matching amount that otherwise meets best
efforts (as mutually agreed to by the United States and
Israel); and
(B) co-production of parts, components, and all-up
rounds (if appropriate) in the United States by United
States industry for the David's Sling Weapon System is
not less than 50 percent.
(3) Certification and assessment.--The Under Secretary of
Defense for Acquisition and Sustainment shall submit to the
appropriate congressional committees--
(A) a certification that the Government of Israel
has demonstrated the successful completion of the
knowledge points, technical milestones, and Production
Readiness Reviews required by the research, development,
and technology agreement and the bilateral co-production
agreement for the David's Sling Weapon System; and
[[Page 136 STAT. 2954]]
(B) an assessment detailing any risks relating to
the implementation of such agreement.
(c) Israeli Cooperative Missile Defense Program, Arrow 3 Upper Tier
Interceptor Program Co-production.--
(1) In general.--Subject to paragraph (2), of the funds
authorized to be appropriated for fiscal year 2023 for
procurement, Defense-wide, and available for the Missile Defense
Agency not more than $80,000,000 may be provided to the
Government of Israel for the Arrow 3 Upper Tier Interceptor
Program, including for co-production of parts and components in
the United States by United States industry.
(2) Certification.--The Under Secretary of Defense for
Acquisition and Sustainment shall submit to the appropriate
congressional committees a certification that--
(A) the Government of Israel has demonstrated the
successful completion of the knowledge points, technical
milestones, and Production Readiness Reviews required by
the research, development, and technology agreement for
the Arrow 3 Upper Tier Interceptor Program;
(B) funds specified in paragraph (1) will be
provided on the basis of a one-for-one cash match made
by Israel or in another matching amount that otherwise
meets best efforts (as mutually agreed to by the United
States and Israel);
(C) the United States has entered into a bilateral
international agreement with Israel that establishes,
with respect to the use of such funds--
(i) in accordance with subparagraph (D), the
terms of co-production of parts and components on
the basis of the greatest practicable co-
production of parts, components, and all-up rounds
(if appropriate) by United States industry and
minimizes nonrecurring engineering and
facilitization expenses to the costs needed for
co-production;
(ii) complete transparency on the requirement
of Israel for the number of interceptors and
batteries that will be procured, including with
respect to the procurement plans, acquisition
strategy, and funding profiles of Israel;
(iii) technical milestones for co-production
of parts and components and procurement;
(iv) a joint affordability working group to
consider cost reduction initiatives; and
(v) joint approval processes for third-party
sales; and
(D) the level of co-production described in
subparagraph (C)(i) for the Arrow 3 Upper Tier
Interceptor Program is not less than 50 percent.
(d) Number.--In carrying out paragraph (2) of subsection (b) and
paragraph (2) of subsection (c), the Under Secretary may submit--
(1) one certification covering both the David's Sling Weapon
System and the Arrow 3 Upper Tier Interceptor Program; or
(2) separate certifications for each respective system.
(e) <<NOTE: Deadline.>> 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
[[Page 136 STAT. 2955]]
later than 30 days before the funds specified in paragraph (1) of
subsections (b) and (c) for the respective system covered by the
certification are provided to the Government of Israel.
(f) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives.
SEC. 1660. <<NOTE: Deadlines.>> INTEGRATED AIR AND MISSILE
DEFENSE ARCHITECTURE FOR DEFENSE OF
GUAM.
(a) Review of Integrated Air and Missile Defense Architecture to
Defend Guam.--
(1) <<NOTE: Contracts. Assessment.>> Requirement.--Not later
than 60 days after the date of enactment of this Act, the
Secretary of Defense shall seek to enter into a contract with a
federally funded research and development center to conduct an
independent assessment of the integrated air and missile defense
architecture to defend Guam.
(2) <<NOTE: Analyses.>> Elements.--The assessment under
paragraph (1) shall include an analysis of each of the
following:
(A) The proposed architecture capability to address
non-ballistic and ballistic missile threats to Guam,
including the sensor, command and control, and
interceptor systems being proposed.
(B) The development and integration risk of the
proposed architecture.
(C) The manning required to operate the proposed
architecture, including the availability of housing and
infrastructure on Guam to support the needed manning
levels.
(3) Submission.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees the assessment under paragraph
(1), without change.
(b) Designation of Official Responsible for Missile Defense of
Guam.--
(1) Designation.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
designate a senior official of the Department of Defense who
shall be responsible for the missile defense of Guam during the
period preceding the date specified in paragraph (5).
(2) Duties.--The duties of the official designated under
paragraph (1) shall include the following:
(A) Designing the architecture of the missile
defense system for defending Guam.
(B) Overseeing development of an integrated missile
defense acquisition strategy for the missile defense of
Guam.
(C) Ensuring the military department and Defense
Agency budgets are appropriate for the strategy
described in subparagraph (B).
(D) Siting the integrated missile defense system
described in subparagraph (B).
(E) Overseeing long-term acquisition and sustainment
of the missile defense system for Guam.
[[Page 136 STAT. 2956]]
(F) Such other duties as the Secretary determines
appropriate.
(3) Program treatment.--The integrated missile defense
system referred to in paragraph (2) shall be designated as
special interest acquisition category 1D program and shall be
managed as consistent with Department of Defense Instruction
5000.85 ``Major Capability Acquisition''.
(4) Report.--Concurrent with the submission of each budget
of the President under section 1105(a) of title 31, United
States Code, during the period preceding the date specified in
paragraph (5), the official designated under paragraph (1) shall
submit to the congressional defense committees a report on the
actions taken by the official to carry out the duties set forth
under paragraph (2).
(5) <<NOTE: Determination.>> Termination.--The authority of
this subsection shall terminate on the date that is three years
after the date on which the official designated under paragraph
(1) determines that the integrated missile defense system
described in paragraph (2) has achieved initial operational
capability.
(c) Procurement.--
(1) Requirement.--Except as provided by paragraph (2), not
later than December 31, 2023, the Secretary of Defense, acting
through the Director of the Missile Defense Agency, shall
rapidly procure and field up to three vertical launching systems
that can accommodate planned interceptors operated by the Navy
(that do not require major modification or integration into the
existing missile defense system), as of the date of enactment of
this Act.
(2) Waiver.--The Secretary may waive the requirement under
paragraph (1) if--
(A) <<NOTE: Determination.>> the Secretary
determines that the waiver is in the best interest of
the national security of the United States;
(B) <<NOTE: Notification.>> the Secretary submits to
the congressional defense committees a notification of
such waiver, including a justification; and
(C) <<NOTE: Time period.>> a period of 120 days has
elapsed following the date of such notification.
SEC. 1661. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS UNTIL
SUBMISSION OF REPORT ON IMPLEMENTATION
OF THE CRUISE MISSILE DEFENSE
ARCHITECTURE FOR THE HOMELAND.
(a) Finding.--Congress finds that the Deputy Secretary of Defense
made the determination that the Department of the Air Force has
acquisition authority with respect to the capability to defend the
homeland from cruise missiles, as required by section 1684(e) of the
National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 10 U.S.C. 4205 note).
(b) Report.--Not later than 120 days after the date of the enactment
of this Act, the Secretary of the Air Force, in coordination with the
Commander of the United States Northern Command, shall submit to the
congressional defense committees a report on the implementation of the
cruise missile defense architecture for the homeland, including--
(1) <<NOTE: Schedule.>> the architecture planned to meet the
requirements of the United States Northern Command and the North
American
[[Page 136 STAT. 2957]]
Aerospace Defense Command, including a schedule for capabilities
being developed and deployed;
(2) <<NOTE: List.>> a list of all programs of record of the
Air Force that contribute to such architecture; and
(3) funding profile by year across the most recent future-
years defense program submitted to Congress under section 221 of
title 10, United States Code, to develop, deploy, operate, and
sustain such architecture.
(c) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2023 for the Department
of the Air Force for travel by the Secretary of the Air Force, not more
than 95 percent may be obligated or expended until the date on which the
Secretary of the Air Force submits the report under subsection (b).
SEC. 1662. STRATEGY TO USE ASYMMETRIC CAPABILITIES TO DEFEAT
HYPERSONIC MISSILE THREATS.
(a) <<NOTE: Deadline.>> Requirement.--Not later than March 1, 2023,
the Secretary of Defense, acting through the Director of the Missile
Defense Agency, shall submit to the congressional defense committees a
comprehensive layered strategy to use asymmetric capabilities to defeat
hypersonic missile threats.
(b) Elements.--The strategy under subsection (a) shall--
(1) address all asymmetric capabilities of the United
States, including with respect to--
(A) directed energy, as described in section 1664 of
the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117-81; 10 U.S.C. 205 note) and
including short-pulse laser technology;
(B) microwave systems;
(C) cyber capabilities; and
(D) any other capabilities determined appropriate by
the Secretary and Director; and
(2) identify the funding required to implement the strategy
during the period covered by the future-years defense program
submitted to Congress under section 221 of title 10, United
States Code, in 2023.
SEC. 1663. PLAN ON DELIVERING SHARED EARLY WARNING SYSTEM DATA TO
CERTAIN ALLIES AND PARTNERS OF THE
UNITED STATES.
(a) Plan.--The Secretary of Defense, with the concurrence of the
Secretary of State and the Director of National Intelligence, shall
develop a technical fielding plan to deliver information under the
Shared Early Warning System regarding a current or imminent missile
threat to allies and partners of the United States that, as of the date
of the plan, do not receive such information.
(b) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the appropriate
congressional committees a report on how rapid technical fielding of the
Shared Early Warning System could be provided to allies and partners of
the United States that--
(1) are not member states of the North Atlantic Treaty
Organization; and
(2) are under current or imminent hostile aggression and
threat of missile attack.
[[Page 136 STAT. 2958]]
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives.
(3) The Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate.
SEC. 1664. REPORTS ON GROUND-BASED INTERCEPTORS.
Not <<NOTE: Time period.>> later than 30 days after the date of the
enactment of this Act, and on a quarterly basis thereafter until the
date on which the next generation interceptor achieves initial operating
capability, the Director of the Missile Defense Agency, with the
concurrence of the Commander of the United States Northern Command,
shall submit to the congressional defense committees a report that
includes the following:
(1) An identification of the number of ground-based
interceptors operationally available to the Commander.
(2) If such number is different from the report previously
submitted under this section, the reasons for such difference.
(3) Any anticipated changes to such number during the period
covered by the report.
SEC. 1665. REPORT ON MISSILE DEFENSE INTERCEPTOR SITE IN
CONTIGUOUS UNITED STATES.
Not later than March 31, 2023, the Secretary of Defense, acting
through the Director of the Missile Defense Agency and in coordination
with the Commander of the United States Northern Command, shall submit
to the congressional defense committees a report containing--
(1) <<NOTE: Assessment.>> an updated assessment of the
requirement for a missile defense interceptor site in the
contiguous United States; and
(2) <<NOTE: New York.>> a funding profile, by year, of the
total costs for the development and construction of such site,
considering the designation of Fort Drum, New York, as the
conditionally designated preferred site.
Subtitle E--Other Matters
SEC. 1671. COOPERATIVE THREAT REDUCTION FUNDS.
(a) Funding Allocation.--Of the $354,394,000 authorized to be
appropriated to the Department of Defense for fiscal year 2023 in
section 301 and made available by the funding table in division D for
the Department of Defense Cooperative Threat Reduction Program
established under section 1321 of the Department of Defense Cooperative
Threat Reduction Act (50 U.S.C. 3711), the following amounts may be
obligated for the purposes specified:
(1) For strategic offensive arms elimination, $6,859,000.
(2) For chemical security and elimination, $14,998,000.
(3) For global nuclear security, $18,088,000.
(4) For biological threat reduction, $225,000,000.
(5) For proliferation prevention, $45,890,000.
(6) For activities designated as Other Assessments/
Administration Costs, $30,763,000.
[[Page 136 STAT. 2959]]
(b) Specification of Cooperative Threat Reduction Funds.--Funds
appropriated pursuant to the authorization of appropriations in section
301 and made available by the funding table in division D for the
Department of Defense Cooperative Threat Reduction Program shall be
available for obligation for fiscal years 2023, 2024, and 2025.
SEC. 1672. DEPARTMENT OF DEFENSE SUPPORT FOR REQUIREMENTS OF THE
WHITE HOUSE MILITARY OFFICE.
(a) Membership on Council on Oversight of the National Leadership
Command, Control, and Communications System.--Section 171a(b) of title
10, United States Code, is amended by--
(1) redesignating paragraph (7) as paragraph (8); and
(2) inserting after paragraph (6) the following new
paragraph (7):
``(7) The Director of the White House Military Office.''.
(b) <<NOTE: Designation. 10 USC 133b note.>> Portfolio Manager.--
The Secretary of Defense, acting through the Under Secretary of Defense
for Acquisition and Sustainment, shall designate a senior official to
coordinate and advocate for the portfolio of national level programs of
the Department of Defense that are either or both--
(1) in direct support of requirements from the White House
Military Office; or
(2) operationally relevant to the mission areas of the White
House Military Office.
(c) Accessibility of Information.--The programmatic and budgetary
information required to assess the efficacy of the national level
programs covered by subsection (b) shall be provided to the senior
official designated under such subsection by the following officials:
(1) The Secretary of each military department.
(2) The Under Secretary of Defense for Policy.
(3) The Under Secretary of Defense for Research and
Engineering.
(4) The Chairman of the Joint Chiefs of Staff.
(5) The Director of Cost Assessment and Program Evaluation.
(d) <<NOTE: Deadline. Determination.>> Annual Briefing.--Not later
than 30 days after the date on which the President submits to Congress a
budget for each of fiscal years 2024 through 2027 pursuant to section
1105(a) of title 31, United States Code, the Under Secretary of Defense
for Acquisition and Sustainment, acting through the senior official
designated under subsection (b), and the personnel of the White House
Military Office that the Director of the White House Military Office
determines appropriate shall jointly provide to the congressional
defense committees a briefing on acquisition programs, plans, and other
activities supporting the requirements of the White House Military
Office.
SEC. 1673. <<NOTE: 50 USC 3373b.>> UNIDENTIFIED ANOMALOUS
PHENOMENA REPORTING PROCEDURES.
(a) Mechanism for Authorized Reporting.--
(1) Establishment.--The Secretary of Defense, acting through
the head of the Office and in consultation with the Director of
National Intelligence, shall establish a secure mechanism for
authorized reporting of--
(A) any event relating to unidentified anomalous
phenomena; and
[[Page 136 STAT. 2960]]
(B) any activity or program by a department or
agency of the Federal Government or a contractor of such
a department or agency relating to unidentified
anomalous phenomena, including with respect to material
retrieval, material analysis, reverse engineering,
research and development, detection and tracking,
developmental or operational testing, and security
protections and enforcement.
(2) Protection of systems, programs, and activity.--The
Secretary <<NOTE: Classified information.>> shall ensure that
the mechanism for authorized reporting established under
paragraph (1) prevents the unauthorized public reporting or
compromise of classified military and intelligence systems,
programs, and related activity, including all categories and
levels of special access and compartmented access programs.
(3) Administration.--The Secretary shall ensure that the
mechanism for authorized reporting established under paragraph
(1) is administered by designated and appropriately cleared
employees of the Department of Defense or elements of the
intelligence community or contractors of the Department or such
elements assigned to the Office.
(4) Sharing of information.--
(A) Prompt sharing within office.--The Secretary
shall ensure that the mechanism for authorized reporting
established under paragraph (1) provides for the sharing
of an authorized disclosure to personnel and supporting
analysts and scientists of the Office (regardless of the
classification of information contained in the
disclosure or any nondisclosure agreements), unless the
employees or contractors administering the mechanism
under paragraph (3) conclude that the preponderance of
information available regarding the disclosure indicates
that the observed object and associated events and
activities likely relate to a special access program or
compartmented access program that, as of the date of the
disclosure, has been explicitly and clearly reported to
the congressional defense committees or the
congressional intelligence committees, and is documented
as meeting those criteria.
(B) <<NOTE: Deadline. Determination.>> Congressional
notification.--Not later than 72 hours after determining
that an authorized disclosure relates to a restricted
access activity, a special access program, or a
compartmented access program that has not been
explicitly and clearly reported to the congressional
defense committees or the congressional intelligence
committees, the Secretary shall report such disclosure
to such committees and the congressional leadership.
(5) Initial report and publication.--Not later than 180 days
after the date of the enactment of this Act, the Secretary,
acting through the head of the Office and in consultation with
the Director of National Intelligence, shall--
(A) submit to the congressional defense committees,
the congressional intelligence committees, and the
congressional leadership a report detailing the
mechanism for authorized reporting established under
paragraph (1); and
(B) <<NOTE: Public information. Guidance.>> issue
clear public guidance for how to securely access the
mechanism for authorized reporting.
(b) Protection for Individuals Making Authorized Disclosures.--
[[Page 136 STAT. 2961]]
(1) Authorized disclosures.--An authorized disclosure--
(A) shall not be subject to a nondisclosure
agreement entered into by the individual who makes the
disclosure;
(B) shall be deemed to comply with any regulation or
order issued under the authority of Executive Order
13526 (50 U.S.C. 3161 note; relating to classified
national security information) or chapter 18 of the
Atomic Energy Act of 1954 (42 U.S.C. 2271 et seq.); and
(C) is not a violation of section 798 of title 18,
United States Code, or other provision of law relating
to the disclosure of information.
(2) Prohibition on reprisals.--
(A) Protection.--An employee of a department or
agency of the Federal Government, or of a contractor,
subcontractor, grantee, subgrantee, or personal services
contractor of such a department or agency, who has
authority to take, direct others to take, recommend, or
approve any personnel action, shall not, with respect to
such authority, take or fail to take, or threaten to
take or fail to take, a personnel action, including the
revocation or suspension of security clearances, or
termination of employment, with respect to any
individual as a reprisal for any authorized disclosure.
(B) Procedures.--The Secretary of Defense and the
Director of National Intelligence shall establish
procedures for the enforcement of subparagraph (A)
consistent with, as appropriate, section 1034 of title
10, United States Code, section 1104 of the National
Security Act of 1947 (50 U.S.C. 3234), or other similar
provisions of law regarding prohibited personnel
actions.
(3) <<NOTE: Records.>> Nondisclosure agreements.--
(A) Identification.--The Secretary of Defense, the
Director of National Intelligence, the Secretary of
Homeland Security, the heads of such other departments
and agencies of the Federal Government that have
supported investigations of the types of events covered
by subparagraph (A) of subsection (a)(1) and activities
and programs described in subparagraph (B) of such
subsection, and contractors of the Federal Government
that have supported or are supporting such activities
and programs, shall conduct comprehensive searches of
all records relating to nondisclosure orders relating to
the types of events described in subsection (a) and
provide copies of such orders, agreements, or
obligations to the Office.
(B) Submission to congress.--The head of the Office
shall--
(i) make the records compiled under
subparagraph (A) accessible to the congressional
defense committees, the congressional intelligence
committees, and the congressional leadership; and
(ii) <<NOTE: Briefings. Reports.>> not later
than September 30, 2023, and at least once each
fiscal year thereafter through fiscal year 2026,
provide to such committees and congressional
leadership briefings and reports on such records.
(c) Annual Reports.--Section 1683 of the National Defense
Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373) is amended--
[[Page 136 STAT. 2962]]
(1) by striking ``aerial'' each place it appears and
inserting ``anomalous'';
(2) in subsection (h)--
(A) in paragraph (1), by inserting ``and the
congressional leadership'' after ``appropriate
congressional committees''; and
(B) in paragraph (2), by adding at the end the
following new subparagraph:
``(Q) <<NOTE: Summary.>> A summary of the reports
received using the mechanism for authorized reporting
established under section 1673 of the James M. Inhofe
National Defense Authorization Act for Fiscal Year
2023.''; and
(3) in subsection (l)--
(A) by redesignating paragraphs (2) through (5) as
paragraphs (3) through (6), respectively; and
(B) by inserting after paragraph (1) the following
new paragraph (2):
``(2) The term `congressional leadership' means--
``(A) the majority leader of the Senate;
``(B) the minority leader of the Senate;
``(C) the Speaker of the House of Representatives;
and
``(D) the minority leader of the House of
Representatives.''.
(d) Definitions.--In this section:
(1) The term ``authorized disclosure'' means a report of any
information through, and in compliance with, the mechanism for
authorized reporting established pursuant to subsection (a)(1).
(2) The term ``congressional intelligence committees'' has
the meaning given such term in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).
(3) The term ``congressional leadership'' means--
(A) the majority leader of the Senate;
(B) the minority leader of the Senate;
(C) the Speaker of the House of Representatives; and
(D) the minority leader of the House of
Representatives.
(4) The term ``intelligence community'' has the meaning
given such term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
(5) The term ``nondisclosure agreement'' means any written
or oral nondisclosure agreement, order, or other instrumentality
or means entered into by an individual that could be interpreted
as a legal constraint on the individual making an authorized
disclosure.
(6) The term ``Office'' means the All-domain Anomaly
Resolution Office established pursuant to section 1683(a) of the
National Defense Authorization Act for Fiscal Year 2022 (50
U.S.C. 3373(a)).
(7) The term ``personnel action'' has the meaning given such
term in section 1104(a) of the National Security Act of 1947 (50
U.S.C. 3234(a)).
(8) The term ``unidentified anomalous phenomena'' has the
meaning given such term in section 1683(n) of the National
Defense Authorization Act for Fiscal Year 2022 (50 U.S.C.
3373(l)).
[[Page 136 STAT. 2963]]
SEC. 1674. STUDY OF WEAPONS PROGRAMS THAT ALLOW ARMED FORCES TO
ADDRESS HARD AND DEEPLY BURIED TARGETS.
(a) <<NOTE: Deadline.>> Study.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense, in
coordination with the Chairman of the Joint Chiefs of Staff, the
Commander of the United States Strategic Command, and the Administrator
for Nuclear Security, and in consultation with the Director of National
Intelligence, shall submit to the congressional defense committees a
study on options to hold at risk hard and deeply buried targets.
(b) Elements.--The study under subsection (a) shall include the
following:
(1) <<NOTE: Analysis.>> An analysis of the current and
emerging hard and deeply buried target mission set and
associated military requirements, including--
(A) the number and locations of the targets,
including facilities designed for the storage or
manufacture of nuclear, chemical, or biological weapons
and the precursors of such weapons;
(B) an identification of likely future trajectories
in the worldwide use and proliferation of hard and
deeply buried targets;
(C) the associated military requirements, including
the importance of effectively holding hard and deeply
buried targets at risk in order to meet the national
security objectives of the United States; and
(D) <<NOTE: Evaluation.>> an evaluation of the
sufficiency of current and planned nuclear and
nonnuclear military capabilities to satisfy such
requirements.
(2) <<NOTE: Evaluation.>> An evaluation of weapons programs
that would allow the Armed Forces to effectively hold hard and
deeply buried targets at risk, including--
(A) <<NOTE: Determination.>> any nuclear or
nonnuclear weapon and delivery system the Secretary
determines appropriate, including the cost, timeline for
fielding, and likely effectiveness of any capability
under consideration; and
(B) <<NOTE: Assessment.>> an assessment of a service
life extension or modification program of the B83
nuclear gravity bomb as one of the options.
(3) <<NOTE: Strategy.>> A proposed strategy for fielding
such capabilities in sufficient quantities and making other
adjustments to the strategy and plans of the United States to
account for the growing hard and deeply buried target set,
including--
(A) the resources, research and development efforts,
and capability options needed; and
(B) <<NOTE: Time period.>> a five-year funding
profile for, at a minimum--
(i) a preferred capability; and
(ii) an alternative capability evaluated under
paragraph (2) that meets the requirements under
paragraph (1).
(c) Form.--The study under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
(d) <<NOTE: Deadline. Recommenda- tions.>> Briefing.--Not later
than 30 days after the date on which the Secretary completes the study
under subsection (a), the Secretary shall provide the Committees on
Armed Services of the
[[Page 136 STAT. 2964]]
House of Representatives and the Senate a briefing on the findings and
recommendations of the study.
(e) <<NOTE: Effective date.>> Limitation on Use of Funds.--Except
as provided by subsection (f), none of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal year
2023 for the Department of Defense or the Department of Energy for the
deactivation, dismantlement, or retirement of the B83-1 nuclear gravity
bomb may be obligated or expended to deactivate, dismantle, or retire
more than 25 percent of the B83-1 nuclear gravity bombs that were in the
active stockpile as of September 30, 2022, until 90 days after the
Secretary submits to the Committees on Armed Services of the Senate and
the House of Representatives the study under subsection (a).
(f) Exception.--The limitation on the use of funds under subsection
(e) shall not apply to the deactivation, dismantling, or retirement of
B83-1 nuclear gravity bombs for the purpose of supporting safety and
surveillance, sustainment, life extension, or modification programs for
the B83-1 or other weapons currently in, or planned to become part of,
the nuclear weapons stockpile of the United States.
TITLE XVII--MUNITIONS REPLENISHMENT AND FUTURE PROCUREMENT
TITLE XVII--MUNITIONS REPLENISHMENT AND FUTURE PROCUREMENT
Sec. 1701. Annual report on industrial base constraints for munitions.
Sec. 1702. Modification to Special Defense Acquisition Fund.
Sec. 1703. Quarterly briefings on replenishment and revitalization of
weapons provided to Ukraine.
Sec. 1704. Assessment of requirements and acquisition objectives for
Patriot air and missile defense battalions.
Sec. 1705. Independent assessment of department of defense capability
and capacity needs for munitions production and stockpiling.
SEC. 1701. ANNUAL REPORT ON INDUSTRIAL BASE CONSTRAINTS FOR
MUNITIONS.
(a) Briefing on Fulfillment of Munitions Requirements.--Not later
than 30 days after the date of the enactment of this Act, the Secretary
of Defense and the Chairman of the Joint Chiefs of Staff shall provide
to the congressional defense committees a briefing regarding the current
process for fulfilling the requirements of section 222c of title 10,
United States Code, including a description of the timeliness of the
process and any standardization of such process across the Department of
Defense.
(b) Briefing on Revision of Requirements.--Not later than 30 days
after the date of the enactment of this Act, the Secretary of Defense
and the Chairman of the Joint Chiefs of Staff shall provide to the
congressional defense committees a briefing regarding the timeline for
revision of munitions requirements generated by section 222c of title
10, United States Code as a result of actions taken in response to the
conflict in Ukraine.
(c) Additional Report Requirements on Out-Year Unconstrained Total
Munitions Requirements and Out-Year Inventory Numbers.--Section 222c of
title 10, United States Code, is amended--
(1) in subsection (c), by adding at the end the following
new paragraph:
[[Page 136 STAT. 2965]]
``(8) Requirement for Protracted Warfare Scenarios,
calculated by doubling the duration of each applicable operation
plan.'';
(2) by redesignating subsection (e) as subsection (f); and
(3) by inserting after subsection (d) the following new
subsection:
``(e) <<NOTE: Time periods.>> Additional Requirements.--Each report
required under subsection (a) shall include the following:
``(1) The number of years required to meet the Out-Year
Unconstrained Total Munitions Requirement at the rate requested
for the fiscal year covered by the report.
``(2) The average rate of procurement during the three-year
period preceding the date of the submission of the report, and
the number of years required to meet the Out-Year Unconstrained
Total Munitions Requirement at such three-year average rate.
``(3) The additional amount of funding that would be
required, for each fiscal year, to meet the Out-Year
Unconstrained Total Munitions Requirement for each munition by
the end of the period covered by the most recent future-years
defense program submitted to Congress pursuant to section 221 of
this title.''.
(d) Annual Report on Industrial Base Constraints for Munitions.--
(1) In general.--Chapter 9 of title 10, United States Code,
is amended by inserting after section 222c the following new
section:
``Sec. 222d. <<NOTE: 10 USC 222d.>> Annual report on industrial
base constraints for munitions
``(a) In General.--Not later than 30 days after the submission of
all reports required under section 222c(a) of this title, the Under
Secretary of Defense for Acquisition and Sustainment, in coordination
with the service acquisition executive of each military department,
shall submit to the congressional defense committees a report detailing
the industrial base constraints for each munition identified in the Out-
Year Unconstrained Total Munitions Requirement.
``(b) Elements.--The report required under subsection (a) shall
include the following elements, broken down by munition:
``(1) Programmed purchase quantities per year.
``(2) Average procurement unit cost per year.
``(3) Contract type.
``(4) Current minimum sustaining rate of production per
month and year.
``(5) Current maximum rate of production per month and year.
``(6) Expected date to meet the Out-Year Unconstrained Total
Munitions Requirement in section 222c of this title under the
programmed purchase quantities established for the period
covered by the report.
``(7) A description of industrial base constraints on
increased production of each munition, including any supply
chain weaknesses.
``(8) A description of investments or policy changes made by
a defense contractor or by the United States Government to
increase production, enable more efficient production, or
mitigate significant loss of stability in potential production.
[[Page 136 STAT. 2966]]
``(9) A description of potential investments or policy
changes identified by a defense contractor or the United States
Government to increase munitions production, enable more
efficient production, or mitigate significant loss of stability
in potential production, including--
``(A) direct investments in test and tooling
equipment, workforce development, or improvements to
existing production facilities;
``(B) a pool of rotable critical components or
subcomponents for munitions;
``(C) multiyear contracts or other contracting
strategies;
``(D) direct investments in components,
subcomponents, or raw materials commonly used across the
industrial base;
``(E) direct investments in additive manufacturing
or expeditionary manufacturing capabilities;
``(F) direct investments in simplification of supply
chains; and
``(G) direct investments in technologies or methods
to enable increased scalability and reduced complexity
of production processes for current or future munitions.
``(10) <<NOTE: List.>> A list of each contract for a
munition with a priority rating of `critical to national
defense' (commonly referred to as a `DO-rated order') or a
priority rating of `highest national defense urgency' (commonly
referred to as a `DX-rated order') in the Defense Priorities and
Allocation System pursuant to part 700 of title 15, Code of
Federal Regulations (or any successor regulation).
``(11) <<NOTE: List.>> A prioritized list of munitions
judged to have high value for export for which additional
investments would be necessary to enable export, including a
description of such investments required.
``(12) <<NOTE: List.>> A list of munitions subject to the
requirements of chapter 2 of the Arms Export Control Act (22
U.S.C. 2761 et seq.) relating to foreign military sales that are
anticipated to be exported based on developments in the conflict
in Ukraine.
``(c) Munition Defined.--In this section, the term `munition' has
the meaning given by the Under Secretary of Defense for Acquisition.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 9 of title 10, United States <<NOTE: 10
USC prec. 221.>> Code, is amended by inserting after the item
relating to section 222c the following new item:
``222d. Annual report on industrial base constraints for munitions.''.
SEC. 1702. MODIFICATION TO SPECIAL DEFENSE ACQUISITION FUND.
Section 114(c)(1) of title 10, United States Code, is amended by
striking ``$2,500,000,000'' and inserting ``$3,500,000,000''.
SEC. 1703. QUARTERLY BRIEFINGS ON REPLENISHMENT AND REVITALIZATION
OF WEAPONS PROVIDED TO UKRAINE.
(a) Briefings on Covered Systems.--The Secretary of Defense shall
provide to the congressional defense committees quarterly briefings on
the progress of the Department of Defense toward--
(1) replenishing the inventory of covered systems;
(2) expanding the production capacity of covered systems;
and
[[Page 136 STAT. 2967]]
(3) increasing the resilience of the production capacity of
covered systems.
(b) Grouping of Covered Systems.--For each briefing required under
subsection (a), the Secretary of Defense may group covered systems
together based on the relevant capabilities of such covered systems.
(c) Elements.--Each briefing required under subsection (a) shall
include, with respect to the period covered by such briefing, the
following:
(1) A description of any reprogramming carried out in
accordance with established procedures for each covered system,
with appropriate notation for--
(A) the number of the replenishment tranche; and
(B) <<NOTE: Determination.>> a determination of
whether each such reprogramming--
(i) replaces covered systems;
(ii) expands production capacity of covered
systems; or
(iii) increases the resilience of the
production capacity of covered systems.
(2) A description of obligations applied to each covered
system and expected timeline for future obligations.
(3) A description of current and future production capacity
for each covered system, broken down by month and calendar year.
(4) A description of expected delivery of covered systems to
the Department of Defense.
(5) <<NOTE: Estimate.>> To the extent practicable, with
respect to the total number of covered systems provided during
the period covered by the briefing, an estimate for the timing
of the delivery of at least 50 percent of the replenishment
articles for a covered system and the delivery of 100 percent of
such replenishment articles, compared to the number of covered
systems provided.
(6) A description of overall actual and expected obligation
rates for all reprogrammings applied to covered systems.
(7) A description of any other investments made that
significantly affect the replenishment timeline or production
capacity of the covered systems.
(8) A description of remaining industrial base risks or
opportunities for increased competition for each covered system
and detailed options to mitigate such risks or expand
competition, including any changes necessary to authorities to
enable risk reduction or expanded competition.
(9) <<NOTE: Time period.>> To the extent practicable, a
comparison of the expected inventory of covered systems over the
next 5 years compared to the requirements set forth under
section 222c of title 10, United States Code.
(d) Briefings on Stocks of Allies and Partners.--The Secretary of
Defense shall provide to the congressional defense committees, the
Committee on Foreign Affairs of the House of Representatives, and the
Committee on Foreign Relations of the Senate quarterly briefings that
include the following:
(1) <<NOTE: Timeline. Budget estimate.>> A timeline and
budgetary estimate for developing and procuring replacement
stocks of covered systems for allies and partner countries of
the United States.
[[Page 136 STAT. 2968]]
(2) <<NOTE: Update.>> An update on the efforts of the
Department to work with such allies and partner countries to
advance the replenishment of munitions stocks for such allies
and partners that have provided, or are contemplating providing,
such stocks to Ukraine.
(e) Termination.--This section and the requirements of this section
shall terminate on December 31, 2026.
(f) Covered System Defined.--In this section, the term ``covered
system'' means any system provided to the Government of Ukraine pursuant
to any of the following:
(1) Section 506 of the Foreign Assistance Act of 1961 (22
U.S.C. 2318).
(2) Section 614 of the Foreign Assistance Act of 1961 (22
U.S.C. 2364).
(3) The Ukraine Security Assistance Initiative established
under section 1250 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1068), including
as amended by this Act, if such system was provided to Ukraine
after February 24, 2022.
SEC. 1704. ASSESSMENT OF REQUIREMENTS AND ACQUISITION OBJECTIVES
FOR PATRIOT AIR AND MISSILE DEFENSE
BATTALIONS.
(a) <<NOTE: Deadline. Validation. Determination.>> Assessment.--Not
later than 120 days after the date of the enactment of this Act, the
Secretary of the Army shall assess and validate the current and
projected battalion and interceptor requirements and acquisition
objectives for the Patriot air and missile defense system and Patriot
advanced capability-3 missile segment enhancement missiles to determine
whether such requirements and objectives are sufficient to meet the
requests for forces, war plans, and contingency requirements of the
commanders of the geographic combatant commands.
(b) Report.--Not later than 30 days after the date on which the
Secretary completes the assessment under subsection (a), the Secretary
shall submit to the congressional defense committees a report on the
assessment, including whether the requirements and acquisition
objectives described in such subsection--
(1) are sufficient to meet the requests for forces, war
plans, and contingency requirements of the commanders of the
geographic combatant commands; and
(2) are valid or should be modified.
(c) Authority.--Subject to the availability of appropriations for
such purpose, the Secretary of the Army may procure up to four
additional Patriot air and missile defense battalions to achieve a total
of up to 20 such battalions.
SEC. 1705. <<NOTE: Analyses.>> INDEPENDENT ASSESSMENT OF
DEPARTMENT OF DEFENSE CAPABILITY AND
CAPACITY NEEDS FOR MUNITIONS PRODUCTION
AND STOCKPILING.
(a) <<NOTE: Deadlines. Contracts.>> In General.--Not later than 90
days after the date of the enactment of this Act, the Secretary of
Defense shall seek to enter into an agreement with an appropriate
federally funded research and development center for the conduct of a
detailed independent analysis of the extent to which the process used by
the chief of staff of an armed force to implement the Out-Year
Unconstrained Total Munitions Requirement required under section 222c of
title 10, United States Code, properly accounts for current and future
requirements for the weapons described in subsection
[[Page 136 STAT. 2969]]
(c). Such an agreement shall provide that an analysis conducted pursuant
to the agreement shall be completed within 180 days after the date on
which such agreement was entered into.
(b) Matters for Consideration.--An analysis conducted pursuant to an
agreement under subsection (a) shall include a consideration of each of
the following with respect to each weapon described in subsection (c):
(1) The sufficiency of efforts to implement section 222c of
title 10, United States Code, including--
(A) whether the views of the commanders of each
combatant command are adequately represented;
(B) whether contributions by allies and partner
countries are adequately represented;
(C) whether excursions beyond the operational plans,
including the potential of protracted warfare, are
adequately represented;
(D) the potential of simultaneous conflicts; and
(E) the degree to which the elements of section
222c(c) of title 10, United States Code, are appropriate
functional categories.
(2) <<NOTE: Recommenda- tions.>> Any recommendations that
could be beneficial to the overall implementation of such
section 222c.
(c) Weapons Described.--The weapons described in this subsection are
the following:
(1) Evolved sea sparrow missile.
(2) MK-48 heavyweight torpedo.
(3) Standard missile variants (including standard missile-6,
standard missile-3 block IIA, and standard missile-3 block IIA).
(4) Patriot guided missiles.
(5) Terminal high altitude area defense interceptors.
(6) Guided and ballistic missiles fired from the multiple-
launch rocket system (MLRS) or the high mobility artillery
rocket system (HIMARS).
(7) Javelin missile.
(8) Stinger missile.
(9) Air intercept missile (AIM)-9X-Sidewinder.
(10) AIM-120D--Advanced medium range air-to-air missile
(AMRAAM).
(11) Air to ground (AGM)-114--hellfire missile.
(12) Joint direct attack munition.
(13) Tomahawk land attack missile.
(14) Maritime strike tomahawk.
(15) Long range anti-ship missile.
(16) Naval strike missile.
(17) Joint air-to-surface standoff missile extended range.
(18) Harpoon anti-ship missile.
(19) Naval mines.
(20) <<NOTE: Determination.>> Any other weapon that the
Secretary of Defense or the federally funded research and
development center determine should be included in the analysis.
(d) Report.--
(1) In general.--Not later than 210 days after entering into
an agreement under subsection (a), the Secretary of Defense
shall submit to the congressional defense committees--
(A) a complete independent assessment of the
analysis completed pursuant to the agreement; and
[[Page 136 STAT. 2970]]
(B) any views from the Department of Defense the
Secretary chooses to include.
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
DIVISION <<NOTE: Military Construction Authorization Act for Fiscal Year
2023.>> B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division and title XLVI of division D may be cited as the
``Military Construction Authorization Act for Fiscal Year 2023''.
SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVII for military construction projects, land acquisition,
family housing projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment Program (and
authorizations of appropriations therefor) shall expire on the later
of--
(1) October 1, 2025; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2026.
(b) Exception.--Subsection (a) shall not apply to authorizations for
military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic Treaty
Organization Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have been
obligated before the later of--
(1) October 1, 2025; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2026 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization Security
Investment Program.
SEC. 2803. EFFECTIVE DATE AND AUTOMATIC EXECUTION OF CONFORMING
CHANGES TO TABLES OF SECTIONS, TABLES OF
CONTENTS, AND SIMILAR TABULAR ENTRIES.
(a) <<NOTE: 10 USC 2687 note.>> Effective Date.--Titles XXI through
XXVII shall take effect on the later of--
(1) October 1, 2022; or
(2) the date of the enactment of this Act.
(b) <<NOTE: 10 USC 102 note.>> Elimination of Need for Certain
Separate Conforming Amendments.--
(1) Automatic execution of conforming changes.--When an
amendment made by a provision of this division to a covered
defense law adds a section or larger organizational unit to the
covered defense law, repeals or transfers a section or larger
organizational unit in the covered defense law, or amends the
designation or heading of a section or larger organizational
unit in the covered defense law, that amendment also shall have
the effect of amending any table of sections, table of contents,
or similar table of tabular entries in the
[[Page 136 STAT. 2971]]
covered defense law to alter the table to conform to the changes
made by the amendment.
(2) Exceptions.--Paragraph (1) shall not apply to an
amendment described in such paragraph when--
(A) the amendment, or a separate clerical amendment
enacted at the same time as the amendment, expressly
amends a table of sections, table of contents, or
similar table of tabular entries in the covered defense
law to alter the table to conform to the changes made by
the amendment; or
(B) the amendment otherwise expressly exempts itself
from the operation of this section.
(3) Covered defense law defined.--In this subsection, the
term ``covered defense law'' means--
(A) titles 10, 32, and 37 of the United States Code;
(B) any national defense authorization Act or
military construction authorization Act that authorizes
funds to be appropriated for a fiscal year to the
Department of Defense; and
(C) any other law designated in the text thereof as
a covered defense law for purposes of application of
this section.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Demolition of District of Columbia Fort McNair Quarters 4,
13, and 15.
Sec. 2105. Modification of authority to carry out fiscal year 2019
project at Camp Tango, Korea.
Sec. 2106. Extension and modification of authority to carry out certain
fiscal year 2018 projects.
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2103(a) and available
for military construction projects inside the United States as specified
in the funding table in section 4601, the Secretary of the Army may
acquire real property and carry out military construction projects for
the installations or locations inside the United States, and in the
amounts, set forth in the following table:
Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama........................................ Redstone Arsenal.............................. $102,000,000
Alaska......................................... Fort Wainwright............................... $99,000,000
Colorado....................................... Fort Carson................................... $14,200,000
Hawaii......................................... Fort Shafter.................................. $33,000,000
Schofield Barracks............................ $159,000,000
Tripler Army Medical Center................... $38,000,000
Louisiana...................................... Fort Polk..................................... $32,000,000
Maryland....................................... Aberdeen Proving Ground....................... $85,000,000
[[Page 136 STAT. 2972]]
Mississippi.................................... Engineer Research and Development Center...... $20,000,000
New Jersey..................................... Picatinny Arsenal............................. $15,654,000
New York....................................... Fort Drum..................................... $3,600,000
North Carolina................................. Fort Bragg.................................... $34,000,000
Pennsylvania................................... Letterkenny Army Depot........................ $38,000,000
Texas.......................................... Corpus Christi Army Depot..................... $103,000,000
Fort Bliss.................................... $15,000,000
Fort Hood..................................... $19,000,000
Washington..................................... Joint Base Lewis-McChord...................... $49,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2103(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the
Army may acquire real property and carry out military construction
projects for the installations outside the United States, and in the
amounts, set forth in the following table:
Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
Germany........................................ East Camp Grafenwoehr......................... $168,000,000
Japan.......................................... Kadena Air Force Base......................... $80,000,000
Kwajalein..................................... Kwajalein Atoll.............................. $69,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2103(a) and
available for military family housing functions as specified in the
funding table in section 4601, the Secretary of the Army may construct
or acquire family housing units (including land acquisition and
supporting facilities) at the installation, in the number of units or
for the purpose, and in the amount set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Germany................................ Baumholder................. Family Housing New $81,000,000
Construction............
Italy.................................. Vincenza................... Family Housing New $95,000,000
Construction............
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2103(a)
[[Page 136 STAT. 2973]]
and available for military family housing functions as specified in the
funding table in section 4601, the Secretary of the Army may carry out
architectural and engineering services and construction design
activities with respect to the construction or improvement of family
housing units in an amount not to exceed $17,339,000.
SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated for fiscal years beginning after September 30, 2022, for
military construction, land acquisition, and military family housing
functions of the Department of the Army as specified in the funding
table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2101 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 4601.
SEC. 2104. DEMOLITION OF DISTRICT OF COLUMBIA FORT MCNAIR QUARTERS
4, 13, AND 15.
<<NOTE: Deadline.>> Not later than one year after the date on which
all the individuals occupying District of Columbia Fort McNair Quarters
4, 13, and 15, as of the date of the enactment of this Act, have moved
out of such Quarters, the Secretary of the Army shall demolish such
Quarters.
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2019
PROJECT AT CAMP TANGO, KOREA.
In the case of the authorization contained in the table in section
2101(b) of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (division B of Public Law 115-232; 132 Stat. 2242) for
Camp Tango, Korea, for construction of a command and control facility at
the installation, the Secretary of the Army may increase scope for a
dedicated, enclosed egress pathway out of the underground facility to
facilitate safe escape in case of fire.
SEC. 2106. EXTENSION AND MODIFICATION OF AUTHORITY TO CARRY OUT
CERTAIN FISCAL YEAR 2018 PROJECTS.
(a) Extension of Authority to Carry Out Certain Fiscal Year 2018
Projects.--
(1) Extension.--(A) Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2018
(division B of Public Law 115-91; 131 Stat. 1817), the
authorization set forth in the table in subparagraph (B), as
provided in section 2101(b) of that Act (131 Stat. 1819), shall
remain in effect until October 1, 2023, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2024, whichever is later.
(B) The table referred to in subparagraph (A) is as follows:
[[Page 136 STAT. 2974]]
Army: Extension of 2018 Project Authorization
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Korea................................. Kunsan Air Base........... Unmanned Aerial Vehicle $53,000,000
Hangar..................
----------------------------------------------------------------------------------------------------------------
(2) Army family housing.--(A) Notwithstanding section 2002
of the Military Construction Authorization Act for Fiscal Year
2018 (division B of Public Law 115-91; 131 Stat. 1817), the
authorization set forth in the table in subparagraph (B), as
provided in section 2102 of that Act (131 Stat. 1820), shall
remain in effect until October 1, 2023, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2024, whichever is later.
(B) The table referred to in subparagraph (A) is as follows:
Army: Extension of 2018 Project Authorization
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Kwajalein............................. Kwajalein Atoll........... Family Housing $31,000,000
Replacement Construction
----------------------------------------------------------------------------------------------------------------
(b) Modification of Authority to Carry Out Certain Fiscal Year 2018
Projects.--
(1) Kunsan air base, korea.--In the case of the
authorization contained in the table in section 2101(b) of the
Military Construction Authorization Act for Fiscal Year 2018
(division B of Public Law 115-91; 131 Stat. 1819) for Kunsan Air
Base, Korea, for construction of an Unmanned Aerial Vehicle
Hangar at the installation, the Secretary of the Army may--
(A) construct the hangar at Camp Humphries, Korea;
and
(B) remove primary scope associated with the
relocation of the air defense artillery battalion
facilities to include a ground based missile defense
equipment area, fighting positions, a missile resupply
area air defense artillery facility, a ready building
and command post, a battery command post area, a safety
shelter, and a guard booth.
(2) Kwajalein atoll, hwajalein.--Section 2879(a)(1)(A) of
the Military Construction Authorization Act for Fiscal Year 2018
(division B of Public Law 115-91; 131 Stat. 1874) is amended by
striking ``at least 26 family housing units'' and inserting
``not more than 26 family housing units''.
[[Page 136 STAT. 2975]]
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Authorization of appropriations, Navy.
Sec. 2204. Extension of authority to carry out certain fiscal year 2018
project.
Sec. 2205. Transfer of customers from Navy electrical utility system at
former Naval Air Station Barber's Point, Hawaii, to new
electrical system in Kalaeloa, Hawaii.
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2203(a) and available
for military construction projects inside the United States as specified
in the funding table in section 4601, the Secretary of the Navy may
acquire real property and carry out military construction projects for
the installations or locations inside the United States, and in the
amounts, set forth in the following table:
Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State or Territory Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California.................................. Marine Corps Air Ground Combat Center Twentynine $137,235,000
Palms...........................................
Marine Corps Base Camp Pendleton................. $145,079,000
Marine Corps Recruit Depot San Diego............. $94,848,000
Naval Air Station Lemoore........................ $247,633,000
Naval Base Point Loma Annex...................... $64,353,000
Naval Base San Diego............................. $151,278,000
Naval Surface Warfare Center Corona Division..... $17,100,000
Connecticut................................. Naval Submarine Base New London.................. $17,686,000
Florida..................................... Naval Air Station Jacksonville................... $100,570,000
Naval Air Station Whiting Field.................. $228,001,000
Georgia..................................... Naval Submarine Base Kings Bay................... $309,102,000
Guam........................................ Marine Corps Base Camp Blaz...................... $419,745,000
Hawaii...................................... Joint Base Pearl Harbor-Hickam................... $3,780,475,000
Marine Corps Base Kaneohe Bay.................... $100,206,000
Maryland.................................... Naval Surface Warfare Center Carderock Division.. $2,363,000
Naval Surface Warfare Center Indian Head Division $10,155,000
Nevada...................................... Naval Air Station Fallon......................... $159,866,000
North Carolina.............................. Marine Corps Air Station Cherry Point............ $44,830,000
Marine Corps Air Station New River............... $240,084,000
Marine Corps Base Camp Lejeune................... $54,122,000
Pennsylvania................................ Naval Surface Warfare Center Philadelphia $92,547,000
Division........................................
South Carolina.............................. Marine Corps Recruit Depot Parris Island......... $166,930,000
Virginia.................................... Naval Station Norfolk............................ $19,224,000
Naval Surface Warfare Center Dahlgren Division... $2,853,000
Washington.................................. Naval Air Station Whidbey Island................. $120,340,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2203(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the
Navy may acquire real property and carry out military construction
projects for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
[[Page 136 STAT. 2976]]
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Australia................................... Royal Australian Air Force Base Darwin........... $258,831,000
Djibouti.................................... Camp Lemonnier................................... $122,107,000
Japan....................................... Kadena Air Base.................................. $222,756,000
Spain....................................... Naval Station Rota............................... $92,323,000
----------------------------------------------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2203(a) and
available for military family housing functions as specified in the
funding table in section 4601, the Secretary of the Navy may construct
or acquire family housing units (including land acquisition and
supporting facilities) at the installations or locations, in the number
of units or for the purposes, and in the amounts set forth in the
following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
Location Installation Units or Purpose Amount
----------------------------------------------------------------------------------------------------------------
Guam................................... Naval Support Activity Family housing new $289,776,000
Anderson.................. construction............
......................... ...............
----------------------------------------------------------------------------------------------------------------
(b) Improvements to Military Family Housing Units.--Subject to
section 2825 of title 10, United States Code, and using amounts
appropriated pursuant to the authorization of appropriations in section
2203(a) and available for military family housing functions as specified
in the funding table in section 4601, the Secretary of the Navy may
improve existing military family housing units in an amount not to
exceed $74,540,000.
(c) Planning and Design.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2203(a) and available for
military family housing functions as specified in the funding table in
section 4601, the Secretary of the Navy may carry out architectural and
engineering services and construction design activities with respect to
the construction or improvement of family housing units in an amount not
to exceed $14,123,000.
SEC. 2203. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated for fiscal years beginning after September 30, 2022, for
military construction, land acquisition, and military family housing
functions of the Department of the Navy, as specified in the funding
table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2201 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 4601.
[[Page 136 STAT. 2977]]
SEC. 2204. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2018 PROJECT.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2018 (division B of
Public Law 115-91; 131 Stat. 1817), the authorization set forth in the
table in subsection (a), as provided in section 2201(a) of that Act (131
Stat. 1822), shall remain in effect until October 1, 2023, or the date
of the enactment of an Act authorizing funds for military construction
for fiscal year 2024, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Navy: Extension of 2018 Project Authorization
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Guam.................................. Joint Region Marianas..... Navy-Commercial Tie-in $37,180,000
Hardening...............
----------------------------------------------------------------------------------------------------------------
SEC. 2205. TRANSFER OF CUSTOMERS FROM NAVY ELECTRICAL UTILITY
SYSTEM AT FORMER NAVAL AIR STATION
BARBER'S POINT, HAWAII, TO NEW
ELECTRICAL SYSTEM IN KALAELOA, HAWAII.
(a) In General.--Subject to the availability of appropriations for
such purpose, the Secretary of the Navy shall pay the reasonable costs
to transfer all customers off of the electrical utility system of the
Navy located at former Naval Air Station Barber's Point, Hawaii, to the
new electrical system in Kalaeloa, Hawaii, operated by Hawaiian
Electric.
(b) Cooperative Agreement or Other Instrument.--The Secretary of the
Navy may enter into a cooperative agreement or other appropriate
instrument with a third party--
(1) to make amounts available to pay the reasonable costs of
transfers described in subsection (a); and
(2) <<NOTE: Reimbursement.>> to reimburse the third party
for the reasonable costs that it may incur to carry out
paragraph (1).
(c) Facilitation of Transfer.--To facilitate the transfer of
customers described in subsection (a), the Secretary of the Navy shall
provide the following to the State of Hawaii:
(1) <<NOTE: Analysis.>> A load analysis and design
necessary to complete such transfer.
(2) <<NOTE: Easements.>> Such rights of way and easements
as may be necessary to support the construction of replacement
electrical infrastructure.
(d) Disposal of Navy Electrical System.--Subject to the availability
of appropriations for such purpose, after all customers have been
transferred as required under subsection (a), the Secretary of the Navy
may dispose of the electrical system of the Navy located at former Naval
Air Station Barber's Point, Hawaii.
[[Page 136 STAT. 2978]]
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Authorization of appropriations, Air Force.
Sec. 2304. Extension of authority to carry out certain fiscal year 2018
projects.
Sec. 2305. Modification of authority to carry out certain fiscal year
2021 project.
Sec. 2306. Modification of authority to carry out certain military
construction projects at Tyndall Air Force Base, Florida.
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2303(a) and available
for military construction projects inside the United States as specified
in the funding table in section 4601, the Secretary of the Air Force may
acquire real property and carry out military construction projects for
the installations or locations inside the United States, and in the
amounts, set forth in the following table:
Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama....................................... Maxwell Air Force Base.......................... $15,000,000
Alaska........................................ Clear Space Force Station....................... $72,080,000
Joint Base Elmendorf-Richardson................. $5,200,000
Arizona Davis-Monthan Air Force Base.................... $7,500,000
California.................................... Travis Air Force Base........................... $7,500,000
Vandenberg Space Force Base..................... $136,000,000
Florida....................................... Patrick Space Force Base........................ $97,000,000
Hawaii........................................ Air Force Research Laboratory - Maui $89,000,000
Experimental Site #1...........................
Illinois...................................... Scott Air Force Base............................ $19,893,000
New York...................................... Air Force Research Laboratory - Rome Research $4,200,000
Site...........................................
Ohio.......................................... Wright Patterson Air Force Base................. $29,000,000
Oklahoma...................................... Altus Air Force Base............................ $4,750,000
Tinker Air Force Base........................... $252,016,000
South Carolina................................ Shaw Air Force Base............................. $15,000,000
South Dakota.................................. Ellsworth Air Force Base........................ $335,900,000
Tennessee..................................... Arnold Air Force Base........................... $46,000,000
Texas......................................... Joint Base San Antonio-Randolph................. $29,000,000
Utah.......................................... Hill Air Force Base............................. $96,900,000
Washington.................................... Fairchild Air Force Base........................ $8,000,000
Wyoming....................................... F.E. Warren Air Force Base...................... $241,920,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2303(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the Air
Force may acquire real property and carry out military construction
projects for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
[[Page 136 STAT. 2979]]
Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Hungary....................................... Papa Air Base................................... $75,260,000
Iceland....................................... Naval Air Station Keflavik...................... $102,500,000
Italy......................................... Aviano Air Base................................. $51,615,000
Japan......................................... Kadena Air Base................................. $307,000,000
Jordan........................................ Muwaffaq Salti Air Base......................... $53,000,000
Norway........................................ Rygge Air Station............................... $9,700,000
Spain......................................... Moron Air Base.................................. $32,500,000
----------------------------------------------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Improvements to Military Family Housing Units.--Subject to
section 2825 of title 10, United States Code, and using amounts
appropriated pursuant to the authorization of appropriations in section
2303(a) and available for military family housing functions as specified
in the funding table in section 4601, the Secretary of the Air Force may
improve existing military family housing units in an amount not to
exceed $233,858,000.
(b) Planning and Design.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2303(a) and available for
military family housing functions as specified in the funding table in
section 4601, the Secretary of the Air Force may carry out architectural
and engineering services and construction design activities with respect
to the construction or improvement of family housing units in an amount
not to exceed $17,730,000.
SEC. 2303. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated for fiscal years beginning after September 30, 2022, for
military construction, land acquisition, and military family housing
functions of the Department of the Air Force, as specified in the
funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2301 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 4601.
SEC. 2304. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2018 PROJECTS.
(a) Extension.--
(1) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2018 (division B
of Public Law 115-91; 131 Stat. 1817), the authorizations set
forth in the table in paragraph (2), as provided in section
2301(a) of that Act (131 Stat. 1825), shall remain in effect
until October 1, 2023, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2024, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
[[Page 136 STAT. 2980]]
Air Force: Extension of 2018 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
State Installation or Location Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Florida............................... Tyndall Air Force Base.... Fire Station............. $17,000,000
Texas................................. Joint Base San Antonio.... BMT Classrooms/Dining.... $38,000,000
Joint Base San Antonio.... Camp Bullis Dining $18,500,000
Facility................
Wyoming............................... F. E. Warren Air Force Consolidated Helo/TRF Ops/ $62,000,000
Base..................... AMU and Alert Fac.......
----------------------------------------------------------------------------------------------------------------
(b) Overseas Contingency Operations.--
(1) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2018 (division B
of Public Law 115-91; 131 Stat. 1817), the authorizations set
forth in the table in paragraph (2), as provided in section 2903
of that Act (131 Stat. 1876), shall remain in effect until
October 1, 2023, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2024, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Air Force: Extension of 2018 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Hungary............................... Kecskemet Air Base........ ERI: Airfield Upgrades... $12,900,000
Kecskemet Air Base........ ERI: Construct Parallel $30,000,000
Taxiway.................
Kecskemet Air Base........ ERI: Increase POL Storage $12,500,000
Capacity................
Luxembourg............................ Sanem..................... ERI: ECAOS Deployable $67,400,000
Airbase System Storage..
Slovakia.............................. Malacky................... ERI: Airfield Upgrades... $4,000,000
[[Page 136 STAT. 2981]]
Malacky................... ERI: Increase POL Storage $20,000,000
Capacity................
ERI: Airfield Upgrades.... Construct Combat Arms $22,000,000
Training and Maintenance
Facility................
----------------------------------------------------------------------------------------------------------------
SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2021 PROJECT.
<<NOTE: Utah.>> In the case of the authorization contained in the
table in section 2301(a) of the Military Construction Authorization Act
for Fiscal Year 2021 (division B of Public Law 116-283; 134 Stat. 4299)
for Hill Air Force Base, Utah, for construction of GBSD Organic Software
Sustainment Center, the Secretary of the Air Force may construct--
(1) up to 7,526 square meters of Surface Parking Lot in lieu
of constructing a 13,434 square meters vehicle parking garage;
and
(2) up to 402 square meters of Storage Igloo.
SEC. 2306. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN MILITARY
CONSTRUCTION PROJECTS AT TYNDALL AIR
FORCE BASE, FLORIDA.
In the case of the authorization contained in section 2912(a) of the
Military Construction Authorization Act for Fiscal Year 2020 (division B
of Public Law 116-92; 133 Stat. 1913) for Tyndall Air Force Base,
Florida--
(1) for construction of Lodging Facilities Phases 1-2, as
specified in such funding table and modified by section
2306(a)(7) of the Military Construction Authorization Act for
Fiscal Year 2021 (division B of Public Law 116-283; 134 Stat.
4302), the Secretary of the Air Force may construct two
emergency backup generators;
(2) for construction of Dorm Complex Phases 1-2, as
specified in such funding table and modified by section
2306(a)(8) of the Military Construction Authorization Act for
Fiscal Year 2021 (division B of Public Law 116-283; 134 Stat.
4302), the Secretary of the Air Force may construct an emergency
backup generator;
(3) for construction of Site Development, Utilities, and
Demo Phase 2, as specified in such funding table and modified by
section 2306(a)(6) of the Military Construction Authorization
Act for Fiscal Year 2021 (division B of Public Law 116-283; 134
Stat. 4302), the Secretary of the Air Force may construct--
(A) up to 6,248 lineal meters of storm water
utilities;
(B) up to 55,775 square meters of roads;
[[Page 136 STAT. 2982]]
(C) up to 4,334 lineal meters of gas pipeline; and
(D) up to 28,958 linear meters of electrical;
(4) for construction of Tyndall AFB Gate Complex, as
specified in such funding table and modified by section
2306(a)(9) of the Military Construction Authorization Act for
Fiscal Year 2021 (division B of Public Law 116-283; 134 Stat.
4302), the Secretary of the Air Force may construct up to 55,694
square meters of roadway with serpentines; and
(5) for construction of Deployment Center/Flight Line
Dining/AAFES, as specified in such funding table and modified by
section 2306(a)(11) of the Military Construction Authorization
Act for Fiscal Year 2021 (division B of Public Law 116-283; 134
Stat. 4303), the Secretary of the Air Force may construct up to
164 square meters of AAFES (Shoppette).
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Authorized energy resilience and conservation investment
program projects.
Sec. 2403. Authorization of appropriations, defense agencies.
Sec. 2404. Extension of authority to carry out certain fiscal year 2018
projects.
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for military construction projects inside the United States as specified
in the funding table in section 4601, the Secretary of Defense may
acquire real property and carry out military construction projects for
the installations or locations inside the United States, and in the
amounts, set forth in the following table:
Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama..................................... Redstone Arsenal.............................. $151,000,000
California.................................. Naval Base Coronado........................... $75,712,000
Florida..................................... Hurlburt Field................................ $9,100,000
MacDill Air Force Base........................ $50,000,000
North Carolina.............................. Fort Bragg.................................... $34,470,000
Texas....................................... Joint Base San Antonio........................ $58,600,000
Virginia.................................... Dam Neck...................................... $26,600,000
Pentagon...................................... $18,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of Defense
may acquire real property and carry out military construction projects
for the installations or locations outside the United States, and in the
amounts, set forth in the following table:
Defense Agencies: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Germany...................................... Baumholder.................................... $184,723,000
Wiesbaden..................................... $104,779,000
[[Page 136 STAT. 2983]]
Japan........................................ Yokota Air Base............................... $72,154,000
----------------------------------------------------------------------------------------------------------------
SEC. 2402. AUTHORIZED ENERGY RESILIENCE AND CONSERVATION
INVESTMENT PROGRAM PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for energy conservation projects as specified in the funding table in
section 4601, the Secretary of Defense may carry out energy conservation
projects under chapter 173 of title 10, United States Code, for the
installations or locations inside the United States, and in the amounts,
set forth in the following table:
ERCIP Projects: Inside the United States
----------------------------------------------------------------------------------------------------------------
State or Territory Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama..................................... Redstone Arsenal.............................. $10,700,000
California.................................. Marine Corps Mountain Warfare Training Center. $30,672,000
Naval Base Ventura County..................... $16,032,000
Florida..................................... Naval Air Station Jacksonville................ $2,880,000
Patrick Space Force Base...................... $15,700,000
Georgia..................................... Fort Stewart-Hunter Army Airfield............. $25,400,000
Naval Submarine Base Kings Bay................ $13,440,000
Guam........................................ Naval Base Guam............................... $34,360,000
Hawaii...................................... Joint Base Pearl Harbor-Hickam................ $30,000,000
Kansas...................................... Fort Riley.................................... $25,780,000
Maryland.................................... National Security Agency-Washington, Fort $23,310,000
Meade........................................
Texas....................................... Fort Hood..................................... $31,500,000
U.S. Army Reserve Center, Conroe.............. $9,600,000
Virginia.................................... National Geospatial-Intelligence Agency Campus $1,100,000
East, Fort Belvoir...........................
Naval Support Activity Hampton Roads.......... $26,880,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for energy conservation projects as specified in the funding table in
section 4601, the Secretary of Defense may carry out energy conservation
projects under chapter 173 of title 10, United States Code, for the
installations or locations outside the United States, and in the
amounts, set forth in the following table:
ERCIP Projects: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Djibouti..................................... Camp Lemonnier................................ $28,800,000
Japan........................................ Kadena Air Base............................... $780,000
Kuwait....................................... Camp Arifjan.................................. $26,850,000
----------------------------------------------------------------------------------------------------------------
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated for fiscal years beginning after September 30, 2022, for
military construction, land acquisition, and military family housing
functions of the Department of Defense (other than the military
departments), as specified in the funding table in section 4601.
[[Page 136 STAT. 2984]]
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2401 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 4601.
SEC. 2404. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2018 PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2018 (division B of
Public Law 115-91; 131 Stat. 1817), the authorization set forth in the
table in subsection (b), as provided in section 2401(b) of that Act (131
Stat. 1829), for the projects specified in that table shall remain in
effect until October 1, 2023, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year 2024,
whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Defense Agencies: Extension of 2018 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Installation or Original Authorized
Country Location Project Amount
----------------------------------------------------------------------------------------------------------------
Japan................................ Iwakuni................ Construct Bulk Storage $30,800,000
Tanks PH 1............
Puerto Rico.......................... USCG Station; Punta Ramey Unit School $61,071,000
Borinquen............. Replacement...........
----------------------------------------------------------------------------------------------------------------
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Subtitle B--Host Country In-Kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. Repeal of authorized approach to certain construction
project.
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment Program as provided in
section 2806 of title 10, United States Code, in an amount not to exceed
the sum of the amount authorized to be appropriated for this purpose in
section 2502 and the amount collected from
[[Page 136 STAT. 2985]]
the North Atlantic Treaty Organization as a result of construction
previously financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2022, for contributions by the Secretary
of Defense under section 2806 of title 10, United States Code, for the
share of the United States of the cost of projects for the North
Atlantic Treaty Organization Security Investment Program authorized by
section 2501 as specified in the funding table in section 4601.
Subtitle B--Host Country In-Kind Contributions
SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION PROJECTS.
Pursuant to agreement with the Republic of Korea for required in-
kind contributions, the Secretary of Defense may accept military
construction projects for the installations or locations in the Republic
of Korea, and in the amounts, set forth in the following table:
Republic of Korea Funded Construction Projects
----------------------------------------------------------------------------------------------------------------
Installation or
Component Location Project Amount
----------------------------------------------------------------------------------------------------------------
Army................................. Camp Humphreys......... Quartermaster Laundry/ $24,000,000
Dry Cleaner Facility..
Army................................. Camp Humphreys......... MILVAN CONNEX Storage $20,000,000
Yard..................
Navy................................. Camp Mujuk............. Replace Ordnance $150,000,000
Storage Magazines.....
Navy................................. Fleet Activities Water Treatment Plant $6,000,000
Chinhae............... Relocation............
Air Force............................ Gimhae Air Base........ Refueling Vehicle Shop. $8,800,000
Air Force............................ Osan Air Base.......... Combined Air and Space $306,000,000
Operations
Intelligence Center...
Air Force............................ Osan Air Base.......... Upgrade Electrical $235,000,000
Distribution West,
Phase 3...............
----------------------------------------------------------------------------------------------------------------
SEC. 2512. REPEAL OF AUTHORIZED APPROACH TO CERTAIN CONSTRUCTION
PROJECT.
Section 2511 of the Military Construction Authorization Act for
Fiscal Year 2022 (division B of Public Law 117-81; 135 Stat. 2177) is
amended--
[[Page 136 STAT. 2986]]
(1) by striking ``(a) Authority to Accept Projects.--''; and
(2) by striking subsection (b).
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Corrections to authority to carry out certain fiscal year
2022 projects.
Sec. 2608. Extension of authority to carry out certain fiscal year 2018
projects.
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the Secretary
of the Army may acquire real property and carry out military
construction projects for the Army National Guard locations inside the
United States, and in the amounts, set forth in the following table:
Army National Guard
----------------------------------------------------------------------------------------------------------------
State or Territory Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska...................................... Joint Base Elmendorf-Richardson............... $63,000,000
Arkansas.................................... Camp Robinson................................. $9,500,000
Delaware.................................... River Road Training Site...................... $16,000,000
Florida..................................... Camp Blanding................................. $24,700,000
Gainesville................................... $21,000,000
Palm Coast Flagler RC FMS 9................... $12,000,000
Hawaii...................................... Kalaeloa...................................... $29,000,000
Indiana..................................... Atlanta Readiness Center...................... $20,000,000
Iowa........................................ West Des Moines Armory........................ $15,000,000
Michigan.................................... Grayling Airfield............................. $16,000,000
Minnesota................................... New Ulm Armory and FMS........................ $17,000,000
Nevada...................................... Harry Reid Training Center.................... $18,000,000
New York.................................... Glenmore RD Armory/FMS 17..................... $17,000,000
North Carolina.............................. McLeansville Camp Burton Road................. $15,000,000
Oregon...................................... Camp Umatilla................................. $14,243,000
Puerto Rico................................. Arroyo Readiness Center....................... $46,602,000
Camp Santiago Joint Maneuver Training Center.. $136,500,000
West Virginia............................... Buckhannon Brushy Fork........................ $14,000,000
Wyoming..................................... Camp Guernsey................................. $19,500,000
TS NG Sheridan................................ $14,800,000
----------------------------------------------------------------------------------------------------------------
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the Secretary
of the Army may acquire real property and carry out military
construction projects for the Army Reserve locations
[[Page 136 STAT. 2987]]
inside the United States, and in the amounts, set forth in the following
table:
Army Reserve
------------------------------------------------------------------------
State or Territory Location Amount
------------------------------------------------------------------------
California.................. Camp Pendleton............... $13,000,000
Florida..................... Perrine...................... $46,000,000
Ohio........................ Wright-Patterson Air Force $16,000,000
Base.
Puerto Rico................. Fort Buchanan................ $24,000,000
Washington.................. Yakima....................... $22,000,000
Wisconsin................... Fort McCoy................... $64,000,000
------------------------------------------------------------------------
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the Secretary
of the Navy may acquire real property and carry out military
construction projects for the Navy Reserve and Marine Corps Reserve
locations inside the United States, and in the amounts, set forth in the
following table:
Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Hawaii......................................... Marine Corps Base Kaneohe Bay.................. $116,964,000
Michigan....................................... Marine Forces Reserve Battle Creek............. $27,702,000
Virginia....................................... Marine Forces Reserve Dam Neck Virginia Beach.. $11,856,000
----------------------------------------------------------------------------------------------------------------
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the Secretary
of the Air Force may acquire real property and carry out military
construction projects for the Air National Guard locations inside the
United States, and in the amounts, set forth in the following table:
Air National Guard
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
Alabama..................... Montgomery Regional Airport.. $9,200,000
Arizona..................... Morris Air National Guard $12,000,000
Base.
Tucson International Airport. $11,700,000
Florida..................... Jacksonville International $30,000,000
Airport.
Indiana..................... Fort Wayne International $16,500,000
Airport.
Ohio........................ Rickenbacker Air National $8,000,000
Guard Base.
Rhode Island................ Quonset State Airport........ $46,000,000
Tennessee................... McGhee-Tyson Airport......... $31,000,000
West Virginia............... McLaughlin Air National Guard $12,500,000
Base.
------------------------------------------------------------------------
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601,
[[Page 136 STAT. 2988]]
the Secretary of the Air Force may acquire real property and carry out
military construction projects for the Air Force Reserve locations
inside the United States, and in the amounts, set forth in the following
table:
Air Force Reserve
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
Arizona..................... Davis-Monthan Air Force Base. $8,000,000
Mississippi................. Keesler Air Force Base....... $10,000,000
Oklahoma.................... Tinker Air Force Base........ $12,500,000
Virginia.................... Langley Air Force Base....... $10,500,000
------------------------------------------------------------------------
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND
RESERVE.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2022, for the costs of acquisition,
architectural and engineering services, and construction of facilities
for the Guard and Reserve Forces, and for contributions therefor, under
chapter 1803 of title 10, United States Code (including the cost of
acquisition of land for those facilities), as specified in the funding
table in section 4601.
SEC. 2607. CORRECTIONS TO AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2022 PROJECTS.
The authorization table in section 2601 of the Military Construction
Authorization Act for Fiscal Year 2022 (division B of Public Law 117-81;
135 Stat. 2178) is amended--
(1) in the item relating to Redstone Arsenal, Alabama, by
striking ``Redstone Arsenal'' and inserting ``Huntsville
Readiness Center'';
(2) in the item relating to Jerome National Guard Armory,
Idaho, by striking ``Jerome National Guard Armory'' and
inserting ``Jerome County Regional Site'';
(3) in the item relating to Nickell Memorial Armory Topeka,
Kansas, by striking ``Nickell Memorial Armory Topeka'' and
inserting ``Topeka Forbes Field'';
(4) in the item relating to Lake Charles National Guard
Readiness Center, Louisiana, by striking ``Lake Charles National
Guard Readiness Center'' and inserting ``Lake Charles Chennault
Airport NGLA'';
(5) in the item relating to Camp Grayling, Michigan, by
striking ``Camp Grayling'' and inserting ``Grayling Airfield'';
(6) in the item relating to Butte Military Entrance Testing
Site, Montana, by striking ``Butte Military Entrance Testing
Site'' and inserting ``Silver Bow Readiness Center Land'';
(7) in the item relating to Mead Army National Guard
Readiness Center, Nebraska, by striking ``Mead Army National
Guard Readiness Center'' and inserting ``Mead TS/FMS 06/Utes
02'';
(8) in the item relating to Dickinson National Guard Armory,
North Dakota, by striking ``Dickinson National Guard Armory''
and inserting ``Dickinson Complex'';
(9) in the item relating to Bennington National Guard
Armory, Vermont, by striking ``Bennington National Guard
Armory'' and inserting ``Bennington''; and
(10) in the item relating to Camp Ethan Allen Training Site,
Vermont, by striking ``Camp Ethan Allen Training Site''
[[Page 136 STAT. 2989]]
and inserting ``National Guard Ethan Allen Air Force Base
Training Site''.
SEC. 2608. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2018 PROJECTS.
(a) <<NOTE: Termination date.>> Extension.--Notwithstanding section
2002 of the Military Construction Authorization Act for Fiscal Year 2018
(division B of Public Law 115-91; 131 Stat. 1817), the authorizations
set forth in the table in subsection (b), as provided in section 2604 of
that Act (131 Stat. 1836), shall remain in effect until October 1, 2023,
or the date of the enactment of an Act authorizing funds for military
construction for fiscal year 2024, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Air Force: Extension of 2018 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
State Installation or Location Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Indiana............................... Hulman Regional Airport... Construct Small Arms $8,000,000
Range...................
South Dakota.......................... Joe Foss Field............ Aircraft Maintenance $12,000,000
Shops...................
Wisconsin............................. Dane County Regional/ Construct Small Arms $8,000,000
Airport Truax Field...... Range...................
----------------------------------------------------------------------------------------------------------------
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense Base
Closure Account.
Sec. 2702. Authorization to fund certain demolition and removal
activities through Department of Defense Base Closure
Account.
Sec. 2703. Prohibition on conducting additional base realignment and
closure (BRAC) round.
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT
AND CLOSURE ACTIVITIES FUNDED THROUGH
DEPARTMENT OF DEFENSE BASE CLOSURE
ACCOUNT.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2022, for base realignment and closure
activities, including real property acquisition and military
construction projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of Defense Base
Closure Account established by section 2906 of such Act (as amended by
section 2711 of the Military Construction Authorization Act for Fiscal
Year 2013 (division B of Public Law 112-239; 126 Stat. 2140)), as
specified in the funding table in section 4601.
[[Page 136 STAT. 2990]]
SEC. 2702. AUTHORIZATION TO FUND CERTAIN DEMOLITION AND REMOVAL
ACTIVITIES THROUGH DEPARTMENT OF DEFENSE
BASE CLOSURE ACCOUNT.
(a) In General.--Section 2906(c)(1) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note) is amended by adding at
the end the following new subparagraph:
``(E) To carry out the demolition or removal of any
building or structure under the control of the Secretary
of the Navy that is not designated as historic under a
Federal, State, or local law and is located on a
military installation closed or realigned under a base
closure law (as such term is defined in section 101 of
title 10, United States Code) at which the sampling or
remediation of radiologically contaminated materials has
been the subject of substantiated allegations of fraud,
without regard to--
``(i) whether the building or structure is
radiologically impacted; or
``(ii) whether such demolition or removal is
carried out, as part of a response action or
otherwise, under the Defense Environmental
Restoration Program specified in subparagraph (A)
or CERCLA (as such term is defined in section 2700
of title 10, United States Code).''.
(b) Funding.--The amendment made by this section may only be carried
out using funds authorized to be appropriated in the table in section
4601.
SEC. 2703. PROHIBITION ON CONDUCTING ADDITIONAL BASE REALIGNMENT
AND CLOSURE (BRAC) ROUND.
Nothing in this Act shall be construed to authorize an additional
Base Realignment and Closure (BRAC) round.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program
Sec. 2801. Temporary increase of amounts in connection with authority to
carry out unspecified minor military construction.
Sec. 2802. Modification of annual locality adjustment of dollar
thresholds applicable to unspecified minor military
construction authorities.
Sec. 2803. Permanent authority for defense laboratory modernization
program.
Sec. 2804. Elimination of sunset of authority to conduct unspecified
minor military construction for lab revitalization.
Sec. 2805. Military construction projects for innovation, research,
development, test, and evaluation.
Sec. 2806. Supervision of large military construction projects.
Sec. 2807. Specification of Assistant Secretary of Defense for Energy,
Installations, and Environment as Chief Housing Officer.
Sec. 2808. Clarification of exceptions to limitations on cost variations
for military construction projects and military family
housing projects.
Sec. 2809. Use of operation and maintenance funds for certain
construction projects outside the United States.
Sec. 2810. Consideration of installation of integrated solar roofing to
improve energy resiliency of military installations.
Sec. 2811. Revision of Unified Facilities Guide Specifications and
Unified Facilities Criteria to include specifications on use
of gas insulated switchgear and criteria and specifications
on microgrids and microgrid converters.
Sec. 2812. Determination and notification relating to Executive orders
that impact cost and scope of work of military construction
projects.
[[Page 136 STAT. 2991]]
Sec. 2813. Requirement for inclusion of Department of Defense Forms 1391
with annual budget submission by President.
Sec. 2814. Use of integrated project delivery contracts.
Subtitle B--Military Housing Reforms
Sec. 2821. Standardization of military installation Housing Requirements
and Market Analyses.
Sec. 2822. Notice requirement for MHPI ground lease extensions.
Sec. 2823. Annual briefings on military housing privatization projects.
Sec. 2824. Mold inspection of vacant housing units.
Sec. 2825. Implementation of recommendations from audit of medical
conditions of residents in privatized military housing.
Subtitle C--Real Property and Facilities Administration
Sec. 2831. Authorized land and facilities transfer to support contracts
with federally funded research and development centers.
Sec. 2832. Limitation on use of funds pending completion of military
installation resilience component of master plans for at-risk
major military installations.
Sec. 2833. Physical entrances to certain military installations.
Subtitle D--Land Conveyances
Sec. 2841. Extension of time frame for land conveyance, Sharpe Army
Depot, Lathrop, California.
Sec. 2842. Land conveyance, Joint Base Charleston, South Carolina.
Sec. 2843. Land conveyance, Naval Air Station Oceana, Dam Neck Annex,
Virginia Beach, Virginia.
Sec. 2844. Land exchange, Marine Reserve Training Center, Omaha,
Nebraska.
Sec. 2845. Land Conveyance, Starkville, Mississippi.
Subtitle E--Miscellaneous Studies and Reports
Sec. 2851. Study on practices with respect to development of military
construction projects.
Sec. 2852. Report on capacity of Department of Defense to provide
survivors of natural disasters with emergency short-term
housing.
Sec. 2853. Reporting on lead service lines and lead plumbing.
Sec. 2854. Briefing on attempts to acquire land near United States
military installations by the People's Republic of China.
Subtitle F--Other Matters
Sec. 2861. Required consultation with State and local entities for
notifications related to the basing decision-making process.
Sec. 2862. Inclusion in Defense Community Infrastructure Pilot Program
of certain projects for ROTC training.
Sec. 2863. Inclusion of infrastructure improvements identified in the
report on strategic seaports in Defense Community
Infrastructure Pilot Program.
Sec. 2864. Inclusion of certain property for purposes of defense
community infrastructure pilot program.
Sec. 2865. Expansion of pilot program on increased use of sustainable
building materials in military construction to include
locations throughout the United States.
Sec. 2866. Basing decision scorecard consistency and transparency.
Sec. 2867. Temporary authority for acceptance and use of funds for
certain construction projects in the Republic of Korea.
Sec. 2868. Repeal of requirement for Interagency Coordination Group of
Inspectors General for Guam Realignment.
Sec. 2869. Lease or use agreement for category 3 subterranean training
facility.
Sec. 2870. Limitation on use of funds for closure of combat readiness
training centers.
Sec. 2871. Required investments in improving child development centers.
Sec. 2872. Interagency Regional Coordinator for Resilience Pilot
Project.
Sec. 2873. Access to military installations for Homeland Security
Investigations personnel in Guam.
Sec. 2874. Prohibition on joint use of Homestead Air Reserve Base with
civil aviation.
Sec. 2875. Electrical charging capability construction requirements
relating to parking for Federal Government motor vehicles.
[[Page 136 STAT. 2992]]
Subtitle A--Military Construction Program
SEC. 2801. <<NOTE: 10 USC 2805 note.>> TEMPORARY INCREASE OF
AMOUNTS IN CONNECTION WITH AUTHORITY TO
CARRY OUT UNSPECIFIED MINOR MILITARY
CONSTRUCTION.
For <<NOTE: Time period. Applicability.>> the period beginning on
the date of the enactment of this Act and ending on December 1, 2025,
section 2805 of title 10, United States Code, shall be applied and
administered--
(1) in subsection (a)(2), by substituting ``$9,000,000'' for
``$6,000,000'';
(2) in subsection (c), by substituting ``$4,000,000'' for
``$2,000,000'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A), by substituting
``$9,000,000'' for ``$6,000,000''; and
(ii) in subparagraph (B), by substituting
``$9,000,000'' for ``$6,000,000''; and
(B) in paragraph (2), by substituting ``$9,000,000''
for ``$6,000,000''; and
(4) in subsection (f)(1), by substituting ``$14,000,000''
for ``$10,000,000''.
SEC. 2802. MODIFICATION OF ANNUAL LOCALITY ADJUSTMENT OF DOLLAR
THRESHOLDS APPLICABLE TO UNSPECIFIED
MINOR MILITARY CONSTRUCTION AUTHORITIES.
Section 2805(f)(2) of title 10, United States Code, as amended by
this Act, is further amended--
(1) by striking ``or the Commonwealth'' and inserting ``Wake
Island, the Commonwealth''; and
(2) by inserting ``, or a former United States Trust
Territory now in a Compact of Free Association with the United
States'' after ``Mariana Islands''.
SEC. 2803. PERMANENT AUTHORITY FOR DEFENSE LABORATORY
MODERNIZATION PROGRAM.
(a) In General.--Section 2805 of title 10, United States Code, as
amended by this Act, is further amended by adding at the end the
following new subsection:
``(g) Defense Laboratory Modernization Program.--(1) Using amounts
appropriated or otherwise made available to the Department of Defense
for research, development, test, and evaluation, the Secretary of
Defense may fund a military construction project described in paragraph
(4) at any of the following:
``(A) A Department of Defense science and technology
reinvention laboratory (as designated under section 4121(b) of
this title).
``(B) A Department of Defense federally funded research and
development center that functions primarily as a research
laboratory.
``(C) A Department of Defense facility in support of a
technology development program that is consistent with the
fielding of offset technologies as described in section 218 of
the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 10 U.S.C. note 4811).
``(D) A Department of Defense research, development, test,
and evaluation facility that is not designated as a science
[[Page 136 STAT. 2993]]
and technology reinvention laboratory, but nonetheless is
involved with developmental test and evaluation.
``(2) Subject to the condition that a military construction project
under paragraph (1) be authorized in a Military Construction
Authorization Act, the authority to carry out the military construction
project includes authority for--
``(A) surveys, site preparation, and advanced planning and
design;
``(B) acquisition, conversion, rehabilitation, and
installation of facilities;
``(C) acquisition and installation of equipment and
appurtenances integral to the project; acquisition and
installation of supporting facilities (including utilities) and
appurtenances incident to the project; and
``(D) planning, supervision, administration, and overhead
expenses incident to the project.
``(3)(A) The Secretary of Defense shall include military
construction projects proposed to be carried out under paragraph (1) in
the budget justification documents for the Department of Defense
submitted to Congress in connection with the budget for a fiscal year
submitted under 1105 of title 31.
``(B) <<NOTE: Deadline. Notifications. Costs. Schedule.>> Not less
than 14 days prior to the first obligation of funds described in
paragraph (1) for a military construction project to be carried out
under such paragraph, the Secretary of Defense shall submit to the
congressional defense committees a notification providing an updated
construction description, cost, and schedule for the project and any
other matters regarding the project as the Secretary considers
appropriate.
``(4) <<NOTE: Determination.>> The authority provided by paragraph
(1) to fund military construction projects using amounts appropriated or
otherwise made available for research, development, test, and evaluation
is limited to military construction projects that the Secretary of
Defense, in the budget justification documents exhibits submitted
pursuant to paragraph (3)(A), determines--
``(A) will support research and development activities at
laboratories described in paragraph (1);
``(B) will establish facilities that will have significant
potential for use by entities outside the Department of Defense,
including universities, industrial partners, and other Federal
agencies;
``(C) are endorsed for funding by more than one military
department or Defense Agency; and
``(D) cannot be fully funded within the thresholds otherwise
specified in this section.
``(5) The maximum amount of funds appropriated or otherwise made
available for research, development, test, and evaluation that may be
obligated in any fiscal year for military construction projects under
paragraph (1) is $150,000,000.
``(6)(A) In addition to the authority provided to the Secretary of
Defense under paragraph (1) to use amounts appropriated or otherwise
made available for research, development, test, and evaluation for a
military construction project referred to in such subsection, the
Secretary of the military department concerned may use amounts
appropriated or otherwise made available for research, development,
test, and evaluation to obtain architectural and engineering services
and to carry out construction design in connection with such a project.
[[Page 136 STAT. 2994]]
``(B) In the case of architectural and engineering services and
construction design to be undertaken under this paragraph for which the
estimated cost exceeds $1,000,000, the Secretary concerned shall notify
the appropriate committees of Congress of the scope of the proposed
project and the estimated cost of such services before the initial
obligation of funds for such services. The Secretary may then obligate
funds for such services only after the end of the 14-day period
beginning on the date on which the notification is received by the
committees in an electronic medium pursuant to section 480 of this
title.''.
(b) <<NOTE: 10 USC 2805 note.>> Applicability.--Subsection (g) of
section 2805 of title 10, United States Code, as added by subsection
(a), shall apply with respect only to amounts appropriated after the
date of the enactment of this Act.
(c) Conforming Repeal.--Section 2803 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C.
note prec. 4121) is repealed.
SEC. 2804. ELIMINATION OF SUNSET OF AUTHORITY TO CONDUCT
UNSPECIFIED MINOR MILITARY CONSTRUCTION
FOR LAB REVITALIZATION.
Section 2805(d) of title 10, United States Code, as amended by this
Act, is further amended by striking paragraph (5).
SEC. 2805. MILITARY CONSTRUCTION PROJECTS FOR INNOVATION,
RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION.
(a) In General.--Subchapter I of chapter 169 of title 10, United
States Code, is amended by inserting after section 2809 the following
new section:
``Sec. 2810. <<NOTE: 10 USC 2810.>> Military construction
projects for innovation, research, development,
test, and evaluation
``(a) Project Authorization Required.--The Secretary of Defense may
carry out such military construction projects for innovation, research,
development, test, and evaluation as are authorized by law, using funds
appropriated or otherwise made available for that purpose.
``(b) Submission of Project Proposals.--As part of the defense
budget materials for each fiscal year, the Secretary of Defense shall
include the following information for each military construction project
covered by subsection (a):
``(1) The project title.
``(2) The location of the project.
``(3) A brief description of the scope of work.
``(4) A completed Department of Defense Form 1391 budget
justification that includes the original project cost estimate.
``(5) A current working cost estimate, if different that the
cost estimate contained in such Form 1391.
``(6) Such other information as the Secretary considers
appropriate.
``(c) Budget Justification Display.--The Secretary of Defense shall
include with the defense budget materials for each fiscal year a
consolidated budget justification display that individually identifies
each military construction project covered by subsection (a) and the
amount requested for such project for such fiscal year.
``(d) Application to Military Construction Projects.--This section
shall apply to military construction projects covered by subsection (a)
for which a Department of Defense Form 1391 is
[[Page 136 STAT. 2995]]
submitted to the appropriate committees of Congress in connection with
the budget of the Department of Defense for fiscal year 2023 and
thereafter.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter <<NOTE: 10 USC prec. 2801.>> is amended by inserting
after the item relating to section 2809 the following new item:
``2810. Military construction projects for innovation, research,
development, test, and evaluation.''.
SEC. 2806. SUPERVISION OF LARGE MILITARY CONSTRUCTION PROJECTS.
(a) Supervision of Large Military Construction Projects.--Section
2851 of title 10, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Report on Supervision of Large Military Construction
Projects.--Before the award of a contract of a value greater than
$500,000,000 in connection with a military construction project, the
individual directing and supervising such military construction project
under subsection (a) or the individual designated pursuant to subsection
(b) (as applicable) shall submit to the appropriate committees of
Congress a report on the intended supervision, inspection, and overhead
plan to manage such military construction project. Each such report
shall include the following:
``(1) <<NOTE: Determination.>> A determination of the
overall funding intended to manage the supervision, inspection,
and overhead of the military construction project.
``(2) <<NOTE: Assessment.>> An assessment of whether a
Department of Defense Field Activity directly reporting to such
individual should be established.
``(3) A description of the quality assurance approach to the
military construction project.
``(4) The independent cost estimate described in section
3221(b)(6)(A) of this title.
``(5) The overall staffing approach to oversee the military
construction project for each year of the contract term.''.
(b) Conforming Amendment to Duties of the Director of Cost
Assessment and Program Evaluation.--Section 3221(b)(6)(A) of title 10,
United States Code, is amended--
(1) in clause (iii), by striking ``and'' at the end; and
(2) by adding at the end the following new clause:
``(v) any decision to enter into a contract in
connection with a military construction project of
a value greater than $500,000,000; and''.
(c) <<NOTE: 10 USC 2851 note.>> Applicability.--This section and
the amendments made by this section shall apply to contracts entered
into on or after the date of the enactment of this Act.
SEC. 2807. SPECIFICATION OF ASSISTANT SECRETARY OF DEFENSE FOR
ENERGY, INSTALLATIONS, AND ENVIRONMENT
AS CHIEF HOUSING OFFICER.
Subsection (a) of section 2851a of title 10, United States Code, is
amended to read as follows:
``(a) In General.--The Assistant Secretary of Defense for Energy,
Installations, and Environment shall serve as the Chief Housing Officer,
who shall oversee family housing and military
[[Page 136 STAT. 2996]]
unaccompanied housing under the jurisdiction of the Department of
Defense or acquired or constructed under subchapter IV of this chapter
(in this section referred to as `covered housing units').''.
SEC. 2808. CLARIFICATION OF EXCEPTIONS TO LIMITATIONS ON COST
VARIATIONS FOR MILITARY CONSTRUCTION
PROJECTS AND MILITARY FAMILY HOUSING
PROJECTS.
Subparagraph (D) of section 2853(c)(1) of title 10, United States
Code, is amended to read as follows:
``(D) The Secretary concerned may not use the authority provided by
subparagraph (A) to waive the cost limitation applicable to a military
construction project with a total authorized cost greater than
$500,000,000 or a military family housing project with a total
authorized cost greater than $500,000,000 if that waiver would increase
the project cost by more than 50 percent of the total authorized cost of
the project.''.
SEC. 2809. USE OF OPERATION AND MAINTENANCE FUNDS FOR CERTAIN
CONSTRUCTION PROJECTS OUTSIDE THE UNITED
STATES.
(a) <<NOTE: 10 USC 2804 note.>> Permanent Authority.--Section 2808
of the Military Construction Authorization Act for Fiscal Year 2004
(division B of Public Law 108-136; 117 Stat. 1723), as most recently
amended by section 2806 of the Military Construction Authorization Act
for Fiscal Year 2022 (division B of Public Law 117-81; 135 Stat. 2190),
is further amended--
(1) in subsection (a)--
(A) by striking ``, inside the area of
responsibility of the United States Central Command or
certain countries in the area of responsibility of the
United States Africa Command,'';
(B) by inserting ``outside the United States'' after
``construction project''; and
(C) in paragraph (2), by striking ``, unless the
military installation is located in Afghanistan, for
which projects using this authority may be carried out
at installations deemed as supporting a long-term
presence''; and
(2) in subsection (c)(1), by striking subparagraph (A) and
redesignating subparagraphs (B) and (C) as subparagraphs (A) and
(B), respectively.
(b) Conforming Amendments.--Such section is further amended--
(1) in subsection (b), by striking ``subsection (f)'' and
inserting ``subsection (d)'';
(2) <<NOTE: 10 USC 2805 note.>> by striking subsection (e);
(3) <<NOTE: 10 USC 2804 note.>> by redesignating
subsections (f) and (g) as subsections (d) and (e),
respectively;
(4) in subsection (e), as so redesignated, by striking
``subsection (f)'' and inserting ``subsection (d)''; and
(5) by striking subsections (h) and (i).
(c) Clerical Amendments.--Such section is further amended as
follows:
(1) The section heading for such section is amended--
(A) by striking ``temporary, limited authority'' and
inserting ``authority'' ; and
(B) by inserting ``certain'' before ``construction
projects''.
[[Page 136 STAT. 2997]]
(2) The subsection heading for subsection (a) of such
section is amended by striking ``Temporary Authority'' and
inserting ``In General''.
(d) <<NOTE: 10 USC 2804 note.>> Classification.--The Law Revision
Counsel is directed to classify section 2808 of the Military
Construction Authorization Act for Fiscal Year 2004 (division B of
Public Law 108-136; 117 Stat. 1723), as amended by subsection (a), as a
note following section 2804 of title 10, United States Code.
SEC. 2810. <<NOTE: 10 USC 2802 note.>> CONSIDERATION OF
INSTALLATION OF INTEGRATED SOLAR ROOFING
TO IMPROVE ENERGY RESILIENCY OF MILITARY
INSTALLATIONS.
The Secretary of Defense shall amend the Unified Facilities
Criteria/DoD Building Code (UFC 1-200-01) to require that planning and
design for military construction projects inside the United States
include consideration of the feasibility and cost-effectiveness of
installing integrated solar roofing as part of the project, for the
purpose of--
(1) promoting on-installation energy security and energy
resilience;
(2) providing grid support to avoid energy disruptions; and
(3) facilitating implementation and greater use of the
authority provided by subsection (h) of section 2911 of title
10, United States Code.
SEC. 2811. <<NOTE: Deadlines. 10 USC 2802 note.>> REVISION OF
UNIFIED FACILITIES GUIDE SPECIFICATIONS
AND UNIFIED FACILITIES CRITERIA TO
INCLUDE SPECIFICATIONS ON USE OF GAS
INSULATED SWITCHGEAR AND CRITERIA AND
SPECIFICATIONS ON MICROGRIDS AND
MICROGRID CONVERTERS.
(a) Gas Insulated Switchgear.--Not later than one year after the
date of the enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment shall modify the Unified Facilities Guide
Specifications to include a distinct specification for medium voltage
gas insulated switchgear.
(b) Microgrids.--Not later than one year after the date of the
enactment of this Act, the Under Secretary of Defense for Acquisition
and Sustainment shall--
(1) modify the Unified Facilities Criteria to include
criteria for microgrids; and
(2) modify the Unified Facilities Guide Specifications to
include specifications for microgrids and microgrid controllers.
SEC. 2812. <<NOTE: 10 USC 2802 note.>> DETERMINATION AND
NOTIFICATION RELATING TO EXECUTIVE
ORDERS THAT IMPACT COST AND SCOPE OF
WORK OF MILITARY CONSTRUCTION PROJECTS.
(a) <<NOTE: Deadline. President.>> Determination and Update of Form
1391.--Not later than 30 days after the date on which an Executive order
is signed by the President, the Secretary concerned shall--
(1) determine whether implementation of the Executive order
would cause a cost or scope of work variation for a military
construction project under the jurisdiction of the Secretary
concerned;
(2) <<NOTE: Assessment.>> assess the potential for life-
cycle cost savings associated with implementation of the
Executive order for such a project; and
(3) <<NOTE: Update.>> update the Department of Defense Form
1391 for each such project that has not been submitted for
congressional
[[Page 136 STAT. 2998]]
consideration, where such implementation would affect such cost
or scope of work variation, including--
(A) projects to be commenced in the next fiscal year
beginning after the date on which the Executive order
was signed; and
(B) projects covered by the future-years defense
program submitted under section 221 of title 10, United
States Code.
(b) <<NOTE: Reports.>> Notification to Congress.--Not later than 10
days after determining under subsection (a)(1) that implementation of an
Executive order would cause a cost or scope of work variation for a
military construction project, the Secretary concerned shall submit to
the congressional defense committees a report indicating the estimated
cost increases, scope of work increases, life-cycle costs, and any other
impacts of such implementation.
(c) Certification.--Along with the submission to Congress of the
budget of the President for a fiscal year under section 1105(a) of title
31, United States Code, each Secretary concerned shall certify to
Congress that each Department of Defense Form 1391 provided to Congress
for that fiscal year for a military construction project has been
updated with any cost or scope of work variation specified in subsection
(a)(1) with respect to an Executive order signed during the four-year
period preceding such certification, including an indication of any cost
increases for such project that is directly attributable to such
Executive order.
(d) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in section 101
of title 10, United States Code.
SEC. 2813. <<NOTE: 10 USC 2802 note.>> REQUIREMENT FOR INCLUSION
OF DEPARTMENT OF DEFENSE FORMS 1391 WITH
ANNUAL BUDGET SUBMISSION BY PRESIDENT.
Concurrently with the submission to Congress by the President of the
annual budget of the Department of Defense for a fiscal year under
section 1105(a) of title 31, United States Code, the President shall
include each Department of Defense Form 1391, or successor similar form,
for a military construction project to be carried out during that fiscal
year.
SEC. 2814. USE OF INTEGRATED PROJECT DELIVERY CONTRACTS.
(a) In General.--In fiscal year 2023, the Secretary of the Army, the
Secretary of the Navy, and the Secretary of the Air Force shall each
enter into at least one integrated project delivery contract for the
delivery of a military construction project.
(b) Integrated Project Delivery Contract Defined.--In this section,
the term ``integrated project delivery contract'' means a single
contract for the delivery of a whole project that--
(1) includes, at a minimum, the Secretary concerned,
builder, and architect-engineer as parties that are subject to
the terms of the contract;
(2) aligns the interests of all the parties to the contract
with respect to the project costs and project outcomes; and
(3) includes processes to ensure transparency and
collaboration among all parties to the contract relating to
project costs and project outcomes.
[[Page 136 STAT. 2999]]
Subtitle B--Military Housing Reforms
SEC. 2821. STANDARDIZATION OF MILITARY INSTALLATION HOUSING
REQUIREMENTS AND MARKET ANALYSES.
(a) In General.--Subchapter II of chapter 169 of title 10, United
States Code, is <<NOTE: 10 USC prec. 2821.>> amended by inserting after
section 2836 the following new section:
``Sec. 2837. <<NOTE: 10 USC 2837.>> Housing Requirements and
Market Analysis
``(a) <<NOTE: Deadline.>> In General.--Not less frequently than
once every five years and in accordance with the requirements of this
section, the Secretary concerned shall conduct a Housing Requirements
and Market Analysis (in this section referred to as an `HRMA') for each
military installation under the jurisdiction of the Secretary concerned
that is located in the United States.
``(b) Prioritization of Installations.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary concerned shall prioritize the conduct of HRMAs for
military installations--
``(A) for which an HRMA has not been conducted
during the five-year period preceding the date of the
enactment of this section; or
``(B) in locations with housing shortages.
``(2) Existing 5-year requirement.--Paragraph (1) shall not
apply to a military department that required an HRMA to be
conducted for each military installation not less frequently
than once every five years before the date of the enactment of
this section.
``(c) Submittal to Congress.--The Secretary of Defense shall include
with the budget materials for the Department of Defense for fiscal year
2024 and each subsequent fiscal year (as submitted to Congress pursuant
to section 1105 of title 31, United States Code) a list of the military
installations for which the Secretary concerned plans to conduct an HRMA
during the fiscal year covered by such budget materials.
``(d) Housing Requirements and Market Analysis.--The term `Housing
Requirements and Market Analysis'or `HRMA' means, with respect to a
military installation, a structured analytical process under which an
assessment is made of both the suitability and availability of the
private sector rental housing market using assumed specific standards
related to affordability, location, features, physical condition, and
the housing requirements of the total military population of such
installation.''.
(b) <<NOTE: 10 USC 2837 note.>> Time Frame.--
(1) In general.--During each of fiscal years 2023 through
2027, the Secretary concerned shall conduct an HRMA for 20
percent of the military installations under the jurisdiction of
the Secretary concerned located in the United States.
(2) <<NOTE: Deadline. List.>> Submittal of information to
congress.--Not later than January 15, 2023, the Secretary
concerned shall submit to the congressional defense committees a
list of military installations for which the Secretary concerned
plans to conduct an HRMA during fiscal year 2023.
(c) Definitions.--In this section:
(1) The term ``HRMA'' means, with respect to a military
installation, a structured analytical process under which an
[[Page 136 STAT. 3000]]
assessment is made of both the suitability and availability of
the private sector rental housing market using assumed specific
standards related to affordability, location, features, physical
condition, and the housing requirements of the total military
population of such installation.
(2) The term ``military installation'' has the meaning given
in section 2801 of title 10, United States Code.
(3) The term ``Secretary concerned'' has the meaning given
that term in section 101(a) of title 10, United States Code.
SEC. 2822. NOTICE REQUIREMENT FOR MHPI GROUND LEASE EXTENSIONS.
Section 2878 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(f) <<NOTE: Briefing. Deadlines.>> Notice of Lease Extensions.--
(1) The Secretary concerned shall provide to the congressional defense
committees notice in writing and a briefing--
``(A) not later than 60 days after beginning negotiations
with a lessor for the extension of the term of any ground lease
of property or facilities under this section; and
``(B) not later than 90 days before extending the term of
any ground lease of property or facilities under this section.
``(2) A notice and briefing required under paragraph (1) shall
include each of the following:
``(A) A description of any material differences between the
extended ground lease and the original ground lease, including
with respect to--
``(i) the length of the term of the lease, as
extended; and
``(ii) any new provisions that materially affect the
rights and responsibilities of the ground lessor or the
ground lessee under the original ground lease.
``(B) The number of housing units or facilities subject to
the ground lease that, during the lease extension, are to be--
``(i) constructed;
``(ii) demolished; or
``(iii) renovated.
``(C) The source of any additional financing the lessor has
obtained, or intends to obtain, during the term of the ground
lease extension that will be used for the development of the
property or facilities subject to the ground lease.
``(D) <<NOTE: Time period.>> The following information,
displayed annually, for the five-year period preceding the date
of the notice and briefing:
``(i) The debt-to-net operating income ratio for the
property or facility subject to the ground lease.
``(ii) The occupancy rates for the housing units
subject to the ground lease.
``(iii) <<NOTE: Reports.>> An report on maintenance
response times and completion of maintenance requests
for the housing units subject to the ground lease.
``(iv) The occupancy rates and debt-to-net operating
income ratios of any other military privatized housing
initiative projects managed by a company that controls,
or that is under common control with, the ground lessee
entering into the lease extension.''.
[[Page 136 STAT. 3001]]
SEC. 2823. ANNUAL BRIEFINGS ON MILITARY HOUSING PRIVATIZATION
PROJECTS.
Section 2884 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(d) Annual Briefings.--Not later than February 1 of each year,
each Secretary concerned shall provide to the Committees on Armed
Services of the Senate and House of Representatives a briefing on
military housing privatization projects under the jurisdiction of the
Secretary. Such briefing shall include, for the 12-month period
preceding the date of the briefing, each of the following:
``(1) The information described in paragraphs (1) through
(14) of subsection (c) with respect to all military housing
privatization projects under the jurisdiction of the Secretary.
``(2) <<NOTE: Review.>> A review of any such project that
is expected to require the restructuring of a loan, including
any public or private loan.
``(3) For any such project expected to require
restructuring, a timeline for when such restructuring is
expected to occur.
``(4) Such other information as the Secretary determines
appropriate.''.
SEC. 2824. MOLD INSPECTION OF VACANT HOUSING UNITS.
Section 2891a of title 10, United States Code, is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Requirements for Secretary Concerned.--The Secretary concerned
shall be responsible for--
``(1) providing for a mold inspection of each vacant housing
unit before any new tenant moves into the unit; and
``(2) providing to the new tenant the results of the
inspection.''.
SEC. 2825. IMPLEMENTATION OF RECOMMENDATIONS FROM AUDIT OF MEDICAL
CONDITIONS OF RESIDENTS IN PRIVATIZED
MILITARY HOUSING.
Not <<NOTE: Deadline. 10 USC 2891a note.>> later than March 1,
2023, the Secretary of Defense shall implement the recommendations
contained in the report of the Inspector General of the Department of
Defense published on April 1, 2022, and titled ``Audit of Medical
Conditions of Residents in Privatized Military Housing'' (DODIG-2022-
078).
Subtitle C--Real Property and Facilities Administration
SEC. 2831. AUTHORIZED LAND AND FACILITIES TRANSFER TO SUPPORT
CONTRACTS WITH FEDERALLY FUNDED RESEARCH
AND DEVELOPMENT CENTERS.
(a) In General.--Chapter 159 of title 10, United States Code, is
amended by inserting after section 2668a the following new section:
[[Page 136 STAT. 3002]]
``Sec. 2669. <<NOTE: 10 USC 2669.>> Transfer of land and
facilities to support contracts with federally
funded research and development centers
``(a) Lease of Land, Facilities, and Improvements.--(1) The
Secretary of a military department may lease, for no consideration,
land, facilities, infrastructure, and improvements to a covered FFRDC if
the lease is to further the purposes of a contract between the
Department of Defense and the covered FFRDC.
``(2) <<NOTE: Termination date.>> A lease entered into under
paragraph (1) shall terminate on the earlier of the following dates:
``(A) The date that is 50 years after the date on which the
Secretary enters into the lease.
``(B) The date of the termination or non-renewal of the
contract between the Department of Defense and the covered FFRDC
related to the lease.
``(b) Conveyance of Facilities and Improvements.--(1) The Secretary
of a military department may convey, for no consideration, ownership of
facilities and improvements located on land leased to a covered FFRDC to
further the purposes of a contract between the Department of Defense and
the covered FFRDC.
``(2) The ownership of any facilities and improvements conveyed by
the Secretary of a military department or any improvements made to the
leased land by the covered FFRDC under this subsection shall, as
determined by the Secretary of a military department, revert or transfer
to the United States upon the termination or non-renewal of the
underlying land lease.
``(3) Any facilities and improvements conveyed by the Secretary of a
military department shall be demolished by the covered FFDRC as
determined by such Secretary.
``(c) Construction Standards.--A lease entered into under this
section may provide that any facilities constructed on the leased land
may be constructed using commercial standards in a manner that provides
force protection safeguards appropriate to the activities conducted in,
and the location of, such facilities.
``(d) Inapplicability of Certain Property Management Laws.--(1) The
conveyance or lease of property or facilities, improvements, and
infrastructure under this section shall not be subject to the following
provisions of law:
``(A) Section 2667 of this title.
``(B) Section 1302 of title 40.
``(C) Section 501 of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11411).
``(2) Sections 2662 and 2802 of this title shall not apply to any
improvements or facilities constructed by the covered FFRDC on land
leased or conveyed to a covered FFRDC described in subsection (a) or
(b).
``(e) Competitive Procedures for Selection of Certain Lessees;
Exception.--If a proposed lease under this section is with respect to a
covered FFRDC, the use of competitive procedures for the selection of
the lessee is not required and the provisions of chapter 33 of title 41,
United States Code, or chapter 221 of title 10, United States Code, and
the related provisions of the Federal Acquisition Regulation shall not
apply.
``(f) Covered FFRDC Defined.--In this section, the term `covered
FFRDC' means a federally funded research and development center that is
sponsored by, and has entered into a contract with, the Department of
Defense.''.
[[Page 136 STAT. 3003]]
(b) Clerical Amendment.--The table of sections for chapter 159 of
title 10, United States Code, <<NOTE: 10 USC prec. 2661.>> is amended
by inserting after the item relating to section 2668a and inserting the
following new item:
``2669. Transfer of land and facilities to support contracts with
federally funded research and development centers.''.
SEC. 2832. LIMITATION ON USE OF FUNDS PENDING COMPLETION OF
MILITARY INSTALLATION RESILIENCE
COMPONENT OF MASTER PLANS FOR AT-RISK
MAJOR MILITARY INSTALLATIONS.
Of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2023 for the Office of the Secretary of
Defense for administration and service-wide activities, not more than 50
percent may be obligated or expended until the date on which each
Secretary of a military department has satisfied the requirements of
section 2833 of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117-81; 10 U.S.C. 2864 note).
SEC. 2833. <<NOTE: 10 USC note prec. 2661.>> PHYSICAL ENTRANCES
TO CERTAIN MILITARY INSTALLATIONS.
The Secretary of Defense shall ensure that, to the extent
practicable that--
(1) each military installation in the United States has a
designated main entrance that, at all times, is manned by at
least one member of the Armed Forces or civilian employee of the
Department of Defense;
(2) <<NOTE: Public information. Web posting.>> the location
of each such designated main entrance is published on a publicly
accessible internet website of the Department;
(3) in the case of a military installation in the United
States that has any additional entrance designated for
commercial deliveries to the military installation, the location
of such entrance (and any applicable days or hours of operation
for such entrance) is published on the same internet website as
the website referred to in paragraph (2); and
(4) the information required to be published on the internet
website under paragraph (2) is reviewed and, as necessary,
updated on a basis that is not less frequent than annually.
Subtitle D--Land Conveyances
SEC. 2841. EXTENSION OF TIME FRAME FOR LAND CONVEYANCE, SHARPE
ARMY DEPOT, LATHROP, CALIFORNIA.
Section 2833(g) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283)
is <<NOTE: 134 Stat. 4343.>> amended by striking ``one year'' and
inserting ``three years''.
SEC. 2842. LAND CONVEYANCE, JOINT BASE CHARLESTON, SOUTH CAROLINA.
(a) Conveyance Authorized.--The Secretary of the Air Force (in this
section referred to as the ``Secretary'') may convey to the City of
North Charleston, South Carolina (in this section referred to as the
``City'') all right, title, and interest of the United States in and to
a parcel of real property, including any improvements thereon,
consisting of approximately 26 acres known as the Old
[[Page 136 STAT. 3004]]
Navy Yard at Joint Base Charleston, South Carolina, for the purpose of
permitting the City to use the property for economic development.
(b) Consideration.--
(1) <<NOTE: Determination.>> In general.--As consideration
for the conveyance under subsection (a), the City shall pay to
the Secretary an amount equal to not less than the fair market
value, as determined by the Secretary, based on an appraisal of
the property to be conveyed under such subsection, which may
consist of cash payment, in-kind consideration as described
under paragraph (3), or a combination thereof.
(2) Sufficiency of consideration.--
(A) In general.--Consideration paid to the Secretary
under paragraph (1) shall be in an amount sufficient, as
determined by the Secretary, to provide replacement
space for, and for the relocation of, any personnel,
furniture, fixtures, equipment, and personal property of
any kind belonging to any military department located
upon the property to be conveyed under subsection (a).
(B) Completion prior to conveyance.--Any cash
consideration shall be paid in full and any in-kind
consideration shall be complete, useable, and delivered
to the satisfaction of the Secretary at or prior to the
conveyance under subsection (a).
(3) In-kind consideration.--In-kind consideration provided
by the City under paragraph (1) may include the acquisition,
construction, provision, improvement, maintenance, repair, or
restoration (including environmental restoration), or
combination thereof, of any facilities or infrastructure with
proximity to Joint Base Charleston Weapons Station (South Annex)
and located on Joint Base Charleston, that the Secretary
considers acceptable.
(4) Treatment of cash consideration received.--Any cash
consideration received by the Secretary under paragraph (1)
shall be deposited in the special account in the Treasury under
subparagraph (A) of section 572(b)(5) of title 40, United States
Code, and shall be available in accordance with subparagraph
(B)(ii) of such section.
(c) Payment of Costs of Conveyance.--
(1) Payment required.--
(A) In general.--The Secretary may require the City
to cover all costs to be incurred by the Secretary, or
to reimburse the Secretary for costs incurred by the
Secretary, to carry out the conveyance under subsection
(a), including survey costs, appraisal costs, costs
related to environmental documentation, and any other
administrative costs related to the conveyance.
(B) Refund of amounts.--If amounts paid by the City
to the Secretary in advance exceed the costs actually
incurred by the Secretary to carry out the conveyance
under subsection (a), the Secretary shall refund the
excess amount to the City.
(2) Treatment of amounts received.--Amounts received under
paragraph (1) as reimbursement for costs incurred by the
Secretary to carry out the conveyance under subsection (a) shall
be credited to the fund or account that was used to cover the
costs incurred by the Secretary in carrying out
[[Page 136 STAT. 3005]]
the conveyance or to an appropriate fund or account currently
available to the Secretary for the purposes for which the costs
were paid. Amounts so credited shall be merged with amounts in
such fund or account and shall be available for the same
purposes, and to the same conditions and limitations, as amounts
in such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary.
(e) Condition of Conveyance.--The conveyance under subsection (a)
shall be subject to all valid existing rights and the City shall accept
the property (and any improvements thereon) in its condition at the time
of the conveyance (commonly known as a conveyance ``as is'').
(f) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
(g) Old Navy Yard Defined.--In this section, the term ``Old Navy
Yard'' includes the facilities used by the Naval Information Warfare
Center Atlantic, including buildings 1602, 1603, 1639, 1648, and such
other facilities, infrastructure, and land along or near the Cooper
River waterfront at Joint Base Charleston as the Secretary considers
appropriate.
SEC. 2843. LAND CONVEYANCE, NAVAL AIR STATION OCEANA, DAM NECK
ANNEX, VIRGINIA BEACH, VIRGINIA.
(a) Conveyance Authorized.--The Secretary of the Navy may convey to
the Hampton Roads Sanitation District (in this section referred to as
the ``HRSD'') all right, title, and interest of the United States in and
to a parcel of installation real property, including any improvements
thereon, consisting of approximately 7.9 acres located at Naval Air
Station Oceana in Dam Neck Annex, Virginia Beach, Virginia. The
Secretary may void any land use restrictions associated with the
property to be conveyed under this subsection.
(b) Consideration.--
(1) Amount and determination.--As consideration for the
conveyance under subsection (a), the HRSD shall pay to the
Secretary of the Navy an amount that is not less than the fair
market value of the property conveyed, as determined by the
Secretary. Such determination of fair market value shall be
final. In lieu of all or a portion of cash payment of
consideration, the Secretary may accept in-kind consideration.
(2) Treatment of cash consideration.--The Secretary of the
Navy shall deposit any cash payment received under paragraph (1)
in the special account in the Treasury established for the
Secretary of the Navy under of paragraph (1) of section 2667(e)
of title 10, United States Code. The entire amount deposited
shall be available for use in accordance with subparagraph (D)
of such paragraph.
(c) Payment of Costs of Conveyance.--
(1) <<NOTE: Requirement. Reimbursement. Costs.>> Payment
required.--The Secretary of the Navy shall require the HRSD to
cover costs to be incurred by the Secretary, or to reimburse the
Secretary for costs incurred by the Secretary, to carry out the
conveyance under subsection (a),
[[Page 136 STAT. 3006]]
including survey costs, costs related to environmental
documentation, and any other administrative costs related to the
conveyance. If amounts are collected in advance of the Secretary
incurring the actual costs, and the amount collected exceeds the
costs actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount to the
HRSD.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the fund
or account that was used to cover those costs incurred by the
Secretary in carrying out the conveyance. Amounts so credited
shall be merged with amounts in such fund or account and shall
be available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the parcel of real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to the
Secretary of the Navy.
(e) Additional Terms and Conditions.--The Secretary of the Navy may
require such additional terms and conditions in connection with the
conveyance under subsection (a) as the Secretary considers appropriate
to protect the interests of the United States.
SEC. 2844. LAND EXCHANGE, MARINE RESERVE TRAINING CENTER, OMAHA,
NEBRASKA.
(a) Land Exchange Authorized.--The Secretary of the Navy may convey
to the Metropolitan Community College Area, a political subdivision of
the State of Nebraska (in this section referred to as the ``College''),
all right, title, and interest of the United States in and to a parcel
of real property, including improvements thereon, known as the Marine
Reserve Training Center in Omaha, Nebraska.
(b) Consideration.--As consideration for the conveyance under
subsection (a), the College shall convey to the Secretary of the Navy
real property interests, either adjacent or proximate, to Offutt Air
Force Base, Nebraska.
(c) Land Exchange Agreement.--The Secretary of the Navy and the
College may enter into a land exchange agreement to implement this
section.
(d) <<NOTE: Determination.>> Valuation.--The value of each property
interest to be exchanged by the Secretary of the Navy and the College
described in subsections (a) and (b) shall be determined--
(1) by an independent appraiser selected by the Secretary;
and
(2) in accordance with the Uniform Appraisal Standards for
Federal Land Acquisitions and the Uniform Standards of
Professional Appraisal Practice.
(e) Cash Equalization Payments.--
(1) To the secretary.--If the value of the property
interests described in subsection (a) is greater than the value
of the property interests described in subsection (b), the
values shall be equalized through either of the following or a
combination thereof:
(A) A cash equalization payment from the College to
the Department of the Navy.
(B) In-kind consideration provided by the College,
which may include the acquisition, construction,
provision,
[[Page 136 STAT. 3007]]
improvement, maintenance, repair, or restoration
(including environmental restoration), or combination
thereof, of any facilities or infrastructure, or
delivery of services relating to the needs of Marine
Corps Reserve Training Center Omaha.
(2) No equalization.--If the value of the property interests
described in subsection (b) is greater than the value of the
property interests described in subsection (a), the Secretary
may not make a cash equalization payment to equalize the values.
(f) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Navy shall
require the College to pay all costs to be incurred by the
Secretary to carry out the exchange of property interests under
this section, including such costs related to land survey,
environmental documentation, real estate due diligence such as
appraisals, and any other administrative costs related to the
exchange of property interests, including costs incurred
preparing and executing a land exchange agreement authorized
under subsection (c). If amounts are collected from the College
in advance of the Secretary incurring the actual costs and the
amount collected exceeds the costs actually incurred by the
Secretary to carry out the exchange of property interests, the
Secretary shall refund the excess amount to the College.
(2) Treatment of amounts received.--Amounts received by the
Secretary of the Navy under paragraph (1) shall be used in
accordance with section 2695(c) of title 10, United States Code.
(g) Description of Property.--The exact acreage and legal
description of the property interests to be exchanged under this section
shall be determined by surveys that are satisfactory to the Secretary of
the Navy.
(h) Conveyance Agreement.--The exchange of real property interests
under this section shall be accomplished using an appropriate legal
instrument and upon terms and conditions mutually satisfactory to the
Secretary of the Navy and the College, including such additional terms
and conditions as the Secretary considers appropriate to protect the
interests of the United States.
(i) Exemption From Screening Requirements for Additional Federal
Use.--The authority under this section is exempt from the screening
process required under section 2696(b) of title 10, United States Code.
SEC. 2845. LAND CONVEYANCE, STARKVILLE, MISSISSIPPI.
(a) Conveyance Authorized.--The Secretary of the Army (in this
section referred to as the ``Secretary'') may convey to the City of
Starkville, Mississippi (in this section referred to as the ``City''),
all right, title, and interest of the United States in and to a parcel
of real property, including improvements thereon, consisting of
approximately five acres, located at 343 Highway 12, Starkville,
Mississippi 39759, to be used for economic development purposes.
(b) Consideration.--
(1) In general.--As consideration for the conveyance of
property under subsection (a), the City shall pay to the United
States an amount equal to the fair market value of the property
to be conveyed. <<NOTE: Determination.>> The Secretary shall
determine the fair market
[[Page 136 STAT. 3008]]
value of the property using an independent appraisal based on
the highest and best use of the property.
(2) Determination of fair market value.--The Secretary shall
determine the fair market value of the property to be conveyed
under subsection (a) using an independent appraisal based on the
highest and best use of the property.
(3) Treatment of consideration received.--Consideration
received under paragraph (1) shall be deposited in the special
account in the Treasury established under subsection (b) of
section 572 of title 40, United States Code, and shall be
available in accordance with paragraph (5)(B) of such
subsection.
(c) Payment of Costs of Conveyance.--
(1) Payment.--
(A) In general.--The Secretary may require the City
to cover all costs (except costs for environmental
remediation of the property under the Comprehensive
Environmental Response, Compensation and Liability Act
1980 (42 U.S.C. 9601 et seq.)) to be incurred by the
Secretary, or to reimburse the Secretary for costs
incurred by the Secretary, to carry out the conveyance
under subsection (a), including survey costs, costs for
environmental documentation, and any other
administrative costs related to the conveyance.
(B) Refund.--If amounts are collected from the City
under subparagraph (A) in advance of the Secretary
incurring the actual costs, and the amount collected
exceeds the costs actually incurred by the Secretary to
carry out the conveyance under subsection (a), the
Secretary shall refund the excess amount to the City.
(2) Treatment of amounts received.--Amounts received under
paragraph (1) as reimbursement for costs incurred by the
Secretary to carry out the conveyance under subsection (a) shall
be credited to the fund or account that was used to cover the
costs incurred by the Secretary in carrying out the conveyance,
or to an appropriate fund or account currently available to the
Secretary for the purposes for which the costs were paid.
Amounts so credited shall be merged with amounts in such fund or
account and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in
such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
Subtitle E--Miscellaneous Studies and Reports
SEC. 2851. STUDY ON PRACTICES WITH RESPECT TO DEVELOPMENT OF
MILITARY CONSTRUCTION PROJECTS.
(a) Study Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall seek
[[Page 136 STAT. 3009]]
to enter into an agreement with a federally funded research and
development center for the conduct of a study on the practices of the
Department of Defense with respect to the development of military
construction projects.
(b) Elements.--An agreement under subsection (a) shall specify that
the study conducted pursuant to the agreement shall address each of the
following:
(1) Practices with respect to adoption of Unified Facilities
Criteria changes and the inclusion of such changes into advanced
planning, Department of Defense Form 1391 documentation, and
planning and design.
(2) Practices with respect to how sustainable materials,
such as mass timber and low carbon concrete, are assessed and
included in advanced planning, Department of Defense Form 1391
documentation, and planning and design.
(3) Barriers to incorporating innovative techniques,
including 3D printed building techniques.
(4) Whether the Strategic Environmental Research and
Development Program (established under section 2901 of title 10,
United States Code) or the Environmental Security Technology
Certification Program could be used to validate such sustainable
materials and innovative techniques to encourage the use of such
sustainable materials and innovative techniques by the Army
Corps of Engineers and the Naval Facilities Engineering Systems
Command.
(c) Report to Congress.--Not later than 60 days after the completion
of the study described in this section, the Secretary of Defense shall
submit to the congressional defense committees a report on the results
of the study.
SEC. 2852. REPORT ON CAPACITY OF DEPARTMENT OF DEFENSE TO PROVIDE
SURVIVORS OF NATURAL DISASTERS WITH
EMERGENCY SHORT-TERM HOUSING.
Not later than 220 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to the congressional defense
committees a report analyzing the capacity of the Department of Defense
to provide survivors of natural disasters with emergency short-term
housing.
SEC. 2853. <<NOTE: 10 USC 2711 note.>> REPORTING ON LEAD SERVICE
LINES AND LEAD PLUMBING.
(a) Initial Report.--Not later than January 1, 2025, the Under
Secretary of Defense for Acquisition and Sustainment shall submit to the
congressional defense committees a report that includes--
(1) <<NOTE: List.>> a list of military installations
(including Government-owned family housing facilities), military
housing, and privatized military housing projects that, as of
the date of the report, are being serviced by lead service lines
or lead plumbing for the purposes of receiving drinking water;
(2) <<NOTE: Evaluation.>> an evaluation of whether military
installations and privatized military housing projects are in
compliance with the Lead and Copper Rule and, to the extent that
such installations and projects are not in compliance, an
identification of--
(A) the name and location of each such installation
or project that is not in compliance; and
(B) the timeline and plan for bringing each such
installation or project into compliance; and
[[Page 136 STAT. 3010]]
(3) an identification of steps and resources needed to
remove any remaining lead plumbing from military installations
and housing.
(b) Inclusion of Information in Annual Report.--If, after reviewing
the initial report required under subsection (a), the Secretary of
Defense finds that any military installation or privatized family
housing project is not in compliance with the Lead and Copper Rule, the
Secretary shall include in the annual report on defense environmental
programs required under section 2711 of title 10, United States Code,
for each year after the year in which the initial report is submitted,
an update on the efforts of the Secretary, including negotiations with
privatized military family housing providers, to fully comply with the
Lead and Copper Rule.
SEC. 2854. BRIEFING ON ATTEMPTS TO ACQUIRE LAND NEAR UNITED STATES
MILITARY INSTALLATIONS BY THE PEOPLE'S
REPUBLIC OF CHINA.
The Under Secretary of Defense for Acquisition and Sustainment, in
consultation with the head of the Department of the Air Force Office of
Special Investigations, shall provide a briefing to the Committees on
Armed Services of the Senate and the House of Representatives not later
than June 1, 2023, that details--
(1) attempts by the People's Republic of China to acquire
land that is located in close proximity (as determined by the
Secretary of Defense) to a United States military installation;
and
(2) ongoing Department of Defense efforts to counter such
attempts.
Subtitle F--Other Matters
SEC. 2861. REQUIRED CONSULTATION WITH STATE AND LOCAL ENTITIES FOR
NOTIFICATIONS RELATED TO THE BASING
DECISION-MAKING PROCESS.
Section 483(c) of title 10, United States Code, is amended by adding
at the end a new paragraph:
``(6) With respect to any decision of the Secretary
concerned that would result in a significant increase in the
number of members of the Armed Forces assigned to a military
installation, a description of the consultation with appropriate
State and local entities regarding the basing decision to ensure
consideration of matters affecting the local community,
including requirements for transportation, utility
infrastructure, housing, education, and family support
activities.''.
SEC. 2862. INCLUSION IN DEFENSE COMMUNITY INFRASTRUCTURE PILOT
PROGRAM OF CERTAIN PROJECTS FOR ROTC
TRAINING.
Section 2391 of title 10, United States Code, is further amended--
(1) in subsection (d)(1)(B)--
(A) by redesignating clauses (ii) and (iii) as
clauses (iii) and (iv), respectively; and
(B) by inserting after clause (i) the following new
clause (ii):
[[Page 136 STAT. 3011]]
``(ii) Projects that will contribute to the training of
cadets enrolled in an independent Reserve Officer Training Corps
program at a covered educational institution.''; and
(2) in subsection (e), by adding at the end the following
new paragraph:
``(6) <<NOTE: Definition.>> The term `covered educational
institution' means a college or university that is--
``(A) a part B institution, as defined in section
322 of the Higher Education Act of 1965 (20 U.S.C.
1061);
``(B) an 1890 Institution, as defined in section 2
of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7601);
``(C) not affiliated with a consortium; and
``(D) located at least 40 miles from a major
military installation.''.
SEC. 2863. INCLUSION OF INFRASTRUCTURE IMPROVEMENTS IDENTIFIED IN
THE REPORT ON STRATEGIC SEAPORTS IN
DEFENSE COMMUNITY INFRASTRUCTURE PILOT
PROGRAM.
Section 2391(d) of title 10, United States Code, as amended by this
Act, is further amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) In selecting community infrastructure projects to receive
assistance under this subsection, the Secretary shall consider
infrastructure improvements identified in the report on strategic
seaports required by section 3515 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1985).''.
SEC. 2864. INCLUSION OF CERTAIN PROPERTY FOR PURPOSES OF DEFENSE
COMMUNITY INFRASTRUCTURE PILOT PROGRAM.
Section 2391(e)(4)(A)(i) of title 10, United States Code, as amended
by this Act, is further amended by inserting ``or on property under the
jurisdiction of a Secretary of a military department that is subject to
a real estate agreement (including a lease or easement)'' after
``installation''.
SEC. 2865. EXPANSION OF PILOT PROGRAM ON INCREASED USE OF
SUSTAINABLE BUILDING MATERIALS IN
MILITARY CONSTRUCTION TO INCLUDE
LOCATIONS THROUGHOUT THE UNITED STATES.
Section 2861(b)(2) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 2802 note) is amended in
the matter preceding subparagraph (A) by striking ``continental''.
SEC. 2866. BASING DECISION SCORECARD CONSISTENCY AND TRANSPARENCY.
Section 2883(h) of the Military Construction Authorization Act for
Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 1781b note) is amended--
(1) by amending paragraph (3) to read as follows:
``(3) Availability.--
[[Page 136 STAT. 3012]]
``(A) <<NOTE: Public information. Web posting.>> In
general.--A current version of each scorecard
established under this subsection shall be available to
the public through an Internet website of the military
department concerned.
``(B) Methodology and criteria.--
``(i) Availability.--Each Secretary of a
military department shall publish on the website
described in subparagraph (A) the methodology and
criteria each time such Secretary establishes or
updates a scorecard.
``(ii) <<NOTE: Time period.>> Public
comment.--Each Secretary of a military department
shall establish a 60-day public comment period
beginning on each date of publication of such
methodology and criteria.''; and
(2) by adding at the end the following new paragraph:
``(4) Coordination.--In establishing or updating a scorecard
under this subsection, each Secretary of the military department
concerned shall coordinate with the Secretary of Defense to
ensure consistency across the military departments.''.
SEC. 2867. TEMPORARY AUTHORITY FOR ACCEPTANCE AND USE OF FUNDS FOR
CERTAIN CONSTRUCTION PROJECTS IN THE
REPUBLIC OF KOREA.
Section 2863 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 133 Stat. 1899) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A),
by striking ``cash''; and
(ii) in subparagraph (B), by inserting ``and
construction'' after ``The design''; and
(B) by adding at the end the following new
paragraph:
``(3) Method of contribution.--Contributions may be accepted
under this subsection in any of the forms referred to in section
2350k(c) of title 10, United States Code.''; and
(2) in subsection (b), by striking ``Contributions'' and
inserting ``Cash contributions''.
SEC. 2868. REPEAL OF REQUIREMENT FOR INTERAGENCY COORDINATION
GROUP OF INSPECTORS GENERAL FOR GUAM
REALIGNMENT.
Section 2835 of the Military Construction Authorization Act for
Fiscal Year 2010 (division B of Public Law 111-84; 10 U.S.C. 2687 note)
is repealed.
SEC. 2869. LEASE OR USE AGREEMENT FOR CATEGORY 3 SUBTERRANEAN
TRAINING FACILITY.
(a) <<NOTE: 10 USC note prec. 2001.>> In General.--The Secretary of
Defense may seek to enter into a lease or use agreement with a category
3 subterranean training facility that--
(1) is located in close proximity (as determined by the
Secretary of Defense) to the home station of an air assault unit
or a special operations force; and
(2) has the capacity to--
(A) provide brigade or large full-mission profile
training;
(B) rapidly replicate full-scale underground venues;
(C) support helicopter landing zones; and
[[Page 136 STAT. 3013]]
(D) support underground live fire.
(b) Use of Facility.--A lease or use agreement entered into pursuant
to subsection (a) shall provide that the category 3 subterranean
training facility shall be made available for--
(1) hosting of training and testing exercises for--
(A) members of the Armed Forces, including members a
special operations force;
(B) personnel of combat support agencies, including
the Defense Threat Reduction Agency; and
(C) such other personnel as the Secretary of Defense
determines appropriate; and
(2) such other purposes as the Secretary of Defense
determines appropriate.
(c) Duration.--The duration of any lease or use agreement entered
into pursuant to subsection (a) shall be for a period of not less than 5
years.
(d) Category 3 Subterranean Training Facility Defined.--In this
section, the term ``category 3 subterranean training facility'' means an
underground structure designed and built--
(1) to be unobserved and to provide maximum protection; and
(2) to serve as a command and control, operations, storage,
production, and protection facility.
(e) Conforming Repeal.--Section 375 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C.
2001 note prec.) is repealed.
SEC. 2870. LIMITATION ON USE OF FUNDS FOR CLOSURE OF COMBAT
READINESS TRAINING CENTERS.
(a) Limitation.--None of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2023 for the Air
Force may be obligated or expended to close, or prepare to close, any
combat readiness training center.
(b) Waiver.--The Secretary of the Air Force may waive the limitation
under subsection (a) with respect to a combat readiness training center
if the Secretary submits to the congressional defense committees the
following:
(1) <<NOTE: Certification.>> A certification that--
(A) the closure of the center would not be in
violation of section 2687 of title 10, United States
Code; and
(B) the support capabilities provided by the center
will not be diminished as a result of the closure of the
center.
(2) <<NOTE: Reports.>> A report that includes--
(A) a detailed business case analysis for the
closure of the center; and
(B) <<NOTE: Assessments.>> an assessment of the
effects the closure of the center would have on training
units of the Armed Forces, including any active duty
units that may use the center.
SEC. 2871. REQUIRED INVESTMENTS IN IMPROVING CHILD DEVELOPMENT
CENTERS.
(a) Investments in Child Development Centers.--Of the total amount
authorized to be appropriated for fiscal year 2023 for the Department of
Defense for Facilities Sustainment, Restoration, and Modernization
activities of a military department, the Secretary of that military
department shall reserve an amount greater than or equal to one percent
of the estimated replacement
[[Page 136 STAT. 3014]]
cost for fiscal year 2023 of the total inventory of child development
centers under the jurisdiction of that Secretary for the purpose of
carrying out projects for the improvement of child development centers.
(b) Child Development Center Defined.--In this section, the term
``child development center'' has meaning given the term ``military child
development center'' in section 1800(1) of title 10, United States Code.
SEC. 2872. <<NOTE: 10 USC 2864 note.>> INTERAGENCY REGIONAL
COORDINATOR FOR RESILIENCE PILOT
PROJECT.
(a) Pilot Project.--The Secretary of Defense shall carry out a pilot
program under which the Secretary shall establish within the Department
of Defense four Interagency Regional Coordinators. Each Interagency
Regional Coordinator shall be responsible for improving the resilience
of a community that supports a military installation and serving as a
model for enhancing community resilience before disaster strikes.
(b) Selection.--Each Interagency Regional Coordinator shall support
military installations and surrounding communities within a geographic
area, with at least one such Coordinator serving each of the East, West,
and Gulf coasts. For purposes of the project, the Secretary shall select
geographic areas--
(1) with significant sea level rise and recurrent flooding
that prevents members of the Armed Forces from reaching their
posts or jeopardizes military readiness; and
(2) where communities have collaborated on multi-
jurisdictional climate adaptation planning efforts, including
such collaboration with the Army Corps of Engineers Civil Works
Department and through Joint Land Use Studies.
(c) Collaboration.--In carrying out the pilot project, the Secretary
shall build on existing efforts through collaboration with State and
local entities, including emergency management, transportation,
planning, housing, community development, natural resource managers, and
governing bodies and with the heads of appropriate Federal departments
and agencies.
SEC. 2873. ACCESS TO MILITARY INSTALLATIONS FOR HOMELAND SECURITY
INVESTIGATIONS PERSONNEL IN GUAM.
The commander of a military installation located in Guam shall grant
to an officer or employee of Homeland Security Investigations the same
access to such military installation such commander grants to an officer
or employee of U.S. Customs and Border Protection or of the Federal
Bureau of Investigation.
SEC. 2874. PROHIBITION ON JOINT USE OF HOMESTEAD AIR RESERVE BASE
WITH CIVIL AVIATION.
On <<NOTE: Effective date.>> or before September 30, 2026, the
Secretary of the Air Force may not enter into an agreement that would
provide for or permit the joint use of Homestead Air Reserve Base,
Homestead, Florida, by the Air Force and civil aircraft.
SEC. 2875. <<NOTE: 10 USC 2802 note.>> ELECTRICAL CHARGING
CAPABILITY CONSTRUCTION REQUIREMENTS
RELATING TO PARKING FOR FEDERAL
GOVERNMENT MOTOR VEHICLES.
(a) In General.--If the Secretary concerned develops plans for a
project to construct any facility that includes or will include parking
for covered motor vehicles, the Secretary concerned shall
[[Page 136 STAT. 3015]]
include in any Department of Defense Form 1391, or successor form,
submitted to Congress for that project--
(1) the provision of electric vehicle charging capability at
the facility adequate to provide electrical charging,
concurrently, for not less than 15 percent of all covered motor
vehicles planned to be parked at the facility;
(2) the inclusion of the cost of constructing such
capability in the overall cost of the project; and
(3) an analysis of whether a parking structure or lot will
be the primary charging area for covered motor vehicles or if
another area, such as public works or the motor pool, will be
the primary charging area.
(b) Definitions.--In this section:
(1) The term ``covered motor vehicle'' means a Federal
Government motor vehicle, including a motor vehicle leased by
the Federal Government.
(2) The term ``Secretary concerned'' means--
(A) the Secretary of a military department with
respect to facilities under the jurisdiction of that
Secretary; and
(B) the Secretary of Defense with respect to matters
concerning the Defense Agencies and facilities of a
reserve component owned by a State rather than the
United States.
TITLE XXIX-- <<NOTE: Nevada.>> FALLON RANGE TRAINING COMPLEX
Subtitle A--Fallon Range Training Complex
Sec. 2901. Military land withdrawal for Fallon Range Training Complex.
Sec. 2902. Numu Newe Special Management Area.
Sec. 2903. National conservation areas.
Sec. 2904. Collaboration with State and county.
Sec. 2905. Wilderness areas in Churchill County, Nevada.
Sec. 2906. Release of wilderness study areas.
Sec. 2907. Land conveyances and exchanges.
Sec. 2908. Checkerboard resolution.
Subtitle B--Lander County Economic Development and Conservation
Sec. 2911. Definitions.
Part I--Lander County Public Purpose Land Conveyances
Sec. 2921. Definitions.
Sec. 2922. Conveyances to Lander County, Nevada.
Part II--Lander County Wilderness Areas
Sec. 2931. Definitions.
Sec. 2932. Designation of wilderness areas.
Sec. 2933. Release of wilderness study areas.
Subtitle A--Fallon Range Training Complex
SEC. 2901. MILITARY LAND WITHDRAWAL FOR FALLON RANGE TRAINING
COMPLEX.
The Military Land Withdrawals Act of 2013 (Public Law 113-66; 127
Stat. 1025) is amended by adding at the end the following:
[[Page 136 STAT. 3016]]
``Subtitle G--Fallon Range Training Complex, Nevada
``SEC. 2981. WITHDRAWAL AND RESERVATION OF PUBLIC LAND.
``(a) Withdrawal.--
``(1) Bombing ranges.--Subject to valid rights in existence
on the date of enactment of this subtitle, and except as
otherwise provided in this subtitle, the land established as the
B-16, B-17, B-19, and B-20 Ranges, as referred to in subsection
(b), and all other areas within the boundary of such land as
depicted on the map entitled `Churchill County Proposed Fallon
Range Training Complex Modernization and Lands Bill' and dated
November 30, 2022, which may become subject to the operation of
the public land laws, are withdrawn from all forms of--
``(A) entry, appropriation, or disposal under the
public land laws;
``(B) location, entry, and patent under the mining
laws; and
``(C) disposition under all laws relating to mineral
and geothermal leasing or mineral materials.
``(2) Dixie valley training area.--The land and interests in
land within the boundaries established at the Dixie Valley
Training Area, as referred to in subsection (b), are withdrawn
from all forms of--
``(A) entry, appropriation, or disposal under the
public land laws; and
``(B) location, entry, and patent under the mining
laws.
``(b) Description of Land.--The public land and interests in land
withdrawn and reserved by this section comprise approximately 790,825
acres of land in Churchill County, Lyon County, Mineral County, Pershing
County, and Nye County, Nevada, as generally depicted as `Proposed FRTC
Modernization' and `Existing Navy Withdrawal Areas' on the map entitled
`Churchill County Proposed Fallon Range Training Complex Modernization
and Lands Bill', dated November 30, 2022, and filed in accordance with
section 2912. The ranges in the Fallon Range Training Complex described
in this subsection are identified as B-16, B-17, B-19, B-20, Dixie
Valley Training Area and the Shoal Site.
``(c) Purpose of Withdrawal and Reservation.--
``(1) Bombing ranges.--The land withdrawn by subsection
(a)(1) is reserved for use by the Secretary of the Navy for--
``(A) aerial testing and training, bombing, missile
firing, electronic warfare, tactical combat maneuvering,
and air support;
``(B) ground combat tactical maneuvering and firing;
and
``(C) other defense-related purposes that are--
``(i) consistent with the purposes specified
in the preceding paragraphs; and
``(ii) authorized under section 2914.
``(2) Dixie valley training area.--The land withdrawn by
subsection (a)(2) is reserved for use by the Secretary of the
Navy for--
``(A) aerial testing and training, electronic
warfare, tactical combat maneuvering, and air support;
and
[[Page 136 STAT. 3017]]
``(B) ground combat tactical maneuvering.
``(d) Inapplicability of General Provisions.--Notwithstanding
section 2911(a) and except as otherwise provided in this subtitle,
sections 2913 and 2914 shall not apply to the land withdrawn by
subsection (a)(2).
``SEC. 2982. MANAGEMENT OF WITHDRAWN AND RESERVED LAND.
``(a) Management by the Secretary of the Navy.--During the duration
of the withdrawal under section 2981, the Secretary of the Navy shall
manage the land withdrawn and reserved comprising the B-16, B-17, B-19,
and B-20 Ranges for the purposes described in section 2981(c)--
``(1) in accordance with--
``(A) an integrated natural resources management
plan prepared and implemented under title I of the Sikes
Act (16 U.S.C. 670a et seq.);
``(B) a written agreement between the Secretary of
the Navy and the Governor of Nevada that provides for a
minimum of 15 days annually for big game hunting on
portions of the B-17 Range consistent with military
training requirements;
``(C) a programmatic agreement between the Secretary
of the Navy and the Nevada State Historic Preservation
Officer and other parties, as appropriate, regarding
management of historic properties as the properties
relate to operation, maintenance, training, and
construction at the Fallon Range Training Complex;
``(D) written agreements between the Secretary of
the Navy and affected Indian tribes and other
stakeholders to accommodate access by Indian tribes and
State and local governments to the B-16, B-17, B-19, and
B-20 Ranges consistent with military training
requirements and public safety;
``(E) a written agreement entered into by the
Secretary of the Navy and affected Indian tribes that
provides for regular, guaranteed access, consisting of a
minimum of 4 days per month, for affected Indian tribes;
and
``(F) any other applicable law; and
``(2) in a manner that--
``(A) provides that any portion of the land
withdrawn by section 2981(a) that is located outside of
the Weapons Danger Zone, as determined by the Secretary
of the Navy, shall be relinquished to the Secretary of
the Interior and managed under all applicable public
land laws;
``(B) ensures that the Secretary of the Navy avoids
target placement and training within--
``(i) biologically sensitive areas, as mapped
in the Record of Decision for the Fallon Range
Training Complex Modernization Final Environmental
Impact Statement dated March 12, 2020; and
``(ii) to the maximum extent practicable,
areas that have cultural, religious, and
archaeological resources of importance to affected
Indian tribes;
``(C) ensures that access is provided for special
events, administrative, cultural, educational, wildlife
management, and emergency management purposes; and
[[Page 136 STAT. 3018]]
``(D) provides that within the B-17 Range the
placement of air to ground ordnance targets shall be
prohibited throughout the entirety of the withdrawal in
the areas identified as the `Monte Cristo Range
Protection Area' on the map entitled `Churchill County
Proposed Fallon Range Training Complex Modernization and
Lands Bill' and dated November 30, 2022.
``(b) Management by the Secretary of the Interior.--
``(1) In general.--During the duration of the withdrawal
under section 2981, the Secretary of the Interior shall manage
the land withdrawn and reserved comprising the Dixie Valley
Training Area and the Shoal Site for the applicable purposes
described in section 2981(c) in accordance with--
``(A) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.);
``(B) the Record of Decision for the Fallon Range
Training Complex Modernization Final Environmental
Impact Statement dated March 12, 2020;
``(C) this subtitle; and
``(D) any other applicable law.
``(2) Consultation with secretary of the navy.--Prior to
authorizing any use of the land comprising the Dixie Valley
Training Area or Shoal Site withdrawn and reserved by section
2981, the Secretary of the Interior shall consult with the
Secretary of the Navy. Such consultation shall include--
``(A) informing the Secretary of the Navy of the
pending authorization request so that the Secretary of
the Navy and the Secretary of the Interior may work
together to preserve the training environment; and
``(B) prior to authorizing any installation or use
of mobile or stationary equipment used to transmit and
receive radio signals, obtaining permission from the
Secretary of the Navy to authorize the use of such
equipment.
``(3) Agreement.--The Secretary of the Navy and the
Secretary of the Interior shall enter into an agreement
describing the roles and responsibilities of each Secretary with
respect to the management and use of the Dixie Valley Training
Area and Shoal Site to ensure no closure of an existing county
road and no restrictions or curtailment on public access for the
duration of the withdrawal while preserving the training
environment and in accordance with this subsection.
``(4) Access.--The land comprising the Dixie Valley Training
Area withdrawn and reserved by section 2981(a)(2) shall remain
open for public access for the duration of the withdrawal.
``(5) Authorized uses.--Subject to applicable laws and
policy, the following uses are permitted in the Dixie Valley
Training Area for the duration of the withdrawal:
``(A) Livestock grazing.
``(B) Geothermal exploration and development west of
State Route 121, as managed by the Bureau of Land
Management in coordination with the Secretary of the
Navy.
``(C) Exploration and development of salable
minerals or other fluid or leasable minerals, as managed
by the Bureau of Land Management in coordination with
the Secretary of the Navy.
[[Page 136 STAT. 3019]]
``(6) Infrastructure.--The Secretary of the Navy and the
Secretary of the Interior shall allow water and utility
infrastructure within the Dixie Valley Training Area withdrawn
by section 2981(a)(2) as described in sections 2995(a)(4) and
2996.
``(c) Limitation on Use of Land Prior to Completion of
Commitments.--
``(1) <<NOTE: Certification.>> In general.--The Secretary
of the Navy shall not make operational use of the expanded area
of the B-16, B-17, or B-20 Ranges, as depicted on the map
entitled `Churchill County Proposed Fallon Range Training
Complex Modernization and Lands Bill' and dated November 30,
2022, that were not subject to previous withdrawals comprising
the Fallon Range Training Complex which are withdrawn and
reserved by section 2981 until the Secretary of the Navy and the
Secretary of the Interior certify in writing to the Committee on
Armed Services, the Committee on Energy and Natural Resources,
and the Committee on Indian Affairs of the Senate and the
Committee on Armed Services and the Committee on Natural
Resources of the House of Representatives on the completion of
the commitments pertaining to each range from the Record of
Decision for the Fallon Range Training Complex Modernization
Final Environmental Impact Statement dated March 12, 2020, and
the provisions of this subtitle. The Secretary of the Navy and
the Secretary of the Interior may submit certifications for
individual ranges to allow operational use of a specific range
prior to completion of commitments related to other ranges.
``(2) Public access.--Public access to the existing Pole
Line Road shall be maintained until completion of construction
of an alternate route as specified by section 2991(a)(2)(B).
``(3) <<NOTE: Deadline.>> Payment.--Not later than 1 year
after the date of enactment of this subtitle, subject to the
availability of appropriations, from amounts appropriated to the
Secretary of the Navy for operation and maintenance, the
Secretary of the Navy shall transfer to Churchill County,
Nevada, $20,000,000 for deposit in an account designated by
Churchill County, Nevada, to resolve the loss of public access
and multiple use within Churchill County, Nevada.
``SEC. 2983. ORDNANCE LANDING OUTSIDE TARGET AREAS.
``The Secretary of the Navy, in the administration of an Operational
Range Clearance program, shall ensure that tracked ordnance (bombs,
missiles, and rockets) known to have landed outside a target area in the
B-17 and B-20 Ranges is removed within 180 days of the event and, to the
extent practicable, tracked ordnance known to have landed within the
Monte Cristo Range Protection Area described in section 2982(a)(2)(D)
shall be removed within 45 days of the event. <<NOTE: Reports.>> The
Secretary of the Navy shall report to the Fallon Range Training Complex
Intergovernmental Executive Committee directed by section 3011(a)(5) of
the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106-
65; 113 Stat. 885; 134 Stat. 4349) not less frequently than annually,
instances in which ordnance land outside target areas and the status of
efforts to clear such ordnance.
``SEC. 2984. RELATIONSHIP TO OTHER RESERVATIONS.
``(a) B-16 and B-20 Ranges.--To the extent the withdrawal and
reservation made by section 2981 for the B-16 and B-20
[[Page 136 STAT. 3020]]
Ranges withdraws land currently withdrawn and reserved for use by the
Bureau of Reclamation, the reservation made by section 2981 shall be the
primary reservation for public safety management actions only, and the
existing Bureau of Reclamation reservation shall be the primary
reservation for all other management actions. The <<NOTE: Contracts.>>
Secretary of the Navy shall enter into an agreement with the Secretary
of the Interior to ensure continued access to the B-16 and B-20 Ranges
by the Bureau of Reclamation to conduct management activities consistent
with the purposes for which the Bureau of Reclamation withdrawal was
established.
``(b) Shoal Site.--The Secretary of Energy shall remain responsible
and liable for the subsurface estate and all activities of the Secretary
of Energy at the Shoal Site withdrawn and reserved by Public Land Order
Number 2771, as amended by Public Land Order Number 2834.
``SEC. 2985. INTEGRATED NATURAL RESOURCES MANAGEMENT PLAN.
``(a) Preparation Required.--
``(1) <<NOTE: Update.>> Preparation; deadline.--Within 2
years after the date of enactment of this subtitle, the
Secretary of the Navy shall update the current integrated
natural resources management plan for the land withdrawn and
reserved by section 2981.
``(2) Coordination.--The Secretary of the Navy shall prepare
the integrated natural resources management plan in coordination
with the Secretary of the Interior, the State of Nevada,
Churchill County, Nevada, other impacted counties in the State
of Nevada, and affected Indian tribes.
``(b) Resolution of Conflicts.--
``(1) In general.--Any disagreement among the parties
referred to in subsection (a) concerning the contents or
implementation of the integrated natural resources management
plan prepared under that subsection or an amendment to the
management plan shall be resolved by the Secretary of the Navy,
the Secretary of the Interior, and the State of Nevada, acting
through--
``(A) the State Director of the Nevada State Office
of the Bureau of Land Management;
``(B) the Commanding Officer of Naval Air Station
Fallon, Nevada;
``(C) the State Director of the Nevada Department of
Wildlife;
``(D) if appropriate, the Regional Director of the
Pacific Southwest Region of the United States Fish and
Wildlife Service; and
``(E) if appropriate, the Regional Director of the
Western Region of the Bureau of Indian Affairs.
``(2) Consultation.--Prior to the resolution of any conflict
under paragraph (1), the Secretary of the Navy shall consult
with the Intergovernmental Executive Committee in accordance
with section 3011(a)(5) of the Military Lands Withdrawal Act of
1999 (title XXX of Public Law 106-65; 113 Stat. 885; 134 Stat.
4349).
``(c) Elements of Plan.--Subject to subsection (b), the integrated
natural resources management plan under subsection (a)--
[[Page 136 STAT. 3021]]
``(1) shall be prepared and implemented in accordance with
the Sikes Act (16 U.S.C. 670 et seq.);
``(2) shall include provisions for--
``(A) proper management and protection of the
natural resources of the land; and
``(B) sustainable use by the public of such
resources to the extent consistent with the military
purposes for which the land is withdrawn and reserved;
``(3) shall coordinate access with the Nevada Department of
Wildlife to manage hunting, fishing, and trapping on the land
where compatible with the military mission;
``(4) shall provide for livestock grazing and agricultural
out-leasing on the land, if appropriate--
``(A) in accordance with section 2667 of title 10,
United States Code; and
``(B) at the discretion of the Secretary of the
Navy;
``(5) shall identify current test and target impact areas
and related buffer or safety zones on the land;
``(6) shall provide that the Secretary of the Navy--
``(A) shall take necessary actions to prevent,
suppress, manage, and rehabilitate brush and range fires
occurring on land withdrawn or owned within the Fallon
Range Training Complex and fires resulting from military
activities outside the withdrawn or owned land of the
Fallon Range Training Complex; and
``(B) notwithstanding section 2465 of title 10,
United States Code--
``(i) may obligate funds appropriated or
otherwise available to the Secretary of the Navy
to enter into memoranda of understanding,
cooperative agreements, and contracts for fire
management; and
``(ii) <<NOTE: Reimbursement.>> shall
reimburse the Secretary of the Interior for costs
incurred under this paragraph;
``(7) shall provide that all gates, fences, and barriers
constructed after the date of enactment of this subtitle shall
be designed and erected, to the maximum extent practicable and
consistent with military security, safety, and sound wildlife
management use, to allow for wildlife access;
``(8) if determined appropriate by the Secretary of the
Navy, the Secretary of the Interior, and the State of Nevada
after review of any existing management plans applicable to the
land, shall incorporate the existing management plans;
``(9) <<NOTE: Procedures.>> shall include procedures to
ensure that--
``(A) <<NOTE: Reviews.>> the periodic reviews of
the integrated natural resources management plan
required by the Sikes Act (16 U.S.C. 670 et seq.) are
conducted jointly by the Secretary of the Navy, the
Secretary of the Interior, and the State of Nevada; and
``(B) affected counties and affected Indian tribes
and the public are provided a meaningful opportunity to
comment on any substantial revisions to the plan that
may be proposed pursuant to such a review;
``(10) <<NOTE: Procedures.>> shall provide procedures to
amend the integrated natural resources management plan as
necessary;
``(11) shall allow access to, and ceremonial use of, Tribal
sacred sites to the extent consistent with the military purposes
[[Page 136 STAT. 3022]]
for which the land is withdrawn and reserved by section 2981(a);
and
``(12) <<NOTE: Consultation.>> shall provide for timely
consultation with affected Indian tribes.
``SEC. 2986. USE OF MINERAL MATERIALS.
``Notwithstanding any other provision of this subtitle or of the Act
of July 31, 1947 (commonly known as the Materials Act of 1947; 30 U.S.C.
601 et seq.), the Secretary of the Navy may use sand, gravel, or similar
mineral materials resources of the type subject to disposition under
that Act from land withdrawn and reserved by this subtitle if use of
such resources is required for construction needs on the land.
``SEC. 2987. TRIBAL ACCESS AGREEMENT AND CULTURAL RESOURCES
SURVEY.
``(a) Tribal Access Agreement.--
``(1) <<NOTE: Deadline.>> In general.--Not later than 120
days after the date of enactment of this subtitle, the Secretary
of the Navy and the Secretary of the Interior shall enter into
an agreement with each affected Indian tribe for the purpose of
establishing continued, regular, and timely access to the land
withdrawn and reserved by section 2981, including all land
subject to previous withdrawals under section 3011(a) of the
Military Lands Withdrawal Act of 1999 (title XXX of Public Law
106-65; 113 Stat. 885), for cultural, religious, gathering and
ceremonial uses by affected Indian tribes.
``(2) Access.--The Secretary of the Navy shall--
``(A) provide access in accordance with the
agreement entered into under paragraph (1); and
``(B) to the extent practicable and consistent with
operational, safety, and security needs, seek to
minimize notice from the affected Indian tribe and
chaperoning requirements for Tribal access.
``(3) Resolution of conflicts.--If an affected Indian tribe
provides written comments to the Secretary of the Navy or the
Secretary of the Interior proposing changes or additions to the
agreement entered into under paragraph (1) and the proposals are
not incorporated in the final agreement, the Secretary concerned
shall--
``(A) respond in writing to the affected Indian
tribe explaining a clear, identifiable rationale why the
proposed change was not incorporated; and
``(B) share the written responses under subparagraph
(A) with the Committee on Armed Services of the House of
Representatives, the Committee on Natural Resources of
the House of Representatives, the Committee on Armed
Services of the Senate, and the Committee on Indian
Affairs of the Senate.
``(b) <<NOTE: Assessment.>> Ethnographic Study.--The Secretary of
the Navy, in consultation with the State of Nevada and appropriate
Tribal governments, shall conduct an ethnographic study of the expanded
Fallon Range Training Complex to assess the importance of that area to
Indian tribes and the religious and cultural practices of those Indian
tribes.
``(c) Cultural Resources Survey.--
``(1) Survey.-- <<NOTE: Review.>> The Secretary of the Navy,
after consultation with affected Indian tribes and review of
data, studies, and
[[Page 136 STAT. 3023]]
reports in the possession of such Indian tribes, shall conduct a
cultural resources survey of the land withdrawn and reserved by
section 2981 for each of the expanded areas of the B-16, B-17,
and B-20 Ranges that were not subject to previous surveys in
support of the Record of Decision for the Fallon Range Training
Complex Modernization Final Environmental Impact Statement dated
March 12, 2020, and previous withdrawals comprising the Fallon
Range Training Complex that includes pedestrian field surveys
and the inventory and identification of specific sites
containing cultural, religious, and archaeological resources of
importance to affected Indian tribes.
``(2) <<NOTE: Deadline.>> Results.--Not later than 2 years
after the date of enactment of this subtitle, the Secretary of
the Navy shall provide the results of the survey conducted under
paragraph (1) to affected Indian tribes for review and comment
prior to concluding survey activities.
``(3) Inclusion in agreement.--The agreement under
subsection (a) shall include access to the specific sites
identified by the survey conducted under paragraph (1) by
affected Indian tribes, including proper disposition or
protection of, and any requested access to, any identified
burial sites, in accordance with the Native American Graves
Protection and Repatriation Act (25 U.S.C. 3001 et seq.).
``(4) Limitation on use of land prior to completion of
survey.--The Secretary of the Navy shall not make operational
use of the expanded areas of the B-16, B-17, and B-20 Ranges
that were not subject to previous withdrawals comprising the
Fallon Range Training Complex until the date of completion of
the survey required by paragraph (1).
``(d) <<NOTE: Coordination.>> Participation of Affected Indian
Tribes.--In conducting an ethnographic study or cultural resources
survey under subsection (b) or (c), the Secretary of the Navy shall
coordinate with, and provide for the participation of, each applicable
affected Indian tribe.
``(e) Agreement to Mitigate Adverse Effects.--The Secretary of the
Navy, the Secretary of the Interior, and affected Indian tribes shall
enter into an agreement consistent with section 306108 of title 54,
United States Code, that identifies actions to avoid, minimize, or
mitigate adverse effects to sites identified in subsection (c),
including adverse effects from noise. Using the results of surveys
conducted under subsection (c), the Navy shall, in coordination with
affected Indian tribes and to the extent practicable, avoid placing
targets or other range infrastructure in culturally sensitive areas. The
Navy shall avoid placement of targets in known sensitive habitat,
cultural, or historic areas within the Monte Cristo Mountains.
``(f) Report.--Not later than 1 year after the date on which each of
the agreements required under this section have been entered into and
the survey and study required under this section have been completed,
the Secretary of the Navy and the Secretary of the Interior shall
jointly submit to Congress a report describing--
``(1) the access protocols established by the agreement
under subsection (a);
``(2) the results of the ethnographic study conducted under
subsection (b);
``(3) the results of the cultural resources survey under
subsection (c); and
[[Page 136 STAT. 3024]]
``(4) actions to be taken to avoid, minimize, or mitigate
adverse effects to sites on the land withdrawn and reserved by
section 2981.
``(g) <<NOTE: Determination.>> Public Availability.--Information
concerning the nature and specific location of a cultural resource shall
be exempt from disclosure under section 552 of title 5 and any other law
unless the Secretary of the Navy, in consultation with affected Indian
tribes, determines that disclosure would--
``(1) further the purposes of this section;
``(2) not create risk of harm to or theft or destruction of
the cultural resource or the site containing the cultural
resource; and
``(3) be in accordance with other applicable laws.''.
``SEC. 2988. RESOLUTION OF WALKER RIVER PAIUTE TRIBE CLAIMS.
``(a) <<NOTE: Deadline.>> Payment to Tribe.--Not later than 1 year
after the date of enactment of this subtitle and subject to the
availability of appropriations, the Secretary of the Navy shall transfer
$20,000,000 of amounts appropriated to the Secretary of the Navy for
operation and maintenance to an account designated by the Walker River
Paiute Tribe (referred to in this section as the `Tribe') to resolve the
claims of the Tribe against the United States for the contamination,
impairment, and loss of use of approximately 6,000 acres of land that is
within the boundaries of the reservation of the Tribe.
``(b) Limitation on Use of Land Prior to Completion of Payment.--The
Secretary of the Navy shall not make operational use of the expanded
areas of the B-16, B-17, and B-20 Ranges that were not subject to
previous withdrawals comprising the Fallon Range Training Complex and
that are withdrawn and reserved by section 2981 until the date on which
the amount is transferred under subsection (a).
``(c) Additional Trust Land.--
``(1) <<NOTE: Deadline. Assessment. Determinations.>>
Environmental site assessment.--Not later than 1 year after the
date of enactment of this subtitle and prior to taking the land
described in paragraph (4) into trust for the benefit of the
Tribe under paragraph (3)(A), the Director of the Bureau of
Indian Affairs (referred to in this subsection as the
`Director') shall complete an environmental site assessment to
determine with respect to the land--
``(A) the likelihood of the presence of hazardous
substance-related or other environmental liability; and
``(B) if the Director determines the presence of
hazardous substance-related or other environmental
liability is likely under subparagraph (A)--
``(i) the extent of the contamination caused
by such hazardous substance or other environmental
liability; and
``(ii) whether that liability can be
remediated by the United States.
``(2) Contaminated land.--
``(A) In general.--If the Director determines
pursuant to the environmental site assessment completed
under paragraph (1) that there is a likelihood of the
presence of hazardous substance-related or other
environmental liability on the land described in
paragraph (4), the Director
[[Page 136 STAT. 3025]]
shall consult with the Tribe on whether the land is
still suitable for transfer into trust for the benefit
of the Tribe.
``(B) Determination.--If the Tribe determines land
identified as contaminated under subparagraph (A) is
still suitable to take into trust for the benefit of the
Tribe, the Director, notwithstanding any other provision
of law, shall take the land into trust for the benefit
of the Tribe in accordance with paragraph (3).
``(3) Land to be held in trust for the tribe; identification
of alternative land.--
``(A) In general.--If the Tribe determines pursuant
to paragraph (2) that the land described in paragraph
(4) should be taken into trust for the benefit of the
Tribe (including if such land is determined to be
contaminated), subject to valid existing rights, all
right, title, and interest of the United States in and
to the land shall be--
``(i) held in trust by the United States for
the benefit of the Tribe; and
``(ii) made part of the existing reservation
of the Tribe.
``(B) Identification of suitable and comparable
alternative
land. <<NOTE: Determination. Deadline. Contracts.>> --If
the Tribe determines pursuant to paragraph (2), due to
discovered environmental issues that the land described
in paragraph (4) is not suitable to be taken into trust
for the benefit of the Tribe, not later than 1 year
after the date on which the Tribe makes that
determination, the Director and the Tribe shall enter
into an agreement to identify suitable and comparable
alternative land in relative distance and located in the
same county as the land described in paragraph (4) to be
withdrawn from Federal use and taken into trust for the
benefit of the Tribe.
``(C) Environmental liability.--
``(i) In general.--Notwithstanding any other
provision of law, the United States shall not be
liable for any soil, surface water, groundwater,
or other contamination resulting from the
disposal, release, or presence of any
environmental contamination on any portion of the
land described in paragraph (4) that occurred on
or before the date on which the land was taken
into trust for the benefit of the Tribe. The
United States shall not fund or take any action to
remediate such land after such land has been so
taken into trust.
``(ii) Environmental contamination
description.--An environmental contamination
described in clause (i) includes any oil or
petroleum products, hazardous substances,
hazardous materials, hazardous waste, pollutants,
toxic substances, solid waste, or any other
environmental contamination or hazard as defined
in any Federal law or law of the State of Nevada.
``(4) Land described.--Subject to paragraph (5), the land to
be held in trust for the benefit of the Tribe under paragraph
(3)(A) is the approximately 8,170 acres of Bureau of Land
Management and Bureau of Reclamation land located in Churchill
and Mineral Counties, Nevada, as generally depicted
[[Page 136 STAT. 3026]]
on the map entitled `Walker River Paiute Trust Lands' and dated
April 19, 2022, and more particularly described as follows:
``(A) Fernley east parcel.--The following land in
Churchill County, Nevada:
``(i) All land held by the Bureau of
Reclamation in T. 20 N., R. 26 E., sec. 28, Mount
Diablo Meridian.
``(ii) All land held by the Bureau of
Reclamation in T. 20 N., R. 26 E., sec. 36, Mount
Diablo Meridian.
``(B) Walker lake parcel.--The following land in
Mineral County, Nevada:
``(i) All land held by the Bureau of Land
Management in T. 11 N., R. 29 E., secs. 35 and 36,
Mount Diablo Meridian.
``(ii) All land held by the Bureau of
Reclamation in T. 10 N., R. 30 E., secs. 4, 5, 6,
8, 9, 16, 17, 20, 21, 28, 29, 32, and 33, Mount
Diablo Meridian.
``(iii) All land held by the Bureau of Land
Management in T. 10.5 N., R. 30 E., secs. 31 and
32, Mount Diablo Meridian.
``(5) Administration.--
``(A) <<NOTE: Deadline.>> Survey.--Not later than
180 days after the date of enactment of this subtitle,
the Secretary of the Interior (referred to in this
paragraph as the `Secretary') shall complete a survey to
fully describe, and adequately define the boundaries of,
the land described in paragraph (4).
``(B) Legal description.--
``(i) <<NOTE: Federal Register,
publication.>> In general.--Upon completion of
the survey required under subparagraph (A), the
Secretary shall publish in the Federal Register a
legal description of the land described in
paragraph (4).
``(ii) Technical corrections.--Before the date
of publication of the legal description under this
subparagraph, the Secretary may correct any
technical or clerical errors in the legal
description as the Secretary determines
appropriate.
``(iii) <<NOTE: Effective date.>> Effect.--
Effective beginning on the date of publication of
the legal description under this subparagraph, the
legal description shall be considered to be the
official legal description of the land to be held
in trust for the benefit of the Tribe under
paragraph (3)(A).
``(6) Use of trust land.--The land taken into trust under
paragraph (3)(A) shall not be eligible, or considered to have
been taken into trust, for class II gaming or class III gaming
(as those terms are defined in section 4 of the Indian Gaming
Regulatory Act (25 U.S.C. 2703)).
``(d) Eligibility for Federal and Federally Funded Programs.--Funds
paid to the Tribe pursuant to this section, including any interest or
investment income earned, may not be treated as income or resources or
otherwise used as the basis for denying or reducing the basis for
Federal financial assistance or other Federal benefit (including under
the Social Security Act (42 U.S.C. 301 et seq.)) to which the Tribe, a
member of the Tribe, or a household would otherwise be entitled.
[[Page 136 STAT. 3027]]
``SEC. 2989. LAND TO BE HELD IN TRUST FOR THE FALLON PAIUTE
SHOSHONE TRIBE.
``(a) Land to Be Held in Trust.--
``(1) In general.--Subject to valid existing rights, all
right, title, and interest of the United States in and to the
land described in paragraph (2) shall be--
``(A) held in trust by the United States for the
benefit of the Fallon Paiute Shoshone Tribe; and
``(B) made part of the reservation of the Fallon
Paiute Shoshone Tribe.
``(2) Description of land.--The land referred to in
paragraph (1) is the approximately 10,000 acres of land
administered by the Bureau of Land Management and the Bureau of
Reclamation, as generally depicted as `Reservation Expansion
Land' on the map entitled `Churchill County Proposed Fallon
Range Training Complex Modernization and Lands Bill' and dated
November 30, 2022.
``(3) <<NOTE: Deadline.>> Survey.--Not later than 180 days
after the date of enactment of this subtitle, the Secretary of
the Interior shall complete a survey of the boundary lines to
establish the boundaries of the land taken into trust under
paragraph (1).
``(4) Use of trust land.--The land taken into trust under
this section shall not be eligible, or considered to have been
taken into trust, for class II gaming or class III gaming (as
those terms are defined in section 4 of the Indian Gaming
Regulatory Act (25 U.S.C. 2703)).
``(5) Cooperative agreement.--On request by the Fallon
Paiute Shoshone Tribe, the Secretary of the Interior shall enter
into a cooperative agreement with the Fallon Paiute Shoshone
Tribe to provide assistance in the management of the land taken
into trust under this section for cultural protection and
conservation management purposes.
``SEC. 2990. NUMU NEWE CULTURAL CENTER.
``(a) In General.--Subject to the availability of appropriations
from amounts appropriated to the Secretary of the Navy for operation and
maintenance, the Secretary of the Navy shall provide financial
assistance to a cultural center established and operated by the Fallon
Paiute Shoshone Tribe and located on the Reservation of the Fallon
Paiute Shoshone Tribe, the purpose of which is to help sustain Numu Newe
knowledge, culture, language, and identity associated with aboriginal
land and traditional ways of life for the Fallon Paiute Shoshone Tribe
and other affected Indian tribes (referred to in this section as the
`Center').
``(b) Studies and Inventories.--The Center shall integrate
information developed in the cultural resources inventories and
ethnographic studies carried out under section 2987.
``(c) <<NOTE: Deadline.>> Transfer.--Not later than 1 year after
the date of enactment of this subtitle and subject to the availability
of appropriations, the Secretary of the Navy shall transfer to an
account designated by the Fallon Paiute Shoshone Tribe--
``(1) $10,000,000 for the development and construction of
the Center; and
``(2) $10,000,000 to endow operations of the Center.
``(d) Limitation on Use of Land Prior to Completion of Payment.--The
Secretary of the Navy shall not make operational use of the expanded
areas of the B-16, B-17, and B-20 Ranges
[[Page 136 STAT. 3028]]
that were not subject to previous withdrawals comprising the Fallon
Range Training Complex and that are withdrawn and reserved by section
2981 until the date on which the amounts are transferred under
subsection (c).
``SEC. 2991. ROAD RECONSTRUCTION AND TREATMENT OF EXISTING ROADS
AND RIGHTS-OF-WAY.
``(a) Road Reconstruction.--Subject to the availability of
appropriations, the Secretary of the Navy shall be responsible for the
timely--
``(1) reconstruction of--
``(A) Lone Tree Road leading to the B-16 Range; and
``(B) State Highway 361; and
``(2) relocation of--
``(A) Sand Canyon and Red Mountain Roads, consistent
with alternative 2A, as described in the Final FRTC Road
Realignment Study dated March 14, 2022; and
``(B) Pole Line Road, consistent with alternative
3B, as described in the Final FRTC Road Realignment
Study dated March 14, 2022.
``(b) Limitation on Use of Land Prior to Completion of
Requirements. <<NOTE: Determination.>> --In accordance with section
2982(c)(1), the Secretary of the Navy shall not make operational use of
the expanded areas of the B-16, B-17, and B-20 Ranges that were not
subject to previous withdrawals comprising the Fallon Range Training
Complex and that are withdrawn and reserved by section 2981 until the
date on which the Secretary of the Navy determines that each of the
requirements of subsection (a) have been met.
``(c) Existing Roads and Rights-of-way; Access.--
``(1) In general.--The withdrawal and reservation of land
made by section 2981 shall not be construed to affect the
following roads and associated rights-of-way:
``(A) United States Highways 50 and 95.
``(B) State Routes 121 and 839.
``(C) The Churchill County, Nevada, roads identified
as Simpson Road, East County Road, Earthquake Fault
Road, and Fairview Peak Road.
``(2) Access.--Any road identified on the map described in
section 2981(b) as an existing minor county road shall be
available for managed access consistent with the purposes of the
withdrawal.
``(d) New Rights-of-way.--The Secretary of the Navy, in coordination
with the Secretary of the Interior, shall be responsible for the timely
grant of new rights-of-way for Sand Canyon and Red Mountain Road, Pole
Line Road, and East County Road to the appropriate County.
``(e) I-11 Corridors.--The Secretary of the Interior shall manage
the land located within the `Churchill County Preferred I-11 Corridor'
and `NDOT I-11 Corridor' as depicted on the map entitled `Churchill
County Proposed Fallon Range Training Complex Modernization and Lands
Bill' and dated November 30, 2022, in accordance with this section.
``(f) <<NOTE: Records.>> Public Availability of Map.--A copy of the
map described in section 2981(b) shall be on file and available for
public inspection in the appropriate offices of the Bureau of Land
Management.
``(g) Withdrawal of Land.--Subject to any valid rights in existence
on the date of enactment of this subtitle, the land located
[[Page 136 STAT. 3029]]
within the corridors depicted as `Utility and Infrastructure Corridors'
on the map entitled `Churchill County Proposed Fallon Range Training
Complex Modernization and Lands Bill' and dated November 30, 2022, is
withdrawn from--
``(1) location and entry under the mining laws; and
``(2) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
``(h) Termination of Withdrawal.--A withdrawal under subsection (g)
shall terminate on the date on which--
``(1) the Secretary of the Interior, in coordination with
Churchill County, Nevada, terminates the withdrawal; or
``(2) the applicable corridor or land is patented.
``(i) Revised Statutes Section 2477 Claims.--The withdrawal and
reservation of land by section 2981 shall not affect the ability of
Churchill County, Nevada, to seek adjudication of claims under section
2477 of the Revised Statutes (43 U.S.C. 932), as in effect prior to
being repealed by section 706(a) of the Federal Land Policy and
Management Act of 1976 (Public Law 94-579; 90 Stat. 2793).
``(j) Treatment of the West-wide Energy Corridor.--
``(1) In general.--Nothing in section 2981 shall be
construed to restrict the development of high voltage electrical
power utility lines within the portion of the designated West-
Wide Energy Corridor that is located outside of the B-16 Range.
``(2) Transmission line.--The Secretary of the Navy shall
allow 1 transmission line within that portion of the designated
West-Wide Energy Corridor that is located within the B-16 Range
nearest the existing transmission line adjacent to the western
boundary of the B-16 Range.
``(3) <<NOTE: Determination.>> Future transmission line.--
If the Secretary of the Navy and the Secretary of the Interior
determine that additional transmission lines cannot be
accommodated outside of the B-16 Range, to the extent
practicable, the Secretary of the Navy shall allow the
construction of a new transmission line as close as practicable
to the existing transmission line.
``SEC. 2992. SAGE GROUSE STUDY.
``(a) In General.--The Secretary of the Navy, in consultation with
the Secretary of the Interior and the State of Nevada, shall conduct a
study to further assess greater sage grouse reactions to military
overflights within the Fallon Range Training Complex.
``(b) Determination.--If the Secretary of the Navy determines under
the study under subsection (a) that greater sage grouse in the Fallon
Range Training Complex are significantly impacted by aircraft
overflights, the Secretary of the Navy shall implement adaptive
management activities, in coordination with the State of Nevada and the
United States Fish and Wildlife Service.
``SEC. 2993. TREATMENT OF LIVESTOCK GRAZING PERMITS.
``(a) <<NOTE: Notification.>> In General.--The Secretary of the
Navy shall notify holders of grazing allotments impacted by the
withdrawal and reservation of land by section 2981 and, if practicable,
assist the holders of the grazing allotments in obtaining replacement
forage.
``(b) <<NOTE: Reimbursement.>> Revisions to Allotment Plans.--The
Secretary of the Navy shall reimburse the Secretary of the Interior for
grazing program-related administrative costs reasonably incurred by the
Bureau of Land Management due to the withdrawal and reservation of land
by section 2981.
[[Page 136 STAT. 3030]]
``(c) <<NOTE: Payments.>> Alternative to Replacement Forage.--If
replacement forage cannot be identified under subsection (a), the
Secretary of the Navy shall make full and complete payments to Federal
grazing permit holders for all losses suffered by the permit holders as
a result of the withdrawal or other use of former Federal grazing land
for national defense purposes pursuant to the Act of June 28, 1934
(commonly known as the `Taylor Grazing Act') (48 Stat. 1269, chapter
865; 43 U.S.C. 315 et seq.).
``(d) Notification and Payment.--The Secretary of the Navy shall--
``(1) notify, by certified mail, holders of grazing
allotments that are terminated; and
``(2) compensate the holders of grazing allotments described
in paragraph (1) for authorized permanent improvements
associated with the allotments.
``(e) Payment.--For purposes of calculating and making a payment to
a Federal grazing permit holder under this section (including the
conduct of any appraisals required to calculate the amount of the
payment)--
``(1) the Secretary of the Navy shall consider the permanent
loss of the applicable Federal grazing permit; and
``(2) the amount of the payment shall not be limited to the
remaining term of the existing Federal grazing permit.
``SEC. 2994. TRANSFER OF LAND UNDER THE ADMINISTRATIVE
JURISDICTION OF THE DEPARTMENT OF THE
NAVY.
``(a) Transfer Required.--Subject to subsection (b), the Secretary
of the Navy shall transfer to the Secretary of the Interior, at no cost,
administrative jurisdiction of the approximately 86 acres of a
noncontiguous parcel of land as depicted on the map entitled `Churchill
County Proposed Fallon Range Training Complex Modernization and Lands
Bill' and dated November 30, 2022, acquired by the Department of the
Navy in Churchill County, Nevada, for inclusion in the Sand Mountain
Recreation Area.
``(b) Certification With Respect to Environmental Hazards.--Prior to
transferring land under subsection (a), the Secretary of the Navy shall
certify that the land to be transferred under that subsection is free
from environmental hazards.
``SEC. 2995. REDUCTION OF IMPACT OF FALLON RANGE TRAINING COMPLEX
MODERNIZATION.
``(a) In General.--Consistent with the Record of Decision for the
Fallon Range Training Complex Modernization Final Environmental Impact
Statement dated March 12, 2020, the Secretary of the Navy shall carry
out the following additional mitigations and other measures not
otherwise included in other sections of this Act to reduce the impact of
the modernization of the Fallon Range Training Complex by the Secretary
of the Navy on the land and local community:
``(1) <<NOTE: Memorandum.>> Develop Memoranda of Agreement
or other binding protocols, in coordination with agencies,
affected Indian tribes, and other stakeholders, for--
``(A) management of that portion of Bureau of
Reclamation infrastructure in the B-16 and B-20 Ranges
that will be closed to public access but will continue
to be managed for flood control; and
[[Page 136 STAT. 3031]]
``(B) access for research, resource management, and
other activities within the B-16, B-17, B-19, and B-20
Ranges.
``(2) Establish wildlife-friendly configured four-wire
fencing, on coordination with the Nevada Department of Wildlife,
to restrict access to the smallest possible area necessary to
ensure public safety and to minimize impacts on wildlife from
fencing.
``(3) Subject to the availability of appropriations--
``(A) purchase the impacted portion of the Great
Basin Transmission Company (formerly named the `Paiute
Pipeline Company') pipeline within the B-17 Range; and
``(B) <<NOTE: Payment.>> pay for the relocation of
the pipeline acquired under subparagraph (A) to a
location south of the B-17 Range.
``(4) Accommodate permitting and construction of additional
utility and infrastructure projects within 3 corridors running
parallel to the existing north-south power line in proximity to
Nevada Route 121, existing east-west power line north of Highway
50, and the area immediately north of Highway 50 as shown on the
map entitled `Churchill County Proposed Fallon Range Training
Complex Modernization and Lands Bill' and dated November 30,
2022, subject to the requirement that any project authorized
under this paragraph shall complete appropriate Federal and
State permitting requirements prior to the accommodation under
this paragraph.
``(5)(A) <<NOTE: Notification.>> Notify holders of mining
claims impacted by the modernization by certified mail.
``(B) <<NOTE: Payments.>> Make payments to the
holders of mining claims described in subparagraph (A),
subject to the availability of appropriations.
``(6) Allow a right-of-way to accommodate I-11 (which could
also include a transmission line) if a route is chosen by
Churchill County, Nevada, or the State of Nevada that overlaps
the northeast corner of the withdrawal area for the B-16 Range.
``(7) Revise the applicable range operations manual--
``(A) to include Crescent Valley and Eureka as
noise-sensitive areas; and
``(B) to implement a 5-nautical-mile buffer around
the towns of Crescent Valley and Eureka.
``(8) Implement a 3-nautical-mile airspace exclusion zone
over the Gabbs, Eureka, and Crescent Valley airports.
``(9) Extend the Visual Flight Rules airspace corridor
through the newly established Military Operations Areas on the
east side of the Dixie Valley Training Area.
``(10) <<NOTE: Notification.>> Notify affected water rights
holders by certified mail and, if water rights are adversely
affected by the modernization and cannot be otherwise mitigated,
acquire existing and valid State water rights.
``(11) Allow Nevada Department of Wildlife access for spring
and wildlife guzzler monitoring and maintenance.
``(12) Implement management practices and mitigation
measures specifically designed to reduce or avoid potential
impacts on surface water and groundwater, such as placing
targets outside of washes.
[[Page 136 STAT. 3032]]
``(13) Develop and implement a wildland fire management plan
with the State of Nevada to ensure wildland fire prevention,
suppression, and restoration activities are addressed, as
appropriate, for the entire expanded range complex.
``(14) To the maximum extent practicable and if compatible
with mission training requirements, avoid placing targets in
biologically sensitive areas identified by the Nevada Department
of Wildlife.
``(15) Fund 2 conservation law enforcement officer positions
at Naval Air Station Fallon.
``(16) Post signs warning the public of any contamination,
harm, or risk associated with entry into the withdrawal land.
``(17) <<NOTE: Contracts.>> Enter into an agreement for
compensation from the Secretary of the Navy to Churchill County,
Nevada, and the counties of Lyon, Nye, Mineral, and Pershing in
the State of Nevada to offset any reductions made in payments in
lieu of taxes.
``(18) <<NOTE: Review.>> Review, in consultation with
affected Indian tribes, and disclose any impacts caused by the
activities of the Secretary of the Navy at Fox Peak, Medicine
Rock, and Fairview Mountain.
``(19) <<NOTE: Consultation.>> Consult with affected Indian
tribes to mitigate, to the maximum extent practicable, any
impacts disclosed under paragraph (18).
``(b) Limitation on Use of Land Prior to Completion of
Requirements.--In <<NOTE: Determination.>> accordance with section
2982(c)(1), the Secretary of the Navy shall not make operational use of
the expanded areas of the B-16, B-17, and B-20 Ranges that were not
subject to previous withdrawals comprising the Fallon Range Training
Complex and that are withdrawn and reserved by section 2981 until the
date on which the Secretary of the Navy determines that each of the
requirements of subsection (a) have been met.
``SEC. 2996. DIXIE VALLEY WATER PROJECT.
``(a) Continuation of Project.--The withdrawal of land authorized by
section 2981(a)(2) shall not interfere with the Churchill County Dixie
Valley Water Project.
``(b) Permitting.--On application by Churchill County, Nevada, the
Secretary of the Navy shall concur with the Churchill County Dixie
Valley Water Project and, in collaboration with the Secretary of the
Interior, complete any permitting necessary for the Dixie Valley Water
Project, subject to the public land laws and environmental review,
including regulations.
``(c) Compensation.--Subject to the availability of appropriations,
the Secretary of the Navy shall compensate Churchill County, Nevada, for
any cost increases for the Dixie Valley Water Project that result from
any design features required by the Secretary of the Navy to be included
in the Dixie Valley Water Project.
``SEC. 2997. EXPANSION OF INTERGOVERNMENTAL EXECUTIVE COMMITTEE ON
JOINT USE BY DEPARTMENT OF THE NAVY AND
DEPARTMENT OF THE INTERIOR OF FALLON
RANGE TRAINING COMPLEX.
``The Secretary of the Navy and the Secretary of the Interior shall
expand the membership of the Fallon Range Training Complex
Intergovernmental Executive Committee directed by section 3011(a)(5) of
the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106-
65; 113 Stat. 885; 134 Stat. 4349) relating
[[Page 136 STAT. 3033]]
to the management of the natural and cultural resources of the
withdrawal land to include representatives of Eureka County, Nevada, the
Nevada Department of Agriculture, and the Nevada Division of Minerals.
``SEC. 2998. <<NOTE: Establishment.>> TRIBAL LIAISON OFFICE.
``The Secretary of the Navy shall establish and maintain a dedicated
Tribal liaison position at Naval Air Station Fallon.
``SEC. 2999. TERMINATION OF PRIOR WITHDRAWAL.
``Notwithstanding section 2842 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283) and section 3015 of the Military Lands Withdrawal Act of 1999
(title XXX of Public Law 106-65), the withdrawal and reservation under
section 3011(a) of that Act is terminated.
``SEC. 2999A. DURATION OF WITHDRAWAL AND RESERVATION.
``The withdrawal and reservation of public land by section 2981
shall terminate on November 6, 2047.''.
SEC. <<NOTE: 16 USC 460gggg.>> 2902. NUMU NEWE SPECIAL MANAGEMENT
AREA.
(a) Definitions.--In this section:
(1) Management plan.--The term ``management plan'' means the
management plan for the Special Management Area developed under
subsection (d).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Special management area.--The term ``Special Management
Area'' means the Numu Newe Special Management Area established
by subsection (b).
(b) Establishment.--To protect, conserve, and enhance the unique and
nationally important historic, cultural, archaeological, natural, and
educational resources of the Numu Newe traditional homeland, subject to
valid existing rights, there is established in Churchill and Mineral
Counties, Nevada, the Numu Newe Special Management Area, to be
administered by the Secretary.
(c) Area Included.--The Special Management Area shall consist of the
approximately 217,845 acres of public land in Churchill and Mineral
Counties, Nevada, administered by the Bureau of Land Management, as
depicted on the map entitled ``Churchill County Proposed Fallon Range
Training Complex Modernization and Lands Bill'' and dated November 30,
2022.
(d) Management Plan.--
(1) <<NOTE: Deadline.>> In general.--Not later than 2 years
after the date of enactment of this Act, the Secretary shall
develop a comprehensive management plan for the long-term
management of the Special Management Area.
(2) Consultation.--In developing and implementing the
management plan, the Secretary shall consult with--
(A) appropriate Federal, Tribal, State, and local
governmental entities; and
(B) interested members of the public.
(3) Requirements.--The management plan shall--
(A) describe the appropriate uses of the Special
Management Area;
(B) with respect to any land within the Special
Management Area that is withdrawn and reserved for
military
[[Page 136 STAT. 3034]]
uses, ensure that management of the Special Management
Area is consistent with the purposes under section
2981(c)(2) of the Military Land Withdrawals Act of 2013
(as added by section 2901 of this title) for which the
land is withdrawn and reserved;
(C) authorize the use of motor vehicles in the
Special Management Area, where appropriate, including
providing for the maintenance of existing roads;
(D) incorporate any provision of an applicable land
and resource management plan that the Secretary
considers to be appropriate;
(E) ensure, to the maximum extent practicable, the
protection and preservation of traditional cultural and
religious sites within the Special Management Area;
(F) to the maximum extent practicable, carefully and
fully integrate the traditional and historical knowledge
and special expertise of the Fallon Paiute Shoshone
Tribe and other affected Indian tribes;
(G) consistent with subparagraph (D), ensure public
access to Federal land within the Special Management
Area for hunting, fishing, and other recreational
purposes;
(H) not affect the allocation, ownership, interest,
or control, as in existence on the date of enactment of
this Act, of any water, water right, or any other valid
existing right; and
(I) be reviewed not less frequently than annually by
the Secretary to ensure the management plan is meeting
the requirements of this section.
(e) Military Overflights.--Nothing in this section restricts or
precludes--
(1) low-level overflights of military aircraft over the
Special Management Area, including military overflights that can
be seen or heard within the Special Management Area;
(2) flight testing and evaluation; or
(3) the designation or creation of new units of special use
airspace, or the establishment of military flight training
routes, over the Special Management Area.
SEC. 2903. NATIONAL CONSERVATION AREAS.
(a) <<NOTE: 16 USC 460hhhh.>> Numunaa Nobe National Conservation
Area.--
(1) Definitions.--In this subsection:
(A) Conservation area.--The term ``Conservation
Area'' means the Numunaa Nobe National Conservation Area
established by paragraph (2).
(B) Management plan.--The term ``management plan''
means the management plan for the Conservation Area
developed under paragraph (3)(B).
(C) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(2) Establishment.--
[[Page 136 STAT. 3035]]
(A) In general.--To conserve, protect, and enhance
for the benefit and enjoyment of present and future
generations the cultural, archaeological, natural,
wilderness, scientific, geological, historical,
biological, wildlife, educational, recreational, and
scenic resources of the Conservation Area, subject to
valid existing rights, there is established the Numunaa
Nobe National Conservation Area in the State of Nevada,
to be administered by the Secretary.
(B) Area included.--
(i) In general.--The Conservation Area shall
consist of approximately 160,224 acres of public
land in Churchill County, Nevada, as generally
depicted on the map entitled ``Churchill County
Proposed Fallon Range Training Complex
Modernization and Lands Bill'' and dated November
30, 2022.
(ii) Availability of map.--The map described
in clause (i) shall be on file and available for
public inspection in the appropriate offices of
the Bureau of Land Management.
(3) Management.--
(A) In general.--The Secretary shall administer the
Conservation Area in a manner that conserves, protects,
and enhances the resources of the Conservation Area--
(i) in accordance with--
(I) this subsection;
(II) the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701
et seq.); and
(III) any other applicable law; and
(ii) as a component of the National Landscape
Conservation System.
(B) Management plan.--
(i) <<NOTE: Deadline.>> In general.--Not
later than 2 years after the date of enactment of
this Act, the Secretary shall develop a management
plan for the Conservation Area.
(ii) Consultation.--In developing the
management plan, the Secretary shall consult
with--
(I) appropriate Federal, State,
Tribal, and local governmental entities;
and
(II) members of the public.
(iii) Requirements.--The management plan
shall--
(I) describe the appropriate uses of
the Conservation Area;
(II) in accordance with paragraph
(5), authorize the use of motor vehicles
in the Conservation Area, where
appropriate, including for the
maintenance of existing roads; and
(III) incorporate any provision of
an applicable land and resource
management plan that the Secretary
considers to be appropriate, to include
the Search and Rescue Training
Cooperative Agreement between the Bureau
of Land Management and the Naval Strike
and Air Warfare Training Center dated
July 6, 1998, and the Carson City
District BLM Administrative Guide to
Military Activities on and Over the
Public Lands dated January 25, 2012.
[[Page 136 STAT. 3036]]
(4) Uses. <<NOTE: Determination.>> --The Secretary shall
allow only those uses of the Conservation Area that the
Secretary determines would further the purposes of the
Conservation Area.
(5) Motorized vehicles.--Except as needed for administrative
purposes, planned military activities authorized by paragraph
(3)(B)(iii)(III), or to respond to an emergency, the use of
motorized vehicles in the Conservation Area shall be permitted
only on roads and trails designated for the use of motorized
vehicles by the management plan.
(6) Withdrawal.--
(A) In general.--Subject to valid existing rights,
all public land in the Conservation Area is withdrawn
from--
(i) all forms of entry, appropriation, and
disposal under the public land laws;
(ii) location, entry, and patent under the
mining laws; and
(iii) disposition under all laws relating to
mineral and geothermal leasing or mineral
materials.
(B) Additional land.--If the Secretary acquires
mineral or other interests in a parcel of land within
the Conservation Area after the date of enactment of
this Act, the parcel is withdrawn from operation of the
laws referred to in subparagraph (A) on the date of
acquisition of the parcel.
(7) Hunting, fishing, and trapping.--
(A) In general.--Subject to subparagraph (B),
nothing in this subsection affects the jurisdiction of
the State of Nevada with respect to fish and wildlife,
including hunting, fishing, and trapping in the
Conservation Area.
(B) Limitations.--
(i) Regulations.--The Secretary may designate
by regulation areas in which, and establish
periods during which, no hunting, fishing, or
trapping will be permitted in the Conservation
Area, for reasons of public safety,
administration, or compliance with applicable
laws.
(ii) <<NOTE: Notification. Public
information.>> Consultation required.--Except in
an emergency, the Secretary shall consult with the
appropriate State agency and notify the public
before taking any action under clause (i).
(8) Grazing.--In the case of land included in the
Conservation Area on which the Secretary permitted, as of the
date of enactment of this Act, livestock grazing, the livestock
grazing shall be allowed to continue, subject to applicable laws
(including regulations).
(9) No buffer zones.--
(A) In general.--Nothing in this subsection creates
a protective perimeter or buffer zone around the
Conservation Area.
(B) Activities outside conservation area.--The fact
that an activity or use on land outside the Conservation
Area can be seen or heard within the Conservation Area
shall not preclude the activity or use outside the
boundary of the Conservation Area.
(10) Military overflights.--Nothing in this subsection
restricts or precludes--
[[Page 136 STAT. 3037]]
(A) low-level overflights of military aircraft over
the Conservation Area, including military overflights
that can be seen or heard within the Conservation Area;
(B) flight testing and evaluation; or
(C) the designation or creation of new units of
special use airspace, or the establishment of military
flight training routes, over the Conservation Area.
(10) Effect on water rights.--Nothing in this subsection
constitutes an express or implied reservation of any water
rights with respect to the Conservation Area.
(b) <<NOTE: 16 USC 460iiii.>> Pistone-Black Mountain National
Conservation Area.--
(1) Definitions.--In this subsection:
(A) Conservation area.--The term ``Conservation
Area'' means the Pistone-Black Mountain National
Conservation Area established by paragraph (2)(A).
(B) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(C) Tribe.--The term ``Tribe'' means the Walker
River Paiute Tribe.
(2) Establishment.--
(A) In general.--To protect, conserve, and enhance
the unique and nationally important historic, cultural,
archaeological, natural, and educational resources of
the Pistone Site on Black Mountain, subject to valid
existing rights, there is established in Mineral County,
Nevada, the Pistone-Black Mountain National Conservation
Area.
(B) Area included.--
(i) In general.--The Conservation Area shall
consist of the approximately 3,415 acres of public
land in Mineral County, Nevada, administered by
the Bureau of Land Management, as depicted on the
map entitled ``Black Mountain/Pistone
Archaeological District'' and dated May 12, 2020.
(ii) Availability of map.--The map described
in clause (i) shall be on file and available for
public inspection in the appropriate offices of
the Bureau of Land Management.
(3) Management.--
(A) In general.--The Secretary shall manage the
Conservation Area--
(i) in a manner that conserves, protects, and
enhances the resources and values of the
Conservation Area, including the resources and
values described in paragraph (2)(A);
(ii) in accordance with--
(I) this subsection;
(II) the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701
et seq.); and
(III) any other applicable law; and
(iii) as a component of the National Landscape
Conservation System.
(B) <<NOTE: Determination.>> Uses.--The Secretary
shall allow only those uses of the Conservation Area
that the Secretary determines would further the purposes
of the Conservation Area.
(C) Tribal cultural resources.--In administering the
Conservation Area, the Secretary shall provide for--
[[Page 136 STAT. 3038]]
(i) access to and use of cultural resources by
the Tribe at the Conservation Area; and
(ii) the protection from disturbance of the
cultural resources and burial sites of the Tribe
located in the Conservation Area.
(D) Cooperative agreements.--The Secretary may, in a
manner consistent with this subsection, enter into
cooperative agreements with the State of Nevada,
affected Indian tribes, and institutions and
organizations to carry out the purposes of this
subsection, subject to the requirement that the Tribe
shall be a party to any cooperative agreement entered
into under this subparagraph.
(4) Management plan.--
(A) <<NOTE: Deadline.>> In general.--Not later than
2 years after the date of enactment of this Act, the
Secretary shall develop a management plan for the
Conservation Area.
(B) Consultation.--In developing the management plan
required under subparagraph (A), the Secretary shall
consult with--
(i) appropriate State, Tribal, and local
governmental entities; and
(ii) members of the public.
(C) Requirements.--The management plan developed
under subparagraph (A) shall--
(i) describe the appropriate uses and
management of the Conservation Area;
(ii) incorporate, as appropriate, decisions
contained in any other management or activity plan
for the land in or adjacent to the Conservation
Area;
(iii) take into consideration any information
developed in studies of the land and resources in
or adjacent to the Conservation Area; and
(iv) provide for a cooperative agreement with
the Tribe to address the historical,
archaeological, and cultural values of the
Conservation Area.
(5) Withdrawal.--
(A) In general.--Subject to valid existing rights,
all public land in the Conservation Area is withdrawn
from--
(i) all forms of entry, appropriation, and
disposal under the public land laws;
(ii) location, entry, and patent under the
mining laws; and
(iii) disposition under all laws relating to
mineral and geothermal leasing or mineral
materials.
(B) Additional land.--If the Secretary acquires
mineral or other interests in a parcel of land within
the Conservation Area after the date of enactment of
this Act, the parcel is withdrawn from operation of the
laws referred to in subparagraph (A) on the date of
acquisition of the parcel.
(6) Hunting, fishing, and trapping.--
(A) In general.--Subject to subparagraph (B),
nothing in this subsection affects the jurisdiction of
the State of Nevada with respect to fish and wildlife,
including hunting, fishing, and trapping in the
Conservation Area.
(B) Limitations.--
[[Page 136 STAT. 3039]]
(i) Regulations.--The Secretary may designate
by regulation areas in which, and establish
periods during which, no hunting, fishing, or
trapping will be permitted in the Conservation
Area, for reasons of public safety,
administration, or compliance with applicable
laws.
(ii) <<NOTE: Notification. Public
information.>> Consultation required.--Except in
an emergency, the Secretary shall consult with the
appropriate State agency and notify the public
before taking any action under clause (i).
(7) Grazing.--In the case of land included in the
Conservation Area on which the Secretary permitted, as of the
date of enactment of this Act, livestock grazing, the livestock
grazing shall be allowed to continue, subject to applicable laws
(including regulations).
(8) No buffer zones.--
(A) In general.--Nothing in this subsection creates
a protective perimeter or buffer zone around the
Conservation Area.
(B) Activities outside conservation area.--The fact
that an activity or use on land outside the Conservation
Area can be seen or heard within the Conservation Area
shall not preclude the activity or use outside the
boundary of the Conservation Area.
(9) Military overflights.--Nothing in this subsection
restricts or precludes--
(A) low-level overflights of military aircraft over
the Conservation Area, including military overflights
that can be seen or heard within the Conservation Area;
(B) flight testing and evaluation; or
(C) the designation or creation of new units of
special use airspace, or the establishment of military
flight training routes, over the Conservation Area.
(10) Effect on water rights.--Nothing in this subsection
constitutes an express or implied reservation of any water
rights with respect to the Conservation Area.
SEC. 2904. COLLABORATION WITH STATE AND COUNTY.
It is the sense of Congress that the Secretary of the Navy and
Secretary of the Interior should collaborate with the State of Nevada,
Churchill County, Nevada, the city of Fallon, Nevada, and affected
Indian tribes with the goal of preventing catastrophic wildfire and
resource damage in the land withdrawn or owned within the Fallon Range
Training Complex.
SEC. 2905. WILDERNESS AREAS IN CHURCHILL COUNTY, NEVADA.
(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Wilderness area.--The term ``wilderness area'' means a
wilderness area designated by subsection (b)(1).
(b) Additions to National Wilderness Preservation System.--
(1) Additions.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following parcels of Federal land in
Churchill County, Nevada, are designated as wilderness and as
components of the National Wilderness Preservation System:
[[Page 136 STAT. 3040]]
(A) Clan alpine mountains wilderness.--Certain
Federal land managed by the Bureau of Land Management,
comprising approximately 128,362 acres, as generally
depicted on the map entitled ``Churchill County Proposed
Fallon Range Training Complex Modernization and Lands
Bill'' and dated November 30, 2022, which shall be known
as the ``Clan Alpine Mountains Wilderness''.
(B) Desatoya mountains wilderness.--Certain Federal
land managed by the Bureau of Land Management,
comprising approximately 32,537 acres, as generally
depicted on the map entitled ``Churchill County Proposed
Fallon Range Training Complex Modernization and Lands
Bill'' and dated November 30, 2022, which shall be known
as the ``Desatoya Mountains Wilderness''.
(C) Cain mountain wilderness.--Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 7,664 acres, as generally depicted on the
map entitled ``Churchill County Proposed Fallon Range
Training Complex Modernization and Lands Bill'' and
dated November 30, 2022, which shall be known as the
``Cain Mountain Wilderness''.
(2) Boundary.--The boundary of any portion of a wilderness
area that is bordered by a road shall be at least 150 feet from
the edge of the road.
(3) Map and legal description.--
(A) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary shall
prepare a map and legal description of each wilderness
area.
(B) Effect.--Each map and legal description prepared
under subparagraph (A) shall have the same force and
effect as if included in this section, except that the
Secretary may correct clerical and typographical errors
in the map or legal description.
(C) Availability.--Each map and legal description
prepared under subparagraph (A) shall be on file and
available for public inspection in the appropriate
offices of the Bureau of Land Management.
(4) Withdrawal.--Subject to valid existing rights, each
wilderness area is withdrawn from--
(A) all forms of entry, appropriation, and disposal
under the public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) operation of the mineral leasing and geothermal
leasing laws.
(c) Management.--Subject to valid existing rights, each wilderness
area shall be administered by the Secretary in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that--
(1) any reference in that Act to the effective date of that
Act shall be considered to be a reference to the date of
enactment of this Act; and
(2) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary of the Interior.
(d) Livestock.--The grazing of livestock in a wilderness area
administered by the Bureau of Land Management, if established as of the
date of enactment of this Act, shall be allowed to continue,
[[Page 136 STAT. 3041]]
subject to such reasonable regulations, policies, and practices as the
Secretary considers necessary, in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in Appendix A of the report of
the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress
(House Report 101-405).
(e) Incorporation of Acquired Land and Interests.--Any land or
interest in land within the boundaries of a wilderness area that is
acquired by the United States after the date of enactment of this Act
shall be added to and administered as part of the wilderness area within
which the acquired land or interest is located.
(f) Water Rights.--
(1) Findings.--Congress finds that--
(A) the wilderness areas--
(i) are located in the semiarid region of the
Great Basin region; and
(ii) include ephemeral and perennial streams;
(B) the hydrology of the wilderness areas is
predominantly characterized by complex flow patterns and
alluvial fans with impermanent channels;
(C) the subsurface hydrogeology of the region in
which the wilderness areas are located is characterized
by--
(i) groundwater subject to local and regional
flow gradients; and
(ii) unconfined and artesian conditions;
(D) the wilderness areas are generally not suitable
for use or development of new water resource facilities;
and
(E) because of the unique nature and hydrology of
the desert land in the wilderness areas, it is possible
to provide for proper management and protection of the
wilderness areas and other values of land in ways
different from those used in other laws.
(2) Statutory construction.--Nothing in this subsection--
(A) constitutes an express or implied reservation by
the United States of any water or water rights with
respect to the wilderness areas;
(B) affects any water rights in the State of Nevada
(including any water rights held by the United States)
in existence on the date of enactment of this Act;
(C) establishes a precedent with regard to any
future wilderness designations;
(D) affects the interpretation of, or any
designation made under, any other Act; or
(E) limits, alters, modifies, or amends any
interstate compact or equitable apportionment decree
that apportions water among and between the State of
Nevada and other States.
(3) Nevada water law.--The Secretary shall follow the
procedural and substantive requirements of Nevada State law in
order to obtain and hold any water rights not in existence on
the date of enactment of this Act with respect to the wilderness
areas.
[[Page 136 STAT. 3042]]
(4) New projects.--
(A) Definition of water resource facility.--
(i) In general.--In this paragraph, the term
``water resource facility'' means irrigation and
pumping facilities, reservoirs, water conservation
works, aqueducts, canals, ditches, pipelines,
wells, hydropower projects, transmission and other
ancillary facilities, and other water diversion,
storage, and carriage structures.
(ii) Exclusion.--In this paragraph, the term
``water resource facility'' does not include
wildlife guzzlers.
(B) Restriction on new water resource facilities.--
Except as otherwise provided in this section, on and
after the date of enactment of this Act, neither the
President nor any other officer, employee, or agent of
the United States shall fund, assist, authorize, or
issue a license or permit for the development of any new
water resource facility within a wilderness area.
(g) Wildfire, Insects, and Disease.--In accordance with section
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may
take such measures in a wilderness area as are necessary for the control
of fire, insects, and diseases (including, as the Secretary determines
to be appropriate, the coordination of the activities with a State or
local agency).
(h) <<NOTE: Determination.>> Data Collection.--Subject to such
terms and conditions as the Secretary may prescribe, nothing in this
section precludes the installation and maintenance of hydrologic,
meteorological, or climatological collection devices in a wilderness
area, if the Secretary determines that the devices and access to the
devices are essential to flood warning, flood control, or water
reservoir operation activities.
(i) Military Overflights.--Nothing in this section restricts or
precludes--
(1) low-level overflights of military aircraft over a
wilderness area, including military overflights that can be seen
or heard within a wilderness area;
(2) flight testing and evaluation; or
(3) the designation or creation of new units of special use
airspace, or the establishment of military flight training
routes, over a wilderness area.
(j) Wildlife Management.--
(1) In general.--In accordance with section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this chapter
affects or diminishes the jurisdiction of the State of Nevada
with respect to fish and wildlife management, including the
regulation of hunting, fishing, and trapping, in the wilderness
areas.
(2) Management activities.--In furtherance of the purposes
and principles of the Wilderness Act (16 U.S.C. 1131 et seq.),
the Secretary may conduct any management activities in the
wilderness areas that are necessary to maintain or restore fish
and wildlife populations and the habitats to support the
populations, if the activities are carried out--
(A) consistent with relevant wilderness management
plans; and
(B) in accordance with--
[[Page 136 STAT. 3043]]
(i) the Wilderness Act (16 U.S.C. 1131 et
seq.); and
(ii) appropriate policies, such as those set
forth in Appendix B of the report of the Committee
on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the
101st Congress (House Report 101-405), including
the occasional and temporary use of motorized
vehicles, if the use, as determined by the
Secretary, would promote healthy, viable, and more
naturally distributed wildlife populations that
would enhance wilderness values with the minimal
impact necessary to reasonably accomplish those
tasks.
(3) Existing activities.--In accordance with section 4(d)(1)
of the Wilderness Act (16 U.S.C. 1133(d)(1)) and in accordance
with appropriate policies such as those set forth in Appendix B
of the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress
(House Report 101-405), the State may continue to use aircraft
(including helicopters) to survey, capture, transplant, monitor,
and provide water for wildlife populations.
(4) Wildlife water development projects.--Subject to
subsection (f), the Secretary shall authorize structures and
facilities, including existing structures and facilities, for
wildlife water development projects, including guzzlers, in the
wilderness areas if--
(A) the structures and facilities would, as
determined by the Secretary, enhance wilderness values
by promoting healthy, viable, and more naturally
distributed wildlife populations; and
(B) the visual impacts of the structures and
facilities on the wilderness areas can reasonably be
minimized.
(5) Hunting, fishing, and trapping.--
(A) In general.--The Secretary may designate areas
in which, and establish periods during which, for
reasons of public safety, administration, or compliance
with applicable laws, no hunting, fishing, or trapping
will be permitted in the wilderness areas.
(B) Consultation.--Except in emergencies, the
Secretary shall consult with the appropriate State
agency and notify the public before taking any action
under subparagraph (A).
(6) Cooperative agreement.--
(A) In general.--The State of Nevada, including a
designee of the State, may conduct wildlife management
activities in the wilderness areas--
(i) in accordance with the terms and
conditions specified in the cooperative agreement
between the Secretary and the State entitled
``Memorandum of Understanding between the Bureau
of Land Management and the Nevada Department of
Wildlife Supplement No. 9'' and signed November
and December 2003, including any amendments to the
cooperative agreement agreed to by the Secretary
and the State of Nevada; and
(ii) subject to all applicable laws (including
regulations).
[[Page 136 STAT. 3044]]
(B) References.--For the purposes of this
subsection, any references to Clark County, Nevada, in
the cooperative agreement described this paragraph shall
be considered to be a reference to Churchill or Lander
County, Nevada, as applicable.
SEC. 2906. RELEASE OF WILDERNESS STUDY AREAS.
(a) Finding.--Congress finds that, for the purposes of section
603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1782(c)), the public land in Churchill County, Nevada, that is
administered by the Bureau of Land Management in the following areas has
been adequately studied for wilderness designation:
(1) The Stillwater Range Wilderness Study Area.
(2) The Job Peak Wilderness Study Area.
(3) The Clan Alpine Mountains Wilderness Study Area.
(4) That portion of the Augusta Mountains Wilderness Study
Area located in Churchill County, Nevada.
(5) That portion of the Desatoya Mountains Wilderness Study
Area located in Churchill County, Nevada.
(6) Any portion of any other wilderness study area located
in Churchill County, Nevada, that is not a wilderness area.
(b) Release.--The portions of the public land described in
subsection (a) not designated as wilderness by section 2905(b)--
(1) are no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
(2) shall be managed in accordance with--
(A) land management plans adopted under section 202
of that Act (43 U.S.C. 1712); and
(B) existing cooperative conservation agreements.
SEC. 2907. LAND CONVEYANCES AND EXCHANGES.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means the city of Fallon,
Nevada.
(2) Public purpose.--The term ``public purpose'' includes
any of the following:
(A) The construction and operation of a new fire
station for Churchill County, Nevada.
(B) The operation or expansion of an existing
wastewater treatment facility for Churchill County,
Nevada.
(C) The operation or expansion of existing gravel
pits and rock quarries of Churchill County, Nevada.
(D) The operation or expansion of an existing City
landfill.
(b) Public Purpose Conveyances.--
(1) In general.--Notwithstanding section 202 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1712), the
Secretary of the Interior shall convey, subject to valid
existing rights and paragraph (2), for no consideration, all
right, title, and interest of the United States in approximately
6,892 acres of Federal land to Churchill County, Nevada, and 212
acres of land to the City identified as ``Public Purpose
Conveyances to Churchill County and City of Fallon'' on the map
entitled ``Churchill County Proposed Fallon Range Training
Complex Modernization and Lands Bill'' and dated November 30,
2022.
[[Page 136 STAT. 3045]]
(2) Use.--Churchill County, Nevada, and the City shall use
the Federal land conveyed under paragraph (1) for public
purposes and the construction and operation of public
recreational facilities.
(3) Reversionary interest.--If a parcel of Federal land
conveyed to Churchill County, Nevada, under paragraph (1) ceases
to be used for public recreation or other public purposes
consistent with the Act of June 14, 1926 (commonly known as the
``Recreation and Public Purposes Act''; 43 U.S.C. 869 et seq.),
the parcel of Federal land shall, at the discretion of the
Secretary of the Interior, revert to the United States.
(4) Gravel pit and rock quarry access.--Churchill County,
Nevada, shall provide at no cost to the Department of the
Interior access to and use of any existing gravel pits and rock
quarries conveyed to Churchill County, Nevada, under this
section.
(c) Exchange.--The Secretary of the Interior shall seek to enter
into an agreement for an exchange with Churchill County, Nevada, for the
land identified as ``Churchill County Conveyance to the Department of
Interior'' in exchange for the land administered by the Secretary of the
Interior identified as ``Department of Interior Conveyance to Churchill
County'' on the map entitled ``Churchill County Proposed Fallon Range
Training Complex Modernization and Lands Bill'' and dated November 30,
2022.
SEC. 2908. CHECKERBOARD RESOLUTION.
(a) In General.--The Secretary of the Interior, in consultation with
Churchill County, Nevada, and landowners in Churchill County, Nevada,
and after providing an opportunity for public comment, shall seek to
consolidate Federal land and non-Federal land ownership in Churchill
County, Nevada.
(b) Land Exchanges.--
(1) Land exchange authority.--To the extent practicable, the
Secretary of the Interior shall offer to exchange land
identified for exchange under paragraph (3) for private land in
Churchill County, Nevada, that is adjacent to Federal land in
Churchill County, Nevada, if the exchange would consolidate land
ownership and facilitate improved land management in Churchill
County, Nevada, as determined by the Secretary of the Interior.
(2) Applicable law.--Except as otherwise provided in this
section, a land exchange under this section shall be conducted
in accordance with--
(A) section 206 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716); and
(B) any other applicable law.
(3) Identification of federal land for exchange.--The
Secretary of the Interior shall identify appropriate Federal
land in Churchill County, Nevada, to offer for exchange from
Federal land identified as potentially suitable for disposal in
an applicable resource management plan and managed by--
(A) the Commissioner of Reclamation; or
(B) the Director of the Bureau of Land Management.
(c) Equal Value Land Exchanges.--
(1) In general.--Land to be exchanged under this section
shall be of equal value, based on appraisals prepared in
accordance with--
[[Page 136 STAT. 3046]]
(A) the Uniform Standards for Professional Land
Acquisitions; and
(B) the Uniform Standards of Professional Appraisal
Practice.
(2) Use of mass appraisals.--
(A) In general.--Subject to subparagraph (B), the
Secretary of the Interior may use a mass appraisal to
determine the value of land to be exchanged under this
section, if the Secretary of the Interior determines
that the land to be subject to the mass appraisal is of
similar character and value.
(B) Exclusion.--The Secretary of the Interior shall
exclude from a mass appraisal under subparagraph (A) any
land, the value of which is likely to exceed $250 per
acre, as determined by the Secretary of the Interior.
(C) <<NOTE: Public information.>> Availability.--
The Secretary of the Interior shall make the results of
a mass appraisal conducted under subparagraph (A)
available to the public.
(d) Funding Eligibility.--Section 4(e)(3)(A) of the Southern Nevada
Public Land Management Act of 1998 (Public Law 105-263; 31 U.S.C. 6901
note) is amended--
(1) in clause (iv) by inserting ``Churchill,'' after
``Lincoln,'';
(2) in clause (x) by striking ``Nevada; and'' and inserting
``Nevada;'';
(3) in clause (xi) by striking ``paragraph (2)(A).'' and
inserting ``paragraph (2)(A); and''; and
(4) by adding at the end the following:
``(xii) reimbursement of costs incurred by the
Secretary in the identification, implementation,
and consolidation of Federal and non-Federal lands
in Churchill County in accordance with section
2908 of division B of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023.''.
Subtitle B--Lander County Economic Development and Conservation
SEC. 2911. DEFINITIONS.
In this subtitle:
(1) County.--The term ``County'' means Lander County,
Nevada.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of Nevada.
PART I--LANDER COUNTY PUBLIC PURPOSE LAND CONVEYANCES
SEC. 2921. DEFINITIONS.
In this part:
(1) Map.--The term ``Map'' means the map entitled ``Lander
County Selected Lands'' and dated August 4, 2020.
(2) Secretary concerned.--The term ``Secretary concerned''
means--
[[Page 136 STAT. 3047]]
(A) the Secretary, with respect to land under the
jurisdiction of the Secretary; and
(B) the Secretary of Agriculture, acting through the
Chief of the Forest Service, with respect to National
Forest System land.
SEC. 2922. CONVEYANCES TO LANDER COUNTY, NEVADA.
(a) Conveyance for Watershed Protection, Recreation, and Parks.--
<<NOTE: Deadline.>> Notwithstanding the land use planning requirements
of sections 202 and 203 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1712, 1713), not later than 60 days after the date on
which the County identifies and selects the parcels of Federal land for
conveyance to the County from among the parcels identified on the Map as
``Lander County Parcels BLM and USFS'' and dated August 4, 2020, the
Secretary concerned shall convey to the County, subject to valid
existing rights and for no consideration, all right, title, and interest
of the United States in and to the identified parcels of Federal land
(including mineral rights) for use by the County for watershed
protection, recreation, and parks.
(b) Conveyance for Airport Facility.--
(1) In general.--Notwithstanding the land use planning
requirements of sections 202 and 203 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary
concerned shall convey to the County, subject to valid existing
rights, including mineral rights, all right, title, and interest
of the United States in and to the parcels of Federal land
identified on the Map as ``Kingston Airport'' for the purpose of
improving the relevant airport facility and related
infrastructure.
(2) Costs.--The only costs for the conveyance to be paid by
the County under paragraph (1) shall be the survey costs
relating to the conveyance.
(c) Survey.--The exact acreage and legal description of any parcel
of Federal land to be conveyed under subsection (a) or (b) shall be
determined by a survey satisfactory to the Secretary concerned and the
County.
(d) Reversionary Interest.--If a parcel of Federal land conveyed to
the County under subsections (a) or (b) ceases to be used for public
recreation or other public purposes consistent with the Act of June 14,
1926 (commonly known as the ``Recreation and Public Purposes Act''; 43
U.S.C. 869 et seq.), the parcel of Federal land shall, at the discretion
of the Secretary of the Interior, revert to the United States.
(e) Map, Acreage Estimates, and Legal Descriptions.--
(1) Minor errors.--The Secretary concerned and the County
may, by mutual agreement--
(A) make minor boundary adjustments to the parcels
of Federal land to be conveyed under subsection (a) or
(b); and
(B) correct any minor errors in--
(i) the Map; or
(ii) an acreage estimate or legal description
of any parcel of Federal land conveyed under
subsection (a) or (b).
(2) Conflict.--If there is a conflict between the Map, an
acreage estimate, or a legal description of Federal land
[[Page 136 STAT. 3048]]
conveyed under subsection (a) or (b), the Map shall control
unless the Secretary concerned and the County mutually agree
otherwise.
(3) Availability.--The Secretary shall make the Map
available for public inspection in--
(A) the Office of the Nevada State Director of the
Bureau of Land Management; and
(B) the Bureau of Land Management Battle Mountain
Field Office.
PART II--LANDER COUNTY WILDERNESS AREAS
SEC. 2931. DEFINITIONS.
In this part:
(1) Map.--The term ``Map'' means the map entitled ``Lander
County Wilderness Areas Proposal'' and dated April 19, 2021.
(2) Wilderness area.--The term ``wilderness area'' means a
wilderness area designated by section 2932(a).
SEC. 2932. DESIGNATION OF WILDERNESS AREAS.
(a) In General.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following land in the State of Nevada is designated
as wilderness and as components of the National Wilderness Preservation
System:
(1) Cain mountain wilderness.--Certain Federal land managed
by the Director of the Bureau of Land Management, comprising
approximately 6,386 acres, generally depicted as ``Cain Mountain
Wilderness'' on the Map, which shall be part of the Cain
Mountain Wilderness designated by section 2905(b) of this title.
(2) Desatoya mountains wilderness.--Certain Federal land
managed by the Director of the Bureau of Land Management,
comprising approximately 7,766 acres, generally depicted as
``Desatoya Mountains Wilderness'' on the Map, which shall be
part of the Desatoya Mountains Wilderness designated by section
2905(b) of this title.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file with, and make
available for inspection in, the appropriate offices of the
Bureau of Land Management, a map and legal description of each
wilderness area.
(2) Effect.--Each map and legal description filed under
paragraph (1) shall have the same force and effect as if
included in this chapter, except that the Secretary may correct
clerical and typographical errors in the map or legal
description.
(c) Administration of Wilderness Areas.--The wilderness areas
designated in subsection (a) shall be administered in accordance with
the Wilderness Act (16 U.S.C. 1131 et seq.) and the wilderness
management provisions in section 2905 of this title.
SEC. 2933. RELEASE OF WILDERNESS STUDY AREAS.
(a) Finding.--Congress finds that, for the purposes of section
603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1782(c)), the following public land in the County has been adequately
studied for wilderness designation:
[[Page 136 STAT. 3049]]
(1) The approximately 10,777 acres of the Augusta Mountain
Wilderness Study Area within the County that has not been
designated as wilderness by section 2902(a) of this title.
(2) The approximately 1,088 acres of the Desatoya Wilderness
Study Area within the County that has not been designated as
wilderness by section 2902(a) of this title.
(b) Release.--The public land described in subsection (a)--
(1) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
(2) shall be managed in accordance with the applicable land
use plans adopted under section 202 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1712).
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Requirements for specific request for new or modified nuclear
weapons.
Sec. 3112. Modifications to long-term plan for meeting national security
requirements for unencumbered uranium.
Sec. 3113. Modification of minor construction threshold for plant
projects.
Sec. 3114. Update to plan for deactivation and decommissioning of
nonoperational defense nuclear facilities.
Sec. 3115. Use of alternative technologies to eliminate proliferation
threats at vulnerable sites.
Sec. 3116. Unavailability for overhead costs of amounts specified for
laboratory-directed research and development.
Sec. 3117. Workforce enhancement for National Nuclear Security
Administration.
Sec. 3118. Modification of cost baselines for certain projects.
Sec. 3119. Purchase of real property options.
Sec. 3120. Prohibition on availability of funds to reconvert or retire
W76-2 warheads.
Sec. 3121. Acceleration of depleted uranium manufacturing processes.
Sec. 3122. Assistance by the National Nuclear Security Administration to
the Air Force for the development of the Mark 21A fuse.
Sec. 3123. Determination of standardized indirect cost elements.
Sec. 3124. Certification of completion of milestones with respect to
plutonium pit aging.
Sec. 3125. National Nuclear Security Administration facility advanced
manufacturing development.
Sec. 3126. Authorization of workforce development and training
partnership programs within National Nuclear Security
Administration.
Subtitle C--Reports and Other Matters
Sec. 3131. Modification to certain reporting requirements.
Sec. 3132. Repeal of obsolete provisions of the Atomic Energy Defense
Act and other provisions.
[[Page 136 STAT. 3050]]
Subtitle A--National Security Programs and Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal year 2023 for the
activities of the National Nuclear Security Administration in carrying
out programs as specified in the funding table in section 4701.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out new plant projects for the National
Nuclear Security Administration as follows:
Project 23-D-516, Energetic Materials Characterization
Facility, Los Alamos National Laboratory, Los Alamos, New
Mexico, $19,000,000.
Project 23-D-517, Electrical Power Capacity Upgrade, Los
Alamos National Laboratory, Los Alamos, New Mexico, $24,000,000.
Project 23-D-518, Plutonium Modernization Operations & Waste
Management Office Building, Los Alamos National Laboratory, Los
Alamos, New Mexico, $48,500,000.
Project 23-D-519, Special Materials Facility, Y-12 National
Security Complex, Oak Ridge, Tennessee, $49,500,000.
Project 23-D-533, Component Test Complex Project, Bettis
Atomic Power Laboratory, West Mifflin, Pennsylvania,
$57,420,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal year 2023 for
defense environmental cleanup activities in carrying out programs as
specified in the funding table in section 4701.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out, for defense environmental cleanup
activities, the following new plant projects:
Project 23-D-402, Calcine Construction, Idaho National
Laboratory, Idaho Falls, Idaho, $10,000,000.
Project 23-D-403, Hanford 200 West Area Tank Farms Risk
Management Project, Office of River Protection, Richland,
Washington, $4,408,000.
Project 23-D-404, 181D Export Water System Reconfiguration
and Upgrade, Hanford Site, Richland, Washington, $6,770,000.
Project 23-D-405, 181B Export Water System Reconfiguration
and Upgrade, Hanford Site, Richland, Washington, $480,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2023 for other defense activities in carrying out
programs as specified in the funding table in section 4701.
[[Page 136 STAT. 3051]]
SEC. 3104. NUCLEAR ENERGY.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2023 for nuclear energy as specified in the
funding table in section 4701.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. REQUIREMENTS FOR SPECIFIC REQUEST FOR NEW OR MODIFIED
NUCLEAR WEAPONS.
Section 4209 of the Atomic Energy Defense Act (50 U.S.C. 2529) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``beyond phase 1
or phase 6.1 (as the case may be) of the nuclear weapon
acquisition process'' after ``modified nuclear weapon'';
and
(B) in paragraph (2), by striking ``research and
development which could lead to the production'' both
places it appears and inserting ``research and
development for the production'';
(2) by striking subsection (b) and inserting the following
new subsection:
``(b) Budget Request Format.--In a request for funds under
subsection (a), the Secretary shall include a dedicated line item for
each activity described in subsection (a)(2) for a new nuclear weapon or
modified nuclear weapon that is in phase 2 or higher or phase 6.2 or
higher (as the case may be) of the nuclear weapon acquisition
process.''; and
(3) by striking subsection (c) and inserting the following
new subsection:
``(c) Notification and Briefing of Noncovered Activities.--In any
fiscal year after fiscal year 2022, the Secretary of Energy, acting
through the Administrator, in conjunction with the annual submission of
the budget of the President to Congress pursuant to section 1105 of
title 31, United States Code, shall notify the congressional defense
committees of--
``(1) any activities described in subsection (a)(2) relating
to the development of a new nuclear weapon or modified nuclear
weapon that, during the calendar year prior to the budget
submission, were carried out prior to phase 2 or phase 6.2 (as
the case may be) of the nuclear weapon acquisition process; and
``(2) any plans to carry out, prior to phase 2 or phase 6.2
(as the case may be) of the nuclear weapon acquisition process,
activities described in subsection (a)(2) relating to the
development of a new nuclear weapon or modified nuclear weapon
during the fiscal year covered by that budget.''.
SEC. 3112. MODIFICATIONS TO LONG-TERM PLAN FOR MEETING NATIONAL
SECURITY REQUIREMENTS FOR UNENCUMBERED
URANIUM.
(a) Timing.--Subsection (a) of section 4221 of the Atomic Energy
Defense Act (50 U.S.C. 2538c) is amended--
(1) by striking ``each even-numbered year through 2026'' and
inserting ``each odd-numbered year through 2031''; and
(2) by striking ``2065'' and inserting ``2070''.
[[Page 136 STAT. 3052]]
(b) Plan Requirements.--Subsection (b) of such section is amended--
(1) in paragraph (3), by inserting ``through 2070'' after
``unencumbered uranium'';
(2) by redesignating paragraphs (4) through (8) as
paragraphs (5) through (9), respectively;
(3) by inserting after paragraph (3) the following new
paragraph (4):
``(4) <<NOTE: Assessment.>> An assessment of current and
projected unencumbered uranium production by private industry in
the United States that could support future defense
requirements.''; and
(4) by striking paragraphs (8) and (9), as so redesignated,
and inserting the following new paragraphs:
``(8) <<NOTE: Assessment.>> An assessment of--
``(A) when additional enrichment of uranium will be
required to meet national security requirements; and
``(B) <<NOTE: Determination.>> the options the
Secretary is considering to meet such requirements,
including an estimated cost and timeline for each option
and a description of any changes to policy or law that
the Secretary determines would be required for each
option.
``(9) <<NOTE: Assessment.>> An assessment of how options to
provide additional enriched uranium to meet national security
requirements could, as an additional benefit, contribute to the
establishment of a sustained domestic enrichment capacity and
allow the commercial sector of the United States to reduce
reliance on importing uranium from adversary countries.''.
(c) Comptroller General Review.--Such section is further amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) <<NOTE: Deadline. Assessment.>> Comptroller General
Briefing.--Not later than 180 days after the date on which the
congressional defense committees receive each plan under subsection (a),
the Comptroller General of the United States shall provide to the
Committees on Armed Services of the House of Representatives and the
Senate a briefing that includes an assessment of the plan.''.
SEC. 3113. MODIFICATION OF MINOR CONSTRUCTION THRESHOLD FOR PLANT
PROJECTS.
(a) Threshold.--Paragraph (2) of section 4701 of the Atomic Energy
Defense Act (50 U.S.C. 2741(2)) is amended to read as follows:
``(2)(A) Except as provided by subparagraphs (B) and (C),
the term `minor construction threshold' means $30,000,000.
``(B) <<NOTE: Time periods.>> During the period beginning
on the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2023 and ending on November
30, 2025, the Administrator may calculate the amount specified
in subparagraph (A) based on fiscal year 2022 constant dollars
if the Administrator--
``(i) <<NOTE: Reports.>> submits to the
congressional defense committees a report on the method
used by the Administrator to calculate the adjustment;
``(ii) a period of 30 days elapses following the
date of such submission; and
[[Page 136 STAT. 3053]]
``(iii) <<NOTE: Federal Register, publication.>>
publishes the adjusted amount in the Federal Register.
``(C) <<NOTE: Effective date. Definition.>> Beginning on
December 1, 2025, the term `minor construction threshold'
means--
``(i) $30,000,000; or
``(ii) if the Administrator calculated a different
amount pursuant to subparagraph (B), the last such
calculated amount as published in the Federal Register
under clause (iii) of such subparagraph.''.
(b) <<NOTE: Estimates.>> Reports.--Section 4703(b) of such Act (50
U.S.C. 2743) is amended by adding at the end the following: ``The report
shall include with respect to each project the following:''
``(1) The estimated original total project cost and the
estimated original date of completion.
``(2) The percentage of the project that is complete.
``(3) The current estimated total project cost and estimated
date of completion.''.
SEC. 3114. UPDATE TO PLAN FOR DEACTIVATION AND DECOMMISSIONING OF
NONOPERATIONAL DEFENSE NUCLEAR
FACILITIES.
Section 4423 of the Atomic Energy Defense Act (50 U.S.C. 2603) is
amended--
(1) in subsection (a), by striking ``during each even-
numbered year beginning in 2016''; and inserting ``every four
years beginning in 2025'';
(2) in subsection (c)--
(A) by striking ``2016'' and inserting ``2025'';
(B) by striking ``2019'' and inserting ``2029''; and
(C) by striking ``determines--'' and all that
follows and inserting ``determines are nonoperational as
of September 30, 2024.'';
(3) in subsection (d)--
(A) by striking ``Not later than March 31 of each
even-numbered year beginning in 2016'' and inserting
``Not later than March 31, 2025, and every four years
thereafter,'';
(B) by striking ``submitting during 2016'' and
inserting ``submitted during 2025''; and
(C) by striking paragraph (4) and inserting the
following new paragraph:
``(4) a description of the deactivation and decommissioning
actions taken at each nonoperational defense nuclear facility
during the period following the date on which the previous
report required by this section was submitted.''; and
(4) in subsection (e), by striking ``2026'' and inserting
``2033''.
SEC. 3115. USE OF ALTERNATIVE TECHNOLOGIES TO ELIMINATE
PROLIFERATION THREATS AT VULNERABLE
SITES.
Section 4306B of the Atomic Energy Defense Act (50 U.S.C. 2569) is
amended--
(1) in subsection (c)(1)(M)(ii), by inserting ``(including
through the use of alternative technologies)'' after
``convert''; and
(2) in subsection (g), by adding at the end the following
new paragraph:
[[Page 136 STAT. 3054]]
``(7) <<NOTE: Definition.>> The term `alternative
technologies' means technologies, such as accelerator-based
equipment, that do not use radiological materials.''.
SEC. 3116. UNAVAILABILITY FOR OVERHEAD COSTS OF AMOUNTS SPECIFIED
FOR LABORATORY-DIRECTED RESEARCH AND
DEVELOPMENT.
(a) In General.--Section 4812 of the Atomic Energy Defense Act (50
U.S.C. 2792) is amended by adding at the end the following new
subsection:
``(c) Limitation on Use of Funds for Overhead.--A national security
laboratory may not use funds made available under section 4811(c) to
cover the costs of general and administrative overhead for the
laboratory.''.
(b) Repeal of Pilot Program.--Section 3119 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 50 U.S.C.
2791 note) is repealed.
SEC. 3117. WORKFORCE ENHANCEMENT FOR NATIONAL NUCLEAR SECURITY
ADMINISTRATION.
(a) Elimination of Cap on Full-time Equivalent Employees of the
National Nuclear Security Administration.--Section 3241A of the National
Nuclear Security Administration Act (50 U.S.C. 2441a) is amended--
(1) by striking subsections (a) and (c);
(2) by redesignating subsections (d), (e), and (f) as
subsections (a), (b), and (c), respectively; and
(3) by redesignating the first subsection (b) as subsection
(d) and moving the subsection so as to appear after subsection
(c), as redesignated by paragraph (2).
(b) Annual Briefing.--Subsection (c) of such section, as so
redesignated, is amended to read as follows:
``(c) Annual Briefing.--In conjunction with the submission of the
budget of the President to Congress pursuant to section 1105 of title
31, United States Code, the Administrator shall provide to the
congressional defense committees a briefing containing the following
information:
``(1) A projection of the expected number of employees of
the Office of the Administrator, as counted under subsection
(d), for the fiscal year covered by the budget and the four
subsequent fiscal years, broken down by the office in which the
employees are projected to be assigned.
``(2) With respect to the most recent fiscal year for which
data is available--
``(A) the number of service support contracts of the
Administration and whether such contracts are funded
using program or program direction funds;
``(B) the number of full-time equivalent contractor
employees working under each contract identified under
subparagraph (A);
``(C) the number of full-time equivalent contractor
employees described in subparagraph (B) that have been
employed under such a contract for a period greater than
two years;
``(D) with respect to each contract identified under
subparagraph (A)--
``(i) identification of each appropriations
account that supports the contract; and
[[Page 136 STAT. 3055]]
``(ii) the amount obligated under the contract
during the fiscal year, listed by each such
account; and
``(E) with respect to each appropriations account
identified under subparagraph (D)(i), the total amount
obligated for contracts identified under subparagraph
(A).''.
(c) Conforming Amendment.--Subsection (d) of such section, as
redesignated by subsection (a), is amended by striking ``under
subsection (a)'' each place it appears and inserting ``under subsection
(c)''.
SEC. 3118. MODIFICATION OF COST BASELINES FOR CERTAIN PROJECTS.
Section 4713(a) of the Atomic Energy Defense Act (50 U.S.C. 2753(a))
is amended--
(1) in paragraph (2)(D), by striking ``$750,000,000'' and
inserting ``$800,000,000'';
(2) in paragraph (3)(A)(i), by striking ``$50,000,000'' and
inserting ``$65,000,000''; and
(3) in paragraph (4)(A)(i), by striking ``$50,000,000'' and
inserting ``$65,000,000''.
SEC. 3119. PURCHASE OF REAL PROPERTY OPTIONS.
Subtitle E of the National Nuclear Security Administration Act (50
U.S.C. 2461 et seq.) is amended by adding at the end the following new
section (and conforming the table of contents at the beginning of such
Act accordingly):
``SEC. 3265. <<NOTE: 50 USC 2466.>> USE OF FUNDS FOR THE PURCHASE
OF OPTIONS TO PURCHASE REAL PROPERTY.
``(a) Authority.--Subject to the limitation in subsection (b), funds
authorized to be appropriated for the Administration for the purchase of
real property may be expended to purchase options for the purchase of
real property.
``(b) Limitation on Price of Options.--The price of any option
purchased pursuant to subsection (a) may not exceed the minor
construction threshold (as defined in section 4701 of the Atomic Energy
Defense Act (50 U.S.C. 2741)).
``(c) <<NOTE: Deadline.>> Notice.--Not later than 14 days after the
date an option is purchased pursuant to subsection (a), the
Administrator shall submit to the congressional defense committees--
``(1) a notification of such purchase; and
``(2) <<NOTE: Summary.>> a summary of the rationale for
such purchase.''.
SEC. 3120. PROHIBITION ON AVAILABILITY OF FUNDS TO RECONVERT OR
RETIRE W76-2 WARHEADS.
(a) Prohibition.--Except as provided in subsection (b), none of the
funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2023 for the National Nuclear Security
Administration may be obligated or expended to reconvert or retire a
W76-2 warhead.
(b) <<NOTE: Certification.>> Waiver.--The Administrator for Nuclear
Security may waive the prohibition in subsection (a) if the
Administrator, in consultation with the Secretary of Defense and the
Chairman of the Joint Chiefs of Staff, certifies in writing to the
congressional defense committees--
[[Page 136 STAT. 3056]]
(1) that Russia and China do not possess naval capabilities
similar to the W76-2 warhead in the active stockpiles of the
respective country; and
(2) that the Department of Defense does not have a valid
military requirement for the W76-2 warhead.
SEC. <<NOTE: 50 USC 2532 note.>> 3121. ACCELERATION OF DEPLETED
URANIUM MANUFACTURING PROCESSES.
(a) <<NOTE: Requirement.>> Acceleration of Manufacturing.--The
Administrator for Nuclear Security shall require the nuclear security
enterprise to accelerate the modernization of manufacturing processes
for depleted uranium by 2030 so that the nuclear security enterprise--
(1) demonstrates bulk cold hearth melting of depleted
uranium alloys to augment existing capabilities on an
operational basis for war reserve components;
(2) manufactures, on a repeatable and ongoing basis, war
reserve depleted uranium alloy components using net shape
casting;
(3) demonstrates, if possible, a production facility to
conduct routine operations for manufacturing depleted uranium
alloy components outside of the current perimeter security
fencing of the Y-12 National Security Complex, Oak Ridge,
Tennessee; and
(4) has available high purity depleted uranium for the
production of war reserve components.
(b) <<NOTE: Deadlines.>> Annual Briefing.--Not later than March 31,
2023, and annually thereafter through 2030, the Administrator shall
provide to the congressional defense committees a briefing on--
(1) progress made in carrying out subsection (a);
(2) the cost of activities conducted under such subsection
during the preceding fiscal year; and
(3) the ability of the nuclear security enterprise to
convert depleted uranium fluoride hexafluoride to depleted
uranium tetrafluoride.
(c) Nuclear Security Enterprise Defined.--In this section, the term
``nuclear security enterprise'' has the meaning given that term in
section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501).
SEC. 3122. ASSISTANCE BY THE NATIONAL NUCLEAR SECURITY
ADMINISTRATION TO THE AIR FORCE FOR THE
DEVELOPMENT OF THE MARK 21A FUSE.
(a) <<NOTE: Deadline. Contracts.>> In General.--Not later than 90
days after the date of the enactment of this Act, the Administrator for
Nuclear Security shall enter into an agreement with the Secretary of the
Air Force under which the Administrator shall support the Air Force by
reviewing and validating the development and sustainment of a fuse for
the Mark 21A reentry vehicle to support the W87-1 warhead over the
projected lifetime of the warhead, including by--
(1) acting as an external reviewer of the Mark 21A fuse,
including by reviewing--
(A) the design of the fuse;
(B) the quality of manufacturing and parts; and
(C) the life availability of components;
(2) advising and supporting the Air Force on strategies to
mitigate technical and schedule fuse risks; and
[[Page 136 STAT. 3057]]
(3) otherwise ensuring the expertise of the National Nuclear
Security Administration in fuse and warhead design and
manufacturing is available to support successful development and
sustainment of the fuse over its lifetime.
(b) Budget Request.--The Administrator shall include, in the budget
justification materials submitted to Congress in support of the budget
of the Department of Energy for fiscal year 2024 (as submitted with the
budget of the President under section 1105(a) of title 31, United States
Code), a request for amounts sufficient to ensure that the assistance
provided to the Air Force under the agreement under subsection (a) does
not negatively affect ongoing nuclear modernization programs of the
Administration.
(c) Nuclear Weapons Council Review.--During the life of the
agreement under subsection (a), the Nuclear Weapons Council established
under section 179 of title 10, United States Code, shall review the
agreement as part of the annual review by the Council of the budget of
the National Nuclear Security Administration and ensure that assistance
provided under such agreement aligns with ongoing programs of record
between the Department of Defense and the National Nuclear Security
Administration.
(d) <<NOTE: Deadline.>> Transmittal of Agreement.--Not later than
120 days after the date of the enactment of this Act, the Nuclear
Weapons Council shall transmit to the congressional defense committees
the agreement under subsection (a) and any comments that the Council
considers appropriate.
SEC. 3123. <<NOTE: Deadlines.>> DETERMINATION OF STANDARDIZED
INDIRECT COST ELEMENTS.
(a) In General.--Not later than March 31, 2025, the Deputy Chief
Financial Officer of the Department of Energy shall, in consultation
with the Administrator for Nuclear Security and the Director of the
Office of Science, determine standardized indirect cost elements to be
reported by contractors to the Administrator.
(b) <<NOTE: Plan.>> Report.--Not later than 90 days after the date
that the determination required by subsection (a) is made, the Deputy
Chief Financial Officer shall, in coordination with the Administrator
and the Director, submit to the congressional defense committees a
report describing the standardized indirect cost elements determined
under subsection (a) and a plan to require contractors to report,
beginning in fiscal year 2026, such standardized indirect cost elements
to the Administrator.
(c) Standardized Indirect Cost Elements Defined.--In this section,
the term ``standardized indirect cost elements'' means the categories of
indirect costs incurred by management and operating contractors that
receive funds to perform work for the National Nuclear Security
Administration.
SEC. 3124. <<NOTE: Deadlines. Time periods. 50 USC 2538a note.>>
CERTIFICATION OF COMPLETION OF
MILESTONES WITH RESPECT TO PLUTONIUM PIT
AGING.
(a) Requirement.--The Administrator for Nuclear Security shall
complete the milestones on plutonium pit aging identified in the report
entitled ``Research Program Plan for Plutonium and Pit Aging'',
published by the National Nuclear Security Administration in September
2021.
(b) Assessments.--The Administrator shall--
(1) <<NOTE: Reviews.>> acting through the Defense Programs
Advisory Committee, conduct biennial reviews during the period
beginning not later than one year after the date of the
enactment of
[[Page 136 STAT. 3058]]
this Act and ending December 31, 2030, regarding the progress
achieved toward completing the milestones described in
subsection (a); and
(2) seek to enter into an arrangement with the private
scientific advisory group known as JASON to conduct, not later
than 2030, an assessment of plutonium pit aging.
(c) Briefings.--During the period beginning not later than one year
after the date of the enactment of this Act and ending December 31,
2030, the Administrator shall provide to the congressional defense
committees biennial briefings on--
(1) the progress achieved toward completing the milestones
described in subsection (a); and
(2) the results of the assessments described in subsection
(b).
(d) Certification of Completion of Milestones.--Not later than
October 1, 2031, the Administrator shall--
(1) certify to the congressional defense committees whether
the milestones described in subsection (a) have been achieved;
and
(2) <<NOTE: Reports.>> if the milestones have not been
achieved, submit to such committees a report--
(A) describing the reasons such milestones have not
been achieved;
(B) <<NOTE: Determinations.>> including, if the
Administrator determines the Administration will not be
able to meet one of such milestones, an explanation for
that determination; and
(C) specifying new dates for the completion of the
milestones the Administrator anticipates the
Administration will meet.
SEC. 3125. NATIONAL NUCLEAR SECURITY ADMINISTRATION FACILITY
ADVANCED MANUFACTURING DEVELOPMENT.
(a) In General.--Of the funds authorized to be appropriated by this
Act for fiscal year 2023 for the National Nuclear Security
Administration for nuclear weapons production facilities, the
Administrator for Nuclear Security may authorize an amount, not to
exceed 5 percent of such funds, to be used by the director of each such
facility to engage in research, development, and demonstration
activities in order to maintain and enhance the engineering and
manufacturing capabilities at such facility.
(b) Nuclear Weapons Production Facility Defined.--In this section,
the term ``nuclear weapons production facility'' has the meaning given
that term in section 4002 of the Atomic Energy Defense Act (50 U.S.C.
2501).
SEC. 3126. <<NOTE: 50 USC 2538a note.>> AUTHORIZATION OF
WORKFORCE DEVELOPMENT AND TRAINING
PARTNERSHIP PROGRAMS WITHIN NATIONAL
NUCLEAR SECURITY ADMINISTRATION.
(a) Authority.--The Administrator for Nuclear Security may authorize
management and operating contractors at covered facilities to develop
and implement workforce development and training partnership programs to
further the education and training of employees or prospective employees
of such management and operating contractors to meet the requirements of
section 4219 of the Atomic Energy Defense Act (50 U.S.C. 2538a).
(b) Capacity.--To carry out subsection (a), a management and
operating contractor at a covered facility may provide funding through
grants or other means to cover the costs of the development
[[Page 136 STAT. 3059]]
and implementation of a workforce development and training partnership
program authorized under such subsection, including costs relating to
curriculum development, hiring of teachers, procurement of equipment and
machinery, use of facilities or other properties, and provision of
scholarships and fellowships.
(c) Definitions.--In this section:
(1) The term ``covered facility'' means--
(A) Los Alamos National Laboratory, Los Alamos, New
Mexico; or
(B) the Savannah River Site, Aiken, South Carolina.
(2) The term ``prospective employee'' means an individual
who has applied (or who, based on their field of study and
experience, is likely to apply) for a position of employment
with a management and operating contractor to support plutonium
pit production at a covered facility.
Subtitle C--Reports and Other Matters
SEC. 3131. MODIFICATION TO CERTAIN REPORTING REQUIREMENTS.
(a) Reports on Nuclear Warhead Acquisition Process.--Section 4223 of
the Atomic Energy Defense Act (50 U.S.C. 2538e) is amended--
(1) in subsection (a)(2)(A), by striking ``submit to the
congressional defense committees a plan'' and inserting
``provide to the congressional defense committees a briefing on
a plan''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``certify to the
congressional defense committees that'' and inserting
``provide to the congressional defense committees a
briefing that includes certifications that--''; and
(B) in paragraph (2)--
(i) by inserting ``, or provide to such
committees a briefing on,'' after ``a report
containing''; and
(ii) by inserting ``or briefing, as the case
may be'' after ``date of the report''.
(b) Reports on Transfers of Civil Nuclear Technology.--Section 3136
of the National Defense Authorization Act for Fiscal Year 2016 (42
U.S.C. 2077a) is amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following new
subsection:
``(i) Combination of Reports.--The Secretary of Energy may submit
the annual reports required by subsections (a), (d), and (e) as a single
annual report, including by providing portions of the information so
required as an annex to the single annual report.''.
(c) Conforming Amendment.--Section 161 n. of the Atomic Energy Act
of 1954 (50 U.S.C. 2201(n)) is amended by striking ``section 3136(i) of
the National Defense Authorization Act for Fiscal Year 2016 (42 U.S.C.
2077a(i)))'' and inserting ``section 3136 of the National Defense
Authorization Act for Fiscal Year 2016 (42 U.S.C. 2077a))''.
[[Page 136 STAT. 3060]]
SEC. 3132. REPEAL OF OBSOLETE PROVISIONS OF THE ATOMIC ENERGY
DEFENSE ACT AND OTHER PROVISIONS.
(a) Repeal of Provisions of the Atomic Energy Defense Act.--
(1) In general.--The Atomic Energy Defense Act (50 U.S.C.
2501 et seq.) is amended--
(A) in title XLII--
(i) in subtitle A, by striking section
4215; <<NOTE: 50 USC 2535.>> and
(ii) in subtitle B, by striking section
4235; <<NOTE: 50 USC 2545.>> and
(B) in title XLIV--
(i) in subtitle A, by striking section
4403; <<NOTE: 50 USC 2583.>>
(ii) in subtitle C, by striking sections 4444,
4445, and 4446; <<NOTE: 50 USC 2624-2626.>> and
(iii) in subtitle D, by striking section
4454. <<NOTE: 50 USC 2638.>>
(2) Clerical amendment.--The table of contents for the
Atomic Energy Defense Act is amended by striking the items
relating to sections 4215, 4235, 4403, 4444, 4445, 4446, and
4454.
(b) Repeal of Other Provisions.--
(1) Authority to use international nuclear materials
protection and cooperation program funds outside the former
soviet union.--Section 3124 of the National Defense
Authorization Act for Fiscal Year 2004 (50 U.S.C. 2568) is
repealed.
(2) Silk road initiative; nuclear nonproliferation
fellowships.--Sections 3133 and 3134 of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005 (50
U.S.C. 2570, 2571) are repealed.
(3) Requirement for research and development plan and report
with respect to nuclear forensics capabilities.--Section 3114 of
the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (50 U.S.C. 2574) is repealed.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Continuation of functions and powers during loss of quorum.
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2023,
$41,401,400 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
SEC. 3202. CONTINUATION OF FUNCTIONS AND POWERS DURING LOSS OF
QUORUM.
Section 311(e) of the Atomic Energy Act of 1954 (42 U.S.C. 2286(e))
is amended--
(1) by striking ``Three members'' and inserting ``(1) Three
members''; and
(2) by adding at the end the following new paragraphs:
``(2) In accordance with paragraph (4), during a covered period, the
Chairperson, in consultation with an eligible member, may carry out the
functions and powers of the Board under sections 312 through 316,
notwithstanding that a quorum does not exist.
[[Page 136 STAT. 3061]]
``(3) <<NOTE: Deadline. Notification.>> Not later than 30 days
after a covered period begins, the Chairperson shall notify the
congressional defense committees that a quorum does not exist.
``(4) <<NOTE: Recommenda- tions.>> The Chairperson may make
recommendations to the Secretary of Energy and initiate investigations
into defense nuclear facilities under section 312 pursuant to paragraph
(2) only if--
``(A) a period of 30 days elapses following the date on
which the Chairperson submits the notification required under
paragraph (3);
``(B) <<NOTE: Deadline. Notification.>> not later than 30
days after making any such recommendation or initiating any such
investigation, the Chairperson notifies the congressional
defense committees of such recommendation or investigation; and
``(C) any eligible member concurs with such recommendation
or investigation.
``(5) <<NOTE: Definitions.>> In this subsection:
``(A) The term `congressional defense committees' has the
meaning given such term in section 101(a) of title 10, United
States Code.
``(B) The term `covered period' means a period beginning on
the date on which a quorum specified in paragraph (1) does not
exist by reason of either or both a vacancy in the membership of
the Board or the incapacity of a member of the Board and ending
on the earlier of--
``(i) the date that is one year after such beginning
date; or
``(ii) the date on which a quorum exists.
``(C) The term `eligible member' means a member of the
Board, other than the Chairperson, serving during a covered
period and who is not incapacitated.''.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There are hereby authorized to be appropriated to the
Secretary of Energy $13,004,000 for fiscal year 2023 for the purpose of
carrying out activities under chapter 869 of title 10, United States
Code, relating to the naval petroleum reserves.
(b) Period of Availability.--Funds appropriated pursuant to the
authorization of appropriations in subsection (a) shall remain available
until expended.
TITLE XXXV--MARITIME ADMINISTRATION
Subtitle A--Maritime Administration
Sec. 3501. Authorization of appropriations for the Maritime
Administration.
Sec. 3502. Secretary of Transportation responsibility with respect to
cargoes procured, furnished, or financed by other Federal
departments and agencies.
[[Page 136 STAT. 3062]]
Subtitle B--Merchant Marine Academy
Sec. 3511. Exemption of certain students from requirement to obtain
merchant mariner license.
Sec. 3512. Board of Visitors.
Sec. 3513. Protection of cadets from sexual assault onboard vessels.
Sec. 3514. Service academy faculty parity of use of United States
Government works.
Sec. 3515. Reports on matters relating to the United States Merchant
Marine Academy.
Sec. 3516. Study on Capital Improvement Program at the USMMA.
Sec. 3517. Requirements relating to training of Merchant Marine Academy
cadets on certain vessels.
Subtitle C--Maritime Infrastructure
Sec. 3521. United States marine highway program.
Sec. 3522. Port infrastructure development grants.
Sec. 3523. Project selection criteria for port infrastructure
development program.
Sec. 3524. Infrastructure improvements identified in the report on
strategic seaports.
Sec. 3525. GAO review of Government efforts to promote growth and
modernization of United States Merchant Fleet.
Sec. 3526. GAO review of Federal efforts to enhance port infrastructure
resiliency and disaster preparedness.
Sec. 3527. Study on foreign investment in shipping.
Sec. 3528. Report on alternate marine fuel bunkering facilities at
ports.
Sec. 3529. Study of cybersecurity and national security threats posed by
foreign manufactured cranes at United States ports.
Subtitle D--Maritime Workforce
Sec. 3531. Improving Protections for Midshipmen.
Sec. 3532. Maritime Technical Advancement Act.
Sec. 3533. Ensuring diverse mariner recruitment.
Sec. 3534. Low emissions vessels training.
Subtitle E--Other Matters
Sec. 3541. Waiver of navigation and vessel inspection laws.
Sec. 3542. National maritime strategy.
Sec. 3543. Maritime Environmental and Technical Assistance Program.
Sec. 3544. Definition of qualified vessel.
Sec. 3545. Establishing a capital construction fund.
Sec. 3546. Recapitalization of National Defense Reserve Fleet.
Sec. 3547. Sense of Congress on Merchant Marine.
Sec. 3548. Analysis of effects of chemicals in stormwater runoff on
Pacific salmon and steelhead.
Sec. 3549. Report on effective vessel quieting measures.
Subtitle A--Maritime Administration
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR THE MARITIME
ADMINISTRATION.
(a) Maritime Administration.--There are authorized to be
appropriated to the Department of Transportation for fiscal year 2023,
for programs associated with maintaining the United States Merchant
Marine, the following amounts:
(1) For expenses necessary to support the United States
Merchant Marine Academy, $112,848,000, of which--
(A) $87,848,000 shall be for Academy operations;
(B) $22,000,000 shall be for facilities maintenance
and repair and equipment; and
(C) $3,000,000 shall be for training, staffing,
retention, recruiting, and contract management for
United States Merchant Marine Academy capital
improvement projects.
(2) For expenses necessary to support the State maritime
academies, $53,780,000, of which--
[[Page 136 STAT. 3063]]
(A) $2,400,000 shall be for the Student Incentive
Program;
(B) $6,000,000 shall be for direct payments for
State maritime academies;
(C) $6,800,000 shall be for training ship fuel
assistance;
(D) $8,080,000 shall be for offsetting the costs of
training ship sharing; and
(E) $30,500,000 shall be for maintenance and repair
of State maritime academy training vessels.
(3) For expenses necessary to support the National Security
Multi-Mission Vessel Program, including funds for construction
and necessary expenses to construct shoreside infrastructure to
support such vessels, $75,000,000.
(4) For expenses necessary to support Maritime
Administration operations and programs, $131,433,000, of which--
(A) $15,000,000 shall be for the Maritime
Environmental and Technical Assistance program
authorized under section 50307 of title 46, United
States Code;
(B) $30,000,000 shall be for shall be for the
Maritime Centers of Excellence, including to make grants
authorized under Section 51706 of title 46, United
States Code;
(C) $15,000,000 shall be for the Marine Highways
Program, including to make grants as authorized under
section 55601 of title 46, United States Code;
(D) $67,433,000 shall be for headquarters operations
expenses;
(E) $2,000,000 shall be for expenses necessary to
provide for sealift contested environment evaluation;
(F) $800,000 shall be for expenses necessary to
provide for National Defense Reserve Fleet resiliency;
and
(G) $1,200,000 shall be for expenses necessary to
provide for a comprehensive evaluation to assess the
requirements for the training ship State of Michigan.
(5) For expenses necessary for the disposal of obsolete
vessels in the National Defense Reserve Fleet of the Maritime
Administration, $6,000,000.
(6) For expenses necessary to maintain and preserve a United
States flag merchant marine to serve the national security needs
of the United States under chapter 531 of title 46, United
States Code, $318,000,000.
(7) For expenses necessary for the loan guarantee program
authorized under chapter 537 of title 46, United States Code,
$33,000,000, of which--
(A) $30,000,000 may be for the cost (as defined in
section 502(5) of the Federal Credit Reform Act of 1990
(2 U.S.C. 661a(5))) of loan guarantees under the
program; and
(B) $3,000,000 may be used for administrative
expenses relating to loan guarantee commitments under
the program.
(8) For expenses necessary to provide assistance to small
shipyards and for maritime training programs authorized under
section 54101 of title 46, United States Code, $30,000,000.
(9) <<NOTE: Determination.>> For expenses necessary to
implement the Port Infrastructure Development Program, as
authorized under section 54301 of title 46, United States Code,
$750,000,000, to remain available until expended, except that no
such funds authorized
[[Page 136 STAT. 3064]]
under this title for this program may be used to provide a grant
to purchase fully automated cargo handling equipment that is
remotely operated or remotely monitored with or without the
exercise of human intervention or control, if the Secretary of
Transportation determines such equipment would result in a net
loss of jobs within a port or port
terminal. <<NOTE: Determination. Deadline.>> If such a
determination is made, the data and analysis for such
determination shall be reported to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives not later than 3 days after the date of the
determination.
(b) Tanker Security Program.--
(1) Funding.--Section 53411 of title 46, United States Code,
is amended by striking ``through 2035'' and inserting ``and
2023, and $120,000,000 for fiscal years 2024 through 2035''.
(2) Increase in number of vessels.--Section 53403(c) of
title 46, United States Code, is amended--
(A) by striking ``For any fiscal year, the
Secretary'' and inserting ``The Secretary'';
(B) by striking ``more than 10 vessels'' and
inserting ``more than--''; and
(C) by adding at the end the following new
paragraphs:
``(1) for each of fiscal years 2022 and 2023, 10 vessels;
and
``(2) for any subsequent fiscal year, 20 vessels.''.
(c) <<NOTE: Assessments.>> Report.--Not later than June 30, 2023,
the Maritime Administrator shall prepare and submit to the Committees on
Armed Services of the House of Representatives and of the Senate, to the
Committee on Transportation and Infrastructure of the House of
Representatives, and to the Committee on Commerce, Science, and
Transformation of the Senate a report that includes the following:
(1) An assessment of industry capacity to support an
expansion of the Tanker Security Program pursuant to section
53411 of title 46, United States Code, as amended by subsection
(b)(1), and section 53403(c) of title 46, United States Code, as
amended by subsection (b)(2).
(2) <<NOTE: Timeline.>> An implementation timeline for
entering 10-vessels into the Tanker Security Program not later
than September 30, 2023, including all vessel conversion
requirements, and crew training requirements.
(3) <<NOTE: Timeline.>> An implementation timeline for
entering 20-vessels into the Tanker Security Program not later
than September 30, 2024, including all vessel conversion
requirements, and crew training requirements.
(4) An assessment of whether the $6,000,000 per-vessel
stipend meets requirements to attract and sustain the full 20-
vessel requirement for the Tanker Security Program.
(5) An assessment of the need for additional authorities to
offset the costs associated with converting vessels into CONSOL-
capable vessels, and to offset the costs associated with
training the crews to operate such vessels.
(6) Other matters the Administrator deems appropriate.
[[Page 136 STAT. 3065]]
SEC. 3502. SECRETARY OF TRANSPORTATION RESPONSIBILITY WITH RESPECT
TO CARGOES PROCURED, FURNISHED, OR
FINANCED BY OTHER FEDERAL DEPARTMENTS
AND AGENCIES.
(a) <<NOTE: Deadline. Regulations. 46 USC 55305 note.>> In
General.--Not later than 270 days after the date of the enactment of
this Act, the Administrator of the Maritime Administration shall issue a
final rule to implement and enforce section 55305(d) of title 46, United
States Code.
(b) Programs of Other Agencies.--Section 55305(d)(2)(A) of title 46,
United States Code, is amended by inserting after ``section'' the
following: ``and annually submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report on the
administration of such programs''.
Subtitle B--Merchant Marine Academy
SEC. 3511. EXEMPTION OF CERTAIN STUDENTS FROM REQUIREMENT TO
OBTAIN MERCHANT MARINER LICENSE.
Section 51309 of title 46, United States Code, is amended--
(1) in subsection (a)(2)--
(A) by inserting ``able or'' before ``allowed'';
(B) by striking ``only because of physical
disqualification may'' and inserting ``solely due to a
documented medical or psychological condition shall'';
and
(C) in the paragraph heading, by inserting ``or
psychological'' after ``physical''; and
(2) by adding at the end the following new subsection:
``(d) Definition of Documented Medical or Psychological Condition.--
In this section the term `documented medical or psychological condition'
means, with respect to an individual, a physical disqualification or
psychological condition, including a mental health condition arising
from sexual assault or sexual harassment, for which the individual has
been treated or is being treated by a medical or psychological
provider.''.
SEC. 3512. BOARD OF VISITORS.
Section 51312 of title 46, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (2)--
(i) by redesignating subparagraph (C) as
subparagraph (D);
(ii) in subparagraph (D), as so redesignated,
by striking ``flag-rank who'' and inserting
``flag-rank'';
(iii) in subparagraph (B), by striking ``and''
after the semicolon; and
(iv) by inserting after subparagraph (B) the
following:
``(C) at least 1 shall be a representative of a
maritime labor organization; and''; and
(B) in paragraph (3), by adding at the end the
following:
``(C) Replacement.--If a member of the Board is
replaced, not later than 60 days after the date of the
replacement, the Designated Federal Officer selected
under subsection (g)(2) shall notify that member.'';
(2) in subsection (d)--
[[Page 136 STAT. 3066]]
(A) in paragraph (1), by inserting ``and 2
additional meetings, which may be held in person or
virtually'' after ``Academy''; and
(B) by adding at the end the following:
``(3) <<NOTE: Coordination. Determination.>> Scheduling;
notification.--When scheduling a meeting of the Board, the
Designated Federal Officer shall coordinate, to the greatest
extent practicable, with the members of the Board to determine
the date and time of the meeting. Members
of <<NOTE: Deadline.>> the Board shall be notified of the date
of each meeting not less than 30 days prior to the meeting
date.'';
(3) in subsection (e), by adding at the end the following:
``(4) Staff.--One or more staff of each member of the Board
may accompany them on Academy visits.
``(5) <<NOTE: Coordination. Determination.>> Scheduling;
notification.--When scheduling a visit to the Academy, the
Designated Federal Officer shall coordinate, to the greatest
extent practicable, with the members of the Board to determine
the date and time of the visit. Members
of <<NOTE: Deadline.>> the Board shall be notified of the date
of each visit not less than 30 days prior to the visit date.'';
and
(4) in subsection (h)--
(A) by inserting ``and ranking member'' after
``chairman'' each place the term appears; and
(B) by adding at the end the following: ``Such staff
may attend meetings and may visit the Academy.''.
SEC. 3513. PROTECTION OF CADETS FROM SEXUAL ASSAULT ONBOARD
VESSELS.
(a) In General.--Section 51322 of title 46, United States Code, is
amended--
(1) by striking subsection (a) and inserting the following:
``(a) Safety Criteria.--The Maritime Administrator, after consulting
with the Commandant of the Coast Guard, shall establish--
``(1) <<NOTE: Criteria.>> criteria, to which an owner or
operator of a vessel engaged in commercial service shall adhere
prior to carrying a cadet performing their Sea Year service from
the United States Merchant Marine Academy, that addresses
prevention of, and response to, sexual harassment, dating
violence, domestic violence, sexual assault, and stalking; and
``(2) <<NOTE: Process.>> a process for collecting pertinent
information from such owners or operators and verifying their
compliance with the criteria.
``(b) <<NOTE: Requirement.>> Minimum Standards.--At a minimum, the
criteria established under subsection (a) shall require the vessel
owners or operators to have policies that address--
``(1) communication between a cadet and an individual ashore
who is trained in responding to incidents of sexual harassment,
dating violence, domestic violence, sexual assault, and
stalking;
``(2) the safety and security of cadet staterooms while a
cadet is onboard the vessel;
``(3) requirements for crew to report complaints or
incidents of sexual assault, sexual harassment, dating violence,
domestic violence, and stalking consistent with the requirements
in section 10104;
``(4) <<NOTE: Records.>> the maintenance of records of
reports of sexual harassment, dating violence, domestic
violence, sexual assault, and stalking onboard a vessel carrying
a cadet;
[[Page 136 STAT. 3067]]
``(5) <<NOTE: Records.>> the maintenance of records of
sexual harassment, dating violence, domestic violence, sexual
assault, and stalking training as required under subsection (f);
``(6) <<NOTE: Requirement. Records.>> a requirement for the
owner or operator provide each cadet a copy of the policies and
procedures related to sexual harassment, dating violence,
domestic violence, sexual assault, and stalking policies that
pertain to the vessel on which they will be employed; and
``(7) any other issues the Maritime Administrator determines
necessary to ensure the safety of cadets during Sea Year
training.
``(c) <<NOTE: Requirement. Certification.>> Self-certification by
Owners or Operators.--The Maritime Administrator shall require the owner
or operator of any commercial vessel that is carrying a cadet from the
United States Merchant Marine Academy to annually certify that--
``(1) the vessel owner or operator is in compliance with the
criteria established under subsection (a); and
``(2) the vessel is in compliance with the International
Convention of Safety of Life at Sea, 1974 (32 UST 47) and
sections 8106 and 70103(c).
``(d) Information, Training, and Resources.--The Maritime
Administrator shall ensure that a cadet participating in Sea Year--
``(1) receives training specific to vessel safety, including
sexual harassment, dating violence, domestic violence, sexual
assault, and stalking prevention and response training, prior to
the cadet boarding a vessel for Sea Year training;
``(2) is equipped with an appropriate means of communication
and has been trained on its use;
``(3) has access to a helpline to report incidents of sexual
harassment, dating violence, domestic violence, sexual assault,
or stalking that is monitored by trained personnel; and
``(4) is informed of the legal requirements for vessel
owners and operators to provide for the security of individuals
onboard, including requirements under section 70103(c) and
chapter 81.'';
(2) by redesignating subsections (b) through (d) as
subsections (e) through (g), respectively;
(3) in subsection (e), as so redesignated, by striking
paragraph (2) and inserting the following new paragraphs:
``(2) <<NOTE: Determination.>> Access to information.--The
vessel operator shall make available to staff conducting a
vessel check such information as the Maritime Administrator
determines is necessary to determine whether the vessel is being
operated in compliance with the criteria established under
subsection (a).
``(3) <<NOTE: Determination.>> Removal of students.--If
staff of the Academy or staff of the Maritime Administration
determine that a commercial vessel is not in compliance with the
criteria established under subsection (a), the staff--
``(A) may remove a cadet of the Academy from the
vessel; and
``(B) <<NOTE: Reports.>> shall report such
determination of non-compliance to the owner or operator
of the vessel.'';
(4) in subsection (f), as so redesignated, by striking ``or
the seafarer union'' and inserting ``and the seafarer union'';
and
(5) by adding at the end the following:
``(h) Noncommercial Vessels.--
[[Page 136 STAT. 3068]]
``(1) In general.--A public vessel (as defined in section
2101) shall not be subject to the requirements of this section.
``(2) Requirements for participation.--The Maritime
Administrator may establish criteria and requirements that the
operators of public vessels shall meet to participate in the Sea
Year program of the United States Merchant Marine Academy that
addresses prevention of, and response to, sexual harassment,
dating violence, domestic violence, sexual assault, and
stalking.
``(i) Sharing of Best Practices.--The Maritime Administrator shall
share with State maritime academies best practices for, and lessons
learned with respect to, the prevention of, and response to, sexual
harassment, dating violence, domestic violence, sexual assault, and
stalking.''.
(b) <<NOTE: 46 USC 51322 note.>> Regulations.--
(1) In general.--The Maritime Administrator may prescribe
rules necessary to carry out the amendments made by this
section.
(2) Interim rules.--The Maritime Administrator may prescribe
interim rules necessary to carry out the amendments made by this
section. For this purpose, the Maritime Administrator in
prescribing rules under paragraph (1) is excepted from
compliance with the notice and comment requirements of section
553 of title 5, United States Code. All rules prescribed under
the authority of the amendments made by this section shall
remain in effect until superseded by a final rule.
(c) Conforming Amendments.--
(1) <<NOTE: Repeal.>> Sea year compliance.--Section 3514 of
the National Defense Authorization Act for Fiscal Year 2017 (46
U.S.C. 51318 note) is repealed.
(2) Access of academy cadets to dod safe or equivalent
helpline.--Section 3515 of the National Defense Authorization
Act for Fiscal Year 2018 (46 U.S.C. 51518 note) is amended by
striking subsection (b) and redesignating subsection (c) as
subsection (b).
SEC. 3514. SERVICE ACADEMY FACULTY PARITY OF USE OF UNITED STATES
GOVERNMENT WORKS.
Section 105 of title 17, United States Code, is amended--
(1) in the heading of subsection (b), by striking ``Certain
of Works '' and inserting ``Certain Works'';
(2) in the first subsection (c) (relating to ``Use by
Federal Government'') by striking ``The Secretary of Defense''
and inserting ``A covered Secretary'';
(3) by redesignating the second subsection (c) (relating to
``Definitions'') as subsection (d); and
(4) in subsection (d), as redesignated by paragraph (3),
(A) in paragraph (2), by adding at the end the
following:
``(M) United States Merchant Marine Academy.'';
(B) by redesignating paragraph (3) as paragraph (4);
and
(C) by inserting after paragraph (2) the following
new paragraph:
``(3) The term `covered Secretary' means--
``(A) the Secretary of Transportation, with respect
to the United States Merchant Marine Academy;
[[Page 136 STAT. 3069]]
``(B) the Secretary of Homeland Security, with
respect to the United States Coast Guard Academy; or
``(C) the Secretary of Defense, with respect to any
other covered institution under paragraph (2).''.
SEC. <<NOTE: 46 USC 51301 note.>> 3515. REPORTS ON MATTERS
RELATING TO THE UNITED STATES MERCHANT
MARINE ACADEMY.
(a) Report on Implementation of NAPA Recommendations.--
(1) In general.--In accordance with paragraph (3), the
Secretary of Transportation shall submit to the appropriate
congressional committees reports on the status of the
implementation of the recommendations specified in paragraph
(4).
(2) Elements.--Each report under paragraph (1) shall include
the following:
(A) A description of the status of the
implementation of each recommendation specified in
paragraph (4), including whether the Secretary--
(i) concurs with the recommendation;
(ii) partially concurs with the
recommendation;
(iii) does not concur with the recommendation;
or
(iv) <<NOTE: Determination.>> determines the
recommendation is not applicable to the Department
of Transportation.
(B) An explanation of--
(i) with respect to a recommendation with
which the Secretary concurs, the actions the
Secretary intends to take to implement such
recommendation, including--
(I) any rules, regulations,
policies, or other guidance that have
been issued, revised, changed, or
cancelled as a result of the
implementation of the recommendation;
and
(II) any impediments to the
implementation of the recommendation;
(ii) with respect to a recommendation with
which the Secretary partially concurs, the actions
the Secretary intends to take to implement the
portion of such recommendation with which the
Secretary concurs, including--
(I) intermediate actions, milestone
dates, and the expected completion date
for the implementation of the portion of
the recommendation; and
(II) any rules, regulations,
policies, or other guidance that are
expected to be issued, revised, changed,
or cancelled as a result of the
implementation of the portion of the
recommendation;
(iii) with respect to a recommendation with
which the Secretary does not concur, an
explanation of why the Secretary does not concur
with such recommendation;
(iv) <<NOTE: Determination.>> with respect to
a recommendation that the Secretary determines is
not applicable to the Department of
Transportation, an explanation of the reasons for
the determination; and
(v) any statutory changes that may be
necessary--
[[Page 136 STAT. 3070]]
(I) to fully implement the
recommendations specified in paragraph
(4) with which the Secretary concurs; or
(II) to partially implement the
recommendations specified in such
paragraph with which the Secretary
partially concurs.
(C) A visual depiction of the status of the
completion of the recommendations specified in paragraph
(4).
(3) <<NOTE: Certification.>> Timing of reports.--The
Secretary of Transportation shall submit an initial report under
paragraph (1) not later than 180 days after the date of the
enactment of this Act. Following the submittal of the initial
report, the Secretary shall submit updated versions of the
report not less frequently than once every 180 days until the
date on which the Secretary submits to the appropriate
congressional committees a certification that each
recommendation specified in paragraph (4)--
(A) with which the Secretary concurs--
(i) has been fully implemented; or
(ii) cannot be fully implemented, including an
explanation of why; and
(B) with which the Secretary partially concurs--
(i) has been partially implemented; or
(ii) cannot be partially implemented,
including an explanation of why.
(4) Recommendations specified.--The recommendations
specified in this paragraph are the recommendations set forth in
the report prepared by a panel of the National Academy of Public
Administration pursuant to section 3513 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 1979) titled ``Organizational Assessment of the U.S.
Merchant Marine Academy: A Path Forward'', dated November 2021.
(b) Report on Implementation of Policy Relating to Sexual Harassment
and Other Matters.--Not later than one year after the date of the
enactment of this Act, the Secretary of Transportation shall submit to
the appropriate congressional committees a report on the status of the
implementation of the policy on sexual harassment, dating violence,
domestic violence, sexual assault, and stalking at the United States
Merchant Marine Academy, as required under section 51318 of title 46,
United States Code.
(c) Inspector General Audit.--
(1) <<NOTE: Deadline.>> In general.--Not later than 180
days after the date of the enactment of this Act, the Inspector
General of the Department of Transportation shall initiate an
audit of the actions taken by the Maritime Administration to
address only the following recommendations identified by a
National Academy of Public Administration panel in the November
2021 report titled ``Organizational Assessment of the United
States Merchant Marine Academy: A Path Forward'':
(A) Recommendations 4.1 through 4.3.
(B) Recommendations 4.7 through 4.11.
(C) Recommendations 5.1 through 5.4.
(D) Recommendations 5.6, 5.7, 5.11, 5.14, 5.15,
5.16, 6.6, and 6.7.
(E) Recommendations 6.1 through 6.4.
[[Page 136 STAT. 3071]]
(2) <<NOTE: Public information.>> Report.--After the
completion of the audit required under paragraph (1), the
Inspector General shall submit to the appropriate congressional
committees, and make publicly available, a report containing the
results of the audit.
(d) Implementation of Recommendations From the National Academy of
Public Administration.--
(1) Agreement for study by national academy of public
administration.--
(A) <<NOTE: Deadline.>> In general.--Not later than
30 days after the date of enactment of this Act, the
Secretary of Transportation shall seek to enter into an
agreement with the National Academy of Public
Administration (referred to in this section as the
``Academy'') under which the Academy shall provide
support for--
(i) prioritizing and addressing the
recommendations referred to subsection (c)(1) and
establishing a process for prioritizing other
recommendations in the future;
(ii) the development of--
(I) long-term processes and a
timeframe for long-term process
improvements; and
(II) corrective actions and best
practice criteria that can be
implemented in the medium- and near-
term;
(iii) the establishment of a clear assignment
of responsibility for the implementation of each
recommendation referred to in subsection (c)(1),
and a strategy for assigning other recommendations
in the future; and
(iv) a performance measurement system,
including data collection and tracking and
evaluating progress toward goals of the Merchant
Marine Academy.
(B) Report of progress.--Not later than one year
after the date of an agreement entered into pursuant to
subparagraph (A), the Secretary of Transportation, in
consultation with the Administrator of the Merchant
Marine Academy, shall submit to the Maritime
Administrator and the appropriate congressional
committees a report on the progress made in implementing
the recommendations referred to in subsection (c)(1).
(2) Prioritization and implementation plan.--
(A) <<NOTE: Deadline. Assessment.>> In general.--
Not later than one year after the date of enactment of
this Act, the Maritime Administrator shall submit to the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Armed Services of the
House of Representatives a prioritization and
implementation plan to assess, prioritize, and address
the recommendations identified by the National Academy
of Public Administration panel in the November 2021
report titled ``Organizational Assessment of the United
States Merchant Marine Academy: A Path Forward'' that
Superintendent of the Merchant Marine Academy determines
are relevant to the Maritime Administration, including
the recommendations referred to in subsection (c)(1).
The prioritization and implementation plan shall--
[[Page 136 STAT. 3072]]
(i) be developed using the strategies,
processes, and systems developed pursuant to an
agreement entered into under paragraph (1);
(ii) <<NOTE: Timelines. Cost estimate.>>
include estimated timelines and cost estimates for
the implementation of priority goals;
(iii) include summaries of stakeholder and
interagency engagement used to assess goals and
timelines;
(iv) <<NOTE: Determination.>> with respect to
any recommendation the Superintendent determines
is not relevant to the Maritime Administration,
include an explanation for the determination; and
(v) <<NOTE: Public information.>> submitted
to the Inspector General of the Department of
Transportation and the appropriate congressional
committees and made publicly available.
(B) Audit and report.--The Inspector General of the
Department of Transportation shall--
(i) <<NOTE: Public information.>> not later
than 180 days after the date on which the
prioritization and implementation plan described
in subparagraph (A) is made publicly available,
initiate an audit of the actions taken by the
Maritime Administration to address such plan;
(ii) monitor the actions taken by the Maritime
Administration to implement recommendations
contained in the audit required under clause (i)
and in prior audits of the Maritime
Administration's implementation of National
Academy of Public Administration recommendations
and periodically initiate subsequent audits of the
continued actions taken by the Maritime
Administration to address the prioritization and
implementation plan, as the Inspector General
determines necessary; and
(iii) <<NOTE: Public information.>> after the
completion of the audit required under clause (i),
submit to the Administrator of the Maritime
Administration and the appropriate congressional
committees, and make publicly available, a report
containing the results of the audit.
(C) <<NOTE: Public information.>> Report of
progress.--Not later than 180 days after the date on
which the report required under clause (ii) is made
publicly available, and annually thereafter, the
Administrator of the Maritime Administration shall
submit to the Inspector General of the Department of
Transportation and the appropriate congressional
committees a report that includes a description of--
(i) the actions planned to be taken by the
Maritime Administration, and estimated timeframes,
to implement any open or unresolved
recommendation--
(I) included in the report of the
Inspector General required under
subsection (B)(iii); or
(II) referred to in subsection
(c)(1); and
(ii) an identification of any recommendation
referred to in clause (i) for which the Maritime
Administration failed to meet a target action
date, or for which the Maritime Administration
requested an extension of time, and the reasons
why such an extension was necessary.
(3) Agreement for plan on capital improvements.--Not
later <<NOTE: Deadline.>> than 90 days after the date of the
enactment of
[[Page 136 STAT. 3073]]
this Act, the Maritime Administrator shall seek to enter into an
agreement with a Federal construction agent for the development
of a plan to execute capital improvements at the United States
Merchant Marine Academy.
(e) <<NOTE: Definition.>> Appropriate Congressional Committees.--In
this section, the term ``appropriate congressional committees'' means--
(1) the Committee on Commerce, Science, and Transportation
of the Senate;
(2) the Subcommittee on Transportation, Housing and Urban
Development, and Related Agencies of the Committee on
Appropriations of the Senate;
(3) the Committee on Transportation and Infrastructure of
the House of Representatives;
(4) the Subcommittee on Transportation, Housing and Urban
Development, and Related Agencies of the Committee on
Appropriations of the House of Representatives; and
(5) the Committee on Armed Services of the House of
Representatives.
SEC. 3516. STUDY ON CAPITAL IMPROVEMENT PROGRAM AT THE USMMA.
(a) Study.--The Comptroller General of the United States shall
conduct a study of the United States Merchant Marine Academy Capital
Improvement Program. <<NOTE: Evaluation.>> The study shall include an
evaluation of--
(1) the actions the United States Merchant Marine Academy
has taken to bring the buildings, infrastructure, and other
facilities on campus into compliance with applicable building
codes and the further actions required for full compliance;
(2) how the approach that the United States Merchant Marine
Academy uses to manage its capital assets compares with national
leading practices;
(3) how cost estimates prepared for capital asset projects
compares with cost estimating leading practices;
(4) whether the United States Merchant Marine Academy has
adequate staff who are trained to identify needed capital
projects, estimate the cost of those projects, perform building
maintenance, and manage capital improvement projects; and
(5) how the United States Merchant Marine Academy identifies
and prioritizes capital construction needs, and how the
prioritization of such needs relates to the safety, education,
and wellbeing of midshipmen.
(b) Report.--Not later than 18 months after the date of the
enactment of this section, the Comptroller General shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure and the Committee on
Armed Services of the House of Representatives a report containing the
findings of the study conducted under subsection (a).
SEC. 3517. REQUIREMENTS RELATING TO TRAINING OF MERCHANT MARINE
ACADEMY CADETS ON CERTAIN VESSELS.
(a) Requirements Relating to Protection of Cadets From Sexual
Assault Onboard Vessels.--
(1) In general.--Subsection (b) of section 51307 of title
46, United States Code, is amended to read as follows:
``(b) Sea Year Cadets on Certain Vessels.--
[[Page 136 STAT. 3074]]
``(1) Requirements.--The Secretary shall require an operator
of a vessel participating in the Maritime Security Program under
chapter 531 of this title, the Cable Security Fleet under
chapter 532 of this title, or the Tanker Security Fleet under
chapter 534 of this title to--
``(A) carry on each Maritime Security Program
vessel, Cable Security Fleet vessel, or Tanker Security
Fleet vessel 2 United States Merchant Marine Academy
cadets, if available, on each voyage; and
``(B) <<NOTE: Criteria.>> implement and adhere to
policies, programs, criteria, and requirements
established pursuant to section 51322 of this title.
``(2) Failure to implement or adhere to
requirements. <<NOTE: Determinations.>> --Failure to implement
or adhere to the policies, programs, criteria, and requirements
referred to in paragraph (1) may, as determined by the Maritime
Administrator, constitute a violation of an operating agreement
entered into under chapter 531, 532, or 534 of this title and
the Maritime Administrator may--
``(A) require the operator to take corrective
actions; or
``(B) withhold payment due to the operator until the
violation, as determined by the Maritime Administrator,
has been remedied.
``(3) Withheld payments.--Any payment withheld pursuant to
paragraph (2)(B) may be paid, upon a determination by the
Maritime Administrator that the operator is in compliance with
the policies, programs, criteria, and requirements referred to
in paragraph (1).''.
(2) <<NOTE: 46 USC 51307 note.>> Applicability.--Paragraph
(2) of subsection (b) of section 51307, as amended by paragraph
(1), shall apply with respect to any failure to implement or
adhere to the policies, programs, criteria, and requirements
referred to in paragraph (1)(B) of such subsection that occurs
on or after the date that is one year after the date of the
enactment of this Act.
(b) Conforming Amendments.--Title 46, United States Code, is further
amended--
(1) in section 53106(a)(2), by inserting ``or section
51307(b)'' after ``this section'';
(2) in section 53206(a)(2), by inserting ``or section
51307(b)'' after ``this section''; and
(3) in section 53406(a), by inserting ``or section
51307(b)'' after ``this section''.
Subtitle C--Maritime Infrastructure
SEC. 3521. UNITED STATES MARINE HIGHWAY PROGRAM.
(a) United States Marine Highway Program.--
(1) In general.--Section 55601 of title 46, United States
Code, is amended to read as follows:
``Sec. 55601. United States marine highway program
``(a) Establishment.--
``(1) In general.--There is in the Department of
Transportation a program, to be known as the `United States
marine highway program'.
[[Page 136 STAT. 3075]]
``(2) Additional program activities.--In carrying out the
program established under this subsection, the Secretary of
Transportation may--
``(A) coordinate with ports, State departments of
transportation, localities, other public agencies, and
appropriate private sector entities on the development
of landside facilities and infrastructure to support
marine highway transportation; and
``(B) develop performance measures for the program.
``(b) Marine Highway Transportation Routes.--
``(1) Designation.--The Secretary may designate a route as a
marine highway transportation route, or modify such a
designation, if--
``(A) such route--
``(i) provides a coordinated and capable
alternative to landside transportation;
``(ii) mitigates or relieves landside
congestion;
``(iii) promotes marine highway
transportation; or
``(iv) uses vessels documented under chapter
121; and
``(B) such designation or modification is requested
by--
``(i) the government of a State or territory;
``(ii) a metropolitan planning organization;
``(iii) a port authority;
``(iv) a non-Federal navigation district; or
``(v) a Tribal government.
``(2) <<NOTE: Deadline.>> Determination.--Not later than
180 days after the date on which the Maritime Administrator
receives a request for the designation or modification of a
marine highway route under paragraph (1), the Maritime
Administrator shall make a determination of whether to make the
requested designation or modification.
``(3) <<NOTE: Deadline.>> Notification.--Not later than 14
days after the date on which the Maritime Administrator makes a
determination under paragraph (2), the Maritime Administrator
shall notify the requester of the determination.
``(c) Map of Marine Highway Program Routes.--
``(1) In general.--The Maritime <<NOTE: Public
information.>> Administrator shall make publicly available a
map showing the location of marine highway routes, including
such routes along the coasts, in the inland waterways, and at
sea and update that map when a marine highway route is
designated or modified pursuant to subsection (b).
``(2) Coordination.--The Maritime Administrator shall
coordinate with the Administrator of the National Oceanic and
Atmospheric Administration to incorporate the map referred to in
paragraph (1) into the Marine Cadastre.
``(d) <<NOTE: Grants. Contracts.>> Assistance.--
``(1) <<NOTE: Determination.>> In general.--The Secretary
may make grants to, or enter into contracts or cooperative
agreements with, eligible entities to implement a marine highway
transportation project or a component of such a project if the
Secretary determines that the project or component--
``(A) meets the criteria referred to in subsection
(b)(1)(A); and
``(B) develops, expands, or promotes--
``(i) marine highway transportation; or
[[Page 136 STAT. 3076]]
``(ii) shipper use of marine highway
transportation.
``(2) Application.--
``(A) In general.--To be eligible to receive a grant
or to enter into a contract or cooperative agreement
under this subsection, an eligible entity shall submit
to the Secretary an application in such form and manner,
and at such time, as the Secretary may require. Such an
application shall include the following:
``(i) A comprehensive description of--
``(I) the marine highway route to be
served by the marine highway
transportation project;
``(II) the supporters of the marine
highway transportation project, which
may include business affiliations,
private sector stakeholders, State
departments of transportation,
metropolitan planning organizations,
municipalities, or other governmental
entities (including Tribal governments),
as applicable;
``(III) the need for such project;
and
``(IV) the performance measure for
the marine highway transportation
project, such as volumes of cargo or
passengers moved, or contribution to
environmental mitigation, safety,
reduced vehicle miles traveled, or
reduced maintenance and repair costs.
``(ii) A demonstration, to the satisfaction of
the Secretary, that--
``(I) the marine highway
transportation project is financially
viable; and
``(II) the funds or other assistance
provided under this subsection will be
spent or used efficiently and
effectively.
``(iii) Such other information as the
Secretary may require.
``(B) Pre-proposal.--
``(i) In general.--Prior to accepting a full
application under subparagraph (A), the Secretary
may require that an eligible entity first submit a
pre-proposal that contains a brief description of
the item referred to in clauses (i) through (iii)
of such subparagraph.
``(ii) <<NOTE: Deadline.>> Feedback.--Not
later than 30 days after receiving a pre-proposal
under clause (i) from an eligible entity, the
Secretary shall provide to the eligible entity
feedback to encourage or discourage the eligible
entity from submitting a full application. An
eligible entity may still submit a full
application even if that eligible entity is not
encouraged to do so after submitting a pre-
proposal.
``(C) Prohibition.--The Secretary may not require
separate applications for project designation and for
assistance under this section.
``(D) Grant application feedback.--Following the
award of assistance under this subsection for a
particular fiscal year, the Secretary may provide
feedback to an applicant to help such applicant improve
future applications if the feedback is requested by that
applicant.
[[Page 136 STAT. 3077]]
``(3) Timing.--
``(A) Notice of funding opportunity.--The Secretary
shall post a notice of funding opportunity regarding
grants, contracts, or cooperative agreements under this
subsection not more than 60 days after the date of the
enactment of the appropriations Act for the fiscal year
concerned.
``(B) Awarding of assistance.-- The Secretary shall
award grants, contracts, or cooperative agreements under
this subsection not later than 270 days after the date
of the enactment of the appropriations Act for the
fiscal year concerned.
``(4) Non-federal share.--
``(A) In general.--Except as provided in
subparagraph (B), not more than 80 percent of the
funding for any project for which funding is provided
under this subsection may come from Federal sources.
``(B) Tribal governments and rural areas.--The
Secretary may increase the Federal share of funding for
the project to an amount above 80 percent in the case of
an award of assistance under this subsection--
``(i) to an eligible entity that is a Tribal
government; or
``(ii) for a project located in a rural area.
``(5) Preference for financially viable projects.-- In
awarding grants or entering into contracts or cooperative
agreements under this subsection, the Secretary shall give a
preference to a project or component of a project that presents
the most financially viable transportation service and require
the lowest percentage of Federal share of the funding.
``(6) <<NOTE: Deadline.>> Treatment of unexpended funds.--
Notwithstanding paragraph (3)(B), amounts awarded under this
subsection that are not expended by the recipient within five
years after obligation of funds or that are returned shall
remain available to the Secretary to make grants and enter into
contracts and cooperative agreements under this subsection.
``(7) <<NOTE: Determination.>> Conditions on provision of
assistance.--The Secretary may not provide assistance to an
eligible entity under this subsection unless the Secretary
determines that--
``(A) sufficient funding is available to meet the
non-Federal share requirement under paragraph (4);
``(B) the marine highway project for which such
assistance is provided will be completed without
unreasonable delay; and
``(C) the eligible entity has the authority to
implement the proposed marine highway project.
``(8) Prohibited uses.--Assistance provided under this
subsection may not be used--
``(A) to improve port or land-based infrastructure
outside the United States; or
``(B) <<NOTE: Determination.>> unless the Secretary
determines that such activities are necessary to carry
out the marine highway project for which such assistance
is provided, to raise sunken vessels, construct
buildings or other physical facilities, or acquire land.
[[Page 136 STAT. 3078]]
``(9) Geographic distribution.--In making grants, contracts,
and cooperative agreements under this section the Secretary
shall take such measures so as to ensure an equitable geographic
distribution of funds.
``(10) <<NOTE: Definition.>> Eligible entity.--In this
subsection, the term `eligible entity' means--
``(A) a State, a political subdivision of a State,
or a local government;
``(B) a United States metropolitan planning
organization;
``(C) a United States port authority;
``(D) a Tribal government; or
``(E) a United States private sector operator of
marine highway projects or private sector owners of
facilities, including an Alaska Native Corporation, with
an endorsement letter from the requester of a marine
highway route designation or modification referred to in
subsection (b)(1)(B).''.
(2) Clerical amendment.--The analysis for chapter 556 of
title 46, United States Code, is <<NOTE: 46 USC prec. 55601.>>
amended by striking the item relating to section 55601 and
inserting the following:
``55601. United States marine highway program.''.
(b) Multistate, State, Tribal, and Regional Transportation
Planning.--
(1) In general.--Chapter 556 of title 46, United States
Code, is amended by inserting after section 55602 the following:
``Sec. <<NOTE: 46 USC 55603.>> 55603. Multistate, State, Tribal,
and regional transportation planning
``(a) In General.--The Secretary, in consultation with Federal
entities, State and local governments, Tribal governments, and
appropriate private sector entities, may develop strategies to encourage
the use of marine highway transportation for transportation of
passengers and cargo.
``(b) Strategies.--If the Secretary develops strategies under
subsection (a), the Secretary may--
``(1) assess the extent to which States, local governments,
and Tribal governments include marine highway transportation and
other marine transportation solutions in transportation
planning;
``(2) encourage State and Tribal departments of
transportation to develop strategies, where appropriate, to
incorporate marine highway transportation, ferries, and other
marine transportation solutions for regional and interstate
transport of freight and passengers in transportation planning;
and
``(3) encourage groups of States, Tribal governments, and
multistate transportation entities to determine how marine
highways can address congestion, bottlenecks, and other
interstate transportation challenges.''.
(2) Clerical amendment.--The analysis for chapter 556 of
title 46, United States Code, <<NOTE: 46 USC prec. 55601.>> is
amended by striking the item relating to section 55603 and
inserting the following:
``55603. Multistate, State, Tribal, and regional transportation
planning.''.
(c) Research on Marine Highway Transportation.--Section 55604 of
title 46, United States Code, is amended--
[[Page 136 STAT. 3079]]
(1) by redesignating paragraphs (1) through (3) as
paragraphs (3) through (5), respectively; and
(2) by inserting before paragraph (3), as redesignated by
paragraph (1), the following new paragraphs:
``(1) the economic effects of marine highway transportation
on the United States economy;
``(2) the effects of marine highway transportation,
including with respect to the provision of additional
transportation options, on rural areas;''.
(d) Definitions.--
(1) In general.--Section 55605 of title 46, United States
Code, is amended to read as follows: ``
``Sec. 55605. Definitions
``In this chapter:
``(1) The term `marine highway transportation' means the
carriage by a documented vessel of cargo (including such
carriage of cargo and passengers), if such cargo--
``(A) is--
``(i) contained in intermodal cargo containers
and loaded by crane on the vessel;
``(ii) loaded on the vessel by means of
wheeled technology, including roll-on roll-off
cargo;
``(iii) shipped in discrete units or packages
that are handled individually, palletized, or
unitized for purposes of transportation;
``(iv) bulk, liquid, or loose cargo loaded in
tanks, holds, hoppers, or on deck; or
``(v) freight vehicles carried aboard commuter
ferry boats; and
``(B) is--
``(i) loaded at a port in the United States
and unloaded either at another port in the United
States or at a port in Canada or Mexico; or
``(ii) loaded at a port in Canada or Mexico
and unloaded at a port in the United States.
``(2) The term ``Tribal government'' means the recognized
governing body of any Indian or Alaska Native Tribe, band,
nation, pueblo, village, community, component band, or component
reservation, individually identified (including parenthetically)
in the list published most recently, as of the date of enactment
of the James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023, pursuant to section 104 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).
``(3) The term `Alaska Native Corporation' has the meaning
given the term `Native Corporation' under section 3 of the
Alaska Native Claims Settlement Act (43 U.S.C. 1602).''.
(2) Clerical amendment.--The analysis for chapter 556 of
title 46, United States Code, <<NOTE: 46 USC prec. 55601.>> is
amended by striking the item relating to section 55605 and
inserting the following:
``55605. Definitions.''.
(e) Report on Maritime Highway Transportation in Gulf of Mexico and
Puget Sound.--Not later than one year after the date of the enactment of
this Act, the Maritime Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce,
[[Page 136 STAT. 3080]]
Science and Transportation of the Senate a report on opportunities for
maritime highway transportation, as that term is defined section
55605(1) of title 46, United States Code, as amended by this section, in
the Gulf of Mexico, Puget Sound, and Salish Sea System by vessels
documented under chapter 121 of title 46, united States Code.
(f) <<NOTE: 46 USC 55601 note.>> Deadline for Public Availability
of Map.--Not later than 120 days after the date of the enactment of this
Act, the Maritime Administration shall make publicly available the map
of marine highway program routes required to be made publicly available
under subsection (c) of section 55601 of title 46, United States Code,
as amended by this section.
SEC. 3522. PORT INFRASTRUCTURE DEVELOPMENT GRANTS.
(a) In General.--In making port infrastructure development grants
under section 54301 of title 46, United States Code, for fiscal year
2023, the Secretary of Transportation shall treat a project described in
subsection (b) as an eligible project under section 54301(a)(3) of such
title for purposes of making grants under section 54301(a) of such
title.
(b) Project Described.--A project described in this subsection is a
project to provide shore power at a port that services--
(1) passenger vessels described in section 3507(k) of title
46, United States Code; and
(2) vessels that move goods or freight.
SEC. 3523. PROJECT SELECTION CRITERIA FOR PORT INFRASTRUCTURE
DEVELOPMENT PROGRAM.
In making port infrastructure development grants under section 54301
of title 46, United States Code, for fiscal year 2023, in considering
the criteria under subparagraphs (A)(ii) and (B)(ii) of paragraph (6) of
subsection (a) with respect to a project described in paragraph (3) of
such subsection that is located in a noncontiguous State or territory,
the Secretary may take into account--
(1) the geographic isolation of the State or territory; and
(2) the economic dependence of the State or territory on the
proposed project.
SEC. 3524. INFRASTRUCTURE IMPROVEMENTS IDENTIFIED IN THE REPORT ON
STRATEGIC SEAPORTS.
In making port infrastructure development grants under section 54301
of title 46, United States Code, for fiscal year 2023, the Secretary may
consider infrastructure improvements identified in the report on
strategic seaports required by section 3515 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat.
1985) that would improve the commercial operations of those seaports.
SEC. 3525. GAO REVIEW OF GOVERNMENT EFFORTS TO PROMOTE GROWTH AND
MODERNIZATION OF UNITED STATES MERCHANT
FLEET.
(a) Review.--The Comptroller General of the United States shall
conduct a review of the efforts of the United States Government to
promote the growth and modernization of the United States maritime
industry and the vessels of the United States, as defined in section 116
of title 46, United States Code, including the overall efficacy of
United States Government financial support and policies,
[[Page 136 STAT. 3081]]
including the Capital Construction Fund, Construction Reserve Fund, and
other relevant loan, grant, or other programs.
(b) Report.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report that includes the results of a
review required under subsection (a).
SEC. 3526. GAO REVIEW OF FEDERAL EFFORTS TO ENHANCE PORT
INFRASTRUCTURE RESILIENCY AND DISASTER
PREPAREDNESS.
(a) Review.--The Comptroller General of the United States shall
conduct a review of Federal efforts to assist ports in enhancing the
resiliency of key intermodal connectors to weather-related
disasters. <<NOTE: Analysis.>> The review shall include an analysis of
the following:
(1) Actions being undertaken at various ports to better
identify critical land-side connectors that may be vulnerable to
disruption in the event of a natural disaster, including how to
communicate such information during a disaster when
communications systems may be compromised, and the level of
Federal involvement in such actions.
(2) The extent to which the Department of Transportation and
other Federal agencies are working in line with recent
recommendations from key resiliency reports, including the
National Academies of Science study on strengthening supply
chain resilience, to establish a framework for ports to follow
to increase resiliency to major weather-related disruptions
before such disruptions happen.
(3) The extent to which the Department of Transportation or
other Federal agencies have provided funds to ports for
resiliency-related projects.
(4) The extent to which Federal agencies have a coordinated
approach to helping ports and the multiple State, local, Tribal,
and private stakeholders involved, to improve resiliency prior
to weather-related disasters.
(b) Report.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report containing the results of the review required
under subsection (a).
SEC. 3527. STUDY ON FOREIGN INVESTMENT IN SHIPPING.
(a) Assessment.--Subject to the availability of appropriations, the
Under Secretary of Commerce for International Trade (referred to in this
section as the ``Under Secretary''), in coordination with the Maritime
Administrator, the Commissioner of the Federal Maritime Commission, and
the heads of other relevant agencies, shall conduct an assessment of
subsidies, indirect state support, and other financial infrastructure or
benefits provided by foreign states that control more than one percent
of the world merchant fleet to entities or individuals building, owning,
chartering, operating, or financing vessels not documented under the
laws of the United States that are engaged in foreign commerce.
(b) Report.--Not later than one year after the date of the enactment
of this Act, the Under Secretary shall submit to the appropriate
committees of Congress, as defined in section 3515(e),
[[Page 136 STAT. 3082]]
a report on the assessment conducted under subsection (a). Such report
shall include--
(1) the amount, in United States dollars, of subsidies,
indirect state support, and other financial infrastructure or
benefits provided by a foreign state described in subsection (a)
to--
(A) the shipping industry of each country as a
whole;
(B) the shipping industry as a percent of gross
domestic product of each country; and
(C) each ship on average, by ship type for cargo,
tanker, and bulk;
(2) the amount, in United States dollars, of subsidies,
indirect state support, and other financial infrastructure or
benefits provided by a foreign state described in subsection (a)
to the shipping industry of another foreign state, including
favorable financial arrangements for ship construction;
(3) a description of the shipping industry activities of
state-owned enterprises of a foreign state described in
subsection (a);
(4) a description of the type of support provided by a
foreign state described in subsection (a), including tax relief,
direct payment, indirect support of state-controlled financial
entities, or other such support, as determined by the Under
Secretary; and
(5) a description of how the subsidies provided by a foreign
state described in subsection (a) may be disadvantaging the
competitiveness of vessels documented under the laws of the
United States that are engaged in foreign commerce and the
national security of the United States.
(c) Definitions.--In this section:
(1) The term ``foreign commerce'' means--
(A) commerce or trade between the United States, its
territories or possessions, or the District of Columbia,
and a foreign country;
(B) commerce or trade between foreign countries; or
(C) commerce or trade within a foreign country.
(2) The term ``foreign state'' has the meaning given the
term in section 1603(a) of title 28, United States Code.
(3) The term ``shipping industry'' means the construction,
ownership, chartering, operation, or financing of vessels
engaged in foreign commerce.
SEC. 3528. REPORT ON ALTERNATE MARINE FUEL BUNKERING FACILITIES AT
PORTS.
(a) In <<NOTE: Public information. Web posting.>> General.--Not
later than one year after the date of enactment of this Act, the
Maritime Administrator shall make publicly available on an appropriate
website a report on the necessary port-related infrastructure needed to
support bunkering facilities for liquefied natural gas, hydrogen,
ammonia, or other new marine fuels under development.
(b) Contents.--The report required under subsection (a) shall
include--
(1) information about the existing United States
infrastructure, in particular the storage facilities, bunkering
vessels, and transfer systems to support bunkering facilities
for liquefied natural gas, hydrogen, ammonia, or other new
marine fuels under development;
[[Page 136 STAT. 3083]]
(2) <<NOTE: Review.>> a review of the needed upgrades to
United States infrastructure, including storage facilities,
bunkering vessels, and transfer systems, to support bunkering
facilities for liquefied natural gas, hydrogen, ammonia, or
other new marine fuels under development;
(3) <<NOTE: Assessment.>> an assessment of the estimated
Government investment in this infrastructure and the duration of
that investment; and
(4) in consultation with the heads of other relevant Federal
agencies, information on the relevant Federal agencies that
would oversee the permitting and construction of bunkering
facilities for liquefied natural gas, hydrogen, ammonia, or
other new marine fuels, as well as the Federal funding grants or
formula programs that could be used for such marine fuels.
SEC. 3529. STUDY OF CYBERSECURITY AND NATIONAL SECURITY THREATS
POSED BY FOREIGN MANUFACTURED CRANES AT
UNITED STATES PORTS.
(a) Study.--The Maritime Administrator, in consultation with the
Secretary of Homeland Security, the Secretary of Defense, and the
Director of the Cybersecurity and Infrastructure Security Agency, shall
conduct a study to assess whether there are cybersecurity or national
security threats posed by foreign manufactured cranes at United States
ports.
(b) Report.--
(1) In general.--Not later than one year after the date of
enactment of this Act, the Maritime Administrator shall submit
to the Committee on Commerce, Science, and Transportation of the
Senate, the Committee on Armed Services of the Senate, the
Committee on Homeland Security and Governmental Affairs of the
Senate, the Committee on Transportation and Infrastructure of
the House of Representatives, and the Committee on Armed
Services of the House of Representatives a report containing the
results of the study required under subsection (a).
(2) Form of report.--The report required under paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
Subtitle D--Maritime Workforce
SEC. 3531. IMPROVING PROTECTIONS FOR MIDSHIPMEN.
(a) Supporting the United States Merchant Marine Academy.--Chapter
513 of title 46, United States Code, is amended by adding at the end the
following:
``Sec. 51325. <<NOTE: 46 USC 51325.>> Sexual assault and sexual
harassment prevention information management
system
``(a) Information Management System.--
``(1) <<NOTE: Deadline.>> In general.--Not later than
January 1, 2023, the Maritime Administrator shall establish
within the United States Merchant Marine Academy Sexual Assault
prevention and Response Program, an information management
system to track and maintain, in such a manner that patterns can
be reasonably identified, information regarding claims and
incidents involving cadets that are reportable pursuant to
subsection (d) of section 51318 of this chapter.
[[Page 136 STAT. 3084]]
``(2) Information maintained in the system.--Information
maintained in the system established under paragraph (1) shall
include the following information, to the extent that
information is available:
``(A) The overall number of sexual assault or sexual
harassment incidents per fiscal year.
``(B) The location of each such incident, including
vessel name and the name of the company operating the
vessel, if applicable.
``(C) The standardized job title or position of the
individuals involved in each such incident.
``(D) The general nature of each such incident, to
include copies of any associated reports completed on
the incidents.
``(E) The type of inquiry made into each such
incident.
``(F) <<NOTE: Records.>> A record of whether each
such incident was substantiated by the relevant
investigative process.
``(3) <<NOTE: Data.>> Past information included.--The
information management system under this section shall include
the relevant data listed in this subsection related to sexual
assault and sexual harassment that the Maritime Administrator
possesses, and shall not be limited to data collected after
January 1, 2023.
``(4) Privacy protections.--The Maritime Administrator and
the Chief Information Officer of the Department of
Transportation shall coordinate to ensure that the information
management system under this section shall--
``(A) be established and maintained in a secure
fashion to ensure the protection of the privacy of any
individuals whose information is entered in such system;
and
``(B) <<NOTE: Data.>> be free of personally
identifiable information and maintain only the data
required to satisfy the statistical purpose of such
system.
``(5) <<NOTE: Reports.>> Cybersecurity audit.--Ninety days
after the implementation of the information management system,
the Office of Inspector General of the Department of
Transportation shall commence an audit of the cybersecurity of
the system and shall submit a report containing the results of
that audit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives.
``(6) <<NOTE: Reports. Process.>> Correcting records.--In
establishing the information management system, the Maritime
Administrator shall create a process to ensure that if any
incident report results in a final agency action or final
judgement that acquits an individual of wrongdoing, all
personally identifiable information about the acquitted
individual is removed from that incident report in the system.
``(b) Sea Year Program.--The Maritime Administrator shall provide
for the establishment of in-person and virtual confidential exit
interviews, to be conducted by personnel who are not involved in the
assignment of the midshipmen to a Sea Year vessel, for midshipmen from
the Academy upon completion of Sea Year and following completion by the
midshipmen of the survey under section 51322(d).
``(c) Data-informed Decisionmaking.--The data maintained in the data
management system under subsection (a) and through
[[Page 136 STAT. 3085]]
the exit interviews under subsection (b) shall be affirmatively
referenced and used to inform the creation of new policy or regulation,
or changes to any existing policy or regulation, in the areas of sexual
harassment, dating violence, domestic violence, sexual assault, and
stalking.
``Sec. 51326. <<NOTE: Establishment. 46 USC 51326.>> Student
advisory board at the United States Merchant
Marine Academy
``(a) In General.--The Maritime Administrator shall establish at the
United States Merchant Marine Academy an advisory board to be known as
the Advisory Board to the Secretary of Transportation (referred to in
this section as the `Advisory Board').
``(b) Membership.--The Advisory Board shall be composed of not fewer
than 12 midshipmen of the Merchant Marine Academy who are enrolled at
the Merchant Marine Academy at the time of the appointment, including
not fewer than 3 cadets from each class.
``(c) <<NOTE: Deadline.>> Appointment; Term.--Midshipmen shall
serve on the Advisory Board pursuant to appointment by the Maritime
Administrator. Appointments shall be made not later than 60 days after
the date of the swearing in of a new class of midshipmen at the Academy.
The term of membership of a midshipmen on the Advisory Board shall be 1
academic year.
``(d) <<NOTE: Determination.>> Reappointment.--The Maritime
Administrator may reappoint not more than 6 cadets from the previous
term to serve on the Advisory Board for an additional academic year if
the Maritime Administrator determines such reappointment to be in the
best interests of the Merchant Marine Academy.
``(e) Meetings.--The Advisory Board shall meet with the Secretary of
Transportation not less than once each academic year to discuss the
activities of the Advisory Board. The Advisory Board shall meet in
person with the Maritime Administrator not less than 2 times each
academic year to discuss the activities of the Advisory Board.
``(f) Duties.--The Advisory Board shall--
``(1) identify health and wellbeing, diversity, and sexual
assault and harassment challenges and other topics considered
important by the Advisory Board facing midshipmen at the
Merchant Marine Academy, off campus, and while aboard ships
during Sea Year or other training opportunities;
``(2) discuss and propose possible solutions, including
improvements to culture and leadership development at the
Merchant Marine Academy; and
``(3) periodically review the efficacy of the program in
section 51325(b), as appropriate, and provide recommendations to
the Maritime Administrator for improvement.
``(g) Working Groups.--The Advisory Board may establish one or more
working groups to assist the Advisory Board in carrying out its duties,
including working groups composed in part of midshipmen at the Merchant
Marine Academy who are not current members of the Advisory Board.
``(h) Reports and Briefings.--The Advisory Board shall regularly
provide the Secretary of Transportation and the Maritime Administrator
reports and briefings on the results of its duties, including
recommendations for actions to be taken in light of such results. Such
reports and briefings may be provided in writing, in person, or both.
[[Page 136 STAT. 3086]]
``Sec. 51327. <<NOTE: 46 USC 51327.>> Sexual Assault Advisory
Council
``(a) Establishment.--The Secretary of Transportation shall
establish a Sexual Assault Advisory Council (in this section referred to
as the `Council').
``(b) Membership.--
``(1) In general.--The Council shall be composed of not
fewer than 8 and not more than 14 individuals selected by the
Secretary of Transportation who are alumni that have graduated
within the last 4 years or current midshipmen of the United
States Merchant Marine Academy (including midshipmen or alumni
who were victims of sexual assault, to the maximum extent
practicable, and midshipmen or alumni who were not victims of
sexual assault) and governmental and nongovernmental experts and
professionals in the sexual assault field.
``(2) Experts included.--The Council shall include--
``(A) not less than 1 member who is licensed in the
field of mental health and has prior experience working
as a counselor or therapist providing mental health care
to survivors of sexual assault in a victim services
agency or organization; and
``(B) not less than 1 member who has prior
experience developing or implementing sexual assault or
sexual harassment prevention and response policies in an
academic setting.
``(3) Rules regarding membership.--No employee of the
Department of Transportation shall be a member of the Council.
The number of governmental experts appointed to the Council
shall not exceed the number of nongovernmental experts.
``(c) Duties; Authorized Activities.--
``(1) In general.--The Council shall meet not less often
than semiannually to--
``(A) review--
``(i) the policies on sexual harassment,
dating violence, domestic violence, sexual
assault, and stalking under section 51318 of this
title;
``(ii) the trends and patterns of data
contained in the system described under section
51325 of this title; and
``(iii) related matters the Council views as
appropriate; and
``(B) develop recommendations designed to ensure
that such policies and such matters conform, to the
extent practicable, to best practices in the field of
sexual assault and sexual harassment response and
prevention.
``(2) Authorized activities.--To carry out this subsection,
the Council may--
``(A) interview current and former midshipmen of the
United States Merchant Marine Academy (to the extent
that such midshipmen provide the Department of
Transportation express consent to be interviewed by the
Council); and
``(B) review surveys under section 51322(d).
``(3) <<NOTE: Compliance.>> Personally identifiable
information.--In carrying out this subsection, the Council shall
comply with the obligations of the Department of Transportation
to protect personally identifiable information.
[[Page 136 STAT. 3087]]
``(d) Reports.--On an annual basis for each of the 5 years after the
date of enactment of this section, and at the discretion of the Council
thereafter, the Council shall submit, to the President and the Committee
on Commerce, Science, and Transportation and the Committee on
Appropriations of the Senate and the Committee on Transportation and
Infrastructure and the Committee on Appropriations of the House of
Representatives, a report on the Council's findings based on the reviews
conducted pursuant to subsection (c) and related recommendations.
``(e) Employee Status.--Members of the Council shall not be
considered employees of the United States Government for any purpose and
shall not receive compensation other than reimbursement of travel
expenses and per diem allowance in accordance with section 5703 of title
5.
``(f) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Council.
``Sec. 51328. <<NOTE: 46 USC 51328.>> Student support
``The <<NOTE: Requirements.>> Maritime Administrator shall--
``(1) require a biannual survey of midshipmen, faculty, and
staff of the Academy assessing the environment of the Academy;
and
``(2) require an annual survey of faculty and staff of the
Academy assessing the Sea Year program.''.
(b) Report to Congress.--Not later than 30 days after the date of
enactment of this section, the Maritime Administrator shall provide
Congress with a briefing on the resources necessary to properly
implement section 51328 of title 46, United States Code, as added by
this section.
(c) Conforming Amendments.--The chapter analysis for chapter 513 of
title 46, United States Code, <<NOTE: 46 USC prec. 51301.>> is amended
by adding at the end the following:
``51325. Sexual assault and sexual harassment prevention information
management system.
``51326. Student advisory board at the United States Merchant Marine
Academy.
``51327. Sexual Assault Advisory Council.
``51328. Student support.''.
(d) <<NOTE: 46 USC 51328 note.>> United States Merchant Marine
Academy Student Support Plan.--
(1) <<NOTE: Deadline.>> Student support plan.--Not later
than January 1, 2023, the Maritime Administrator shall issue a
Student Support Plan for the United States Merchant Marine
Academy, in consultation with relevant mental health
professionals in the Federal Government or experienced with the
maritime industry or related industries. Such plan shall--
(A) address the mental health resources available to
midshipmen, both on-campus and during Sea Year;
(B) establish a tracking system for suicidal
ideations and suicide attempts of midshipmen, which
excludes personally identifiable information;
(C) create an option for midshipmen to obtain
assistance from a professional care provider virtually;
and
(D) <<NOTE: Requirement.>> require an annual survey
of faculty and staff assessing the adequacy of mental
health resources for midshipmen of the Academy, both on
campus and during Sea Year.
[[Page 136 STAT. 3088]]
(2) Report to congress.--Not later than 30 days after the
date of enactment of this section, the Maritime Administrator
shall provide Congress with a report on the resources necessary
to properly implement this subsection.
(e) Special Victims Advisor.--Section 51319 of title 46, United
States Code, is amended--
(1) by redesignating subsection (c) as subsection (d);
(2) by inserting after subsection (b) the following:
``(c) Special Victims Advisor.--
``(1) <<NOTE: Designation.>> In general.--The Secretary
shall designate an attorney (to be known as the `Special Victims
Advisor') for the purpose of providing legal assistance to any
cadet of the Academy who is the victim of an alleged sex-related
offense regarding administrative and criminal proceedings
related to such offense, regardless of whether the report of
that offense is restricted or unrestricted.
``(2) Special victims advisory.--The Secretary shall ensure
that the attorney designated as the Special Victims Advisor has
knowledge of the Uniform Code of Military Justice, as well as
criminal and civil law.
``(3) Privileged communications.--Any communications between
a victim of an alleged sex-related offense and the Special
Victim Advisor, when acting in their capacity as such, shall
have the same protection that applicable law provides for
confidential attorney-client communications.''; and
(3) by adding at the end the following:
``(e) Unfilled Vacancies.--The Administrator of the Maritime
Administration may appoint qualified candidates to positions under
subsections (a) and (d) of this section without regard to sections 3309
through 3319 of title 5.''.
(f) Catch a Serial Offender Assessment.--
(1) <<NOTE: Deadline.>> Assessment.--Not later than one
year after the date of enactment of this section, the Commandant
of the Coast Guard, in coordination with the Maritime
Administrator, shall conduct an assessment of the feasibility
and process necessary, and appropriate responsible entities to
establish a program for the United States Merchant Marine
Academy and United States Merchant Marine modeled on the Catch a
Serial Offender program of the Department of Defense using the
information management system required under subsection (a) of
section 51325 of title 46, United States Code, and the exit
interviews under subsection (b) of such section.
(2) <<NOTE: Determination.>> Legislative change
proposals.--If, as a result of the assessment required by
paragraph (1), the Commandant or the Administrator determines
that additional authority is necessary to implement the program
described in paragraph (1), the Commandant or the Administrator,
as applicable, shall provide appropriate legislative change
proposals to Congress.
(g) Shipboard Training.--Section 51322(a) of title 46, United States
Code, is amended by adding at the end the following:
``(3) Training.--
``(A) In general.--As part of training that shall be
provided not less than semiannually to all midshipmen of
the Academy, pursuant to section 51318, the Maritime
Administrator shall develop and implement comprehensive
in-person sexual assault risk-reduction and response
training that, to the extent practicable, conforms to
best
[[Page 136 STAT. 3089]]
practices in the sexual assault prevention and response
field and includes appropriate scenario-based training.
``(B) Development and consultation with experts.--In
developing the sexual assault risk-reduction and
response training under subparagraph (A), the Maritime
Administrator shall consult with and incorporate, as
appropriate, the recommendations and views of experts in
the sexual assault field.''.
SEC. 3532. MARITIME TECHNICAL ADVANCEMENT ACT.
(a) In General.--Section 51706 of title 46, United States Code, is
amended--
(1) by striking subsection (a) and inserting the following:
``(a) Designation.--The Secretary of Transportation may designate as
a center of excellence for domestic maritime workforce training and
education an entity which is a covered training entity.'';
(2) by striking subsection (b) and inserting the following:
``(b) Grant Program.--
``(1) In general.--The Secretary may award a maritime career
training grant to a center of excellence designated under
subsection (a) for the purpose of developing, offering, or
improving career and technical education or training programs
related to the United States maritime industry for United States
workers.
``(2) Grant proposal.--To be eligible to receive a grant
under this subsection, a center of excellence designated under
subsection (a) shall submit to the Secretary a grant proposal
that includes a detailed description of--
``(A) the specific project proposed to be funded by
the grant, including a description of the manner in
which the grant will be used to develop, offer, or
improve a career and technical education or training
program that is suited to United States maritime
industry workers;
``(B) the extent to which the project for which the
grant proposal is submitted will meet the educational or
career training needs of United States maritime industry
workers;
``(C) any previous experience of the center of
excellence in providing United States maritime industry
career and technical education or training programs;
``(D) how the project proposed to be funded by the
grant would address shortcomings in existing educational
or career training opportunities available to United
States maritime industry workers; and
``(E) the extent to which employers, including small
and medium-sized firms, have demonstrated a commitment
to employing United States maritime industry workers who
would benefit from the project for which the grant
proposal is submitted.
``(3) <<NOTE: Evaluations.>> Criteria for award of
grants.--Subject to the appropriation of funds to carry out this
section, the Secretary shall award grants under this subsection
to centers of excellence based on--
``(A) <<NOTE: Determination.>> an determination of
the merits of a grant proposal submitted under paragraph
(2) to develop, offer, or improve career and technical
education or training programs to
[[Page 136 STAT. 3090]]
be made available to United States maritime industry
workers;
``(B) an evaluation of the likely employment
opportunities available to United States maritime
industry workers who complete a maritime career and
technical education or training program that a center
proposes to develop, offer, or improve; and
``(C) an evaluation of prior demand for training
programs by workers served by centers of excellence
designated under subsection (a), as well as the
availability and capacity of existing maritime training
programs to meet future demand for training programs.
``(4) Competitive awards.--
``(A) In general.--The Secretary shall award grants
under this subsection to centers of excellence
designated under subsection (a) on a competitive basis.
``(B) <<NOTE: Deadline.>> Timing of grant notice.--
The Secretary shall post a Notice of Funding Opportunity
regarding grants awarded under this subsection not more
than 90 days after the date of the enactment of the
appropriations Act for the fiscal year concerned.
``(C) <<NOTE: Deadline.>> Timing of grants.--The
Secretary shall award grants under this subsection not
later than 270 days after the date of the enactment of
the appropriations Act for the fiscal year concerned.
``(D) Reuse of unexpended grant funds.--
Notwithstanding subparagraph (C), amounts awarded as a
grant under this subsection that are not expended by the
grantee shall remain available to the Secretary for use
for grants under this subsection.
``(E) Administrative costs.--Not more than 3 percent
of amounts made available to carry out this subsection
may be used for the necessary costs of grant
administration.
``(F) Prohibited use.--A center of excellence
designated under subsection (a) that has received funds
awarded under section 54101(a)(2) for training purposes
for a fiscal year shall not be eligible for grants under
this subsection during the same fiscal year.''; and
(3) <<NOTE: Definitions.>> in subsection (c)--
(A) by striking paragraph (1) and inserting the
following:
``(1) Covered training entity.--The term `covered training
entity' means an entity that--
``(A) is located in a State that borders on the--
``(i) Gulf of Mexico;
``(ii) Atlantic Ocean;
``(iii) Long Island Sound;
``(iv) Pacific Ocean;
``(v) Great Lakes; or
``(vi) Mississippi River System;
``(B) is--
``(i) a postsecondary educational institution
(as such term is defined in section 3(39) of the
Carl D. Perkins Career and Technical Education Act
of 2006 (20 U.S.C. 2302));
[[Page 136 STAT. 3091]]
``(ii) a postsecondary vocational institution
(as such term is defined in section 102(c) of the
Higher Education Act of 1965 (20 U.S.C. 1002(c));
``(iii) a public or private nonprofit entity
that offers one or more other structured
experiential learning training programs for United
States workers in the United States maritime
industry, including a program that is offered by a
labor organization or conducted in partnership
with a nonprofit organization or one or more
employers in the United States maritime industry;
``(iv) an entity sponsoring an apprenticeship
program registered with the Office of
Apprenticeship of the Employment and Training
Administration of the Department of Labor or a
State apprenticeship agency recognized by the
Office of Apprenticeship pursuant to the Act of
August 16, 1937 (commonly known as the `National
Apprenticeship Act'; 50 Stat. 664, chapter 663; 29
U.S.C. 50 et seq.); or
``(v) a maritime training center designated
prior to the date of enactment of the National
Defense Authorization Act for Fiscal Year 2023;
and
``(C) has a demonstrated record of success in
maritime workforce training and education.''; and
(B) by adding at the end the following:
``(3) Career and technical education.--The term `career and
technical education' has the meaning given such term in section
3(5) of the Carl D. Perkins Career and Technical Education Act
(20 U.S.C. 2302).
``(4) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(5) Training program.--The term `training program' means a
program that provides training services, as described in section
134(c)(3)(D) of the Workforce Innovation and Opportunity Act
(Public Law 113-128; 29 U.S.C. 3174).
``(6) United states maritime industry.--The term `United
States maritime industry' means the design, construction,
repair, operation, manning, and supply of vessels in all
segments of the maritime transportation system of the United
States, including--
``(A) the domestic and foreign trade;
``(B) the coastal, offshore, and inland trade;
``(C) non-commercial maritime activities,
including--
``(i) recreational boating; and
``(ii) oceanographic and limnological research
as described in section 2101(24).''.
(b) <<NOTE: Web posting.>> Publicly Available Report.--Not later
than December 15 in each of calendar years 2022 through 2024, the
Secretary of Transportation shall make publicly available on an
appropriate website a report, and provide to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
briefing, on the implementation of the amendments under this section.
Such report and briefing shall include--
(1) a description of each grant awarded under subsection (b)
of section 51706 of title 46, United States Code, as amended
[[Page 136 STAT. 3092]]
by subsection (a), during the fiscal year preceding the fiscal
year during which the report is submitted; and
(2) <<NOTE: Assessment.>> an assessment of the effects of
each such grant under this subsection on workers who received
training provided pursuant to the grant during the fiscal year
preceding the fiscal year during which the report was submitted.
(c) <<NOTE: 46 USC 51706 note.>> Guidelines.--Not later than one
year after the date of enactment of this Act, the Secretary of
Transportation shall--
(1) prescribe guidelines for the submission of grant
proposals under section 51706(b) of title 46, United States
Code, as amended by subsection (a); and
(2) <<NOTE: Publication. Web posting.>> publish and
maintain such guidelines on the website of the Department of
Transportation.
(d) Assistance for Small Shipyards.--Section 54101(e) of title 46,
United States Code, is amended by striking paragraph (2) and inserting
the following:
``(2) Allocation of funds.--
``(A) In general.--The Administrator may not award
more than 25 percent of the funds made available to
carry out this section for any fiscal year to any small
shipyard in one geographic location that has more than
600 employees.
``(B) Ineligibility.--A maritime training center
that has received funds awarded under section 51706 of
title 46, United States Code, shall not be eligible for
grants under this subsection for training purposes in
the same fiscal year.''.
SEC. 3533. <<NOTE: Deadline.>> ENSURING DIVERSE MARINER
RECRUITMENT.
Not later than six months after the date of the enactment of this
Act, the Secretary of Transportation shall develop and deliver to
Congress a strategy to assist State maritime academies and the United
States Merchant Marine Academy in improving the representation in the
next generation of the mariner workforce of women and underrepresented
communities, including each of the following:
(1) Black and African American.
(2) Hispanic and Latino.
(3) Asian.
(4) American Indian, Alaska Native, and Native Hawaiian.
(5) Pacific Islander.
SEC. 3534. LOW EMISSIONS VESSELS TRAINING.
(a) Development of Strategy.--The Secretary of Transportation, in
consultation with the United States Merchant Marine Academy, State
maritime academies, civilian nautical schools, and the Secretary of the
department in which Coast Guard is operating, shall develop a strategy
to ensure there is an adequate supply of trained United States citizen
mariners sufficient to meet the operational requirements of low and zero
emission vessels. Implementation of the strategy shall aim to increase
the supply of trained United States citizen mariners sufficient to meet
the needs of the maritime industry and ensure continued investment in
training for mariners serving on conventional fuel vessels.
(b) <<NOTE: Determination.>> Report.--Not later than six months
after the date the Secretary of Transportation determines that there is
commercially viable technology for low and zero emission vessels, the
Secretary of Transportation shall--
[[Page 136 STAT. 3093]]
(1) submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report on
the strategy developed under subsection (a) and plans for its
implementation; and
(2) <<NOTE: Public information.>> make such report publicly
available.
Subtitle E--Other Matters
SEC. 3541. WAIVER OF NAVIGATION AND VESSEL INSPECTION LAWS.
Section 501 of title 46, United States Code, is amended--
(1) in subsection (b)--
(A) by striking paragraph (1) and inserting the
following:
``(1) <<NOTE: Determination. President.>> In general.--Upon
a determination by the President that a waiver of the navigation
or vessel-inspection laws is necessary in the interest of
national defense, the head of an agency responsible for the
administration of such laws, may waive compliance with such
laws--
``(A) following a determination in accordance with
the requirements of paragraph (3) by the Maritime
Administrator, acting in the Administrator's capacity as
Director, National Shipping Authority, of the non-
availability of qualified United States flag capacity to
meet national defense requirements;
``(B) <<NOTE: Deadline.>> not earlier than 48 hours
after a waiver request is published under paragraph
(6)(A); and
``(C) on a vessel specific basis to the extent, in
the manner, and on the terms the head of such agency, in
consultation with the Administrator, acting in such
capacity, prescribes.'';
(B) in paragraph (2)(B) by striking ``determinations
referred to in paragraph (1)'' and inserting
``determination referred to in paragraph (1)(A)'';
(C) in paragraph (3) by striking subparagraph (A)
and inserting the following:
``(A) for each determination referred to in
paragraph (1)(A)--
``(i) identify any actions that could be taken
to enable qualified United States flag capacity to
meet national defense requirements prior to the
issuance of a waiver; and
``(ii) not assess the non-availability of
qualified United States flag capacity to meet
national defense requirements retrospectively
after the date on which a waiver is requested;'';
and
(D) by adding at the end the following:
``(5) Prospective application.--No waiver shall be issued
for a vessel if, at the time of the waiver request under this
section, such vessel is laden with merchandise that, pursuant to
the requested waiver, could be unladen at points or places to
which the coastwise laws apply.
``(6) <<NOTE: Web posting.>> Publication requirements.--
``(A) Publication of waiver requests.--Upon
receiving a request for a waiver under this subsection,
[[Page 136 STAT. 3094]]
the head of an agency referred to in paragraph (1) shall
publish such request on the website of such agency.
``(B) <<NOTE: Deadline.>> Publication of waiver
denial.--Not later than 48 hours after denying a waiver
requested under this subsection, the head of an agency
referred to in paragraph (1) shall publish on the
website of such agency an explanation for denying such
waiver, including applicable findings to support the
denial.''; and
(2) in subsection (c)(1)--
(A) in the matter preceding subparagraph (A) by
inserting ``and the individual requesting such waiver
(if not the owner or operator of the vessel)'' before
``shall submit'';
(B) in subparagraph (C) by striking ``and'' at the
end;
(C) by redesignating subparagraphs (B), (C), and (D)
as subparagraphs (C), (D), and (G), respectively;
(D) by inserting after subparagraph (A) the
following:
``(B) the name of the owner and operator of the
vessel;''; and
(E) by inserting after subparagraph (D), as so
redesignated, the following:
``(E) a description of the cargo carried;
``(F) an explanation as to why the waiver was in the
interest of national defense; and''.
SEC. 3542. NATIONAL MARITIME STRATEGY.
(a) Study to Inform a National Maritime Strategy.--
(1) <<NOTE: Deadline. Contracts. Analysis.>> In general.--
Not later than 30 days after the date of the enactment of this
Act, the Secretary of Transportation and the Secretary of the
department in which the Coast Guard is operating shall seek to
enter into an agreement with a studies and analysis federally
funded research and development center under which such center
shall conduct a study to identify the key elements needed for a
national maritime strategy that is designed to--
(A) achieve the objectives described in section
50101 of title 46, United States Code; and
(B) ensure--
(i) a capable, commercially viable, militarily
useful fleet of a sufficient number of merchant
vessels documented under chapter 121 of title 46,
United States Code;
(ii) a robust United States mariner workforce,
as described in section 50101 of title 46, United
States Code;
(iii) strong United States domestic
shipbuilding infrastructure, and related
shipbuilding trades amongst skilled workers in the
United States; and
(iv) that the Navy Fleet Auxiliary Force, the
National Defense Reserve Fleet, the Military
Sealift Command, the Maritime Security Program
under chapter 531 of title 46, United States Code,
the Cable Security Program under chapter 532 of
title 46, United States Code, and the Tanker
Security Program under chapter 534 of title 46,
United States Code currently meet the economic and
national security needs of the United States and
would reliably continue to meet
[[Page 136 STAT. 3095]]
those needs under future economic or national
security emergencies.
(2) Deadline for completion.--An agreement entered into
pursuant to paragraph (1) shall specify that the federally
funded research and development center shall complete the study
by not later than one year after the date of the enactment of
this Act.
(3) Input.--An agreement entered into pursuant to paragraph
(1) shall specify that, in carrying out the study, the federally
funded research and development center shall solicit input
from--
(A) relevant Federal departments and agencies;
(B) nongovernmental organizations;
(C) United States companies;
(D) maritime labor organizations;
(E) commercial industries that depend on United
States mariners;
(F) domestic shipyards regarding shipbuilding and
repair capacity, and the associated skilled workforce,
such as the workforce required for transportation,
offshore wind, fishing, and aquaculture;
(G) providers of maritime workforce training; and
(H) any other relevant organizations.
(4) <<NOTE: Consultation. Evaluation.>> Requirements of
agreement.--An agreement entered into pursuant to paragraph (1)
shall specify that, in carrying out the study, the federally
funded research and development center shall consult with the
Secretary of Transportation, the Secretary of Defense, the
Secretary of the Department in which the Coast Guard is
operating, the Adminstrator of the National Oceanic and
Atmospheric Administration, and the heads of other relevant
Federal agencies, in the identification and evaluation of--
(A) incentives, including regulatory changes, needed
to continue to meet the shipbuilding and ship
maintenance needs of the United States for commercial
and national security purposes, including through a
review of--
(i) the loans and guarantees program carried
out under chapter 537 of title 46, United States
Code, and how the development of new offshore
commercial industries, such as wind energy, could
be supported through modification of such program
or other Federal programs, and thus also support
the United States sealift in the future;
(ii) the barriers to participation in the
loans and guarantees program carried out under
chapter 537 of title 46, United States Code, and
how the program may be improved to facilitate
additional shipbuilding activities in the United
States;
(iii) the needed resources, human and
financial, for such incentives; and
(iv) the current and anticipated number of
shipbuilding and ship maintenance contracts at
United States shipyards through 2032, to the
extent practicable;
(B) incentives, including regulatory changes, needed
to maintain a commercially viable United States-
documented fleet, including--
[[Page 136 STAT. 3096]]
(i) <<NOTE: Examination.>> an examination of
how the preferences under section 2631 of title
10, United States Code, and chapters 531, 532,
534, and 553 of title 46, United States Code,
should be used to further maintain and grow a
United States-documented fleet;
(ii) an identification of other incentives
that could be used that may not be authorized at
the time of the study;
(iii) <<NOTE: Estimate. Time period.>> an
estimate of the number and type of commercial
ships needed over the next 30 years; and
(iv) estimates of the needed human and
financial resources for such incentives;
(C) the availability of United States mariners, and
future needs, including--
(i) <<NOTE: Time period.>> the number of
mariners needed for the United States commercial
and national security needs over the next 30
years;
(ii) the policies and programs (at the time of
the study) to recruit, train, and retain United
States mariners to support the United States
maritime workforce needs during peace time and at
war;
(iii) how those programs could be improved to
grow the number of maritime workers trained each
year, including how potential collaboration
between the uniformed services, the United States
Merchant Marine Academy, State maritime academies,
maritime labor training centers, and the Centers
of Excellence for Domestic Maritime Workforce
Training under section 51706 of title 46, United
States Code, could be used most effectively; and
(iv) <<NOTE: Estimate. Time period.>>
estimates of the necessary resources, human and
financial, to implement such programs in each
relevant Federal agency over the next 30 years;
and
(D) the interaction among the elements described
under subparagraphs (A) through (C).
(5) <<NOTE: Web posting.>> Public availability.--The
Secretary of Transportation shall make publicly available on a
website of the Department of Transportation a study completed
pursuant to paragraph (1).
(b) National Maritime Strategy.--
(1) In general.--Chapter 501 of title 46, United States
Code, is amended by inserting after section 50113 the following
new section:
``Sec. 50114. <<NOTE: 46 USC 50114.>> National maritime strategy
``(a) In General.--The Secretary of Transportation, in consultation
with the Secretary of the department in which the Coast Guard is
operating and the Commander of United States Transportation Command,
shall submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate--
``(1) a national maritime strategy; and
``(2) not less often than once every five years after the
submission of such strategy, an update to the strategy.
``(b) Contents.--The strategy required under subsection (a) shall
include each of the following:
``(1) An identification of--
[[Page 136 STAT. 3097]]
``(A) international policies and Federal regulations
and policies that reduce the competitiveness of United
States-documented vessels with foreign vessels in
domestic and international transportation markets; and
``(B) the impact of reduced cargo flow due to
reductions in the number of members of the United States
Armed Forces stationed or deployed outside of the United
States.
``(2) <<NOTE: Recommenda- tions.>> Recommendations to--
``(A) make United States-documented vessels more
competitive in shipping routes between United States and
foreign ports;
``(B) increase the use of United States-documented
vessels to carry cargo imported to and exported from the
United States;
``(C) ensure compliance by Federal agencies with
chapter 553;
``(D) increase the use of short sea transportation
routes, including routes designated under section
55601(b), to enhance intermodal freight movements;
``(E) enhance United States shipbuilding capability;
``(F) invest in, and identify gaps in,
infrastructure needed to facilitate the movement of
goods at ports and throughout the transportation system,
including innovative physical and information
technologies;
``(G) enhance workforce training and recruitment for
the maritime workforce, including training on innovative
physical and information technologies;
``(H) increase the resilience of ports and the
marine transportation system;
``(I) increase the carriage of government-impelled
cargo on United States-documented vessels pursuant to
chapter 553 of title 46, section 2631 of title 10, or
otherwise; and
``(J) maximize the cost effectiveness of Federal
funding for carriage of non-defense government impelled
cargo for the purposes of maintaining a United States
flag fleet for national and economic security.
``(c) <<NOTE: Public information. Web posting.>> Update.--Upon the
release of a strategy or update under subsection (a), the Secretary of
Transportation shall make such strategy or update publicly available on
the website of the Department of Transportation.
``(d) <<NOTE: Deadline. Public information. Web posting.>>
Implementation Plan.--Not later than six months after the submission of
a strategy or update under subsection (a), the Secretary of
Transportation, in consultation with the Secretary of the department in
which the Coast Guard is operating and the Secretary of Defense, shall
make publicly available on an appropriate website an implementation plan
for such strategy or update.''.
(2) Conforming repeals; deadline.--
(A) Rescission of superceded strategy.--Effective on
the date on which the Secretary of Transportation
submits the national maritime strategy under section
50114(a)(1) of title 46, United States Code, as added by
paragraph (1)--
(i) the national maritime strategy prepared
pursuant to section 603 of the Howard Coble Coast
Guard and Maritime Transportation Act of 2014
(Public Law 113-281) is rescinded; and
[[Page 136 STAT. 3098]]
(ii) section 603 of the Howard Coble Coast
Guard and Maritime Transportation Act of 2014
(Public Law 113-281) is repealed.
(B) <<NOTE: 46 USC 50114 note.>> Deadline for
submission of strategy.--The Secretary shall submit the
national maritime strategy required under section
50114(a)(1) of title 46, United States Code, as added by
paragraph (1), not later than six months after the date
on which the Secretary receives the study under
subsection (a).
(3) Clerical amendment.--The analysis for chapter 501 of
title 46, United States Code, <<NOTE: 46 USC prec. 50101.>> is
amended by inserting after the item relating to section 50113
the following new item:
``50114. National maritime strategy.''.
SEC. 3543. MARITIME ENVIRONMENTAL AND TECHNICAL ASSISTANCE
PROGRAM.
(a) In General.--Section 50307 of title 46, United States Code, is
amended--
(1) by striking the subsection (a) enumerator and all that
follows through ``Transportation'' and inserting the following:
``(a) Emerging Marine Technologies and Practices.--
``(1) In general.--The Secretary of Transportation'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (A) through
(D) as clauses (i) through (iv), respectively and
adjusting the margins accordingly; and
(ii) in clause (iv), as redesignated by clause
(i), by striking ``propeller cavitation'' and
inserting ``incidental vessel-generated underwater
noise, such as noise from propeller cavitation or
hydrodynamic flow'';
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively and adjusting
the margins accordingly;
(3) in subsection (c), by redesignating paragraphs (1) and
(2) as subparagraphs (A) and (B), respectively and adjusting the
margins accordingly;
(4) by redesignating subsections (b) through (d) as
paragraphs (2) through (4), respectively and adjusting the
margins accordingly;
(5) by redesignating subsection (e) as subsection (b);
(6) by striking subsection (f);
(7) in subsection (a)--
(A) in paragraph (1), as designated under paragraph
(1) of this section--
(i) by inserting ``or support'' after ``engage
in'';
(ii) by striking ``the use of public'' and all
that follows through the end of the sentence and
inserting ``eligible entities.'';
(B) in paragraph (2), as redesignated under
paragraph (4) of this section--
(i) by striking ``this section'' and inserting
``this subsection'';
(ii) by striking ``or improve'' and inserting
``improve, or support efforts related to,'';
(C) in paragraph (3), as redesignated by paragraph
(4) of this section, by striking ``under subsection
(b)(2)
[[Page 136 STAT. 3099]]
may include'' and inserting ``with other Federal
agencies or with State, local, or Tribal governments, as
appropriate, under paragraph (2)(B) may include'';
(D) in paragraph (4), as redesignated by paragraph
(4) of this section--
(i) by striking ``academic, public, private,
and nongovernmental entities and facilities'' and
inserting ``eligible entities''; and
(ii) by striking ``subsection (a)'' and
inserting ``this subsection''; and
(E) by adding at the end the following:
``(5) Grants.--Subject to the availability of
appropriations, the Maritime Administrator, may establish and
carry out a competitive grant program to award grants to
eligible entities for projects in the United States consistent
with the goals of this subsection to study, evaluate, test,
demonstrate, or apply technologies and practices to improve
environmental performance.'';
(8) in subsection (b), as redesignated by paragraph (5) of
this section, by striking ``subsection (b)(1)'' and inserting
``this section''; and
(9) by adding at the end the following:
``(c) Vessels.--Activities carried out under a grant or cooperative
agreement made under this section may be conducted on public vessels
under the control of the Maritime Administration, upon approval of the
Maritime Administrator.
``(d) Eligible Entity Defined.--In this section, the term `eligible
entity' means--
``(1) a private entity, including a nonprofit organization;
``(2) a State, regional, or local government or entity,
including special districts;
``(3) an Indian Tribe (as defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304)) or a consortium of Indian Tribes;
``(4) an institution of higher education as defined under
section 102 of the Higher Education Act of 1965 (20 U.S.C.
1002); or
``(5) a partnership or collaboration of entities described
in paragraphs (1) through (4).
``(e) <<NOTE: Establishment.>> Center for Maritime Innovation.--
``(1) <<NOTE: Contracts.>> In general.--The Secretary of
Transportation shall, through a cooperative agreement, establish
a United States Center for Maritime Innovation (referred to in
this subsection as the `Center') to support the study, research,
development, assessment, and deployment of emerging marine
technologies and practices related to the maritime
transportation system.
``(2) Selection.--The Center shall be--
``(A) selected through a competitive process of
eligible entities, and if a private entity, a domestic
entity;
``(B) based in the United States with technical
expertise in emerging marine technologies and practices
related to the maritime transportation system; and
``(C) located in close proximity to eligible
entities with expertise in United States emerging marine
technologies and practices, including the use of
alternative fuels and the development of both vessel and
shoreside infrastructure.
[[Page 136 STAT. 3100]]
``(3) Coordination.--The Secretary of Transportation shall
coordinate with other agencies critical for science, research,
and regulation of emerging marine technologies for the maritime
sector, including the Department of Energy, the Environmental
Protection Agency, the National Science Foundation, and the
Coast Guard, when establishing the Center.
``(4) Functions.--The Center shall--
``(A) support eligible entities regarding the
development and use of clean energy and necessary
infrastructure to support the deployment of clean energy
on vessels of the United States;
``(B) monitor and assess, on an ongoing basis, the
current state of knowledge regarding emerging marine
technologies in the United States;
``(C) identify any significant gaps in emerging
marine technologies research specific to the United
States maritime industry, and seek to fill those gaps;
``(D) conduct research, development, testing, and
evaluation for equipment, technologies, and techniques
to address the components under subsection (a)(2);
``(E) provide--
``(i) guidance on best available technologies;
``(ii) technical analysis;
``(iii) assistance with understanding complex
regulatory requirements; and
``(iv) documentation of best practices in the
maritime industry, including training and
informational webinars on solutions for the
maritime industry; and
``(F) work with academic and private sector response
training centers and Domestic Maritime Workforce
Training and Education Centers of Excellence to develop
maritime strategies applicable to various segments of
the United States maritime industry, including the
inland, deep water, and coastal fleets.''.
(b) <<NOTE: 46 USC 50307 note.>> Deadline for Implementation.--The
Secretary of Transportation shall establish the United States Center for
Maritime Innovation under subsection (e) of section 50307 of title 46,
United States Code, as added by subsection (a), by not later than one
year after the date of the enactment of this Act.
SEC. 3544. DEFINITION OF QUALIFIED VESSEL.
Section 53501(5)(A)(iii) of title 46, United States Code, is amended
by striking ``United States foreign, Great Lakes, noncontiguous
domestic, or short sea transportation trade'' and inserting ``foreign or
domestic trade of the United States''.
SEC. 3545. ESTABLISHING A CAPITAL CONSTRUCTION FUND.
Section 53503(b) of title 46, United States Code, is amended by
striking ``United States foreign, Great Lakes, noncontiguous domestic,
or short sea transportation trade'' and inserting ``foreign or domestic
trade of the United States''.
SEC. 3546. <<NOTE: 46 USC 57100 note.>> RECAPITALIZATION OF
NATIONAL DEFENSE RESERVE FLEET.
(a) In General.--Subject to the availability of appropriations, the
Secretary of Transportation, in consultation with the Chief of Naval
Operations and the Commandant of the Coast Guard, shall--
[[Page 136 STAT. 3101]]
(1) complete the design of a roll-on, roll-off cargo vessel
for the National Defense Reserve Fleet to allow for the
construction of such vessel to begin in fiscal year 2024; and
(2) <<NOTE: Contracts.>> seek to enter into an agreement
with an appropriate vessel construction manager under which the
vessel construction manager shall enter into a contract for the
construction of not more than ten such vessels in accordance
with this section.
(b) Construction and Documentation Requirements.--A vessel
constructed pursuant to this section shall meet the requirements for,
and be issued a certificate of, documentation and a coastwise
endorsement under chapter 121 of title 46, United States Code.
(c) Design Standards and Construction Practices.--Subject to
subsection (b), a vessel constructed pursuant to this section shall be
constructed using commercial design standards and commercial
construction practices that are consistent with the best interests of
the Federal Government.
(d) <<NOTE: Coordination.>> Consultation With Other Federal
Entities.--The Secretary of Transportation shall consult and coordinate
with the Secretary of the Navy and may consult with the heads of other
appropriate Federal agencies regarding the vessel described in
subsection (a) and activities associated with such vessel.
(e) Limitation on Use of Funds for Used Vessels.--None of the funds
authorized to be appropriated by this Act or otherwise made available to
carry out this section may be used for the procurement of any used
vessel.
SEC. 3547. SENSE OF CONGRESS ON MERCHANT MARINE.
It is the sense of Congress that the United States Merchant Marine
is a critical part of the national infrastructure of the United States,
and the men and women of the United States Merchant Marine are essential
workers.
SEC. 3548. ANALYSIS OF EFFECTS OF CHEMICALS IN STORMWATER RUNOFF
ON PACIFIC SALMON AND STEELHEAD.
(a) <<NOTE: Deadline.>> In General.--Not later than 90 days after
the date of enactment of this Act, the Under Secretary of Commerce for
Oceans and Atmosphere, in coordination with the Secretary of
Transportation and the Administrator of the Environmental Protection
Agency, and in consultation with the Director of the United States Fish
and Wildlife Service, shall commence an analysis of--
(1) the science relating to tire-related chemicals in
stormwater runoff at ports and the effects of such chemicals on
Pacific salmon and steelhead; and
(2) the challenges of studying tire-related chemicals in
stormwater runoff at ports and the effects of such chemicals on
Pacific salmon and steelhead.
(b) <<NOTE: Public information.>> Report.--Not later than 18 months
after commencing the analysis required under subsection (a), the Under
Secretary of Commerce for Oceans and Atmosphere, in coordination with
the Secretary of Transportation and the Administrator of the
Environmental Protection Agency, shall submit to the appropriate
congressional committees, and make publicly available, a report that
includes--
(1) the findings of the analysis; and
(2) <<NOTE: Recommenda- tions.>> recommendations--
[[Page 136 STAT. 3102]]
(A) to improve the monitoring of stormwater and
research related to run-off for tire-related chemicals
and the effects of such chemicals on Pacific salmon and
steelhead at ports; and
(B) based on the best available science on relevant
management approaches at ports under their respective
jurisdictions.
(c) <<NOTE: Definition.>> Appropriate Congressional Committees.--In
this section, the term ``appropriate congressional committees'' means--
(1) the Committee on Commerce, Science, and Transportation
and the Committee on Environment and Public Works of the Senate;
and
(2) the Committee on Transportation and Infrastructure and
the Committee on Natural Resources of the House of
Representatives.
SEC. 3549. REPORT ON EFFECTIVE VESSEL QUIETING MEASURES.
(a) <<NOTE: Public information. Web posting.>> In General.--Not
later than one year after the date of the enactment of this Act, the
Administrator of the Maritime Administration, in consultation with the
Under Secretary of Commerce for Oceans and Atmosphere and the Secretary
of the Department in which the Coast Guard is operating, shall submit to
the appropriate congressional committees, and make publicly available on
an appropriate website of the Department of Transportation, a report
that includes each of the following:
(1) An identification of technology-based controls and best
management practices for reducing vessel-generated underwater
noise.
(2) For each technology-based control or best management
practice identified under paragraph (1), an evaluation of--
(A) the applicability of each control and practice
to various vessel types;
(B) the technical feasibility and economic
achievability of each control or practice; and
(C) the co-benefits and trade-offs of each control
or practice.
(3) Such other matters as the Administrator determines
appropriate.
(b) <<NOTE: Definition.>> Committees.--In this section, the term
``appropriate congressional committees'' means--
(1) the Committee on Commerce, Science, and Transportation
of the Senate; and
(2) the Committee on Natural Resources and the Committee on
Transportation and Infrastructure of the House of
Representatives.
DIVISION D--FUNDING TABLES
SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES.
(a) In General.--Whenever a funding table in this division specifies
a dollar amount authorized for a project, program, or activity, the
obligation and expenditure of the specified dollar amount for the
project, program, or activity is hereby authorized, subject to the
availability of appropriations.
(b) Merit-based Decisions.--
[[Page 136 STAT. 3103]]
(1) In general.--A decision to commit, obligate, or expend
funds with or to a specific entity on the basis of a dollar
amount authorized pursuant to subsection (a) shall--
(A) except as provided in paragraph (2), be based on
merit-based selection procedures in accordance with the
requirements of sections 2304(k) and 2374 of title 10,
United States Code, or on competitive procedures; and
(B) comply with other applicable provisions of law.
(2) Exception.--Paragraph (1)(A) does not apply to a
decision to commit, obligate, or expend funds on the basis of a
dollar amount authorized pursuant to subsection (a) if the
project, program, or activity involved--
(A) is listed in section 4201; and
(B) is identified as Community Project Funding
through the inclusion of the abbreviation ``CPF''
immediately before the name of the project, program, or
activity.
(c) Relationship to Transfer and Programming Authority.--An amount
specified in the funding tables in this division may be transferred or
reprogrammed under a transfer or reprogramming authority provided by
another provision of this Act or by other law. The transfer or
reprogramming of an amount specified in such funding tables shall not
count against a ceiling on such transfers or reprogrammings under
section 1001 of this Act or any other provision of law, unless such
transfer or reprogramming would move funds between appropriation
accounts.
(d) Applicability to Classified Annex.--This section applies to any
classified annex that accompanies this Act.
(e) Oral and Written Communications.--No oral or written
communication concerning any amount specified in the funding tables in
this division shall supersede the requirements of this section.
TITLE XLI--PROCUREMENT
SEC. 4101. PROCUREMENT.
------------------------------------------------------------------------
SEC. 4101. PROCUREMENT (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2023 Conference
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
002 MQ-1 UAV............. 350,000
Program increase--MQ- [350,000]
1 for Army National
Guard.
005 SMALL UNMANNED 10,598 20,598
AIRCRAFT SYSTEMS.
Short Range [10,000]
Reconnaissance
acceleration.
ROTARY
007 AH-64 APACHE BLOCK 524,661 524,661
IIIA REMAN.
008 AH-64 APACHE BLOCK 169,218 169,218
IIIA REMAN.
010 UH-60 BLACKHAWK M 650,406 707,806
MODEL (MYP).
Add 2 aircraft-- [57,400]
combat loss
replacement.
011 UH-60 BLACKHAWK M 68,147 68,147
MODEL (MYP).
012 UH-60 BLACK HAWK L 178,658 178,658
AND V MODELS.
013 CH-47 HELICOPTER..... 169,149 366,849
Three additional [197,700]
aircraft.
014 CH-47 HELICOPTER..... 18,749 18,749
MODIFICATION OF
AIRCRAFT
016 MQ-1 PAYLOAD......... 57,700 57,700
018 GRAY EAGLE MODS2..... 13,038 133,038
Program increase--MQ- [120,000]
1C Gray Eagle
extended range multi-
domain operations.
019 MULTI SENSOR ABN 21,380 21,380
RECON.
[[Page 136 STAT. 3104]]
020 AH-64 MODS........... 85,840 85,840
021 CH-47 CARGO 11,215 36,215
HELICOPTER MODS
(MYP).
Degraded visual [25,000]
environment system.
024 EMARSS SEMA MODS..... 1,591 1,591
026 UTILITY HELICOPTER 21,346 29,346
MODS.
Load stabilization [8,000]
systems.
027 NETWORK AND MISSION 44,526 44,526
PLAN.
028 COMMS, NAV 72,387 72,387
SURVEILLANCE.
030 AVIATION ASSURED PNT. 71,130 69,320
PM costs excess...... [-1,810]
031 GATM ROLLUP.......... 14,683 14,683
GROUND SUPPORT
AVIONICS
034 AIRCRAFT 167,927 167,927
SURVIVABILITY
EQUIPMENT.
035 SURVIVABILITY CM..... 6,622 6,622
036 CMWS................. 107,112 107,112
037 COMMON INFRARED 288,209 288,209
COUNTERMEASURES
(CIRCM).
OTHER SUPPORT
039 COMMON GROUND 20,823 20,823
EQUIPMENT.
040 AIRCREW INTEGRATED 25,773 25,773
SYSTEMS.
041 AIR TRAFFIC CONTROL.. 27,492 27,492
042 LAUNCHER, 2.75 ROCKET 1,275 1,275
043 UNDISTRIBUTED........ 90,141
Inflation effects.... [90,141]
TOTAL AIRCRAFT 2,849,655 3,706,086
PROCUREMENT, ARMY.
MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR
MISSILE SYSTEM
001 LOWER TIER AIR AND 4,260 4,260
MISSILE DEFENSE
(AMD) SEN.
002 LOWER TIER AIR AND 9,200 9,200
MISSILE DEFENSE
(AMD) SEN.
003 M-SHORAD--PROCUREMENT 135,747 410,809
Additional units-- [111,100]
Army UPL.
Hellfire pod [55,740]
replacement--Army
UPL.
Production line--Army [108,222]
UPL.
004 MSE MISSILE.......... 1,037,093 1,037,093
005 PRECISION STRIKE 213,172 213,172
MISSILE (PRSM).
006 INDIRECT FIRE 18,924 18,924
PROTECTION
CAPABILITY INC 2-I.
AIR-TO-SURFACE
MISSILE SYSTEM
007 HELLFIRE SYS SUMMARY. 111,294 111,294
008 JOINT AIR-TO-GROUND 216,030 252,030
MSLS (JAGM).
Defense Industrial [36,000]
Base (DIB) Expansion
for AGM-179 Joint
Air-to-Ground
Missiles (JAGM).
010 LONG-RANGE HYPERSONIC 249,285 249,285
WEAPON.
ANTI-TANK/ASSAULT
MISSILE SYS
011 JAVELIN (AAWS-M) 162,968 162,968
SYSTEM SUMMARY.
012 TOW 2 SYSTEM SUMMARY. 105,423 105,423
013 GUIDED MLRS ROCKET 785,028 785,028
(GMLRS).
014 MLRS REDUCED RANGE 4,354 4,354
PRACTICE ROCKETS
(RRPR).
015 HIGH MOBILITY 155,705 155,705
ARTILLERY ROCKET
SYSTEM (HIMARS.
016 LETHAL MINIATURE 37,937 112,937
AERIAL MISSILE
SYSTEM (LMAMS.
Procurement of [75,000]
Switchblade 600
variant.
MODIFICATIONS
017 PATRIOT MODS......... 253,689 1,193,689
2 Additional Fire [700,000]
Units and a
Dismounted Patriot
Information and
Coordination Central
(D-PICC).
Defense Industrial [240,000]
Base (DIB) Expansion
for PATRIOT Advanced
Capability - 3 (PAC-
3) Missile Segment.
020 ITAS/TOW MODS........ 5,154 5,154
021 MLRS MODS............ 218,359 218,359
022 HIMARS MODIFICATIONS. 20,468 20,468
SPARES AND REPAIR
PARTS
023 SPARES AND REPAIR 6,508 6,508
PARTS.
SUPPORT EQUIPMENT &
FACILITIES
024 AIR DEFENSE TARGETS.. 11,317 11,317
025 INDUSTRIAL 150,000
PREPAREDNESS.
Blk 1 refurb missiles [150,000]
026 UNDISTRIBUTED........ 117,940
Inflation effects.... [117,940]
[[Page 136 STAT. 3105]]
TOTAL MISSILE 3,761,915 5,355,917
PROCUREMENT, ARMY.
PROCUREMENT OF W&TCV,
ARMY
TRACKED COMBAT
VEHICLES
001 ARMORED MULTI PURPOSE 380,677 780,677
VEHICLE (AMPV).
Program increase..... [400,000]
002 ASSAULT BREACHER 3,852 3,852
VEHICLE (ABV).
003 MOBILE PROTECTED 356,708 356,708
FIREPOWER.
MODIFICATION OF
TRACKED COMBAT
VEHICLES
004 STRYKER UPGRADE...... 671,271 891,171
Program increase [219,900]
modifications--Army
UPL.
005 BRADLEY PROGRAM (MOD) 279,531 279,531
006 M109 FOV 3,028 3,028
MODIFICATIONS.
007 PALADIN INTEGRATED 493,003 688,003
MANAGEMENT (PIM).
Program increase..... [195,000]
008 IMPROVED RECOVERY 138,759 138,759
VEHICLE (M88A2
HERCULES).
012 JOINT ASSAULT BRIDGE. 36,990 36,990
014 ABRAMS UPGRADE 656,340 1,278,140
PROGRAM.
Program increase [97,200]
modifications--Army
UPL.
Program increase [524,600]
upgrades--Army UPL.
WEAPONS & OTHER
COMBAT VEHICLES
017 MULTI-ROLE ANTI-ARMOR 26,627 26,627
ANTI-PERSONNEL
WEAPON S.
018 MORTAR SYSTEMS....... 8,516 8,516
019 LOCATION & AZIMUTH 48,301 48,301
DETERMINATION SYSTEM
(LADS.
020 XM320 GRENADE 11,703 11,703
LAUNCHER MODULE
(GLM).
021 PRECISION SNIPER 6,436 6,436
RIFLE.
024 NEXT GENERATION SQUAD 221,293 202,881
WEAPON.
Automatic rifle [-3,387]
contract delays.
Rifle contract delays [-15,025]
MOD OF WEAPONS AND
OTHER COMBAT VEH
028 M777 MODS............ 3,374 3,374
033 M119 MODIFICATIONS... 2,263 2,263
SUPPORT EQUIPMENT &
FACILITIES
036 ITEMS LESS THAN $5.0M 2,138 2,138
(WOCV-WTCV).
037 PRODUCTION BASE 225,220 225,220
SUPPORT (WOCV-WTCV).
038 UNDISTRIBUTED........ 100,659
Inflation effects.... [100,659]
TOTAL PROCUREMENT OF 3,576,030 5,094,977
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL 59,447 64,724
TYPES.
Ahead of need........ [-4,723]
Program increase..... [10,000]
002 CTG, 7.62MM, ALL 90,019 96,364
TYPES.
Carryover............ [-3,655]
Program increase..... [10,000]
003 NEXT GENERATION SQUAD 128,662 96,496
WEAPON AMMUNITION.
Schedule delays...... [-32,166]
004 CTG, HANDGUN, ALL 317 317
TYPES.
005 CTG, .50 CAL, ALL 35,849 45,849
TYPES.
Program increase..... [10,000]
006 CTG, 20MM, ALL TYPES. 11,761 21,761
CRAM program increase [10,000]
007 CTG, 25MM, ALL TYPES. 10,270 10,270
008 CTG, 30MM, ALL TYPES. 143,045 143,045
009 CTG, 40MM, ALL TYPES. 85,213 85,213
MORTAR AMMUNITION
010 60MM MORTAR, ALL 33,338 33,338
TYPES.
011 81MM MORTAR, ALL 56,577 56,577
TYPES.
012 120MM MORTAR, ALL 127,168 127,168
TYPES.
TANK AMMUNITION
013 CARTRIDGES, TANK, 296,943 293,443
105MM AND 120MM, ALL
TYPES.
120mm MPT--Unit cost [-3,500]
growth.
ARTILLERY AMMUNITION
014 ARTILLERY CARTRIDGES, 7,647 7,647
75MM & 105MM, ALL
TYPES.
015 ARTILLERY PROJECTILE, 182,455 212,455
155MM, ALL TYPES.
[[Page 136 STAT. 3106]]
Defense Industrial [40,000]
Base (DIB) Expansion
for XM1128 and XM113
(IB only)--155mm
rounds.
Proj Arty 155mm HE [-10,000]
RAP M1210--Early to
need.
017 PRECISION ARTILLERY 166,334 166,334
MUNITIONS.
018 ARTILLERY 143,763 143,763
PROPELLANTS, FUZES
AND PRIMERS, ALL.
MINES
019 MINES & CLEARING 80,920 80,920
CHARGES, ALL TYPES.
020 CLOSE TERRAIN SHAPING 53,579 53,579
OBSTACLE.
ROCKETS
021 SHOULDER LAUNCHED 18,159 18,159
MUNITIONS, ALL TYPES.
022 ROCKET, HYDRA 70, ALL 171,697 171,697
TYPES.
OTHER AMMUNITION
023 CAD/PAD, ALL TYPES... 7,643 7,643
024 DEMOLITION MUNITIONS, 29,796 29,796
ALL TYPES.
025 GRENADES, ALL TYPES.. 36,251 36,251
026 SIGNALS, ALL TYPES... 13,852 13,852
027 SIMULATORS, ALL TYPES 9,350 9,350
MISCELLANEOUS
029 AMMO COMPONENTS, ALL 3,823 3,823
TYPES.
030 ITEMS LESS THAN $5 19,921 19,921
MILLION (AMMO).
031 AMMUNITION PECULIAR 13,001 13,001
EQUIPMENT.
032 FIRST DESTINATION 17,528 17,528
TRANSPORTATION
(AMMO).
033 CLOSEOUT LIABILITIES. 101 101
PRODUCTION BASE
SUPPORT
034 INDUSTRIAL FACILITIES 499,613 678,063
Construction of [10,000]
Automated
Contaminated Waste
Plant, Lake City AAP.
Construction of [3,000]
Electrical System
Upgrade Phase I,
Scranton AAP.
Construction of Erie [700]
1--Unload
Manipulator,
Scranton AAP.
Construction of Forge [500]
Shop--Process Smog
Removal System,
Scranton AAP.
Construction of Forge [1,250]
Shop--Replace Pipes
(Subway Area),
Scranton AAP.
Construction of [1,600]
Industrial Sewer
Modernization, Iowa
AAP.
Construction of [4,300]
Infrastructure
Repairs Phase I,
Scranton AAP.
Construction of [3,030]
Infrastructure
Repairs Phase II,
Scranton AAP.
Construction of [2,400]
Medium Cal X-Ray
Equipment &
Infrastructure, Iowa
AAP.
Construction of [8,530]
Replace Internal
Water/Condensate
Lines, Bldgs 1, 2, &
3, Lake City AAP.
Construction of Small [8,000]
Caliber Automated
Primer Design, Lake
City AAP.
Construction of [3,300]
Storage Yard K Mod &
Automation, Iowa AAP.
Construction of Ultra [3,740]
Violet Fire
Detection System,
Iowa AAP.
Construction of [5,600]
Upgrade Laundry
Facility, Holston
AAP.
Construction of Water [25,000]
Distribution System,
Radford AAP.
Construction of Water [2,500]
In-take Pumps (B.
407), Radford AAP.
Urgent Safety [95,000]
Upgrades to LCAAP.
035 CONVENTIONAL 80,970 80,970
MUNITIONS
DEMILITARIZATION.
036 ARMS INITIATIVE...... 4,039 4,039
037 UNDISTRIBUTED........ 78,556
Inflation effects.... [78,556]
TOTAL PROCUREMENT OF 2,639,051 2,922,013
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
002 SEMITRAILERS, 23,021 23,021
FLATBED:.
003 SEMITRAILERS, TANKERS 21,869 19,369
Carryover............ [-2,500]
004 HI MOB MULTI-PURP 6,121 6,121
WHLD VEH (HMMWV).
005 GROUND MOBILITY 34,316 47,116
VEHICLES (GMV).
Program increase-- [12,800]
Infantry Squad
Vehicle.
007 JOINT LIGHT TACTICAL 703,110 686,396
VEHICLE FAMILY OF
VEHICL.
Unit cost increases.. [-16,714]
008 TRUCK, DUMP, 20T 30,000
(CCE).
Program increase..... [30,000]
[[Page 136 STAT. 3107]]
009 FAMILY OF MEDIUM 74,086 157,746
TACTICAL VEH (FMTV).
Program increase..... [83,660]
010 FAMILY OF COLD 23,772 23,772
WEATHER ALL-TERRAIN
VEHICLE (C.
011 FIRETRUCKS & 39,950 39,950
ASSOCIATED
FIREFIGHTING EQUIP.
012 FAMILY OF HEAVY 96,112 206,112
TACTICAL VEHICLES
(FHTV).
Program increase..... [110,000]
013 PLS ESP.............. 54,674 54,674
016 MODIFICATION OF IN 31,819 214,819
SVC EQUIP.
HMMWV safety upgrades [183,000]
NON-TACTICAL VEHICLES
017 PASSENGER CARRYING 1,286 1,286
VEHICLES.
018 NONTACTICAL VEHICLES, 15,059 15,059
OTHER.
COMM--JOINT
COMMUNICATIONS
019 SIGNAL MODERNIZATION 179,853 169,853
PROGRAM.
Equipment Cost Growth [-5,000]
Software Cost Growth. [-5,000]
020 TACTICAL NETWORK 382,007 417,007
TECHNOLOGY MOD IN
SVC.
Program acceleration [35,000]
(mobile networking
for three maneuver
battalions).
022 DISASTER INCIDENT 4,066 4,066
RESPONSE COMMS
TERMINAL (DI.
023 JCSE EQUIPMENT 5,505 5,505
(USRDECOM).
COMM--SATELLITE
COMMUNICATIONS
026 DEFENSE ENTERPRISE 107,228 107,228
WIDEBAND SATCOM
SYSTEMS.
027 TRANSPORTABLE 119,259 114,250
TACTICAL COMMAND
COMMUNICATIONS.
Carryover............ [-5,009]
028 SHF TERM............. 23,173 23,173
029 ASSURED POSITIONING, 184,911 184,911
NAVIGATION AND
TIMING.
030 EHF SATELLITE 5,853 5,853
COMMUNICATION.
031 SMART-T (SPACE)...... 4,916 4,916
032 GLOBAL BRDCST SVC-- 3,179 3,179
GBS.
COMM--C3 SYSTEM
034 COE TACTICAL SERVER 94,287 90,387
INFRASTRUCTURE (TSI).
Unjustified cost [-3,900]
growth.
COMM--COMBAT
COMMUNICATIONS
035 HANDHELD MANPACK 728,366 720,592
SMALL FORM FIT (HMS).
Early to need--single- [-5,774]
channel data radio.
Excess to need-- [-2,000]
handheld radio
systems engineering.
037 ARMY LINK 16 SYSTEMS. 47,581 47,581
039 UNIFIED COMMAND SUITE 20,178 20,178
040 COTS COMMUNICATIONS 320,595 313,654
EQUIPMENT.
LCTRR costs [-6,941]
previously funded.
041 FAMILY OF MED COMM 7,621 7,621
FOR COMBAT CASUALTY
CARE.
042 ARMY COMMUNICATIONS & 59,705 59,705
ELECTRONICS.
COMM--INTELLIGENCE
COMM
043 CI AUTOMATION 13,891 13,891
ARCHITECTURE-INTEL.
045 MULTI-DOMAIN 20,637 20,637
INTELLIGENCE.
INFORMATION SECURITY
046 INFORMATION SYSTEM 1,019 1,019
SECURITY PROGRAM-
ISSP.
047 COMMUNICATIONS 125,692 125,692
SECURITY (COMSEC).
049 INSIDER THREAT 1,796 1,796
PROGRAM--UNIT
ACTIVITY MONITO.
051 BIOMETRIC ENABLING 816 816
CAPABILITY (BEC).
052 ARCYBER DEFENSIVE 18,239 18,239
CYBER OPERATIONS.
COMM--LONG HAUL
COMMUNICATIONS
054 BASE SUPPORT 10,262 25,262
COMMUNICATIONS.
CONUS land mobile [15,000]
radio.
COMM--BASE
COMMUNICATIONS
055 INFORMATION SYSTEMS.. 116,522 93,999
Ahead of need........ [-22,523]
056 EMERGENCY MANAGEMENT 5,036 5,036
MODERNIZATION
PROGRAM.
059 INSTALLATION INFO 214,806 214,806
INFRASTRUCTURE MOD
PROGRAM.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
062 TITAN................ 84,821 0
Army requested [-19,680]
realignment to OPA
line 66.
Army Requested [-50,900]
Realignment to RDTE.
Funding ahead of need [-14,241]
063 JTT/CIBS-M........... 2,352 2,352
[[Page 136 STAT. 3108]]
064 TERRESTRIAL LAYER 88,915 8,373
SYSTEMS (TLS).
Production contract [-42,542]
ahead of need.
Realignment of funds. [-38,000]
066 DCGS-A-INTEL......... 76,771 96,451
Army requested [19,680]
realignment from OPA
line 62.
067 JOINT TACTICAL GROUND 349 349
STATION (JTAGS)-
INTEL.
068 TROJAN............... 20,562 20,562
069 MOD OF IN-SVC EQUIP 30,424 49,724
(INTEL SPT).
INDOPACOM UFR--SIGINT [9,300]
upgrades.
Prophet Enhanced ESP [10,000]
Kits.
070 BIOMETRIC TACTICAL 2,269 2,269
COLLECTION DEVICES.
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
073 AIR VIGILANCE (AV)... 5,688 5,688
074 MULTI-FUNCTION 3,060 3,060
ELECTRONIC WARFARE
(MFEW) SYST.
076 COUNTERINTELLIGENCE/ 19,519 15,019
SECURITY
COUNTERMEASURES.
Carryover............ [-4,500]
077 CI MODERNIZATION..... 437 437
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
078 SENTINEL MODS........ 166,736 166,736
079 NIGHT VISION DEVICES. 424,253 425,253
ENVGB program [100,000]
extension.
IVAS--Army requested [-99,000]
realignment to RDTE.
080 SMALL TACTICAL 11,357 11,357
OPTICAL RIFLE
MOUNTED MLRF.
082 FAMILY OF WEAPON 202,258 195,818
SIGHTS (FWS).
Program decrease..... [-6,440]
083 ENHANCED PORTABLE 5,116 5,116
INDUCTIVE ARTILLERY
FUZE SE.
084 FORWARD LOOKING 37,914 37,914
INFRARED (IFLIR).
085 COUNTER SMALL 326,364 326,364
UNMANNED AERIAL
SYSTEM (C-SUAS).
086 JOINT BATTLE COMMAND-- 186,515 186,515
PLATFORM (JBC-P).
087 JOINT EFFECTS 10,304 5,152
TARGETING SYSTEM
(JETS).
Program reduction.... [-5,152]
088 COMPUTER BALLISTICS: 3,038 3,038
LHMBC XM32.
089 MORTAR FIRE CONTROL 4,879 4,879
SYSTEM.
090 MORTAR FIRE CONTROL 4,370 4,370
SYSTEMS
MODIFICATIONS.
091 COUNTERFIRE RADARS... 162,208 162,208
ELECT EQUIP--TACTICAL
C2 SYSTEMS
092 ARMY COMMAND POST 60,455 60,455
INTEGRATED
INFRASTRUCTURE (.
093 FIRE SUPPORT C2 9,676 9,676
FAMILY.
094 AIR & MSL DEFENSE 72,619 72,619
PLANNING & CONTROL
SYS.
095 IAMD BATTLE COMMAND 438,967 438,967
SYSTEM.
096 LIFE CYCLE SOFTWARE 4,586 4,586
SUPPORT (LCSS).
097 NETWORK MANAGEMENT 37,199 37,199
INITIALIZATION AND
SERVICE.
098 GLOBAL COMBAT SUPPORT 4,102 4,102
SYSTEM-ARMY (GCSS-A).
099 INTEGRATED PERSONNEL 6,926 6,926
AND PAY SYSTEM-ARMY
(IPP.
101 MOD OF IN-SVC 4,076 15,076
EQUIPMENT (ENFIRE).
GPS laser leveling [11,000]
system.
ELECT EQUIP--
AUTOMATION
102 ARMY TRAINING 8,033 8,033
MODERNIZATION.
103 AUTOMATED DATA 96,554 96,554
PROCESSING EQUIP.
104 ACCESSIONS 43,767 19,500
INFORMATION
ENVIRONMENT (AIE).
Insufficient [-24,267]
justification.
105 GENERAL FUND 97 97
ENTERPRISE BUSINESS
SYSTEMS FAM.
106 HIGH PERF COMPUTING 73,655 73,655
MOD PGM (HPCMP).
107 CONTRACT WRITING 17,701 4,075
SYSTEM.
Licenses ahead of [-13,626]
need.
108 CSS COMMUNICATIONS... 88,141 88,141
ELECT EQUIP--SUPPORT
111 BCT EMERGING 12,853 12,853
TECHNOLOGIES.
CLASSIFIED PROGRAMS
099 CLASSIFIED PROGRAMS.. 1,596 1,596
CHEMICAL DEFENSIVE
EQUIPMENT
113 BASE DEFENSE SYSTEMS 47,960 47,960
(BDS).
114 CBRN DEFENSE......... 56,129 56,129
BRIDGING EQUIPMENT
116 TACTICAL BRIDGING.... 13,785 13,785
118 BRIDGE SUPPLEMENTAL 6,774 1,045
SET.
Carryover............ [-5,729]
[[Page 136 STAT. 3109]]
119 COMMON BRIDGE 10,379 10,379
TRANSPORTER (CBT)
RECAP.
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
124 ROBOTICS AND APPLIQUE 52,340 52,340
SYSTEMS.
COMBAT SERVICE
SUPPORT EQUIPMENT
127 HEATERS AND ECU'S.... 7,672 7,672
129 PERSONNEL RECOVERY 4,691 4,691
SUPPORT SYSTEM
(PRSS).
130 GROUND SOLDIER SYSTEM 124,953 124,953
131 MOBILE SOLDIER POWER. 15,933 15,933
132 FORCE PROVIDER....... 12,000
Program increase..... [12,000]
134 CARGO AERIAL DEL & 42,444 42,444
PERSONNEL PARACHUTE
SYSTEM.
136 ITEMS LESS THAN $5M 4,155 4,155
(ENG SPT).
PETROLEUM EQUIPMENT
137 QUALITY SURVEILLANCE 2,845 2,845
EQUIPMENT.
138 DISTRIBUTION SYSTEMS, 26,433 26,433
PETROLEUM & WATER.
MEDICAL EQUIPMENT
139 COMBAT SUPPORT 75,606 75,606
MEDICAL.
MAINTENANCE EQUIPMENT
140 MOBILE MAINTENANCE 3,936 3,936
EQUIPMENT SYSTEMS.
CONSTRUCTION
EQUIPMENT
147 ALL TERRAIN CRANES... 31,341 31,341
148 HIGH MOBILITY 10,000
ENGINEER EXCAVATOR
(HMEE).
Program increase..... [10,000]
149 FAMILY OF DIVER 3,256 3,256
SUPPORT EQUIPMENT.
150 CONST EQUIP ESP...... 9,104 9,104
RAIL FLOAT
CONTAINERIZATION
EQUIPMENT
151 ARMY WATERCRAFT ESP.. 47,889 47,889
152 MANEUVER SUPPORT 104,676 104,676
VESSEL (MSV).
153 ITEMS LESS THAN $5.0M 10,131 10,131
(FLOAT/RAIL).
GENERATORS
154 GENERATORS AND 54,400 54,400
ASSOCIATED EQUIP.
155 TACTICAL ELECTRIC 8,293 8,293
POWER
RECAPITALIZATION.
MATERIAL HANDLING
EQUIPMENT
156 FAMILY OF FORKLIFTS.. 8,819 8,819
TRAINING EQUIPMENT
157 COMBAT TRAINING 48,046 48,046
CENTERS SUPPORT.
158 TRAINING DEVICES, 201,966 199,669
NONSYSTEM.
Program decrease..... [-2,297]
159 SYNTHETIC TRAINING 255,670 219,670
ENVIRONMENT (STE).
SiVT--Army requested [-36,000]
realignment to RDTE.
160 GAMING TECHNOLOGY IN 9,546 9,546
SUPPORT OF ARMY
TRAINING.
TEST MEASURE AND DIG
EQUIPMENT (TMD)
162 INTEGRATED FAMILY OF 36,514 36,514
TEST EQUIPMENT
(IFTE).
164 TEST EQUIPMENT 32,734 32,734
MODERNIZATION
(TEMOD).
OTHER SUPPORT
EQUIPMENT
166 PHYSICAL SECURITY 102,556 116,706
SYSTEMS (OPA3).
AFRICOM UFR--force [14,150]
protection.
167 BASE LEVEL COMMON 31,417 31,417
EQUIPMENT.
168 MODIFICATION OF IN- 24,047 24,047
SVC EQUIPMENT (OPA-
3).
169 BUILDING, PRE-FAB, 32,151 32,151
RELOCATABLE.
170 SPECIAL EQUIPMENT FOR 84,779 84,779
TEST AND EVALUATION.
OPA2
172 INITIAL SPARES--C&E.. 10,463 10,463
173 UNDISTRIBUTED........ 291,568
Inflation effects.... [291,568]
TOTAL OTHER 8,457,509 8,966,932
PROCUREMENT, ARMY.
AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
001 F/A-18E/F (FIGHTER) 90,865 756,865
HORNET.
8 aircraft--USNR..... [666,000]
002 JOINT STRIKE FIGHTER 1,663,515 2,017,715
CV.
Three additional [313,600]
Joint Strike Fighter
aircraft.
TR-3 Organic Depot [40,600]
Standup.
003 JOINT STRIKE FIGHTER 387,596 224,496
CV.
Economic order [-163,100]
quantity unjustified
request.
004 JSF STOVL............ 1,909,635 1,950,235
[[Page 136 STAT. 3110]]
TR-3 Organic Depot [40,600]
Standup.
005 JSF STOVL............ 200,118 200,118
006 CH-53K (HEAVY LIFT).. 1,669,986 1,898,196
Engineering change [-15,790]
orders excess growth.
Unjustified cost [-2,000]
growth--Other ILS.
Unjustified cost [-4,000]
growth--Pubs/ Tech
data.
USMC UFR--additional [250,000]
aircraft.
007 CH-53K (HEAVY LIFT).. 357,824 357,824
008 V-22 (MEDIUM LIFT)... 31,795 243,795
Unit quantity [212,000]
increase--2 aircraft.
011 P-8A POSEIDON........ 41,521 41,521
012 E-2D ADV HAWKEYE..... 842,401 1,235,762
2 additional E-2D [399,900]
aircraft--Navy UPL.
Non-recurring excess [-6,539]
growth.
TRAINER AIRCRAFT
014 MULTI-ENGINE TRAINING 123,217 107,801
SYSTEM (METS).
Support cost excess [-15,416]
growth.
015 ADVANCED HELICOPTER 119,816 119,816
TRAINING SYSTEM.
OTHER AIRCRAFT
016 KC-130J.............. 439,501 439,501
017 KC-130J.............. 29,122 29,122
019 MQ-4 TRITON.......... 587,820 584,192
Program decrease..... [-3,628]
020 MQ-4 TRITON.......... 75,235 75,235
021 MQ-8 UAV............. 21,000
Costs associated with [21,000]
restoring 5 LCS.
022 STUASL0 UAV.......... 2,703 2,703
023 MQ-25................ 696,713 696,713
024 MQ-25................ 51,463 51,463
025 MARINE GROUP 5 UAS... 103,882 98,132
Program decrease..... [-5,750]
MODIFICATION OF
AIRCRAFT
027 F-18 A-D UNIQUE...... 141,514 141,514
028 F-18E/F AND EA-18G 572,681 572,681
MODERNIZATION AND
SUSTAINM.
029 MARINE GROUP 5 UAS 86,116 86,116
SERIES.
030 AEA SYSTEMS.......... 25,058 25,058
031 AV-8 SERIES.......... 26,657 26,657
032 INFRARED SEARCH AND 144,699 134,329
TRACK (IRST).
Reduction in units... [-10,370]
033 ADVERSARY............ 105,188 105,188
034 F-18 SERIES.......... 480,663 480,663
035 H-53 SERIES.......... 40,151 40,151
036 MH-60 SERIES......... 126,238 126,238
037 H-1 SERIES........... 122,498 122,498
038 EP-3 SERIES.......... 8,492 8,492
039 E-2 SERIES........... 188,897 188,897
040 TRAINER A/C SERIES... 9,568 9,568
042 C-130 SERIES......... 132,170 132,170
043 FEWSG................ 695 695
044 CARGO/TRANSPORT A/C 10,902 10,902
SERIES.
045 E-6 SERIES........... 129,049 129,049
046 EXECUTIVE HELICOPTERS 55,265 55,265
SERIES.
047 T-45 SERIES.......... 201,670 201,670
048 POWER PLANT CHANGES.. 24,685 24,685
049 JPATS SERIES......... 19,780 19,780
050 AVIATION LIFE SUPPORT 1,143 1,143
MODS.
051 COMMON ECM EQUIPMENT. 129,722 129,722
052 COMMON AVIONICS 136,883 131,883
CHANGES.
Installation [-5,000]
equipment NRE
previously funded.
053 COMMON DEFENSIVE 6,373 6,373
WEAPON SYSTEM.
054 ID SYSTEMS........... 3,828 3,828
055 P-8 SERIES........... 249,342 249,342
056 MAGTF EW FOR AVIATION 24,684 24,684
057 MQ-8 SERIES.......... 9,846 17,146
Costs associated with [7,300]
restoring 5 LCS.
058 V-22 (TILT/ROTOR 207,621 290,121
ACFT) OSPREY.
V-22 Nacelle [82,500]
Improvement.
[[Page 136 STAT. 3111]]
059 NEXT GENERATION 401,563 468,563
JAMMER (NGJ).
Program increase--2 [67,000]
shipsets - Navy UPL.
060 F-35 STOVL SERIES.... 216,356 199,294
Prior year under [-17,062]
execution.
061 F-35 CV SERIES....... 208,336 204,110
Prior year under [-4,226]
execution.
062 QRC.................. 47,864 47,864
063 MQ-4 SERIES.......... 94,738 91,977
Prior year under [-2,761]
execution.
064 RQ-21 SERIES......... 6,576 6,576
AIRCRAFT SPARES AND
REPAIR PARTS
068 SPARES AND REPAIR 1,872,417 2,166,317
PARTS.
Costs associated with [1,200]
restoring 5 LCS.
Navy UFR--aviation [292,700]
outfitting spares in
support of carrier
airwings.
AIRCRAFT SUPPORT
EQUIP & FACILITIES
069 COMMON GROUND 542,214 542,214
EQUIPMENT.
070 AIRCRAFT INDUSTRIAL 101,559 101,559
FACILITIES.
071 WAR CONSUMABLES...... 40,316 40,316
072 OTHER PRODUCTION 46,403 46,403
CHARGES.
073 SPECIAL SUPPORT 423,280 423,280
EQUIPMENT.
074 UNDISTRIBUTED........ 491,186
Inflation effects.... [491,186]
TOTAL AIRCRAFT 16,848,428 19,478,372
PROCUREMENT, NAVY.
WEAPONS PROCUREMENT,
NAVY
MODIFICATION OF
MISSILES
001 TRIDENT II MODS...... 1,125,164 1,176,164
Defense Industrial [51,000]
Base (DIB) Expansion
for Trident II Mods.
SUPPORT EQUIPMENT &
FACILITIES
002 MISSILE INDUSTRIAL 7,767 7,767
FACILITIES.
STRATEGIC MISSILES
003 TOMAHAWK............. 160,190 160,190
TACTICAL MISSILES
004 AMRAAM............... 335,900 335,900
005 SIDEWINDER........... 63,288 89,188
Navy UFR--additional [25,900]
AIM-9X.
006 STANDARD MISSILE..... 489,123 739,123
Capacity expansion-- [50,000]
dual-source
energetics.
Capacity expansion-- [200,000]
test/tooling
equipment.
008 JASSM................ 58,481 0
Navy requested [-12,000]
transfer to line 16.
Navy requested [-46,481]
transfer to RDTE
line 93.
009 SMALL DIAMETER BOMB 108,317 104,421
II.
Unit cost growth--AUR [-3,896]
010 RAM.................. 92,131 92,131
011 JOINT AIR GROUND 78,395 78,395
MISSILE (JAGM).
012 HELLFIRE............. 6,603 6,603
013 AERIAL TARGETS....... 183,222 183,222
014 DRONES AND DECOYS.... 62,930 50,430
Stabilize production [-12,500]
ramp.
015 OTHER MISSILE SUPPORT 3,524 3,524
016 LRASM................ 226,022 291,022
Defense Industrial [53,000]
Base (DIB) Expansion
for LRASM.
Navy requested [12,000]
transfer from line 8.
017 NAVAL STRIKE MISSILE 59,034 259,034
(NSM).
Naval Strike [200,000]
Missiles--Advanced
Procurement.
MODIFICATION OF
MISSILES
018 TOMAHAWK MODS........ 435,308 435,308
019 ESSM................. 282,035 282,035
020 AARGM................ 131,275 171,275
Production increase.. [40,000]
021 STANDARD MISSILES 71,198 71,198
MODS.
023 INDUSTRIAL 20,000
PREPAREDNESS.
Defense Industrial [20,000]
Base (DIB) Expansion
for Harpoon Missiles.
SUPPORT EQUIPMENT &
FACILITIES
022 WEAPONS INDUSTRIAL 1,976 6,976
FACILITIES.
[[Page 136 STAT. 3112]]
Hypersonic test [5,000]
facility.
ORDNANCE SUPPORT
EQUIPMENT
025 ORDNANCE SUPPORT 40,793 40,793
EQUIPMENT.
TORPEDOES AND RELATED
EQUIP
026 SSTD................. 3,789 3,789
027 MK-48 TORPEDO........ 151,128 200,128
Navy UFR--additional [49,000]
MK 48 procurement.
028 ASW TARGETS.......... 14,403 14,403
MOD OF TORPEDOES AND
RELATED EQUIP
029 MK-54 TORPEDO MODS... 106,772 232,172
Mk54 LWT program [125,400]
increase.
030 MK-48 TORPEDO ADCAP 18,502 18,502
MODS.
031 MARITIME MINES....... 9,282 245,332
Hammerhead........... [225,000]
Mk68................. [11,050]
SUPPORT EQUIPMENT
032 TORPEDO SUPPORT 87,044 87,044
EQUIPMENT.
033 ASW RANGE SUPPORT.... 3,965 3,965
DESTINATION
TRANSPORTATION
034 FIRST DESTINATION 5,315 5,315
TRANSPORTATION.
GUNS AND GUN MOUNTS
035 SMALL ARMS AND 13,859 13,859
WEAPONS.
MODIFICATION OF GUNS
AND GUN MOUNTS
036 CIWS MODS............ 2,655 2,655
037 COAST GUARD WEAPONS.. 34,259 34,259
038 GUN MOUNT MODS....... 81,725 81,725
039 LCS MODULE WEAPONS... 4,580 4,580
040 AIRBORNE MINE 8,710 8,710
NEUTRALIZATION
SYSTEMS.
SPARES AND REPAIR
PARTS
042 SPARES AND REPAIR 170,041 170,041
PARTS.
043 UNDISTRIBUTED........ 129,375
Inflation effects.... [129,375]
TOTAL WEAPONS 4,738,705 5,860,553
PROCUREMENT, NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 47,198 47,198
002 JDAM................. 76,688 76,688
003 AIRBORNE ROCKETS, ALL 70,005 70,005
TYPES.
004 MACHINE GUN 20,586 20,586
AMMUNITION.
005 PRACTICE BOMBS....... 51,109 48,843
Prior year under [-2,266]
execution.
006 CARTRIDGES & CART 72,534 72,534
ACTUATED DEVICES.
007 AIR EXPENDABLE 114,475 108,859
COUNTERMEASURES.
Program rephasing--IR [-5,616]
decoys.
008 JATOS................ 7,096 7,096
009 5 INCH/54 GUN 30,018 30,018
AMMUNITION.
010 INTERMEDIATE CALIBER 40,089 40,089
GUN AMMUNITION.
011 OTHER SHIP GUN 42,707 189,707
AMMUNITION.
Goalkeeper long lead [147,000]
procurement.
012 SMALL ARMS & LANDING 49,023 45,971
PARTY AMMO.
Excess to need--50 [-3,052]
CAL LKD and tracer.
013 PYROTECHNIC AND 9,480 9,480
DEMOLITION.
014 AMMUNITION LESS THAN 1,622 1,622
$5 MILLION.
MARINE CORPS
AMMUNITION
015 MORTARS.............. 71,214 71,214
016 DIRECT SUPPORT 65,169 62,627
MUNITIONS.
Various munitions [-2,542]
unit cost growth.
017 INFANTRY WEAPONS 225,271 225,271
AMMUNITION.
018 COMBAT SUPPORT 19,691 19,691
MUNITIONS.
019 AMMO MODERNIZATION... 17,327 17,327
020 ARTILLERY MUNITIONS.. 15,514 15,514
021 ITEMS LESS THAN $5 5,476 5,476
MILLION.
022 UNDISTRIBUTED........ 33,521
Inflation effects.... [33,521]
TOTAL PROCUREMENT OF 1,052,292 1,219,337
AMMO, NAVY & MC.
[[Page 136 STAT. 3113]]
SHIPBUILDING AND
CONVERSION, NAVY
FLEET BALLISTIC
MISSILE SHIPS
001 OHIO REPLACEMENT 3,079,223 3,079,223
SUBMARINE.
002 OHIO REPLACEMENT 2,778,553 2,778,553
SUBMARINE.
OTHER WARSHIPS
003 CARRIER REPLACEMENT 1,481,530 1,466,530
PROGRAM.
Program decrease..... [-15,000]
004 CVN-81............... 1,052,024 1,052,024
005 VIRGINIA CLASS 4,534,184 4,534,184
SUBMARINE.
006 VIRGINIA CLASS 2,025,651 2,025,651
SUBMARINE.
008 CVN REFUELING 618,295 612,081
OVERHAULS.
Unjustified [-6,214]
electronics cost
growth.
009 DDG 1000............. 72,976 72,976
010 DDG-51............... 4,376,537 6,816,537
Large Surface [250,000]
Combatant Shipyard
Infrastructure.
One additional ship.. [2,190,000]
011 DDG-51............... 618,352 695,652
Third DDG in FY 2024. [77,300]
013 FFG-FRIGATE.......... 1,085,224 1,085,224
014 FFG-FRIGATE.......... 74,949 0
Advance procurement [-74,949]
unjustified request.
AMPHIBIOUS SHIPS
015 LPD FLIGHT II........ 1,673,000 1,673,000
016 LPD FLIGHT II........ 250,000
USMC UFR--Advance [250,000]
procurement for LPD-
33.
020 LHA REPLACEMENT...... 1,085,470 1,374,470
LHA 10 advance [289,000]
procurement.
021 EXPEDITIONARY FAST 645,000
TRANSPORT (EPF).
EMS.................. [645,000]
AUXILIARIES, CRAFT
AND PRIOR YR PROGRAM
COST
022 TAO FLEET OILER...... 794,719 794,719
024 TOWING, SALVAGE, AND 95,915 95,915
RESCUE SHIP (ATS).
027 OUTFITTING........... 707,412 707,412
028 SHIP TO SHORE 190,433 391,838
CONNECTOR.
Unit quantity [201,405]
increase.
029 SERVICE CRAFT........ 68,274 91,274
Auxiliary personnel [23,000]
lighters barracks
craft.
030 LCAC SLEP............ 36,301 36,301
031 AUXILIARY VESSELS 140,686 140,686
(USED SEALIFT).
032 COMPLETION OF PY 1,328,146 1,328,146
SHIPBUILDING
PROGRAMS.
033 UNDISTRIBUTED........ 839,239
Inflation effects.... [839,239]
TOTAL SHIPBUILDING 27,917,854 32,586,635
AND CONVERSION, NAVY.
OTHER PROCUREMENT,
NAVY
SHIP PROPULSION
EQUIPMENT
001 SURFACE POWER 46,478 46,478
EQUIPMENT.
GENERATORS
002 SURFACE COMBATANT 84,615 84,615
HM&E.
NAVIGATION EQUIPMENT
003 OTHER NAVIGATION 98,079 87,800
EQUIPMENT.
Program decrease..... [-10,279]
OTHER SHIPBOARD
EQUIPMENT
004 SUB PERISCOPE, 266,300 261,011
IMAGING AND SUPT
EQUIP PROG.
Unjustified growth... [-5,289]
005 DDG MOD.............. 770,341 770,341
006 FIREFIGHTING 19,687 19,687
EQUIPMENT.
007 COMMAND AND CONTROL 2,406 2,406
SWITCHBOARD.
008 LHA/LHD MIDLIFE...... 38,200 38,200
009 LCC 19/20 EXTENDED 20,028 20,028
SERVICE LIFE PROGRAM.
010 POLLUTION CONTROL 17,682 17,682
EQUIPMENT.
011 SUBMARINE SUPPORT 117,799 117,799
EQUIPMENT.
012 VIRGINIA CLASS 32,300 32,300
SUPPORT EQUIPMENT.
013 LCS CLASS SUPPORT 15,238 15,238
EQUIPMENT.
014 SUBMARINE BATTERIES.. 24,137 24,137
015 LPD CLASS SUPPORT 54,496 54,496
EQUIPMENT.
016 DDG 1000 CLASS 314,333 284,333
SUPPORT EQUIPMENT.
[[Page 136 STAT. 3114]]
Program decrease..... [-30,000]
017 STRATEGIC PLATFORM 13,504 13,504
SUPPORT EQUIP.
018 DSSP EQUIPMENT....... 3,660 3,660
019 CG MODERNIZATION..... 59,054 59,054
020 LCAC................. 17,452 17,452
021 UNDERWATER EOD 35,417 35,417
EQUIPMENT.
022 ITEMS LESS THAN $5 60,812 60,812
MILLION.
023 CHEMICAL WARFARE 3,202 3,202
DETECTORS.
REACTOR PLANT
EQUIPMENT
025 SHIP MAINTENANCE, 1,242,532 1,242,532
REPAIR AND
MODERNIZATION.
026 REACTOR POWER UNITS.. 4,690 4,690
027 REACTOR COMPONENTS... 408,989 408,989
OCEAN ENGINEERING
028 DIVING AND SALVAGE 11,773 11,773
EQUIPMENT.
SMALL BOATS
029 STANDARD BOATS....... 57,262 77,262
Six additional 40- [20,000]
foot Patrol Boats.
PRODUCTION FACILITIES
EQUIPMENT
030 OPERATING FORCES IPE. 174,743 174,743
OTHER SHIP SUPPORT
031 LCS COMMON MISSION 57,313 57,313
MODULES EQUIPMENT.
032 LCS MCM MISSION 94,987 97,187
MODULES.
Mine Countermeasures [2,200]
Mission Package
Capacity and
Wholeness--Navy UPL.
033 LCS ASW MISSION 3,594 3,594
MODULES.
034 LCS SUW MISSION 5,100 5,100
MODULES.
035 LCS IN-SERVICE 76,526 76,526
MODERNIZATION.
036 SMALL & MEDIUM UUV... 49,763 49,763
SHIP SONARS
037 SPQ-9B RADAR......... 12,063 12,063
038 AN/SQQ-89 SURF ASW 141,591 141,591
COMBAT SYSTEM.
039 SSN ACOUSTIC 446,653 446,653
EQUIPMENT.
040 UNDERSEA WARFARE 17,424 17,424
SUPPORT EQUIPMENT.
ASW ELECTRONIC
EQUIPMENT
041 SUBMARINE ACOUSTIC 31,708 31,708
WARFARE SYSTEM.
042 SSTD................. 14,325 14,325
043 FIXED SURVEILLANCE 266,228 266,228
SYSTEM.
044 SURTASS.............. 25,030 25,030
ELECTRONIC WARFARE
EQUIPMENT
045 AN/SLQ-32............ 292,417 292,417
RECONNAISSANCE
EQUIPMENT
046 SHIPBOARD IW EXPLOIT. 311,210 311,210
047 AUTOMATED 2,487 2,487
IDENTIFICATION
SYSTEM (AIS).
OTHER SHIP ELECTRONIC
EQUIPMENT
048 COOPERATIVE 34,500 34,500
ENGAGEMENT
CAPABILITY.
049 NAVAL TACTICAL 19,038 19,038
COMMAND SUPPORT
SYSTEM (NTCSS).
050 ATDLS................ 73,675 73,675
051 NAVY COMMAND AND 3,435 3,435
CONTROL SYSTEM
(NCCS).
052 MINESWEEPING SYSTEM 16,336 16,336
REPLACEMENT.
054 NAVSTAR GPS RECEIVERS 30,439 30,439
(SPACE).
055 AMERICAN FORCES RADIO 2,724 2,724
AND TV SERVICE.
056 STRATEGIC PLATFORM 6,266 6,266
SUPPORT EQUIP.
AVIATION ELECTRONIC
EQUIPMENT
057 ASHORE ATC EQUIPMENT. 89,396 89,396
058 AFLOAT ATC EQUIPMENT. 86,732 86,732
059 ID SYSTEMS........... 59,226 59,226
060 JOINT PRECISION 8,186 8,186
APPROACH AND LANDING
SYSTEM (.
061 NAVAL MISSION 26,778 26,778
PLANNING SYSTEMS.
OTHER SHORE
ELECTRONIC EQUIPMENT
062 MARITIME INTEGRATED 3,520 3,520
BROADCAST SYSTEM.
063 TACTICAL/MOBILE C4I 31,840 31,840
SYSTEMS.
064 DCGS-N............... 15,606 15,606
065 CANES................ 402,550 402,550
066 RADIAC............... 9,062 9,062
067 CANES-INTELL......... 48,665 48,665
068 GPETE................ 23,479 23,479
069 MASF................. 11,792 11,792
[[Page 136 STAT. 3115]]
070 INTEG COMBAT SYSTEM 6,053 6,053
TEST FACILITY.
071 EMI CONTROL 4,219 4,219
INSTRUMENTATION.
072 ITEMS LESS THAN $5 102,846 102,846
MILLION.
SHIPBOARD
COMMUNICATIONS
073 SHIPBOARD TACTICAL 36,941 36,941
COMMUNICATIONS.
074 SHIP COMMUNICATIONS 101,691 101,691
AUTOMATION.
075 COMMUNICATIONS ITEMS 55,290 55,290
UNDER $5M.
SUBMARINE
COMMUNICATIONS
076 SUBMARINE BROADCAST 91,150 91,150
SUPPORT.
077 SUBMARINE 74,569 74,569
COMMUNICATION
EQUIPMENT.
SATELLITE
COMMUNICATIONS
078 SATELLITE 39,827 39,827
COMMUNICATIONS
SYSTEMS.
079 NAVY MULTIBAND 24,586 24,586
TERMINAL (NMT).
SHORE COMMUNICATIONS
080 JOINT COMMUNICATIONS 4,699 4,699
SUPPORT ELEMENT
(JCSE).
CRYPTOGRAPHIC
EQUIPMENT
081 INFO SYSTEMS SECURITY 156,034 156,034
PROGRAM (ISSP).
082 MIO INTEL 1,055 1,055
EXPLOITATION TEAM.
CRYPTOLOGIC EQUIPMENT
083 CRYPTOLOGIC 18,832 20,332
COMMUNICATIONS EQUIP.
INDOPACOM UFR--SIGINT [1,500]
upgrades.
OTHER ELECTRONIC
SUPPORT
092 COAST GUARD EQUIPMENT 68,556 68,556
SONOBUOYS
094 SONOBUOYS--ALL TYPES. 291,670 303,520
Program increase..... [11,850]
AIRCRAFT SUPPORT
EQUIPMENT
095 MINOTAUR............. 5,247 5,247
096 WEAPONS RANGE SUPPORT 106,209 106,209
EQUIPMENT.
097 AIRCRAFT SUPPORT 275,461 275,461
EQUIPMENT.
098 ADVANCED ARRESTING 22,717 22,717
GEAR (AAG).
099 ELECTROMAGNETIC 18,594 18,594
AIRCRAFT LAUNCH
SYSTEM (EMALS.
100 METEOROLOGICAL 15,175 15,175
EQUIPMENT.
101 LEGACY AIRBORNE MCM.. 4,689 4,689
102 LAMPS EQUIPMENT...... 1,610 1,610
103 AVIATION SUPPORT 86,409 86,409
EQUIPMENT.
104 UMCS-UNMAN CARRIER 136,647 136,647
AVIATION(UCA)MISSION
CNTRL.
SHIP GUN SYSTEM
EQUIPMENT
105 SHIP GUN SYSTEMS 5,902 5,902
EQUIPMENT.
SHIP MISSILE SYSTEMS
EQUIPMENT
106 HARPOON SUPPORT 217 217
EQUIPMENT.
107 SHIP MISSILE SUPPORT 286,788 292,188
EQUIPMENT.
SPY-1 Low Noise [5,400]
Amplyfier.
108 TOMAHAWK SUPPORT 95,856 95,856
EQUIPMENT.
FBM SUPPORT EQUIPMENT
109 STRATEGIC MISSILE 279,430 279,430
SYSTEMS EQUIP.
ASW SUPPORT EQUIPMENT
110 SSN COMBAT CONTROL 128,874 128,874
SYSTEMS.
111 ASW SUPPORT EQUIPMENT 26,920 26,920
OTHER ORDNANCE
SUPPORT EQUIPMENT
112 EXPLOSIVE ORDNANCE 17,048 17,048
DISPOSAL EQUIP.
113 ITEMS LESS THAN $5 5,938 5,938
MILLION.
OTHER EXPENDABLE
ORDNANCE
114 ANTI-SHIP MISSILE 86,264 86,264
DECOY SYSTEM.
115 SUBMARINE TRAINING 80,591 80,591
DEVICE MODS.
116 SURFACE TRAINING 198,695 198,695
EQUIPMENT.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
117 PASSENGER CARRYING 4,799 4,799
VEHICLES.
118 GENERAL PURPOSE 2,542 2,542
TRUCKS.
119 CONSTRUCTION & 50,619 55,219
MAINTENANCE EQUIP.
GPS laser leveling [4,600]
system.
120 FIRE FIGHTING 16,305 16,305
EQUIPMENT.
121 TACTICAL VEHICLES.... 28,586 28,586
122 POLLUTION CONTROL 2,840 2,840
EQUIPMENT.
123 ITEMS LESS THAN $5 64,311 64,311
MILLION.
124 PHYSICAL SECURITY 1,263 1,263
VEHICLES.
SUPPLY SUPPORT
EQUIPMENT
[[Page 136 STAT. 3116]]
125 SUPPLY EQUIPMENT..... 32,338 32,338
126 FIRST DESTINATION 6,255 6,255
TRANSPORTATION.
127 SPECIAL PURPOSE 613,039 613,039
SUPPLY SYSTEMS.
TRAINING DEVICES
128 TRAINING SUPPORT 1,285 1,285
EQUIPMENT.
129 TRAINING AND 44,618 44,618
EDUCATION EQUIPMENT.
COMMAND SUPPORT
EQUIPMENT
130 COMMAND SUPPORT 55,728 55,728
EQUIPMENT.
131 MEDICAL SUPPORT 5,325 5,325
EQUIPMENT.
133 NAVAL MIP SUPPORT 6,077 6,077
EQUIPMENT.
134 OPERATING FORCES 16,252 16,252
SUPPORT EQUIPMENT.
135 C4ISR EQUIPMENT...... 6,497 6,497
136 ENVIRONMENTAL SUPPORT 36,592 36,592
EQUIPMENT.
137 PHYSICAL SECURITY 118,598 114,598
EQUIPMENT.
Program decrease..... [-4,000]
138 ENTERPRISE 29,407 29,407
INFORMATION
TECHNOLOGY.
OTHER
142 NEXT GENERATION 201,314 201,314
ENTERPRISE SERVICE.
143 CYBERSPACE ACTIVITIES 5,018 5,018
144 CYBER MISSION FORCES. 17,115 17,115
CLASSIFIED PROGRAMS
099 CLASSIFIED PROGRAMS.. 17,295 17,295
SPARES AND REPAIR
PARTS
145 SPARES AND REPAIR 532,313 682,313
PARTS.
Navy UFR--Maritime [150,000]
spares outfitting.
146 UNDISTRIBUTED........ 369,826
Inflation effects.... [369,826]
TOTAL OTHER 11,746,503 12,262,311
PROCUREMENT, NAVY.
PROCUREMENT, MARINE
CORPS
TRACKED COMBAT
VEHICLES
001 AAV7A1 PIP........... 5,653 5,653
002 AMPHIBIOUS COMBAT 536,678 527,079
VEHICLE FAMILY OF
VEHICLES.
Excess growth-- [-9,599]
integrated logistics
support.
003 LAV PIP.............. 57,099 55,739
M&S tactical [-1,360]
communication
modernization kits
previously funded.
ARTILLERY AND OTHER
WEAPONS
004 155MM LIGHTWEIGHT 1,782 1,782
TOWED HOWITZER.
005 ARTILLERY WEAPONS 143,808 143,808
SYSTEM.
006 WEAPONS AND COMBAT 11,118 11,118
VEHICLES UNDER $5
MILLION.
GUIDED MISSILES
007 TOMAHAWK............. 42,958 42,958
008 NAVAL STRIKE MISSILE 174,369 174,369
(NSM).
009 GROUND BASED AIR 173,801 173,801
DEFENSE.
010 ANTI-ARMOR MISSILE- 18,495 17,205
JAVELIN.
Guided missile unit [-1,290]
cost growth.
011 FAMILY ANTI-ARMOR 21,419 21,419
WEAPON SYSTEMS
(FOAAWS).
012 ANTI-ARMOR MISSILE- 663 663
TOW.
013 GUIDED MLRS ROCKET 7,605 7,605
(GMLRS).
COMMAND AND CONTROL
SYSTEMS
014 COMMON AVIATION 30,292 30,292
COMMAND AND CONTROL
SYSTEM (C.
REPAIR AND TEST
EQUIPMENT
015 REPAIR AND TEST 58,024 54,684
EQUIPMENT.
Unjustified growth-- [-3,340]
CBM+ test systems.
OTHER SUPPORT (TEL)
016 MODIFICATION KITS.... 293 293
COMMAND AND CONTROL
SYSTEM (NON-TEL)
017 ITEMS UNDER $5 83,345 83,345
MILLION (COMM &
ELEC).
018 AIR OPERATIONS C2 11,048 11,048
SYSTEMS.
RADAR + EQUIPMENT
(NON-TEL)
019 GROUND/AIR TASK 61,943 411,943
ORIENTED RADAR (G/
ATOR).
USMC UFR--AN/TPS-80 G/ [350,000]
ATOR radar.
INTELL/COMM EQUIPMENT
(NON-TEL)
020 GCSS-MC.............. 1,663 1,663
021 FIRE SUPPORT SYSTEM.. 48,322 48,322
022 INTELLIGENCE SUPPORT 182,894 167,894
EQUIPMENT.
[[Page 136 STAT. 3117]]
Program decrease..... [-15,000]
024 UNMANNED AIR SYSTEMS 47,595 43,358
(INTEL).
Short range/ short [-4,237]
endurance unit cost
growth.
025 DCGS-MC.............. 47,998 47,998
026 UAS PAYLOADS......... 8,619 8,619
OTHER SUPPORT (NON-
TEL)
029 MARINE CORPS 276,763 258,020
ENTERPRISE NETWORK
(MCEN).
Excess growth--end [-18,743]
user devices.
030 COMMON COMPUTER 40,096 40,096
RESOURCES.
031 COMMAND POST SYSTEMS. 58,314 58,314
032 RADIO SYSTEMS........ 612,450 599,593
Program decrease..... [-12,857]
033 COMM SWITCHING & 51,976 51,976
CONTROL SYSTEMS.
034 COMM & ELEC 26,029 26,029
INFRASTRUCTURE
SUPPORT.
035 CYBERSPACE ACTIVITIES 17,759 17,759
036 CYBER MISSION FORCES. 4,036 4,036
CLASSIFIED PROGRAMS
099 CLASSIFIED PROGRAMS.. 3,884 3,884
ADMINISTRATIVE
VEHICLES
039 COMMERCIAL CARGO 35,179 33,161
VEHICLES.
Unjustified request-- [-2,018]
garrison
transportation and
management.
TACTICAL VEHICLES
040 MOTOR TRANSPORT 17,807 17,807
MODIFICATIONS.
041 JOINT LIGHT TACTICAL 222,257 222,257
VEHICLE.
043 TRAILERS............. 2,721 2,721
ENGINEER AND OTHER
EQUIPMENT
045 TACTICAL FUEL SYSTEMS 7,854 7,854
046 POWER EQUIPMENT 5,841 5,841
ASSORTED.
047 AMPHIBIOUS SUPPORT 38,120 38,120
EQUIPMENT.
048 EOD SYSTEMS.......... 201,047 191,047
Unjustified growth-- [-10,000]
MEGFoS.
MATERIALS HANDLING
EQUIPMENT
049 PHYSICAL SECURITY 69,967 65,967
EQUIPMENT.
Prior year under [-4,000]
execution.
GENERAL PROPERTY
050 FIELD MEDICAL 21,780 21,780
EQUIPMENT.
051 TRAINING DEVICES..... 86,272 74,774
Unjustified growth... [-11,498]
052 FAMILY OF 27,605 27,605
CONSTRUCTION
EQUIPMENT.
053 ULTRA-LIGHT TACTICAL 15,033 15,033
VEHICLE (ULTV).
OTHER SUPPORT
054 ITEMS LESS THAN $5 26,433 26,433
MILLION.
SPARES AND REPAIR
PARTS
055 SPARES AND REPAIR 34,799 34,799
PARTS.
056 UNDISTRIBUTED........ 123,755
Inflation effects.... [123,755]
TOTAL PROCUREMENT, 3,681,506 4,061,319
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
STRATEGIC OFFENSIVE
001 B-21 RAIDER.......... 1,498,431 1,498,431
002 B-21 RAIDER.......... 288,165 288,165
TACTICAL FORCES
003 F-35................. 3,320,757 4,093,757
Air Force UFR-- [658,000]
additional F-35A
aircraft.
Technical realignment [115,000]
004 F-35................. 594,886 180,658
EOQ unjustified [-243,184]
request.
Long-lead excess to [-56,044]
need due to
decreased out-year
quantities.
Realignment of funds [-115,000]
to line 3.
005 F-15EX............... 2,422,348 2,422,348
006 F-15EX............... 264,000 264,000
TACTICAL AIRLIFT
007 KC-46A MDAP.......... 2,684,503 2,684,503
OTHER AIRLIFT
008 C-130J............... 75,293 75,293
009 MC-130J.............. 40,351 40,351
[[Page 136 STAT. 3118]]
UPT TRAINERS
011 ADVANCED TRAINER 10,507 10,507
REPLACEMENT T-X.
HELICOPTERS
012 MH-139A.............. 156,192 156,192
013 COMBAT RESCUE 707,018 1,048,118
HELICOPTER.
Additional aircraft.. [350,000]
Unit cost excess to [-8,900]
need.
MISSION SUPPORT
AIRCRAFT
015 CIVIL AIR PATROL A/C. 2,952 11,600
Program increase..... [8,648]
OTHER AIRCRAFT
016 TARGET DRONES........ 128,906 128,906
017 COMPASS CALL......... 553,700
Air Force UFR--EC-37B [553,700]
aircraft.
018 E-11 BACN/HAG........ 67,260 66,847
Realignment of funds. [-413]
019 MQ-9................. 17,039 16,039
Early to need-- [-1,000]
production shutdown.
021 AGILITY PRIME 3,612 3,612
PROCUREMENT.
STRATEGIC AIRCRAFT
022 B-2A................. 106,752 91,771
ACS kits ahead of [-14,981]
need.
023 B-1B................. 36,313 33,813
Program decrease..... [-2,500]
024 B-52................. 127,854 120,909
Realignment of funds [-4,293]
for B-52 Crypto Mod
upgrade spares.
Realignment of funds [-2,652]
for B-52 VLF/LF
spares.
025 LARGE AIRCRAFT 25,286 25,286
INFRARED
COUNTERMEASURES.
TACTICAL AIRCRAFT
026 A-10................. 83,972 83,972
027 E-11 BACN/HAG........ 10,309 10,309
028 F-15................. 194,379 194,379
029 F-16................. 700,455 685,955
Overestimation of [-14,500]
SLEP induction rate.
030 F-22A................ 764,222 764,222
031 F-35 MODIFICATIONS... 414,382 414,382
032 F-15 EPAW............ 259,837 259,837
034 KC-46A MDAP.......... 467 467
AIRLIFT AIRCRAFT
035 C-5.................. 46,027 15,673
Realignment of funds. [-18,000]
Realignment of funds [-12,354]
to line 64.
036 C-17A................ 152,009 157,509
Air Force realignment [5,500]
of funds.
037 C-32A................ 4,068 4,068
038 C-37A................ 6,062 6,062
TRAINER AIRCRAFT
039 GLIDER MODS.......... 149 149
040 T-6.................. 6,215 6,215
041 T-1.................. 6,262 6,262
042 T-38................. 111,668 161,168
Ejection Seat Upgrade [49,500]
OTHER AIRCRAFT
044 U-2 MODS............. 81,650 81,650
045 KC-10A (ATCA)........ 3,443 2,043
Unjustified growth... [-1,400]
046 C-21................. 2,024 2,024
047 VC-25A MOD........... 2,146 2,146
048 C-40................. 2,197 2,197
049 C-130................ 114,268 148,748
Air Force realignment [17,500]
of funds.
Modular airborne [20,000]
firefighting system.
Overestimation of AMP [-3,020]
inc 2 install cost.
050 C-130J MODS.......... 112,299 112,299
051 C-135................ 149,023 163,523
Air Force realignment [19,500]
of funds.
Program decrease..... [-5,000]
[[Page 136 STAT. 3119]]
052 COMPASS CALL......... 16,630 337,230
Air Force UFR--EC-37B [320,600]
group A & B kits and
spare components.
053 RC-135............... 212,828 252,828
INDOPACOM UFR--SIGINT [600]
upgrades.
RC-135 navigation [39,400]
upgrades.
054 E-3.................. 54,247 54,247
055 E-4.................. 5,973 5,973
056 E-8.................. 16,610 0
Program decrease..... [-16,610]
059 H-1.................. 1,757 1,757
060 H-60................. 10,820 10,820
061 COMBAT RESCUE 3,083 3,083
HELICOPTER
MODIFICATION.
062 RQ-4 MODS............ 1,286 1,286
063 HC/MC-130 138,956 109,785
MODIFICATIONS.
MC/AC MUOS [-9,171]
installations ahead
of need.
Realignment of funds. [-20,000]
064 OTHER AIRCRAFT....... 29,029 41,796
Realignment of funds. [12,767]
065 MQ-9 MODS............ 64,370 211,507
Multi-Domain [150,700]
Operations
modernization.
Unjustified cost--MQ- [-3,563]
9 Upgrade.
067 SENIOR LEADER C3, 24,784 24,784
SYSTEM--AIRCRAFT.
068 CV-22 MODS........... 153,026 153,026
AIRCRAFT SPARES AND
REPAIR PARTS
069 INITIAL SPARES/REPAIR 623,661 734,767
PARTS.
Air Force UFR--EC-37B [9,361]
spare components.
Air Force UFR--EC-37B [94,800]
spare engines.
Realignment of funds [4,293]
for B-52 Crypto Mod
upgrade spares.
Realignment of funds [2,652]
for B-52 VLF/LF
spares.
COMMON SUPPORT
EQUIPMENT
070 AIRCRAFT REPLACEMENT 138,935 138,935
SUPPORT EQUIP.
POST PRODUCTION
SUPPORT
071 B-2A................. 1,802 1,802
072 B-2B................. 36,325 36,325
073 B-52................. 5,883 5,883
074 F-15................. 2,764 2,764
075 F-16................. 5,102 5,102
077 MQ9 POST PROD........ 7,069 7,069
078 RQ-4 POST PRODUCTION 40,845 40,845
CHARGES.
082 C-5 POST PRODUCTION 18,000
SUPPORT.
Realignment of funds. [18,000]
083 HC/MC-130J POST 20,000
PRODUCTION SUPPORT.
Realignment of funds. [20,000]
INDUSTRIAL
PREPAREDNESS
079 INDUSTRIAL 19,128 19,128
RESPONSIVENESS.
WAR CONSUMABLES
080 WAR CONSUMABLES...... 31,165 31,165
OTHER PRODUCTION
CHARGES
081 OTHER PRODUCTION 1,047,300 1,047,300
CHARGES.
CLASSIFIED PROGRAMS
099 CLASSIFIED PROGRAMS.. 18,092 63,092
Air Force UFR--F-35A [45,000]
classified item.
999 UNDISTRIBUTED........ 633,490
Inflation effects.... [633,490]
TOTAL AIRCRAFT 18,517,428 21,113,854
PROCUREMENT, AIR
FORCE.
MISSILE PROCUREMENT,
AIR FORCE
MISSILE REPLACEMENT
EQUIPMENT--BALLISTIC
001 MISSILE REPLACEMENT 57,476 57,476
EQ-BALLISTIC.
STRATEGIC
004 LONG RANGE STAND-OFF 31,454 31,454
WEAPON.
TACTICAL
005 REPLAC EQUIP & WAR 30,510 30,510
CONSUMABLES.
006 AGM-183A AIR-LAUNCHED 46,566 0
RAPID RESPONSE
WEAPON.
Realignment of funds. [-46,566]
007 JOINT AIR-SURFACE 784,971 861,971
STANDOFF MISSILE.
Defense Industrial [77,000]
Base (DIB) Expansion
for JASSM.
[[Page 136 STAT. 3120]]
008 LRASM0............... 114,025 114,025
009 SIDEWINDER (AIM-9X).. 111,855 111,855
010 AMRAAM............... 320,056 340,056
AIM-120 Advanced [20,000]
Medium-Range Air-to-
Air Missile
(AMRAAM)--Advanced
Procurement.
011 PREDATOR HELLFIRE 1,040 1,040
MISSILE.
012 SMALL DIAMETER BOMB.. 46,475 46,475
013 SMALL DIAMETER BOMB 279,006 429,006
II.
Air Force UFR-- [150,000]
additional small
diameter bomb II.
014 STAND-IN ATTACK 77,975 77,975
WEAPON (SIAW).
INDUSTRIAL FACILITIES
015 INDUSTR'L PREPAREDNS/ 868 150,868
POL PREVENTION.
Defense Industrial [150,000]
Base (DIB) Expansion
for Industrial
Preparedness.
CLASS IV
018 ICBM FUZE MOD........ 99,691 99,691
019 ICBM FUZE MOD........ 37,673 37,673
020 MM III MODIFICATIONS. 68,193 68,193
022 AIR LAUNCH CRUISE 33,778 108,778
MISSILE (ALCM).
Defense Industrial [75,000]
Base (DIB) Expansion
for Gas Turbine
Engines, Control
Actuation Systems,
and Antennas.
MISSILE SPARES AND
REPAIR PARTS
023 MSL SPRS/REPAIR PARTS 15,354 15,354
(INITIAL).
024 MSL SPRS/REPAIR PARTS 62,978 62,978
(REPLEN).
SPECIAL PROGRAMS
028 SPECIAL UPDATE 36,933 36,933
PROGRAMS.
CLASSIFIED PROGRAMS
099 CLASSIFIED PROGRAMS.. 705,540 705,540
999 UNDISTRIBUTED........ 61,064
Inflation effects.... [61,064]
TOTAL MISSILE 2,962,417 3,448,915
PROCUREMENT, AIR
FORCE.
PROCUREMENT OF
AMMUNITION, AIR
FORCE
ROCKETS
001 ROCKETS.............. 22,190 22,190
CARTRIDGES
002 CARTRIDGES........... 124,164 124,164
BOMBS
004 GENERAL PURPOSE BOMBS 162,800 162,800
005 MASSIVE ORDNANCE 19,743 19,743
PENETRATOR (MOP).
006 JOINT DIRECT ATTACK 251,956 251,956
MUNITION.
OTHER ITEMS
008 CAD/PAD.............. 50,473 50,473
009 EXPLOSIVE ORDNANCE 6,343 6,343
DISPOSAL (EOD).
010 SPARES AND REPAIR 573 573
PARTS.
012 FIRST DESTINATION 1,903 1,903
TRANSPORTATION.
013 ITEMS LESS THAN 5,014 5,014
$5,000,000.
FLARES
014 EXPENDABLE 120,548 120,548
COUNTERMEASURES.
FUZES
015 FUZES................ 121,528 121,528
SMALL ARMS
016 SMALL ARMS........... 16,395 16,395
017 UNDISTRIBUTED........ 23,395
Inflation effects.... [23,395]
TOTAL PROCUREMENT OF 903,630 927,025
AMMUNITION, AIR
FORCE.
PROCUREMENT, SPACE
FORCE
SPACE PROCUREMENT, SF
002 AF SATELLITE COMM 51,414 51,414
SYSTEM.
003 COUNTERSPACE SYSTEMS. 62,691 62,691
004 FAMILY OF BEYOND LINE- 26,394 26,394
OF-SIGHT TERMINALS.
005 WIDEBAND GAPFILLER 21,982 21,982
SATELLITES (SPACE).
006 GENERAL INFORMATION 5,424 5,424
TECH--SPACE.
007 GPSIII FOLLOW ON..... 657,562 646,962
Excess to need....... [-10,600]
008 GPS III SPACE SEGMENT 103,340 103,340
[[Page 136 STAT. 3121]]
009 GLOBAL POSTIONING 950 950
(SPACE).
010 HERITAGE TRANSITION.. 21,896 21,896
011 SPACEBORNE EQUIP 29,587 24,083
(COMSEC).
Cost growth.......... [-5,504]
012 MILSATCOM............ 29,333 29,333
013 SBIR HIGH (SPACE).... 148,666 148,666
014 SPECIAL SPACE 817,484 805,484
ACTIVITIES.
Underexecution....... [-12,000]
015 MOBILE USER OBJECTIVE 46,833 46,833
SYSTEM.
016 NATIONAL SECURITY 1,056,133 1,025,533
SPACE LAUNCH.
Excess to need....... [-30,600]
017 NUDET DETECTION 7,062 7,062
SYSTEM.
018 PTES HUB............. 42,464 42,464
019 ROCKET SYSTEMS LAUNCH 39,145 39,145
PROGRAM.
020 SPACE DEVELOPMENT 314,288 714,288
AGENCY LAUNCH.
Realignment of funds. [200,000]
Space Force UFR-- [200,000]
accelerate resilient
missile warning/
missile tracking.
022 SPACE MODS........... 73,957 73,957
023 SPACELIFT RANGE 71,712 71,712
SYSTEM SPACE.
SPARES
024 SPARES AND REPAIR 1,352 1,352
PARTS.
025 UNDISTRIBUTED........ 106,161
Inflation effects.... [106,161]
TOTAL PROCUREMENT, 3,629,669 4,077,126
SPACE FORCE.
OTHER PROCUREMENT,
AIR FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 2,446 2,446
VEHICLES.
CARGO AND UTILITY
VEHICLES
002 MEDIUM TACTICAL 1,125 1,125
VEHICLE.
003 CAP VEHICLES......... 999 1,900
Program increase..... [901]
004 CARGO AND UTILITY 35,220 35,220
VEHICLES.
SPECIAL PURPOSE
VEHICLES
005 JOINT LIGHT TACTICAL 60,461 60,461
VEHICLE.
006 SECURITY AND TACTICAL 382 382
VEHICLES.
007 SPECIAL PURPOSE 49,623 49,623
VEHICLES.
FIRE FIGHTING
EQUIPMENT
008 FIRE FIGHTING/CRASH 11,231 11,231
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
009 MATERIALS HANDLING 12,559 12,559
VEHICLES.
BASE MAINTENANCE
SUPPORT
010 RUNWAY SNOW REMOV AND 6,409 6,409
CLEANING EQU.
011 BASE MAINTENANCE 72,012 72,012
SUPPORT VEHICLES.
COMM SECURITY
EQUIPMENT(COMSEC)
013 COMSEC EQUIPMENT..... 96,851 96,851
014 STRATEGIC 467,901 467,901
MICROELECTRONIC
SUPPLY SYSTEM.
INTELLIGENCE PROGRAMS
015 INTERNATIONAL INTEL 7,043 7,043
TECH & ARCHITECTURES.
016 INTELLIGENCE TRAINING 2,424 2,424
EQUIPMENT.
017 INTELLIGENCE COMM 25,308 25,308
EQUIPMENT.
ELECTRONICS PROGRAMS
018 AIR TRAFFIC CONTROL & 65,531 65,531
LANDING SYS.
019 BATTLE CONTROL 1,597 1,597
SYSTEM--FIXED.
020 THEATER AIR CONTROL 9,611 9,611
SYS IMPROVEMEN.
021 3D EXPEDITIONARY LONG- 174,640 167,140
RANGE RADAR.
Program decrease..... [-7,500]
022 WEATHER OBSERVATION 20,658 20,658
FORECAST.
023 STRATEGIC COMMAND AND 93,351 86,220
CONTROL.
Worldwide Joint [-7,131]
Strategic
Communications
realignment of funds.
024 CHEYENNE MOUNTAIN 6,118 6,118
COMPLEX.
025 MISSION PLANNING 13,947 13,947
SYSTEMS.
SPCL COMM-ELECTRONICS
PROJECTS
028 GENERAL INFORMATION 101,517 101,517
TECHNOLOGY.
029 AF GLOBAL COMMAND & 2,487 2,487
CONTROL SYS.
030 BATTLEFIELD AIRBORNE 32,807 32,807
CONTROL NODE (BACN).
[[Page 136 STAT. 3122]]
031 MOBILITY COMMAND AND 10,210 10,210
CONTROL.
035 COMBAT TRAINING 134,213 134,213
RANGES.
036 MINIMUM ESSENTIAL 66,294 66,294
EMERGENCY COMM N.
037 WIDE AREA 29,518 29,518
SURVEILLANCE (WAS).
038 C3 COUNTERMEASURES... 55,324 55,324
040 GCSS-AF FOS.......... 786 786
042 MAINTENANCE REPAIR & 248 248
OVERHAUL INITIATIVE.
043 THEATER BATTLE MGT C2 275 275
SYSTEM.
044 AIR & SPACE 2,611 2,611
OPERATIONS CENTER
(AOC).
AIR FORCE
COMMUNICATIONS
046 BASE INFORMATION 29,791 29,791
TRANSPT INFRAST
(BITI) WIRED.
047 AFNET................ 83,320 83,320
048 JOINT COMMUNICATIONS 5,199 5,199
SUPPORT ELEMENT
(JCSE).
049 USCENTCOM............ 11,896 11,896
050 USSTRATCOM........... 4,619 4,619
ORGANIZATION AND BASE
051 TACTICAL C-E 120,050 120,050
EQUIPMENT.
052 RADIO EQUIPMENT...... 14,053 14,053
054 BASE COMM 91,313 96,363
INFRASTRUCTURE.
NORTHCOM UFR--Long [5,050]
range radar sites
digitilization
upgrades.
MODIFICATIONS
055 COMM ELECT MODS...... 167,419 167,419
CLASSIFIED PROGRAMS
099 CLASSIFIED PROGRAMS.. 89,484 89,484
PERSONAL SAFETY &
RESCUE EQUIP
056 PERSONAL SAFETY AND 92,995 92,995
RESCUE EQUIPMENT.
DEPOT PLANT+MTRLS
HANDLING EQ
057 POWER CONDITIONING 12,199 12,199
EQUIPMENT.
058 MECHANIZED MATERIAL 9,326 9,326
HANDLING EQUIP.
BASE SUPPORT
EQUIPMENT
059 BASE PROCURED 52,890 52,890
EQUIPMENT.
060 ENGINEERING AND EOD 231,552 231,552
EQUIPMENT.
061 MOBILITY EQUIPMENT... 28,758 28,758
062 FUELS SUPPORT 21,740 21,740
EQUIPMENT (FSE).
SPECIAL SUPPORT
PROJECTS
065 DARP RC135........... 28,153 28,153
066 DCGS-AF.............. 217,713 217,713
070 SPECIAL UPDATE 978,499 978,499
PROGRAM.
CLASSIFIED PROGRAMS
099 CLASSIFIED PROGRAMS.. 21,702,225 21,702,225
SPARES AND REPAIR
PARTS
071 SPARES AND REPAIR 1,007 1,007
PARTS (CYBER).
072 SPARES AND REPAIR 23,175 23,175
PARTS.
073 UNDISTRIBUTED........ 189,283
Inflation effects.... [189,283]
TOTAL OTHER 25,691,113 25,871,716
PROCUREMENT, AIR
FORCE.
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, OSD
025 MAJOR EQUIPMENT, DPAA 513 513
050 MAJOR EQUIPMENT, OSD. 64,291 67,291
Project Spectrum..... [3,000]
MAJOR EQUIPMENT, NSA
047 INFORMATION SYSTEMS 6,738 6,738
SECURITY PROGRAM
(ISSP).
MAJOR EQUIPMENT, WHS
054 MAJOR EQUIPMENT, WHS. 310 310
MAJOR EQUIPMENT, DISA
011 INFORMATION SYSTEMS 24,044 24,044
SECURITY.
012 TELEPORT PROGRAM..... 50,475 50,475
013 JOINT FORCES 674 674
HEADQUARTERS--DODIN.
014 ITEMS LESS THAN $5 46,614 46,614
MILLION.
015 DEFENSE INFORMATION 87,345 87,345
SYSTEM NETWORK.
016 WHITE HOUSE 130,145 130,145
COMMUNICATION AGENCY.
017 SENIOR LEADERSHIP 47,864 47,864
ENTERPRISE.
018 JOINT REGIONAL 17,135 10,135
SECURITY STACKS
(JRSS).
Program decrease..... [-7,000]
[[Page 136 STAT. 3123]]
019 JOINT SERVICE 86,183 86,183
PROVIDER.
020 FOURTH ESTATE NETWORK 42,756 42,756
OPTIMIZATION (4ENO).
MAJOR EQUIPMENT, DLA
022 MAJOR EQUIPMENT...... 24,501 24,501
MAJOR EQUIPMENT, DCSA
001 MAJOR EQUIPMENT...... 2,346 2,346
MAJOR EQUIPMENT, TJS
052 MAJOR EQUIPMENT, TJS. 3,900 3,900
MAJOR EQUIPMENT,
MISSILE DEFENSE
AGENCY
030 THAAD................ 74,994 239,994
15 additional THAAD [165,000]
interceptors.
031 GROUND BASED 11,300 11,300
MIDCOURSE.
032 AEGIS BMD............ 402,235 402,235
034 BMDS AN/TPY-2 RADARS. 4,606 4,606
035 SM-3 IIAS............ 337,975 589,975
Production increase.. [252,000]
036 ARROW 3 UPPER TIER 80,000 80,000
SYSTEMS.
037 SHORT RANGE BALLISTIC 40,000 40,000
MISSILE DEFENSE
(SRBMD).
038 DEFENSE OF GUAM 26,514 26,514
PROCUREMENT.
039 AEGIS ASHORE PHASE 30,056 30,056
III.
040 IRON DOME............ 80,000 80,000
041 AEGIS BMD HARDWARE 78,181 78,181
AND SOFTWARE.
MAJOR EQUIPMENT, DHRA
003 PERSONNEL 4,522 4,522
ADMINISTRATION.
MAJOR EQUIPMENT,
DEFENSE THREAT
REDUCTION AGENCY
027 VEHICLES............. 139 139
028 OTHER MAJOR EQUIPMENT 14,296 14,296
MAJOR EQUIPMENT,
DODEA
024 AUTOMATION/ 2,048 2,048
EDUCATIONAL SUPPORT
& LOGISTICS.
MAJOR EQUIPMENT,
DMACT
023 MAJOR EQUIPMENT...... 11,117 11,117
CLASSIFIED PROGRAMS
099 CLASSIFIED PROGRAMS.. 681,894 681,894
AVIATION PROGRAMS
055 ARMED OVERWATCH/ 246,000 246,000
TARGETING.
056 MANNED ISR........... 5,000 5,000
057 MC-12................ 3,344 3,344
059 ROTARY WING UPGRADES 214,575 210,283
AND SUSTAINMENT.
Excess to need....... [-4,292]
060 UNMANNED ISR......... 41,749 41,749
061 NON-STANDARD AVIATION 7,156 7,156
062 U-28................. 4,589 4,589
063 MH-47 CHINOOK........ 133,144 133,144
064 CV-22 MODIFICATION... 75,629 83,215
CV-22 & MC-130J Link- [7,586]
16 TacNet tactical
receiver.
065 MQ-9 UNMANNED AERIAL 9,000 9,000
VEHICLE.
066 PRECISION STRIKE 57,450 57,450
PACKAGE.
067 AC/MC-130J........... 225,569 222,869
Excess to need....... [-2,700]
068 C-130 MODIFICATIONS.. 11,945 16,893
CV-22 & MC-130J Link- [4,948]
16 TacNet tactical
receiver.
SHIPBUILDING
069 UNDERWATER SYSTEMS... 45,631 45,631
AMMUNITION PROGRAMS
070 ORDNANCE ITEMS 151,233 154,938
<$5M.
Maritime Scalable [3,705]
Effects (MSE)
Electronic Warfare
System Acceleration.
OTHER PROCUREMENT
PROGRAMS
071 INTELLIGENCE SYSTEMS. 175,616 219,094
SOCOM Enclosed Spaces [15,000]
Reconnaissance
Collection Suite
(ESRCS).
Stalker VXE Block 30 [28,478]
Vertical Takeoff &
Landing (VTOL)
Acceleration.
072 DISTRIBUTED COMMON 2,214 2,214
GROUND/SURFACE
SYSTEMS.
073 OTHER ITEMS <$5M. 98,096 96,134
Excess to need....... [-1,962]
[[Page 136 STAT. 3124]]
074 COMBATANT CRAFT 85,566 85,566
SYSTEMS.
075 SPECIAL PROGRAMS..... 20,042 249,042
Medium Fixed Wing [229,000]
Recapitalization.
076 TACTICAL VEHICLES.... 51,605 59,605
PB-NSCV.............. [8,000]
077 WARRIOR SYSTEMS 306,846 352,992
<$5M.
AFSOC Force [18,730]
Generation
(AFSOFORGEN)
Tactical
Communications
(TACCOM).
Counter Unmanned [33,553]
Systems (CUxS)
Procurement
Acceleration.
Excess to need....... [-6,137]
078 COMBAT MISSION 4,991 4,991
REQUIREMENTS.
080 OPERATIONAL 18,723 18,723
ENHANCEMENTS
INTELLIGENCE.
081 OPERATIONAL 347,473 358,227
ENHANCEMENTS.
Intelligence, [10,754]
Surveillance, and
Reconnaissance (ISR)
Transceivers
Acceleration.
CBDP
082 CHEMICAL BIOLOGICAL 199,439 192,747
SITUATIONAL
AWARENESS.
Unjustified growth... [-6,692]
083 CB PROTECTION & 187,164 187,164
HAZARD MITIGATION.
084 UNDISTRIBUTED........ 149,308
Inflation effects.... [149,308]
TOTAL PROCUREMENT, 5,245,500 6,145,779
DEFENSE-WIDE.
NATIONAL GUARD AND
RESERVE EQUIPMENT
UNDISTRIBUTED
001 UNDISTRIBUTED........ 50,000
Program increase..... [50,000]
TOTAL NATIONAL GUARD 50,000
AND RESERVE
EQUIPMENT.
TOTAL PROCUREMENT.... 144,219,205 163,148,867
------------------------------------------------------------------------
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
----------------------------------------------------------------------------------------------------------------
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2023 Conference
Line Program Element Item Request Authorized
----------------------------------------------------------------------------------------------------------------
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, ARMY
.................................. BASIC RESEARCH
001 0601102A DEFENSE RESEARCH SCIENCES......... 279,328 345,194
.................................. Basic research increase........... [55,866]
.................................. Counter-UAS technologies.......... [5,000]
.................................. Data exchange system for a secure [5,000]
digital engineering environment.
002 0601103A UNIVERSITY RESEARCH INITIATIVES... 70,775 90,775
.................................. Defense University Research [20,000]
Instrumentation Program.
003 0601104A UNIVERSITY AND INDUSTRY RESEARCH 100,909 109,909
CENTERS.
.................................. Automotive Research Center........ [5,000]
.................................. Biotechnology..................... [4,000]
004 0601121A CYBER COLLABORATIVE RESEARCH 5,355 5,355
ALLIANCE.
005 0601601A ARTIFICIAL INTELLIGENCE AND 10,456 10,456
MACHINE LEARNING BASIC RESEARCH.
.................................. SUBTOTAL BASIC RESEARCH........... 466,823 561,689
..................................
.................................. APPLIED RESEARCH
006 0602002A ARMY AGILE INNOVATION AND 9,534 9,534
DEVELOPMENT-APPLIED RESEARCH.
[[Page 136 STAT. 3125]]
008 0602134A COUNTER IMPROVISED-THREAT ADVANCED 6,192 6,192
STUDIES.
009 0602141A LETHALITY TECHNOLOGY.............. 87,717 117,717
.................................. Collaborative networked armament [25,000]
lethality and fire control.
.................................. Turret gunner survivability and [5,000]
simulation.
010 0602142A ARMY APPLIED RESEARCH............. 27,833 27,833
011 0602143A SOLDIER LETHALITY TECHNOLOGY...... 103,839 138,539
.................................. Advanced textiles and shelters.... [6,000]
.................................. Footwear research................. [4,000]
.................................. Future Force Requirements [5,000]
Experimentation program.
.................................. Pathfinder........................ [10,000]
.................................. Program increase--digital night [9,700]
vision technology.
012 0602144A GROUND TECHNOLOGY................. 52,848 88,848
.................................. Cold and complex environments [9,000]
sensing research.
.................................. Earthen structures soil [2,000]
enhancement.
.................................. High performance polymer [10,000]
composites and coatings.
.................................. High temperature polymeric [5,000]
materials.
.................................. Polar proving ground and training [5,000]
program.
.................................. Unmanned mobility................. [5,000]
013 0602145A NEXT GENERATION COMBAT VEHICLE 174,090 180,090
TECHNOLOGY.
.................................. Structural thermoplastics......... [6,000]
014 0602146A NETWORK C3I TECHNOLOGY............ 64,115 107,615
.................................. AI for position, navigation, and [6,000]
timing.
.................................. Alternative position, navigation, [15,000]
and timing.
.................................. Portable Doppler radar............ [7,500]
.................................. Secure anti-tamper................ [15,000]
015 0602147A LONG RANGE PRECISION FIRES 43,029 79,779
TECHNOLOGY.
.................................. Carbon-carbon high-temperature [5,000]
composites.
.................................. Low cost missile technology [10,000]
development.
.................................. Precision long range integrated [6,750]
strike missile.
.................................. Program increase--aluminum lithium [15,000]
alloy solid rocket advancement.
016 0602148A FUTURE VERTICLE LIFT TECHNOLOGY... 69,348 76,848
.................................. High density eVTOL power source... [7,500]
017 0602150A AIR AND MISSILE DEFENSE TECHNOLOGY 27,016 59,016
.................................. CEMA missile defender............. [12,000]
.................................. Counter-UAS Center of Excellence.. [5,000]
.................................. High energy laser engagement [15,000]
technologies.
018 0602180A ARTIFICIAL INTELLIGENCE AND 16,454 16,454
MACHINE LEARNING TECHNOLOGIES.
019 0602181A ALL DOMAIN CONVERGENCE APPLIED 27,399 27,399
RESEARCH.
020 0602182A C3I APPLIED RESEARCH.............. 27,892 27,892
021 0602183A AIR PLATFORM APPLIED RESEARCH..... 41,588 41,588
022 0602184A SOLDIER APPLIED RESEARCH.......... 15,716 15,716
023 0602213A C3I APPLIED CYBER................. 13,605 13,605
024 0602386A BIOTECHNOLOGY FOR MATERIALS-- 21,919 96,919
APPLIED RESEARCH.
.................................. Tri-Service Biotechnology for a [75,000]
Resilient Supply Chain /
Biotechnology for Materials.
025 0602785A MANPOWER/PERSONNEL/TRAINING 19,649 19,649
TECHNOLOGY.
026 0602787A MEDICAL TECHNOLOGY................ 33,976 33,976
.................................. SUBTOTAL APPLIED RESEARCH......... 883,759 1,185,209
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
027 0603002A MEDICAL ADVANCED TECHNOLOGY....... 5,207 16,907
.................................. CPF--U.S. Army Battlefield [1,700]
Exercise and Combat Related
Traumatic Brain and Spinal Injury
Research.
.................................. Hearing protection for [5,000]
communications.
.................................. Research effects of head-supported [5,000]
mass on cervical spine health.
[[Page 136 STAT. 3126]]
028 0603007A MANPOWER, PERSONNEL AND TRAINING 15,598 15,598
ADVANCED TECHNOLOGY.
029 0603025A ARMY AGILE INNOVATION AND 20,900 20,900
DEMONSTRATION.
030 0603040A ARTIFICIAL INTELLIGENCE AND 6,395 6,395
MACHINE LEARNING ADVANCED
TECHNOLOGIES.
031 0603041A ALL DOMAIN CONVERGENCE ADVANCED 45,463 45,463
TECHNOLOGY.
032 0603042A C3I ADVANCED TECHNOLOGY........... 12,716 12,716
033 0603043A AIR PLATFORM ADVANCED TECHNOLOGY.. 17,946 17,946
034 0603044A SOLDIER ADVANCED TECHNOLOGY....... 479 10,499
.................................. CPF--Advancing Military [2,890]
Exoskeleton Technology State-of-
The-Art Project.
.................................. CPF--Building 2, Doriot Climatic [3,630]
Chambers, Exterior Repair.
.................................. CPF--Small Unit Digital Twin for [3,500]
Robotic and Sensor Systems
Integration.
036 0603116A LETHALITY ADVANCED TECHNOLOGY..... 9,796 9,796
037 0603117A ARMY ADVANCED TECHNOLOGY 134,874 134,874
DEVELOPMENT.
038 0603118A SOLDIER LETHALITY ADVANCED 100,935 105,935
TECHNOLOGY.
.................................. Sensored head-borne suspension [5,000]
systems.
039 0603119A GROUND ADVANCED TECHNOLOGY........ 32,546 68,546
.................................. Additive manufacturing with [15,000]
indigenous materials.
.................................. Cold Regions Research and [10,000]
Engineering Laboratory.
.................................. Graphene-enabled technologies for [5,000]
ground combat operations.
.................................. Printed infrastructure and cold [6,000]
weather construction capabilities.
040 0603134A COUNTER IMPROVISED-THREAT 21,486 21,486
SIMULATION.
041 0603386A BIOTECHNOLOGY FOR MATERIALS-- 56,853 56,853
ADVANCED RESEARCH.
042 0603457A C3I CYBER ADVANCED DEVELOPMENT.... 41,354 41,354
043 0603461A HIGH PERFORMANCE COMPUTING 251,964 301,964
MODERNIZATION PROGRAM.
.................................. Program increase.................. [50,000]
044 0603462A NEXT GENERATION COMBAT VEHICLE 193,242 254,742
ADVANCED TECHNOLOGY.
.................................. Autonomous ground vehicle [5,000]
cybersecurity.
.................................. Combat vehicle hybrid-electric [5,500]
transmissions.
.................................. Digital enterprise technology..... [15,000]
.................................. Electrified vehicle infrared [5,000]
signature management.
.................................. HTPEM APU......................... [10,000]
.................................. Lithium 6T battery development.... [8,000]
.................................. Multi-Service Electro-Optical [3,000]
Signature code modernization.
.................................. Synthetic graphite research....... [10,000]
045 0603463A NETWORK C3I ADVANCED TECHNOLOGY... 125,565 135,565
.................................. PNT situational awareness tools [10,000]
and techniques.
046 0603464A LONG RANGE PRECISION FIRES 100,830 166,230
ADVANCED TECHNOLOGY.
.................................. Autoloader development............ [21,400]
.................................. Extended Range Artillery Munition [5,000]
Suite.
.................................. Hypersonic and strategic materials [20,000]
and structures.
.................................. Maneuvering submunitions.......... [9,000]
.................................. Missile Multi Agent eXtensible [10,000]
Engagement Services (MAXES).
047 0603465A FUTURE VERTICAL LIFT ADVANCED 177,836 179,836
TECHNOLOGY.
.................................. Program increase--Additive [2,000]
manufacturing.
048 0603466A AIR AND MISSILE DEFENSE ADVANCED 11,147 43,147
TECHNOLOGY.
.................................. Counter-Unmanned Aerial Systems [20,000]
Palatized-High Energy Laser.
.................................. Integration of distributed gain [12,000]
HEL laser weapon system.
[[Page 136 STAT. 3127]]
049 0603920A HUMANITARIAN DEMINING............. 8,933 8,933
.................................. SUBTOTAL ADVANCED TECHNOLOGY 1,392,065 1,675,685
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
050 0603305A ARMY MISSLE DEFENSE SYSTEMS 12,001 34,001
INTEGRATION.
.................................. Mobile Solid State High Power [12,000]
Microwave.
.................................. Sensing, Modeling, Analysis, [10,000]
Requirements, and Testing.
051 0603308A ARMY SPACE SYSTEMS INTEGRATION.... 17,945 17,945
053 0603619A LANDMINE WARFARE AND BARRIER--ADV 64,001 64,001
DEV.
054 0603639A TANK AND MEDIUM CALIBER AMMUNITION 64,669 64,669
055 0603645A ARMORED SYSTEM MODERNIZATION--ADV 49,944 87,444
DEV.
.................................. AMPV--Hybrid electric vehicle..... [37,500]
056 0603747A SOLDIER SUPPORT AND SURVIVABILITY. 4,060 4,060
057 0603766A TACTICAL ELECTRONIC SURVEILLANCE 72,314 72,314
SYSTEM--ADV DEV.
058 0603774A NIGHT VISION SYSTEMS ADVANCED 18,048 117,048
DEVELOPMENT.
.................................. IVAS--Army requested realignment [99,000]
from Procurement.
059 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY-- 31,249 38,749
DEM/VAL.
.................................. Underwater Demilitarization of [7,500]
Munitions.
060 0603790A NATO RESEARCH AND DEVELOPMENT..... 3,805 3,805
061 0603801A AVIATION--ADV DEV................. 1,162,344 1,180,484
.................................. Future Long Range Assault Aircraft [23,000]
(FLRAA).
.................................. Unjustified growth--FLRAA MTA [-4,860]
program management.
062 0603804A LOGISTICS AND ENGINEER EQUIPMENT-- 9,638 9,638
ADV DEV.
063 0603807A MEDICAL SYSTEMS--ADV DEV.......... 598 598
064 0603827A SOLDIER SYSTEMS--ADVANCED 25,971 25,971
DEVELOPMENT.
065 0604017A ROBOTICS DEVELOPMENT.............. 26,594 26,594
066 0604019A EXPANDED MISSION AREA MISSILE 220,820 220,820
(EMAM).
067 0604020A CROSS FUNCTIONAL TEAM (CFT) 106,000 106,000
ADVANCED DEVELOPMENT &
PROTOTYPING.
069 0604035A LOW EARTH ORBIT (LEO) SATELLITE 35,509 35,509
CAPABILITY.
070 0604036A MULTI-DOMAIN SENSING SYSTEM (MDSS) 49,932 49,932
ADV DEV.
071 0604037A TACTICAL INTEL TARGETING ACCESS 863 863
NODE (TITAN) ADV DEV.
072 0604100A ANALYSIS OF ALTERNATIVES.......... 10,659 10,659
073 0604101A SMALL UNMANNED AERIAL VEHICLE 1,425 1,425
(SUAV) (6.4).
074 0604113A FUTURE TACTICAL UNMANNED AIRCRAFT 95,719 95,719
SYSTEM (FTUAS).
075 0604114A LOWER TIER AIR MISSILE DEFENSE 382,147 392,147
(LTAMD) SENSOR.
.................................. Program protection................ [10,000]
076 0604115A TECHNOLOGY MATURATION INITIATIVES. 269,756 269,756
077 0604117A MANEUVER--SHORT RANGE AIR DEFENSE 225,147 225,147
(M-SHORAD).
078 0604119A ARMY ADVANCED COMPONENT 198,111 198,111
DEVELOPMENT & PROTOTYPING.
079 0604120A ASSURED POSITIONING, NAVIGATION 43,797 57,797
AND TIMING (PNT).
.................................. ALTNAV--Army UPL.................. [14,000]
080 0604121A SYNTHETIC TRAINING ENVIRONMENT 166,452 219,452
REFINEMENT & PROTOTYPING.
.................................. Program increase (STE live [17,000]
training systems).
[[Page 136 STAT. 3128]]
.................................. SiVT--Army requested realignment [36,000]
from Procurement.
081 0604134A COUNTER IMPROVISED-THREAT 15,840 15,840
DEMONSTRATION, PROTOTYPE
DEVELOPMENT, AND TESTING.
082 0604135A STRATEGIC MID-RANGE FIRES......... 404,291 404,291
083 0604182A HYPERSONICS....................... 173,168 223,168
.................................. National Hypersonic Initiative-- [50,000]
Develop Leap-Ahead Concepts and
Capabilities.
084 0604403A FUTURE INTERCEPTOR................ 8,179 8,179
085 0604531A COUNTER--SMALL UNMANNED AIRCRAFT 35,110 35,110
SYSTEMS ADVANCED DEVELOPMENT.
086 0604541A UNIFIED NETWORK TRANSPORT......... 36,966 36,966
089 0305251A CYBERSPACE OPERATIONS FORCES AND 55,677 55,677
FORCE SUPPORT.
.................................. SUBTOTAL ADVANCED COMPONENT 4,098,749 4,409,889
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
090 0604201A AIRCRAFT AVIONICS................. 3,335 3,335
091 0604270A ELECTRONIC WARFARE DEVELOPMENT.... 4,243 4,243
092 0604601A INFANTRY SUPPORT WEAPONS.......... 66,529 76,529
.................................. Commercial magazine reliability [5,000]
testing.
.................................. Program increase.................. [5,000]
093 0604604A MEDIUM TACTICAL VEHICLES.......... 22,163 22,163
094 0604611A JAVELIN........................... 7,870 7,870
095 0604622A FAMILY OF HEAVY TACTICAL VEHICLES. 50,924 50,924
096 0604633A AIR TRAFFIC CONTROL............... 2,623 2,623
097 0604641A TACTICAL UNMANNED GROUND VEHICLE 115,986 115,986
(TUGV).
098 0604642A LIGHT TACTICAL WHEELED VEHICLES... 10,049
.................................. Electric light recon vehicle--Army [10,049]
UPL.
099 0604645A ARMORED SYSTEMS MODERNIZATION 71,287 68,777
(ASM)--ENG DEV.
.................................. T&E excess to need................ [-2,510]
100 0604710A NIGHT VISION SYSTEMS--ENG DEV..... 62,679 75,951
.................................. IVAS--Army UPL.................... [16,500]
.................................. Night vision device--next ahead of [-3,228]
need.
101 0604713A COMBAT FEEDING, CLOTHING, AND 1,566 1,566
EQUIPMENT.
102 0604715A NON-SYSTEM TRAINING DEVICES--ENG 18,600 18,600
DEV.
103 0604741A AIR DEFENSE COMMAND, CONTROL AND 39,541 35,541
INTELLIGENCE--ENG DEV.
.................................. Program decrease.................. [-4,000]
104 0604742A CONSTRUCTIVE SIMULATION SYSTEMS 29,570 29,570
DEVELOPMENT.
105 0604746A AUTOMATIC TEST EQUIPMENT 5,178 5,178
DEVELOPMENT.
106 0604760A DISTRIBUTIVE INTERACTIVE 8,189 8,189
SIMULATIONS (DIS)--ENG DEV.
109 0604798A BRIGADE ANALYSIS, INTEGRATION AND 21,228 21,228
EVALUATION.
110 0604802A WEAPONS AND MUNITIONS--ENG DEV.... 263,778 259,178
.................................. Program decrease.................. [-4,600]
111 0604804A LOGISTICS AND ENGINEER EQUIPMENT-- 41,669 41,669
ENG DEV.
112 0604805A COMMAND, CONTROL, COMMUNICATIONS 40,038 40,038
SYSTEMS--ENG DEV.
113 0604807A MEDICAL MATERIEL/MEDICAL 5,513 5,513
BIOLOGICAL DEFENSE EQUIPMENT--ENG
DEV.
114 0604808A LANDMINE WARFARE/BARRIER--ENG DEV. 12,150 12,150
115 0604818A ARMY TACTICAL COMMAND & CONTROL 111,690 111,690
HARDWARE & SOFTWARE.
116 0604820A RADAR DEVELOPMENT................. 71,259 71,259
117 0604822A GENERAL FUND ENTERPRISE BUSINESS 10,402 10,402
SYSTEM (GFEBS).
119 0604827A SOLDIER SYSTEMS--WARRIOR DEM/VAL.. 11,425 11,425
[[Page 136 STAT. 3129]]
120 0604852A SUITE OF SURVIVABILITY ENHANCEMENT 109,702 109,702
SYSTEMS--EMD.
121 0604854A ARTILLERY SYSTEMS--EMD............ 23,106 23,106
122 0605013A INFORMATION TECHNOLOGY DEVELOPMENT 124,475 109,475
.................................. Army contract writing system...... [-15,000]
123 0605018A INTEGRATED PERSONNEL AND PAY 67,564 53,373
SYSTEM-ARMY (IPPS-A).
.................................. Unjustified growth................ [-14,191]
125 0605030A JOINT TACTICAL NETWORK CENTER 17,950 17,950
(JTNC).
126 0605031A JOINT TACTICAL NETWORK (JTN)...... 30,169 30,169
128 0605035A COMMON INFRARED COUNTERMEASURES 11,523 11,523
(CIRCM).
130 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT.. 33,029 33,029
131 0605042A TACTICAL NETWORK RADIO SYSTEMS 4,497 4,497
(LOW-TIER).
132 0605047A CONTRACT WRITING SYSTEM........... 23,487 13,742
.................................. Unjustified growth................ [-9,745]
133 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT 19,123 19,123
134 0605052A INDIRECT FIRE PROTECTION 131,093 131,093
CAPABILITY INC 2--BLOCK 1.
135 0605053A GROUND ROBOTICS................... 26,809 26,809
136 0605054A EMERGING TECHNOLOGY INITIATIVES... 185,311 190,311
.................................. Palletized high energy laser...... [5,000]
137 0605143A BIOMETRICS ENABLING CAPABILITY 11,091 11,091
(BEC).
138 0605144A NEXT GENERATION LOAD DEVICE-- 22,439 22,439
MEDIUM.
140 0605148A TACTICAL INTEL TARGETING ACCESS 58,087 108,987
NODE (TITAN) EMD.
.................................. TITAN realignment of funds........ [50,900]
141 0605203A ARMY SYSTEM DEVELOPMENT & 119,516 143,616
DEMONSTRATION.
.................................. CYBERCOM UPL--JCWA integration.... [24,100]
142 0605205A SMALL UNMANNED AERIAL VEHICLE 6,530 6,530
(SUAV) (6.5).
143 0605224A MULTI-DOMAIN INTELLIGENCE......... 19,911 19,911
145 0605231A PRECISION STRIKE MISSILE (PRSM)... 259,506 259,506
146 0605232A HYPERSONICS EMD................... 633,499 633,499
147 0605233A ACCESSIONS INFORMATION ENVIRONMENT 13,647 10,088
(AIE).
.................................. Carryover......................... [-3,559]
148 0605235A STRATEGIC MID-RANGE CAPABILITY.... 5,016 5,016
149 0605236A INTEGRATED TACTICAL COMMUNICATIONS 12,447 12,447
150 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) 2,366 2,366
151 0605457A ARMY INTEGRATED AIR AND MISSILE 265,288 259,288
DEFENSE (AIAMD).
.................................. Kill chain automation............. [2,000]
.................................. Program decrease.................. [-8,000]
152 0605531A COUNTER--SMALL UNMANNED AIRCRAFT 14,892 14,892
SYSTEMS SYS DEV & DEMONSTRATION.
153 0605625A MANNED GROUND VEHICLE............. 589,762 577,807
.................................. Excess to need.................... [-11,955]
154 0605766A NATIONAL CAPABILITIES INTEGRATION 17,030 17,030
(MIP).
155 0605812A JOINT LIGHT TACTICAL VEHICLE 9,376 9,376
(JLTV) ENGINEERING AND
MANUFACTURING DEVELOPMENT PH.
156 0605830A AVIATION GROUND SUPPORT EQUIPMENT. 2,959 2,959
157 0303032A TROJAN--RH12...................... 3,761 3,761
160 0304270A ELECTRONIC WARFARE DEVELOPMENT.... 56,938 99,838
.................................. Realignment of funds.............. [38,000]
.................................. Service Tactical SIGINT Upgrades-- [4,900]
INDOPACOM UPL.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 4,031,334 4,115,995
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
161 0604256A THREAT SIMULATOR DEVELOPMENT...... 18,437 18,437
162 0604258A TARGET SYSTEMS DEVELOPMENT........ 19,132 29,132
.................................. Small UAS engine development...... [10,000]
[[Page 136 STAT. 3130]]
163 0604759A MAJOR T&E INVESTMENT.............. 107,706 107,706
164 0605103A RAND ARROYO CENTER................ 35,542 35,542
165 0605301A ARMY KWAJALEIN ATOLL.............. 309,005 309,005
166 0605326A CONCEPTS EXPERIMENTATION PROGRAM.. 87,122 87,122
168 0605601A ARMY TEST RANGES AND FACILITIES... 401,643 401,643
169 0605602A ARMY TECHNICAL TEST 37,962 57,962
INSTRUMENTATION AND TARGETS.
.................................. Rapid Assurance Modernization [20,000]
Program-Test (RAMP-T).
170 0605604A SURVIVABILITY/LETHALITY ANALYSIS.. 36,500 36,500
171 0605606A AIRCRAFT CERTIFICATION............ 2,777 2,777
172 0605702A METEOROLOGICAL SUPPORT TO RDT&E 6,958 6,958
ACTIVITIES.
173 0605706A MATERIEL SYSTEMS ANALYSIS......... 22,037 22,037
174 0605709A EXPLOITATION OF FOREIGN ITEMS..... 6,186 6,186
175 0605712A SUPPORT OF OPERATIONAL TESTING.... 70,718 70,718
176 0605716A ARMY EVALUATION CENTER............ 67,058 67,058
177 0605718A ARMY MODELING & SIM X-CMD 6,097 6,097
COLLABORATION & INTEG.
178 0605801A PROGRAMWIDE ACTIVITIES............ 89,793 89,793
179 0605803A TECHNICAL INFORMATION ACTIVITIES.. 28,752 28,752
180 0605805A MUNITIONS STANDARDIZATION, 48,316 53,316
EFFECTIVENESS AND SAFETY.
.................................. Agile Manufacturing for Advanced [5,000]
Armament Systems.
181 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY 1,912 1,912
MGMT SUPPORT.
182 0605898A ARMY DIRECT REPORT HEADQUARTERS-- 53,271 53,271
R&D - MHA.
183 0606002A RONALD REAGAN BALLISTIC MISSILE 90,088 90,088
DEFENSE TEST SITE.
184 0606003A COUNTERINTEL AND HUMAN INTEL 1,424 1,424
MODERNIZATION.
186 0606942A ASSESSMENTS AND EVALUATIONS CYBER 5,816 5,816
VULNERABILITIES.
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 1,554,252 1,589,252
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
188 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM.. 18,463 18,463
189 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT.... 9,284 9,284
190 0607131A WEAPONS AND MUNITIONS PRODUCT 11,674 16,674
IMPROVEMENT PROGRAMS.
.................................. Materials improvements............ [5,000]
193 0607137A CHINOOK PRODUCT IMPROVEMENT 52,513 67,513
PROGRAM.
.................................. Chinook 714C engine upgrade....... [15,000]
194 0607139A IMPROVED TURBINE ENGINE PROGRAM... 228,036 228,036
195 0607142A AVIATION ROCKET SYSTEM PRODUCT 11,312 11,312
IMPROVEMENT AND DEVELOPMENT.
196 0607143A UNMANNED AIRCRAFT SYSTEM UNIVERSAL 512 512
PRODUCTS.
197 0607145A APACHE FUTURE DEVELOPMENT......... 10,074 20,074
.................................. Program increase.................. [10,000]
198 0607148A AN/TPQ-53 COUNTERFIRE TARGET 62,559 62,559
ACQUISITION RADAR SYSTEM.
199 0607150A INTEL CYBER DEVELOPMENT........... 13,343 13,343
200 0607312A ARMY OPERATIONAL SYSTEMS 26,131 26,131
DEVELOPMENT.
201 0607313A ELECTRONIC WARFARE DEVELOPMENT.... 6,432 6,432
202 0607665A FAMILY OF BIOMETRICS.............. 1,114 1,114
203 0607865A PATRIOT PRODUCT IMPROVEMENT....... 152,312 152,312
204 0203728A JOINT AUTOMATED DEEP OPERATION 19,329 19,329
COORDINATION SYSTEM (JADOCS).
205 0203735A COMBAT VEHICLE IMPROVEMENT 192,310 294,510
PROGRAMS.
.................................. Abrams modernization.............. [97,200]
.................................. Auxiliary power unit development.. [5,000]
206 0203743A 155MM SELF-PROPELLED HOWITZER 136,680 134,680
IMPROVEMENTS.
.................................. Maintain program management level [-2,000]
of effort.
[[Page 136 STAT. 3131]]
208 0203752A AIRCRAFT ENGINE COMPONENT 148 148
IMPROVEMENT PROGRAM.
209 0203758A DIGITIZATION...................... 2,100 0
.................................. Carryover......................... [-2,100]
210 0203801A MISSILE/AIR DEFENSE PRODUCT 3,109 3,109
IMPROVEMENT PROGRAM.
211 0203802A OTHER MISSILE PRODUCT IMPROVEMENT 9,027 9,027
PROGRAMS.
212 0205412A ENVIRONMENTAL QUALITY TECHNOLOGY-- 793 793
OPERATIONAL SYSTEM DEV.
213 0205778A GUIDED MULTIPLE-LAUNCH ROCKET 20,180 20,180
SYSTEM (GMLRS).
214 0208053A JOINT TACTICAL GROUND SYSTEM...... 8,813 8,813
217 0303140A INFORMATION SYSTEMS SECURITY 17,209 17,209
PROGRAM.
218 0303141A GLOBAL COMBAT SUPPORT SYSTEM...... 27,100 27,100
219 0303142A SATCOM GROUND ENVIRONMENT (SPACE). 18,321 18,321
222 0305179A INTEGRATED BROADCAST SERVICE (IBS) 9,926 9,926
223 0305204A TACTICAL UNMANNED AERIAL VEHICLES. 4,500 4,500
224 0305206A AIRBORNE RECONNAISSANCE SYSTEMS... 17,165 17,165
227 0708045A END ITEM INDUSTRIAL PREPAREDNESS 91,270 91,270
ACTIVITIES.
9999 9999999999 CLASSIFIED PROGRAMS............... 6,664 6,664
.................................. SUBTOTAL OPERATIONAL SYSTEMS 1,188,403 1,316,503
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
228 0608041A DEFENSIVE CYBER--SOFTWARE 94,888 94,888
PROTOTYPE DEVELOPMENT.
.................................. SUBTOTAL SOFTWARE AND DIGITAL 94,888 94,888
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. UNDISTRIBUTED
999 99999999 UNDISTRIBUTED..................... 395,627
.................................. Inflation effects................. [395,627]
.................................. SUBTOTAL UNDISTRIBUTED............ 395,627
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 13,710,273 15,344,737
& EVAL, ARMY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, NAVY
.................................. BASIC RESEARCH
001 0601103N UNIVERSITY RESEARCH INITIATIVES... 90,076 204,700
.................................. All-digital arrays for long- [9,800]
distance applications.
.................................. Program increase.................. [99,824]
.................................. Program increase--artificial [5,000]
intelligence maritime maneuvering.
003 0601153N DEFENSE RESEARCH SCIENCES......... 499,116 529,116
.................................. Basic research increase........... [30,000]
.................................. SUBTOTAL BASIC RESEARCH........... 589,192 733,816
..................................
.................................. APPLIED RESEARCH
004 0602114N POWER PROJECTION APPLIED RESEARCH. 22,953 22,953
005 0602123N FORCE PROTECTION APPLIED RESEARCH. 133,426 192,926
.................................. Cavitation erosion prevention..... [5,000]
.................................. CPF--Resilient Autonomous Systems [4,000]
Research and Workforce Diversity.
.................................. CPF--Talent and Technology for [3,000]
Navy Power and Energy Systems.
.................................. Direct air capture and carbon [10,000]
removal technology program.
.................................. Energy resilience research [3,000]
collaboration.
.................................. Intelligent Data Management for [10,500]
Distributed Naval Platforms.
.................................. Relative positioning of autonomous [5,000]
platforms.
[[Page 136 STAT. 3132]]
.................................. Resilient Autonomous Systems [8,500]
Research & Workforce Diversity.
.................................. Workforce and technology for Navy [10,500]
power and energy systems.
006 0602131M MARINE CORPS LANDING FORCE 53,467 63,967
TECHNOLOGY.
.................................. CPF--Unmanned Logistics Solutions [3,000]
for the U.S. Marine Corps.
.................................. Unmanned logistics solutions...... [7,500]
007 0602235N COMMON PICTURE APPLIED RESEARCH... 51,911 51,911
008 0602236N WARFIGHTER SUSTAINMENT APPLIED 70,957 80,957
RESEARCH.
.................................. Anti-corrosion coatings........... [10,000]
009 0602271N ELECTROMAGNETIC SYSTEMS APPLIED 92,444 107,444
RESEARCH.
.................................. Chip Scale Open Architecture...... [15,000]
010 0602435N OCEAN WARFIGHTING ENVIRONMENT 74,622 84,622
APPLIED RESEARCH.
.................................. Undersea distributed sensing [10,000]
systems.
011 0602651M JOINT NON-LETHAL WEAPONS APPLIED 6,700 6,700
RESEARCH.
012 0602747N UNDERSEA WARFARE APPLIED RESEARCH. 58,111 87,111
.................................. CPF--Persistent Maritime [4,000]
Surveillance.
.................................. Dual-modality research vessels.... [2,000]
.................................. Undersea vehicle technology [20,000]
partnerships.
.................................. UUV research...................... [3,000]
013 0602750N FUTURE NAVAL CAPABILITIES APPLIED 173,641 177,141
RESEARCH.
.................................. Program increase.................. [3,500]
014 0602782N MINE AND EXPEDITIONARY WARFARE 31,649 31,649
APPLIED RESEARCH.
015 0602792N INNOVATIVE NAVAL PROTOTYPES (INP) 120,637 146,237
APPLIED RESEARCH.
.................................. Navy UFR--Alternative CONOPS [25,600]
Goalkeeper.
016 0602861N SCIENCE AND TECHNOLOGY MANAGEMENT-- 81,296 81,296
ONR FIELD ACITIVITIES.
.................................. SUBTOTAL APPLIED RESEARCH......... 971,814 1,134,914
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
017 0603123N FORCE PROTECTION ADVANCED 16,933 16,933
TECHNOLOGY.
018 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED 8,253 8,253
TECHNOLOGY.
019 0603640M USMC ADVANCED TECHNOLOGY 280,285 316,685
DEMONSTRATION (ATD).
.................................. Low-cost attritable aircraft [25,000]
technology.
.................................. Program increase.................. [4,600]
.................................. Program increase--K-MAX next [6,800]
generation autonomous logistics
UAS.
020 0603651M JOINT NON-LETHAL WEAPONS 14,048 14,048
TECHNOLOGY DEVELOPMENT.
021 0603673N FUTURE NAVAL CAPABILITIES ADVANCED 251,267 251,267
TECHNOLOGY DEVELOPMENT.
022 0603680N MANUFACTURING TECHNOLOGY PROGRAM.. 60,704 60,704
023 0603729N WARFIGHTER PROTECTION ADVANCED 4,999 4,999
TECHNOLOGY.
024 0603758N NAVY WARFIGHTING EXPERIMENTS AND 83,137 83,137
DEMONSTRATIONS.
025 0603782N MINE AND EXPEDITIONARY WARFARE 2,007 2,007
ADVANCED TECHNOLOGY.
026 0603801N INNOVATIVE NAVAL PROTOTYPES (INP) 144,122 210,422
ADVANCED TECHNOLOGY DEVELOPMENT.
.................................. Navy UFR--Alternative CONOPS [61,300]
Goalkeeper.
.................................. Scalable laser weapon system...... [5,000]
.................................. SUBTOTAL ADVANCED TECHNOLOGY 865,755 968,455
DEVELOPMENT.
..................................
[[Page 136 STAT. 3133]]
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
027 0603128N UNMANNED AERIAL SYSTEM............ 96,883 96,883
028 0603178N LARGE UNMANNED SURFACE VEHICLES 146,840 146,840
(LUSV).
029 0603207N AIR/OCEAN TACTICAL APPLICATIONS... 39,737 39,737
030 0603216N AVIATION SURVIVABILITY............ 17,434 17,434
031 0603239N NAVAL CONSTRUCTION FORCES......... 1,706 1,706
033 0603254N ASW SYSTEMS DEVELOPMENT........... 15,986 15,986
034 0603261N TACTICAL AIRBORNE RECONNAISSANCE.. 3,562 3,562
035 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY 18,628 65,828
.................................. Data dissemination and [6,500]
interoperability.
.................................. Navy UFR--Alternative CONOPS [40,700]
Goalkeeper.
036 0603502N SURFACE AND SHALLOW WATER MINE 87,825 87,825
COUNTERMEASURES.
037 0603506N SURFACE SHIP TORPEDO DEFENSE...... 473 473
038 0603512N CARRIER SYSTEMS DEVELOPMENT....... 11,567 11,567
039 0603525N PILOT FISH........................ 672,461 672,461
040 0603527N RETRACT LARCH..................... 7,483 7,483
041 0603536N RETRACT JUNIPER................... 239,336 239,336
042 0603542N RADIOLOGICAL CONTROL.............. 772 772
043 0603553N SURFACE ASW....................... 1,180 1,180
044 0603561N ADVANCED SUBMARINE SYSTEM 105,703 110,703
DEVELOPMENT.
.................................. Program increase.................. [5,000]
045 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS 10,917 10,917
046 0603563N SHIP CONCEPT ADVANCED DESIGN...... 82,205 90,205
.................................. Additive Manufacturing in Ship [4,000]
Advanced Concept Design.
.................................. Advance LAW development........... [4,000]
047 0603564N SHIP PRELIMINARY DESIGN & 75,327 75,327
FEASIBILITY STUDIES.
048 0603570N ADVANCED NUCLEAR POWER SYSTEMS.... 227,400 227,400
049 0603573N ADVANCED SURFACE MACHINERY SYSTEMS 176,600 197,200
.................................. Lithium Iron Phosphate Batteries [9,000]
Integration.
.................................. Silicon carbide power modules..... [11,600]
050 0603576N CHALK EAGLE....................... 91,584 91,584
051 0603581N LITTORAL COMBAT SHIP (LCS)........ 96,444 96,444
052 0603582N COMBAT SYSTEM INTEGRATION......... 18,236 18,236
053 0603595N OHIO REPLACEMENT.................. 335,981 350,981
.................................. Rapid realization of composites [15,000]
for wet submarine application.
054 0603596N LCS MISSION MODULES............... 41,533 48,533
.................................. Mine Countermeasures Mission [7,000]
Package Capacity and Wholeness--
Navy UPL.
055 0603597N AUTOMATED TEST AND RE-TEST (ATRT). 9,773 9,773
056 0603599N FRIGATE DEVELOPMENT............... 118,626 115,626
.................................. Prior year underexecution......... [-3,000]
057 0603609N CONVENTIONAL MUNITIONS............ 9,286 9,286
058 0603635M MARINE CORPS GROUND COMBAT/SUPPORT 111,431 111,431
SYSTEM.
059 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE 36,496 36,496
DEVELOPMENT.
060 0603713N OCEAN ENGINEERING TECHNOLOGY 6,193 6,193
DEVELOPMENT.
061 0603721N ENVIRONMENTAL PROTECTION.......... 21,647 21,647
062 0603724N NAVY ENERGY PROGRAM............... 60,320 70,320
.................................. Marine energy systems............. [10,000]
063 0603725N FACILITIES IMPROVEMENT............ 5,664 5,664
064 0603734N CHALK CORAL....................... 833,634 833,634
065 0603739N NAVY LOGISTIC PRODUCTIVITY........ 899 899
066 0603746N RETRACT MAPLE..................... 363,973 363,973
067 0603748N LINK PLUMERIA..................... 1,038,661 1,038,661
068 0603751N RETRACT ELM....................... 83,445 83,445
069 0603764M LINK EVERGREEN.................... 313,761 313,761
070 0603790N NATO RESEARCH AND DEVELOPMENT..... 8,041 8,041
071 0603795N LAND ATTACK TECHNOLOGY............ 358 358
[[Page 136 STAT. 3134]]
072 0603851M JOINT NON-LETHAL WEAPONS TESTING.. 30,533 30,533
073 0603860N JOINT PRECISION APPROACH AND 18,628 18,628
LANDING SYSTEMS--DEM/VAL.
074 0603925N DIRECTED ENERGY AND ELECTRIC 65,080 65,080
WEAPON SYSTEMS.
075 0604014N F/A -18 INFRARED SEARCH AND TRACK 40,069 40,069
(IRST).
076 0604027N DIGITAL WARFARE OFFICE............ 165,753 165,753
077 0604028N SMALL AND MEDIUM UNMANNED UNDERSEA 106,347 106,347
VEHICLES.
078 0604029N UNMANNED UNDERSEA VEHICLE CORE 60,697 60,697
TECHNOLOGIES.
079 0604030N RAPID PROTOTYPING, EXPERIMENTATION 57,000 57,000
AND DEMONSTRATION..
081 0604112N GERALD R. FORD CLASS NUCLEAR 116,498 116,498
AIRCRAFT CARRIER (CVN 78--80).
082 0604126N LITTORAL AIRBORNE MCM............. 47,389 47,389
083 0604127N SURFACE MINE COUNTERMEASURES...... 12,959 12,959
084 0604272N TACTICAL AIR DIRECTIONAL INFRARED 15,028 39,028
COUNTERMEASURES (TADIRCM).
.................................. Program increase--distributed [24,000]
aperture infrared countermeasure
system.
085 0604289M NEXT GENERATION LOGISTICS......... 2,342 2,342
086 0604292N FUTURE VERTICAL LIFT (MARITIME 5,103 5,103
STRIKE).
087 0604320M RAPID TECHNOLOGY CAPABILITY 62,927 62,927
PROTOTYPE.
088 0604454N LX (R)............................ 26,630 24,116
.................................. Historical underexecution......... [-2,514]
089 0604536N ADVANCED UNDERSEA PROTOTYPING..... 116,880 116,880
090 0604636N COUNTER UNMANNED AIRCRAFT SYSTEMS 7,438 7,438
(C-UAS).
091 0604659N PRECISION STRIKE WEAPONS 84,734 109,734
DEVELOPMENT PROGRAM.
.................................. Research and development for a [25,000]
nuclear-capable sea-launched
cruise missile.
092 0604707N SPACE AND ELECTRONIC WARFARE (SEW) 10,229 10,229
ARCHITECTURE/ENGINEERING SUPPORT.
093 0604786N OFFENSIVE ANTI-SURFACE WARFARE 124,204 237,785
WEAPON DEVELOPMENT.
.................................. Navy requested transfer from WPN [46,481]
line 8.
.................................. Navy UFR--Hypersonic OASuW Inc 2.. [67,100]
094 0605512N MEDIUM UNMANNED SURFACE VEHICLES 104,000 104,000
(MUSVS)).
095 0605513N UNMANNED SURFACE VEHICLE ENABLING 181,620 181,620
CAPABILITIES.
096 0605514M GROUND BASED ANTI-SHIP MISSILE.... 43,090 93,090
.................................. Defense Industrial Base (DIB) [50,000]
Expansion for Harpoon Missiles.
097 0605516M LONG RANGE FIRES.................. 36,693 36,693
098 0605518N CONVENTIONAL PROMPT STRIKE (CPS).. 1,205,041 1,225,041
.................................. Full-Scale Rapid CPS Flight Tests. [20,000]
099 0303354N ASW SYSTEMS DEVELOPMENT--MIP...... 9,856 9,856
100 0304240M ADVANCED TACTICAL UNMANNED 1,735 1,735
AIRCRAFT SYSTEM.
101 0304270N ELECTRONIC WARFARE DEVELOPMENT-- 796 796
MIP.
.................................. SUBTOTAL ADVANCED COMPONENT 8,405,310 8,745,177
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
102 0603208N TRAINING SYSTEM AIRCRAFT.......... 15,128 15,128
103 0604038N MARITIME TARGETING CELL........... 39,600 89,600
.................................. Family of Integrated Targeting [50,000]
Cells (FITC).
104 0604212N OTHER HELO DEVELOPMENT............ 66,010 66,010
105 0604214M AV-8B AIRCRAFT--ENG DEV........... 9,205 9,205
106 0604215N STANDARDS DEVELOPMENT............. 3,766 3,766
107 0604216N MULTI-MISSION HELICOPTER UPGRADE 44,684 44,684
DEVELOPMENT.
108 0604221N P-3 MODERNIZATION PROGRAM......... 343 343
[[Page 136 STAT. 3135]]
109 0604230N WARFARE SUPPORT SYSTEM............ 12,337 12,337
110 0604231N COMMAND AND CONTROL SYSTEMS....... 143,575 143,575
111 0604234N ADVANCED HAWKEYE.................. 502,956 482,956
.................................. Program decrease.................. [-20,000]
112 0604245M H-1 UPGRADES...................... 43,759 43,759
113 0604261N ACOUSTIC SEARCH SENSORS........... 50,231 50,231
114 0604262N V-22A............................. 125,233 125,233
115 0604264N AIR CREW SYSTEMS DEVELOPMENT...... 43,282 43,282
116 0604269N EA-18............................. 116,589 116,589
117 0604270N ELECTRONIC WARFARE DEVELOPMENT.... 141,138 141,138
118 0604273M EXECUTIVE HELO DEVELOPMENT........ 45,645 45,645
119 0604274N NEXT GENERATION JAMMER (NGJ)...... 54,679 54,679
120 0604280N JOINT TACTICAL RADIO SYSTEM--NAVY 329,787 326,587
(JTRS-NAVY).
.................................. Program decrease.................. [-3,200]
121 0604282N NEXT GENERATION JAMMER (NGJ) 301,737 151,737
INCREMENT II.
.................................. Program delay..................... [-150,000]
122 0604307N SURFACE COMBATANT COMBAT SYSTEM 347,233 336,705
ENGINEERING.
.................................. Historical underexecution......... [-10,528]
124 0604329N SMALL DIAMETER BOMB (SDB)......... 42,881 42,881
125 0604366N STANDARD MISSILE IMPROVEMENTS..... 319,943 319,943
126 0604373N AIRBORNE MCM...................... 10,882 10,882
127 0604378N NAVAL INTEGRATED FIRE CONTROL-- 45,892 45,892
COUNTER AIR SYSTEMS ENGINEERING.
128 0604419N ADVANCED SENSORS APPLICATION 13,000
PROGRAM (ASAP).
.................................. Program increase.................. [13,000]
129 0604501N ADVANCED ABOVE WATER SENSORS...... 81,254 72,917
.................................. Historical underexecution......... [-8,337]
130 0604503N SSN-688 AND TRIDENT MODERNIZATION. 93,501 93,501
131 0604504N AIR CONTROL....................... 39,138 39,138
132 0604512N SHIPBOARD AVIATION SYSTEMS........ 11,759 11,759
133 0604518N COMBAT INFORMATION CENTER 11,160 11,160
CONVERSION.
134 0604522N AIR AND MISSILE DEFENSE RADAR 87,459 87,459
(AMDR) SYSTEM.
135 0604530N ADVANCED ARRESTING GEAR (AAG)..... 151 151
136 0604558N NEW DESIGN SSN.................... 307,585 496,485
.................................. Advanced undersea capability [188,900]
development.
137 0604562N SUBMARINE TACTICAL WARFARE SYSTEM. 58,741 58,741
138 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE 60,791 60,791
T&E.
139 0604574N NAVY TACTICAL COMPUTER RESOURCES.. 4,177 4,177
140 0604601N MINE DEVELOPMENT.................. 60,793 117,893
.................................. INDOPACOM UFR--Hammerhead......... [47,500]
.................................. INDOPACOM/Navy UFR--Sea Urchin [10,000]
powered quickstrike mines.
141 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT... 142,000 140,111
.................................. Project 2234 historical [-1,889]
underexecution.
142 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE 8,618 8,618
DEVELOPMENT.
143 0604657M USMC GROUND COMBAT/SUPPORTING ARMS 45,025 45,025
SYSTEMS--ENG DEV.
144 0604703N PERSONNEL, TRAINING, SIMULATION, 7,454 7,454
AND HUMAN FACTORS.
145 0604727N JOINT STANDOFF WEAPON SYSTEMS..... 758 758
146 0604755N SHIP SELF DEFENSE (DETECT & 159,426 159,426
CONTROL).
147 0604756N SHIP SELF DEFENSE (ENGAGE: HARD 71,818 71,818
KILL).
148 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT 92,687 92,687
KILL/EW).
149 0604761N INTELLIGENCE ENGINEERING.......... 23,742 23,742
150 0604771N MEDICAL DEVELOPMENT............... 3,178 3,178
151 0604777N NAVIGATION/ID SYSTEM.............. 53,209 53,209
152 0604800M JOINT STRIKE FIGHTER (JSF)--EMD... 611 611
153 0604800N JOINT STRIKE FIGHTER (JSF)--EMD... 234 234
154 0604850N SSN(X)............................ 143,949 143,949
155 0605013M INFORMATION TECHNOLOGY DEVELOPMENT 11,361 11,361
156 0605013N INFORMATION TECHNOLOGY DEVELOPMENT 290,353 298,103
[[Page 136 STAT. 3136]]
.................................. Cyber supply chain risk management [5,000]
.................................. High performance data analytics... [2,750]
157 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT.... 7,271 7,271
158 0605180N TACAMO MODERNIZATION.............. 554,193 554,193
159 0605212M CH-53K RDTE....................... 220,240 224,240
.................................. CPF--High-Energy Density and High- [4,000]
Power Density Li-Ion Battery
Magazines (HEBM) in Defense
Applications.
160 0605215N MISSION PLANNING.................. 71,107 71,107
161 0605217N COMMON AVIONICS................... 77,960 77,960
162 0605220N SHIP TO SHORE CONNECTOR (SSC)..... 2,886 10,106
.................................. Program increase.................. [7,220]
163 0605327N T-AO 205 CLASS.................... 220 220
164 0605414N UNMANNED CARRIER AVIATION (UCA)... 265,646 265,646
165 0605450M JOINT AIR-TO-GROUND MISSILE (JAGM) 371 371
166 0605500N MULTI-MISSION MARITIME AIRCRAFT 37,939 37,939
(MMA).
167 0605504N MULTI-MISSION MARITIME (MMA) 161,697 161,697
INCREMENT III.
168 0605611M MARINE CORPS ASSAULT VEHICLES 94,569 94,569
SYSTEM DEVELOPMENT &
DEMONSTRATION.
169 0605813M JOINT LIGHT TACTICAL VEHICLE 2,856 2,856
(JLTV) SYSTEM DEVELOPMENT &
DEMONSTRATION.
170 0204202N DDG-1000.......................... 197,436 184,674
.................................. Prior year underexecution......... [-12,762]
171 0301377N COUNTERING ADVANCED CONVENTIONAL 12,341 22,341
WEAPONS (CACW).
.................................. Threat Mosaic Warfare............. [10,000]
175 0304785N ISR & INFO OPERATIONS............. 135,366 135,366
176 0306250M CYBER OPERATIONS TECHNOLOGY 37,038 37,038
DEVELOPMENT.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 6,606,583 6,738,237
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
177 0604256N THREAT SIMULATOR DEVELOPMENT...... 29,430 29,430
178 0604258N TARGET SYSTEMS DEVELOPMENT........ 13,708 13,708
179 0604759N MAJOR T&E INVESTMENT.............. 95,316 95,316
180 0605152N STUDIES AND ANALYSIS SUPPORT--NAVY 3,286 3,286
181 0605154N CENTER FOR NAVAL ANALYSES......... 40,624 40,624
183 0605804N TECHNICAL INFORMATION SERVICES.... 987 987
184 0605853N MANAGEMENT, TECHNICAL & 105,152 105,152
INTERNATIONAL SUPPORT.
185 0605856N STRATEGIC TECHNICAL SUPPORT....... 3,787 3,787
186 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT... 173,352 173,352
187 0605864N TEST AND EVALUATION SUPPORT....... 468,281 468,281
188 0605865N OPERATIONAL TEST AND EVALUATION 27,808 27,808
CAPABILITY.
189 0605866N NAVY SPACE AND ELECTRONIC WARFARE 27,175 27,175
(SEW) SUPPORT.
190 0605867N SEW SURVEILLANCE/RECONNAISSANCE 7,186 7,186
SUPPORT.
191 0605873M MARINE CORPS PROGRAM WIDE SUPPORT. 39,744 39,744
192 0605898N MANAGEMENT HQ--R&D................ 40,648 40,648
193 0606355N WARFARE INNOVATION MANAGEMENT..... 52,060 52,060
194 0305327N INSIDER THREAT.................... 2,315 2,315
195 0902498N MANAGEMENT HEADQUARTERS 1,811 1,811
(DEPARTMENTAL SUPPORT ACTIVITIES).
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 1,132,670 1,132,670
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
198 0603273N SCIENCE & TECHNOLOGY FOR NUCLEAR 65,735 65,735
RE-ENTRY SYSTEMS.
201 0604840M F-35 C2D2......................... 525,338 525,338
202 0604840N F-35 C2D2......................... 491,513 491,513
203 0605520M MARINE CORPS AIR DEFENSE WEAPONS 48,663 48,663
SYSTEMS.
[[Page 136 STAT. 3137]]
204 0607658N COOPERATIVE ENGAGEMENT CAPABILITY 156,121 156,121
(CEC).
205 0101221N STRATEGIC SUB & WEAPONS SYSTEM 284,502 304,502
SUPPORT.
.................................. D5LE2 Risk Reduction.............. [20,000]
206 0101224N SSBN SECURITY TECHNOLOGY PROGRAM.. 50,939 50,939
207 0101226N SUBMARINE ACOUSTIC WARFARE 81,237 86,237
DEVELOPMENT.
.................................. Program increase.................. [5,000]
208 0101402N NAVY STRATEGIC COMMUNICATIONS..... 49,424 49,424
209 0204136N F/A-18 SQUADRONS.................. 238,974 235,860
.................................. Historical underexecution......... [-7,114]
.................................. Jet noise reduction............... [4,000]
210 0204228N SURFACE SUPPORT................... 12,197 12,197
211 0204229N TOMAHAWK AND TOMAHAWK MISSION 132,719 132,719
PLANNING CENTER (TMPC).
212 0204311N INTEGRATED SURVEILLANCE SYSTEM.... 68,417 82,917
.................................. Deployable Surveillance System, [14,500]
Deep Water Active.
213 0204313N SHIP-TOWED ARRAY SURVEILLANCE 1,188 1,188
SYSTEMS.
214 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS 1,789 1,789
(DISPLACEMENT CRAFT).
215 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ 61,422 61,422
ATOR).
216 0204571N CONSOLIDATED TRAINING SYSTEMS 70,339 70,339
DEVELOPMENT.
217 0204575N ELECTRONIC WARFARE (EW) READINESS 47,436 47,436
SUPPORT.
218 0205601N ANTI-RADIATION MISSILE IMPROVEMENT 90,779 90,779
219 0205620N SURFACE ASW COMBAT SYSTEM 28,999 28,999
INTEGRATION.
220 0205632N MK-48 ADCAP....................... 155,868 155,868
221 0205633N AVIATION IMPROVEMENTS............. 130,450 130,450
222 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS. 121,439 121,439
223 0206313M MARINE CORPS COMMUNICATIONS 114,305 114,305
SYSTEMS.
224 0206335M COMMON AVIATION COMMAND AND 14,865 14,865
CONTROL SYSTEM (CAC2S).
225 0206623M MARINE CORPS GROUND COMBAT/ 100,536 100,536
SUPPORTING ARMS SYSTEMS.
226 0206624M MARINE CORPS COMBAT SERVICES 26,522 26,522
SUPPORT.
227 0206625M USMC INTELLIGENCE/ELECTRONIC 51,976 51,976
WARFARE SYSTEMS (MIP).
228 0206629M AMPHIBIOUS ASSAULT VEHICLE........ 8,246 8,246
229 0207161N TACTICAL AIM MISSILES............. 29,236 29,236
230 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR 30,898 30,898
MISSILE (AMRAAM).
231 0208043N PLANNING AND DECISION AID SYSTEM 3,609 3,609
(PDAS).
236 0303138N AFLOAT NETWORKS................... 45,693 45,693
237 0303140N INFORMATION SYSTEMS SECURITY 33,752 33,752
PROGRAM.
238 0305192N MILITARY INTELLIGENCE PROGRAM 8,415 8,415
(MIP) ACTIVITIES.
239 0305204N TACTICAL UNMANNED AERIAL VEHICLES. 10,576 10,576
240 0305205N UAS INTEGRATION AND 18,373 18,373
INTEROPERABILITY.
241 0305208M DISTRIBUTED COMMON GROUND/SURFACE 45,705 45,705
SYSTEMS.
242 0305220N MQ-4C TRITON...................... 13,893 13,893
243 0305231N MQ-8 UAV.......................... 13,100
.................................. Costs associated with restoring 5 [13,100]
LCS.
244 0305232M RQ-11 UAV......................... 1,234 1,234
245 0305234N SMALL (LEVEL 0) TACTICAL UAS 3,761 3,761
(STUASL0).
247 0305241N MULTI-INTELLIGENCE SENSOR 56,261 56,261
DEVELOPMENT.
248 0305242M UNMANNED AERIAL SYSTEMS (UAS) 9,780 9,780
PAYLOADS (MIP).
249 0305251N CYBERSPACE OPERATIONS FORCES AND 36,505 36,505
FORCE SUPPORT.
250 0305421N RQ-4 MODERNIZATION................ 163,277 163,277
251 0307577N INTELLIGENCE MISSION DATA (IMD)... 851 851
252 0308601N MODELING AND SIMULATION SUPPORT... 9,437 9,437
[[Page 136 STAT. 3138]]
253 0702207N DEPOT MAINTENANCE (NON-IF)........ 26,248 26,248
254 0708730N MARITIME TECHNOLOGY (MARITECH).... 2,133 2,133
9999 9999999999 CLASSIFIED PROGRAMS............... 1,701,811 1,701,811
.................................. SUBTOTAL OPERATIONAL SYSTEMS 5,483,386 5,532,872
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
256 0608013N RISK MANAGEMENT INFORMATION-- 12,810 12,810
SOFTWARE PILOT PROGRAM.
257 0608231N MARITIME TACTICAL COMMAND AND 11,198 11,198
CONTROL (MTC2)--SOFTWARE PILOT
PROGRAM.
.................................. SUBTOTAL SOFTWARE AND DIGITAL 24,008 24,008
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. UNDISTRIBUTED
999 99999999 UNDISTRIBUTED..................... 409,201
.................................. Inflation effects................. [409,201]
.................................. SUBTOTAL UNDISTRIBUTED............ 409,201
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 24,078,718 25,419,350
& EVAL, NAVY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, AF
.................................. BASIC RESEARCH
001 0601102F DEFENSE RESEARCH SCIENCES......... 375,325 450,397
.................................. Program increase.................. [75,072]
002 0601103F UNIVERSITY RESEARCH INITIATIVES... 171,192 177,542
.................................. CPF--Aeromedical Research Center.. [2,350]
.................................. CPF--GHz-THz Antenna Systems for [4,000]
Massive Data Transmissions in
Real-Time.
.................................. SUBTOTAL BASIC RESEARCH........... 546,517 627,939
..................................
.................................. APPLIED RESEARCH
004 0602020F FUTURE AF CAPABILITIES APPLIED 88,672 84,282
RESEARCH.
.................................. Transformational capability [-4,390]
incubator unjustified growth.
005 0602102F MATERIALS......................... 134,795 149,795
.................................. High energy synchotron X-ray [5,000]
research.
.................................. Thermal protection for hypersonic [10,000]
vehicles.
006 0602201F AEROSPACE VEHICLE TECHNOLOGIES.... 159,453 169,453
.................................. Aeromechanics and integration..... [10,000]
007 0602202F HUMAN EFFECTIVENESS APPLIED 135,771 150,771
RESEARCH.
.................................. Digital engineering and prototype [10,000]
capability.
.................................. Program increase.................. [5,000]
008 0602203F AEROSPACE PROPULSION.............. 172,861 172,861
009 0602204F AEROSPACE SENSORS................. 192,733 197,733
.................................. Program increase.................. [5,000]
011 0602298F SCIENCE AND TECHNOLOGY MANAGEMENT-- 8,856 8,856
MAJOR HEADQUARTERS ACTIVITIES.
012 0602602F CONVENTIONAL MUNITIONS............ 137,303 147,303
.................................. Advanced hypersonic propulsion.... [5,000]
.................................. Convergence Lab Center activities. [5,000]
013 0602605F DIRECTED ENERGY TECHNOLOGY........ 109,302 100,947
.................................. Realignment of funds.............. [-8,355]
014 0602788F DOMINANT INFORMATION SCIENCES AND 166,041 226,041
METHODS.
.................................. AI for networks................... [5,000]
.................................. Internet of Things Laboratory..... [5,000]
.................................. Program increase.................. [10,000]
.................................. Quantum testbed................... [10,000]
.................................. Trapped ion quantum computer...... [20,000]
.................................. UAS traffic management............ [10,000]
.................................. SUBTOTAL APPLIED RESEARCH......... 1,305,787 1,408,042
..................................
[[Page 136 STAT. 3139]]
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
016 0603032F FUTURE AF INTEGRATED TECHNOLOGY 152,559 107,559
DEMOS.
.................................. Automated geospatial intelligence [5,000]
detection algorithm.
.................................. Program reduction................. [-50,000]
017 0603112F ADVANCED MATERIALS FOR WEAPON 29,116 39,116
SYSTEMS.
.................................. Metals Affordability Initiative... [10,000]
018 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY 10,695 10,695
(S&T).
019 0603203F ADVANCED AEROSPACE SENSORS........ 36,997 36,997
020 0603211F AEROSPACE TECHNOLOGY DEV/DEMO..... 54,727 76,220
.................................. Program increase.................. [20,000]
.................................. Technical realignment............. [-8,507]
.................................. Unmanned semi-autonomous adversary [10,000]
aircraft.
021 0603216F AEROSPACE PROPULSION AND POWER 64,254 82,761
TECHNOLOGY.
.................................. Program increase.................. [10,000]
.................................. Realignment of funds.............. [8,507]
022 0603270F ELECTRONIC COMBAT TECHNOLOGY...... 33,380 33,380
023 0603273F SCIENCE & TECHNOLOGY FOR NUCLEAR 39,431 39,431
RE-ENTRY SYSTEMS.
026 0603456F HUMAN EFFECTIVENESS ADVANCED 20,652 20,652
TECHNOLOGY DEVELOPMENT.
027 0603601F CONVENTIONAL WEAPONS TECHNOLOGY... 187,374 187,374
028 0603605F ADVANCED WEAPONS TECHNOLOGY....... 98,503 93,289
.................................. Transformational technology [-5,214]
development unjustified request.
029 0603680F MANUFACTURING TECHNOLOGY PROGRAM.. 47,759 57,059
.................................. Agile Factory Floor for Depot [5,300]
Sustainment.
.................................. CPF--Additive Manufacturing and [4,000]
Ultra-High Performance Concrete.
030 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT 51,824 51,824
AND DEMONSTRATION.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 827,271 836,357
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
031 0603036F MODULAR ADVANCED MISSILE.......... 125,688 125,688
032 0603260F INTELLIGENCE ADVANCED DEVELOPMENT. 6,101 6,101
033 0603742F COMBAT IDENTIFICATION TECHNOLOGY.. 17,318 17,318
034 0603790F NATO RESEARCH AND DEVELOPMENT..... 4,295 4,295
035 0603851F INTERCONTINENTAL BALLISTIC 46,432 46,432
MISSILE--DEM/VAL.
036 0604001F NC3 ADVANCED CONCEPTS............. 5,098 5,098
038 0604003F ADVANCED BATTLE MANAGEMENT SYSTEM 231,408 231,408
(ABMS).
039 0604004F ADVANCED ENGINE DEVELOPMENT....... 353,658 353,658
040 0604006F DEPT OF THE AIR FORCE TECH 66,615 50,000
ARCHITECTURE.
.................................. Program growth.................... [-16,615]
041 0604015F LONG RANGE STRIKE--BOMBER......... 3,253,584 3,143,584
.................................. Excess to need.................... [-110,000]
042 0604032F DIRECTED ENERGY PROTOTYPING....... 4,269 4,269
043 0604033F HYPERSONICS PROTOTYPING........... 431,868 161,547
.................................. Technical realignment............. [-270,321]
044 0604183F HYPERSONICS PROTOTYPING-- 144,891 461,778
HYPERSONIC ATTACK CRUISE MISSILE
(HACM).
.................................. Technical realignment............. [316,887]
045 0604201F PNT RESILIENCY, MODS, AND 12,010 12,010
IMPROVEMENTS.
046 0604257F ADVANCED TECHNOLOGY AND SENSORS... 13,311 13,311
047 0604288F SURVIVABLE AIRBORNE OPERATIONS 203,213 203,213
CENTER.
048 0604317F TECHNOLOGY TRANSFER............... 16,759 16,759
049 0604327F HARD AND DEEPLY BURIED TARGET 106,826 141,826
DEFEAT SYSTEM (HDBTDS) PROGRAM.
[[Page 136 STAT. 3140]]
.................................. CENTCOM UFR--HDBTDS program....... [35,000]
050 0604414F CYBER RESILIENCY OF WEAPON SYSTEMS- 44,526 69,526
ACS.
.................................. Program increase.................. [25,000]
051 0604668F JOINT TRANSPORTATION MANAGEMENT 51,758 27,758
SYSTEM (JTMS).
.................................. Product development ahead of need. [-24,000]
052 0604776F DEPLOYMENT & DISTRIBUTION 27,586 27,586
ENTERPRISE R&D.
053 0604858F TECH TRANSITION PROGRAM........... 649,545 602,795
.................................. Hybrid autonomous maritime [2,000]
expeditionary logistics.
.................................. Program increase.................. [9,250]
.................................. Technical realignment............. [-58,000]
054 0604860F OPERATIONAL ENERGY AND 15,500
INSTALLATION RESILIENCE.
.................................. Technical realignment............. [15,500]
055 0605230F GROUND BASED STRATEGIC DETERRENT.. 3,000
.................................. ICBM transition readiness modeling [3,000]
and simulation.
056 0207110F NEXT GENERATION AIR DOMINANCE..... 1,657,733 1,657,733
057 0207179F AUTONOMOUS COLLABORATIVE PLATFORMS 51,747 51,747
058 0207420F COMBAT IDENTIFICATION............. 1,866 1,866
059 0207455F THREE DIMENSIONAL LONG-RANGE RADAR 14,490 14,490
(3DELRR).
060 0207522F AIRBASE AIR DEFENSE SYSTEMS 52,498 48,498
(ABADS).
.................................. Program decrease.................. [-4,000]
061 0208030F WAR RESERVE MATERIEL--AMMUNITION.. 10,288 10,288
064 0305236F COMMON DATA LINK EXECUTIVE AGENT 37,460 37,460
(CDL EA).
065 0305601F MISSION PARTNER ENVIRONMENTS...... 17,378 17,378
066 0306250F CYBER OPERATIONS TECHNOLOGY 234,576 365,276
SUPPORT.
.................................. AI systems and applications for [50,000]
CYBERCOM.
.................................. CYBERCOM UFR--Cyber mission force [31,000]
operational support.
.................................. CYBERCOM UFR--Joint cyberspace [20,900]
warfighting architecture.
.................................. Hunt forward operations........... [28,800]
067 0306415F ENABLED CYBER ACTIVITIES.......... 16,728 16,728
070 0808737F CVV INTEGRATED PREVENTION......... 9,315 9,315
071 0901410F CONTRACTING INFORMATION TECHNOLOGY 14,050 14,050
SYSTEM.
072 1206415F U.S. SPACE COMMAND RESEARCH AND 10,350 10,350
DEVELOPMENT SUPPORT.
.................................. SUBTOTAL ADVANCED COMPONENT 7,945,238 7,999,639
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
073 0604200F FUTURE ADVANCED WEAPON ANALYSIS & 9,879 9,879
PROGRAMS.
074 0604201F PNT RESILIENCY, MODS, AND 176,824 176,824
IMPROVEMENTS.
075 0604222F NUCLEAR WEAPONS SUPPORT........... 64,425 64,425
076 0604270F ELECTRONIC WARFARE DEVELOPMENT.... 2,222 2,222
077 0604281F TACTICAL DATA NETWORKS ENTERPRISE. 133,117 133,117
078 0604287F PHYSICAL SECURITY EQUIPMENT....... 8,493 8,493
079 0604602F ARMAMENT/ORDNANCE DEVELOPMENT..... 5,279 5,279
080 0604604F SUBMUNITIONS...................... 3,273 3,273
081 0604617F AGILE COMBAT SUPPORT.............. 14,252 14,252
083 0604706F LIFE SUPPORT SYSTEMS.............. 47,442 47,442
084 0604735F COMBAT TRAINING RANGES............ 91,284 91,284
086 0604932F LONG RANGE STANDOFF WEAPON........ 928,850 928,850
087 0604933F ICBM FUZE MODERNIZATION........... 98,376 98,376
088 0605030F JOINT TACTICAL NETWORK CENTER 2,222 2,222
(JTNC).
089 0605056F OPEN ARCHITECTURE MANAGEMENT...... 38,222 38,222
090 0605223F ADVANCED PILOT TRAINING........... 37,121 37,121
091 0605229F HH-60W............................ 58,974 58,974
092 0605238F GROUND BASED STRATEGIC DETERRENT 3,614,290 3,614,290
EMD.
094 0207171F F-15 EPAWSS....................... 67,956 67,956
[[Page 136 STAT. 3141]]
095 0207279F ISOLATED PERSONNEL SURVIVABILITY 27,881 27,881
AND RECOVERY.
096 0207328F STAND IN ATTACK WEAPON............ 283,152 274,152
.................................. Program decrease.................. [-9,000]
097 0207701F FULL COMBAT MISSION TRAINING...... 3,028 12,528
.................................. Airborne Augemented Reality....... [9,500]
102 0401221F KC-46A TANKER SQUADRONS........... 197,510 188,810
.................................. PACS delays....................... [-8,700]
103 0401319F VC-25B............................ 492,932 392,932
.................................. Program decrease.................. [-100,000]
104 0701212F AUTOMATED TEST SYSTEMS............ 16,664 16,664
105 0804772F TRAINING DEVELOPMENTS............. 15,138 15,138
107 1206442F NEXT GENERATION OPIR.............. 148 148
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 6,438,954 6,330,754
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
108 0604256F THREAT SIMULATOR DEVELOPMENT...... 21,067 21,067
109 0604759F MAJOR T&E INVESTMENT.............. 44,714 171,314
.................................. Air Force UFR--Gulf [55,200]
instrumentation for hypersonics
testing.
.................................. Air Force UFR--Quick reaction test [14,700]
capability for hypersonics
testing.
.................................. Air Force UFR--VKF wind tunnel [56,700]
improvements for hypersonics
testing.
110 0605101F RAND PROJECT AIR FORCE............ 37,921 37,921
111 0605502F SMALL BUSINESS INNOVATION RESEARCH 86 0
.................................. Programming error................. [-86]
112 0605712F INITIAL OPERATIONAL TEST & 13,926 13,926
EVALUATION.
113 0605807F TEST AND EVALUATION SUPPORT....... 826,854 841,854
.................................. Air Force UFR--EDW/Eglin [10,000]
hypersonics testing.
.................................. Air Force UFR--VKF wind tunnel [5,000]
throughput for hypersonics
testing.
115 0605827F ACQ WORKFORCE- GLOBAL VIG & COMBAT 255,995 283,995
SYS.
.................................. Technical realignment............. [28,000]
116 0605828F ACQ WORKFORCE- GLOBAL REACH....... 457,589 457,589
117 0605829F ACQ WORKFORCE- CYBER, NETWORK, & 459,223 473,423
BUS SYS.
.................................. Technical realignment............. [14,200]
118 0605830F ACQ WORKFORCE- GLOBAL BATTLE MGMT. 3,696 3,696
119 0605831F ACQ WORKFORCE- CAPABILITY 229,610 253,610
INTEGRATION.
.................................. Technical realignment............. [24,000]
120 0605832F ACQ WORKFORCE- ADVANCED PRGM 92,648 67,361
TECHNOLOGY.
.................................. Technical realignment............. [-25,287]
121 0605833F ACQ WORKFORCE- NUCLEAR SYSTEMS.... 241,226 236,382
.................................. Technical realignment............. [-4,844]
122 0605898F MANAGEMENT HQ--R&D................ 4,347 5,624
.................................. Technical realignment............. [1,277]
123 0605976F FACILITIES RESTORATION AND 77,820 133,420
MODERNIZATION--TEST AND
EVALUATION SUPPORT.
.................................. Air Force UFR--Quick reaction test [7,500]
capability for hypersonics
testing.
.................................. Air Force UFR--VKF wind tunnel [48,100]
improvements for hypersonics
testing.
124 0605978F FACILITIES SUSTAINMENT--TEST AND 31,561 31,561
EVALUATION SUPPORT.
125 0606017F REQUIREMENTS ANALYSIS AND 101,844 101,844
MATURATION.
126 0606398F MANAGEMENT HQ--T&E................ 6,285 6,285
127 0303166F SUPPORT TO INFORMATION OPERATIONS 556 556
(IO) CAPABILITIES.
128 0303255F COMMAND, CONTROL, COMMUNICATION, 15,559 35,559
AND COMPUTERS (C4)--STRATCOM.
.................................. Establishment and initial [20,000]
operations of the NC3 Rapid
Engineering Architecture
Collaboration Hub (REACH).
[[Page 136 STAT. 3142]]
129 0308602F ENTEPRISE INFORMATION SERVICES 83,231 83,231
(EIS).
130 0702806F ACQUISITION AND MANAGEMENT SUPPORT 24,306 24,306
131 0804731F GENERAL SKILL TRAINING............ 871 871
134 1001004F INTERNATIONAL ACTIVITIES.......... 2,593 2,593
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 3,033,528 3,287,988
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
136 0604233F SPECIALIZED UNDERGRADUATE FLIGHT 18,037 18,037
TRAINING.
138 0604617F AGILE COMBAT SUPPORT.............. 8,199 8,199
139 0604776F DEPLOYMENT & DISTRIBUTION 156 156
ENTERPRISE R&D.
140 0604840F F-35 C2D2......................... 1,014,708 1,014,708
141 0605018F AF INTEGRATED PERSONNEL AND PAY 37,901 37,901
SYSTEM (AF-IPPS).
142 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE 50,066 50,066
AGENCY.
143 0605117F FOREIGN MATERIEL ACQUISITION AND 80,338 80,338
EXPLOITATION.
144 0605278F HC/MC-130 RECAP RDT&E............. 47,994 47,994
145 0606018F NC3 INTEGRATION................... 23,559 23,559
147 0101113F B-52 SQUADRONS.................... 770,313 734,807
.................................. Program decrease.................. [-35,506]
148 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) 571 571
149 0101126F B-1B SQUADRONS.................... 13,144 23,144
.................................. Hypersonic Integration Validation [10,000]
Testing.
150 0101127F B-2 SQUADRONS..................... 111,990 111,990
151 0101213F MINUTEMAN SQUADRONS............... 69,650 69,650
152 0101316F WORLDWIDE JOINT STRATEGIC 22,725 22,725
COMMUNICATIONS.
153 0101324F INTEGRATED STRATEGIC PLANNING & 3,180 3,180
ANALYSIS NETWORK.
154 0101328F ICBM REENTRY VEHICLES............. 118,616 118,616
156 0102110F UH-1N REPLACEMENT PROGRAM......... 17,922 17,922
157 0102326F REGION/SECTOR OPERATION CONTROL 451 451
CENTER MODERNIZATION PROGRAM.
158 0102412F NORTH WARNING SYSTEM (NWS)........ 76,910 76,910
159 0102417F OVER-THE-HORIZON BACKSCATTER RADAR 12,210 12,210
160 0202834F VEHICLES AND SUPPORT EQUIPMENT-- 14,483 14,483
GENERAL.
161 0205219F MQ-9 UAV.......................... 98,499 98,499
162 0205671F JOINT COUNTER RCIED ELECTRONIC 1,747 1,747
WARFARE.
163 0207040F MULTI-PLATFORM ELECTRONIC WARFARE 23,195 23,195
EQUIPMENT.
164 0207131F A-10 SQUADRONS.................... 72,393 72,393
165 0207133F F-16 SQUADRONS.................... 244,696 244,696
166 0207134F F-15E SQUADRONS................... 213,272 200,139
.................................. Digital color display delays...... [-1,843]
.................................. OFP CD&I carryover................ [-11,290]
167 0207136F MANNED DESTRUCTIVE SUPPRESSION.... 16,695 16,695
168 0207138F F-22A SQUADRONS................... 559,709 559,709
169 0207142F F-35 SQUADRONS.................... 70,730 70,730
170 0207146F F-15EX............................ 83,830 83,830
171 0207161F TACTICAL AIM MISSILES............. 34,536 34,536
172 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR 52,704 52,704
MISSILE (AMRAAM).
173 0207227F COMBAT RESCUE--PARARESCUE......... 863 863
174 0207247F AF TENCAP......................... 23,309 23,309
175 0207249F PRECISION ATTACK SYSTEMS 12,722 12,722
PROCUREMENT.
176 0207253F COMPASS CALL...................... 49,054 49,054
177 0207268F AIRCRAFT ENGINE COMPONENT 116,087 116,087
IMPROVEMENT PROGRAM.
178 0207325F JOINT AIR-TO-SURFACE STANDOFF 117,198 129,198
MISSILE (JASSM).
.................................. INDOPACOM UFR--JASSM software [12,000]
update.
179 0207327F SMALL DIAMETER BOMB (SDB)......... 27,713 27,713
[[Page 136 STAT. 3143]]
181 0207412F CONTROL AND REPORTING CENTER (CRC) 6,615 6,615
182 0207417F AIRBORNE WARNING AND CONTROL 239,658 539,658
SYSTEM (AWACS).
.................................. E-7 acceleration.................. [301,000]
.................................. Early to need--communication [-1,000]
network upgrade.
183 0207418F AFSPECWAR--TACP................... 5,982 5,982
185 0207431F COMBAT AIR INTELLIGENCE SYSTEM 23,504 23,504
ACTIVITIES.
186 0207438F THEATER BATTLE MANAGEMENT (TBM) 5,851 5,851
C4I.
187 0207439F ELECTRONIC WARFARE INTEGRATED 15,990 15,990
REPROGRAMMING (EWIR).
188 0207444F TACTICAL AIR CONTROL PARTY-MOD.... 10,315 10,315
189 0207452F DCAPES............................ 8,049 8,049
190 0207521F AIR FORCE CALIBRATION PROGRAMS.... 2,123 2,123
192 0207573F NATIONAL TECHNICAL NUCLEAR 2,039 2,039
FORENSICS.
193 0207590F SEEK EAGLE........................ 32,853 32,853
194 0207601F USAF MODELING AND SIMULATION...... 19,341 19,341
195 0207605F WARGAMING AND SIMULATION CENTERS.. 7,004 7,004
197 0207697F DISTRIBUTED TRAINING AND EXERCISES 4,628 4,628
198 0208006F MISSION PLANNING SYSTEMS.......... 99,214 99,214
199 0208007F TACTICAL DECEPTION................ 17,074 17,074
200 0208064F OPERATIONAL HQ--CYBER............. 2,347 5,347
.................................. Program increase--command and [3,000]
control of the information
environment.
201 0208087F DISTRIBUTED CYBER WARFARE 76,592 76,592
OPERATIONS.
202 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS 8,367 0
.................................. Programming error................. [-8,367]
203 0208097F JOINT CYBER COMMAND AND CONTROL 80,740 80,740
(JCC2).
204 0208099F UNIFIED PLATFORM (UP)............. 107,548 107,548
208 0208288F INTEL DATA APPLICATIONS........... 1,065 1,065
209 0301025F GEOBASE........................... 2,928 2,928
211 0301113F CYBER SECURITY INTELLIGENCE 8,972 8,972
SUPPORT.
218 0301401F AIR FORCE SPACE AND CYBER NON- 3,069 3,069
TRADITIONAL ISR FOR BATTLESPACE
AWARENESS.
219 0302015F E-4B NATIONAL AIRBORNE OPERATIONS 25,701 25,701
CENTER (NAOC).
220 0303131F MINIMUM ESSENTIAL EMERGENCY 41,171 41,171
COMMUNICATIONS NETWORK (MEECN).
221 0303140F INFORMATION SYSTEMS SECURITY 70,582 70,582
PROGRAM.
224 0303260F JOINT MILITARY DECEPTION 2,588 2,588
INITIATIVE.
226 0304260F AIRBORNE SIGINT ENTERPRISE........ 108,528 115,528
.................................. Special Mission Airborne SIGINT [7,000]
Enterprise Technology.
227 0304310F COMMERCIAL ECONOMIC ANALYSIS...... 4,542 4,542
230 0305015F C2 AIR OPERATIONS SUITE--C2 INFO 8,097 8,097
SERVICES.
231 0305020F CCMD INTELLIGENCE INFORMATION 1,751 1,751
TECHNOLOGY.
232 0305022F ISR MODERNIZATION & AUTOMATION 13,138 13,138
DVMT (IMAD).
233 0305099F GLOBAL AIR TRAFFIC MANAGEMENT 4,895 4,895
(GATM).
234 0305103F CYBER SECURITY INITIATIVE......... 91 91
235 0305111F WEATHER SERVICE................... 11,716 21,716
.................................. Commercial weather data pilot..... [10,000]
236 0305114F AIR TRAFFIC CONTROL, APPROACH, AND 8,511 8,511
LANDING SYSTEM (ATCALS).
237 0305116F AERIAL TARGETS.................... 1,365 1,365
240 0305128F SECURITY AND INVESTIGATIVE 223 223
ACTIVITIES.
241 0305146F DEFENSE JOINT COUNTERINTELLIGENCE 8,328 8,328
ACTIVITIES.
243 0305179F INTEGRATED BROADCAST SERVICE (IBS) 22,123 22,123
244 0305202F DRAGON U-2........................ 20,170 20,170
245 0305206F AIRBORNE RECONNAISSANCE SYSTEMS... 55,048 60,048
.................................. Wide Area Motion Imagery.......... [5,000]
246 0305207F MANNED RECONNAISSANCE SYSTEMS..... 14,590 14,590
247 0305208F DISTRIBUTED COMMON GROUND/SURFACE 26,901 26,901
SYSTEMS.
[[Page 136 STAT. 3144]]
248 0305220F RQ-4 UAV.......................... 68,801 68,801
249 0305221F NETWORK-CENTRIC COLLABORATIVE 17,564 17,564
TARGETING.
250 0305238F NATO AGS.......................... 826 826
251 0305240F SUPPORT TO DCGS ENTERPRISE........ 28,774 28,774
252 0305600F INTERNATIONAL INTELLIGENCE 15,036 15,036
TECHNOLOGY AND ARCHITECTURES.
253 0305881F RAPID CYBER ACQUISITION........... 3,739 3,739
254 0305984F PERSONNEL RECOVERY COMMAND & CTRL 2,702 2,702
(PRC2).
255 0307577F INTELLIGENCE MISSION DATA (IMD)... 6,332 6,332
256 0401115F C-130 AIRLIFT SQUADRON............ 407 407
257 0401119F C-5 AIRLIFT SQUADRONS (IF)........ 6,100 3,100
.................................. RCMD delays....................... [-3,000]
258 0401130F C-17 AIRCRAFT (IF)................ 25,387 30,387
.................................. IR Suppression.................... [5,000]
259 0401132F C-130J PROGRAM.................... 11,060 10,060
.................................. MILSATCOM modernization delays.... [-1,000]
260 0401134F LARGE AIRCRAFT IR COUNTERMEASURES 2,909 2,909
(LAIRCM).
261 0401218F KC-135S........................... 12,955 12,955
262 0401318F CV-22............................. 10,121 10,121
263 0408011F SPECIAL TACTICS / COMBAT CONTROL.. 6,297 6,297
264 0708055F MAINTENANCE, REPAIR & OVERHAUL 19,892 23,892
SYSTEM.
.................................. CPF--Aviation Training Academy of [4,000]
the Future.
265 0708610F LOGISTICS INFORMATION TECHNOLOGY 5,271 5,271
(LOGIT).
267 0804743F OTHER FLIGHT TRAINING............. 2,214 2,214
269 0901202F JOINT PERSONNEL RECOVERY AGENCY... 2,164 2,164
270 0901218F CIVILIAN COMPENSATION PROGRAM..... 4,098 4,098
271 0901220F PERSONNEL ADMINISTRATION.......... 3,191 3,191
272 0901226F AIR FORCE STUDIES AND ANALYSIS 899 899
AGENCY.
273 0901538F FINANCIAL MANAGEMENT INFORMATION 5,421 5,421
SYSTEMS DEVELOPMENT.
276 1202140F SERVICE SUPPORT TO SPACECOM 13,766 13,766
ACTIVITIES.
9999 9999999999 CLASSIFIED PROGRAMS............... 17,240,641 17,325,641
.................................. Electromagnetic spectrum [85,000]
technology for spectrum sharing,
EW protection, and offensive EW
capabilities.
.................................. SUBTOTAL OPERATIONAL SYSTEMS 23,090,569 23,470,563
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
278 0608158F STRATEGIC MISSION PLANNING AND 100,167 100,167
EXECUTION SYSTEM--SOFTWARE PILOT
PROGRAM.
279 0608410F AIR & SPACE OPERATIONS CENTER 177,827 177,827
(AOC)--SOFTWARE PILOT PROGRAM.
280 0608920F DEFENSE ENTERPRISE ACCOUNTING AND 136,202 136,202
MANAGEMENT SYSTEM (DEAMS)--
SOFTWARE PILOT PRO.
281 0208087F DISTRIBUTED CYBER WARFARE 37,346 0
OPERATIONS.
.................................. Technical realignment............. [-37,346]
282 0308605F AIR FORCE DEFENSIVE CYBER SYSTEMS 240,926 228,880
(AFDCS)--SOFTWARE PILOT PROGRAM.
.................................. Excess to need.................... [-12,046]
283 0308606F ALL DOMAIN COMMON PLATFORM (ADCP)-- 190,112 180,607
SOFTWARE PILOT PROGRAM.
.................................. Excess to need.................... [-9,505]
284 0308607F AIR FORCE WEATHER PROGRAMS-- 58,063 55,160
SOFTWARE PILOT PROGRAM.
.................................. Excess to need.................... [-2,903]
285 0308608F ELECTRONIC WARFARE INTEGRATED 5,794 5,598
REPROGRAMMING (EWIR)--SOFTWARE
PILOT PROGRAM.
.................................. Excess to need.................... [-196]
[[Page 136 STAT. 3145]]
.................................. SUBTOTAL SOFTWARE AND DIGITAL 946,437 884,441
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. UNDISTRIBUTED
999 99999999 UNDISTRIBUTED..................... 1,000,847
.................................. Inflation effects................. [1,000,847]
.................................. SUBTOTAL UNDISTRIBUTED............ 1,000,847
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 44,134,301 45,846,570
& EVAL, AF.
..................................
.................................. RDTE, SPACE FORCE
.................................. APPLIED RESEARCH
002 1206601SF SPACE TECHNOLOGY.................. 243,737 270,092
.................................. Advanced Analog Microelectronics.. [3,000]
.................................. Technical realignment............. [8,355]
.................................. University Consortia for Space [15,000]
Technology.
.................................. SUBTOTAL APPLIED RESEARCH......... 243,737 270,092
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
003 1206310SF SPACE SCIENCE AND TECHNOLOGY 460,820 478,472
RESEARCH AND DEVELOPMENT.
.................................. Defense in depth as mission [10,000]
assurance for spacecraft.
.................................. Program increase.................. [7,652]
004 1206616SF SPACE ADVANCED TECHNOLOGY 103,395 80,168
DEVELOPMENT/DEMO.
.................................. Reduce follow-on tranches......... [-26,000]
.................................. Technical realignment............. [2,773]
.................................. SUBTOTAL ADVANCED TECHNOLOGY 564,215 558,640
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
005 0604002SF SPACE FORCE WEATHER SERVICES 816 816
RESEARCH.
006 1203164SF NAVSTAR GLOBAL POSITIONING SYSTEM 382,594 382,594
(USER EQUIPMENT) (SPACE).
007 1203622SF SPACE WARFIGHTING ANALYSIS........ 44,791 44,791
008 1203710SF EO/IR WEATHER SYSTEMS............. 96,519 96,519
010 1206410SF SPACE TECHNOLOGY DEVELOPMENT AND 986,822 986,822
PROTOTYPING.
012 1206425SF SPACE SITUATION AWARENESS SYSTEMS. 230,621 230,621
013 1206427SF SPACE SYSTEMS PROTOTYPE 106,252 106,252
TRANSITIONS (SSPT).
014 1206438SF SPACE CONTROL TECHNOLOGY.......... 57,953 59,953
.................................. Program increase.................. [2,000]
016 1206730SF SPACE SECURITY AND DEFENSE PROGRAM 59,169 59,169
017 1206760SF PROTECTED TACTICAL ENTERPRISE 121,069 111,169
SERVICE (PTES).
.................................. Unjustified increase.............. [-9,900]
018 1206761SF PROTECTED TACTICAL SERVICE (PTS).. 294,828 279,628
.................................. Unjustified increase.............. [-15,200]
019 1206855SF EVOLVED STRATEGIC SATCOM (ESS).... 565,597 542,097
.................................. Unjustified increase.............. [-23,500]
020 1206857SF SPACE RAPID CAPABILITIES OFFICE... 45,427 45,427
.................................. SUBTOTAL ADVANCED COMPONENT 2,992,458 2,945,858
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
021 1203269SF GPS III FOLLOW-ON (GPS IIIF)...... 325,927 318,727
.................................. Unjustified increase--GPS IIIF.... [-7,200]
022 1203940SF SPACE SITUATION AWARENESS 49,628 49,628
OPERATIONS.
023 1206421SF COUNTERSPACE SYSTEMS.............. 21,848 21,848
024 1206422SF WEATHER SYSTEM FOLLOW-ON.......... 48,870 48,870
025 1206425SF SPACE SITUATION AWARENESS SYSTEMS. 105,140 105,140
026 1206431SF ADVANCED EHF MILSATCOM (SPACE).... 11,701 11,701
027 1206432SF POLAR MILSATCOM (SPACE)........... 67,465 67,465
[[Page 136 STAT. 3146]]
028 1206433SF WIDEBAND GLOBAL SATCOM (SPACE).... 48,438 48,438
029 1206440SF NEXT-GEN OPIR--GROUND............. 612,529
.................................. Technical realignment............. [612,529]
030 1206442SF NEXT GENERATION OPIR.............. 3,479,459 253,801
.................................. Technical realignment............. [-3,225,658]
031 1206443SF NEXT-GEN OPIR--GEO................ 1,713,933
.................................. Technical realignment............. [1,713,933]
032 1206444SF NEXT-GEN OPIR--POLAR.............. 899,196
.................................. Technical realignment............. [899,196]
033 1206445SF COMMERCIAL SATCOM (COMSATCOM) 23,513 23,513
INTEGRATION.
034 1206446SF RESILIENT MISSILE WARNING MISSILE 499,840 525,637
TRACKING--LOW EARTH ORBIT (LEO).
.................................. Technical realignment............. [25,797]
035 1206447SF RESILIENT MISSILE WARNING MISSILE 139,131 303,930
TRACKING--MEDIUM EARTH ORBIT
(MEO).
.................................. Technical realignment............. [164,799]
036 1206448SF RESILIENT MISSILE WARNING MISSILE 390,596 0
TRACKING--INTEGRATED GROUND
SEGMENT.
.................................. Technical realignment............. [-390,596]
037 1206853SF NATIONAL SECURITY SPACE LAUNCH 124,103 154,103
PROGRAM (SPACE)--EMD.
.................................. Increase EMD for NSSL Phase 3 and [30,000]
beyond activities.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 5,335,659 5,158,459
DEMONSTRATION.
039 1206116SF SPACE TEST AND TRAINING RANGE 21,453 21,453
DEVELOPMENT.
040 1206392SF ACQ WORKFORCE--SPACE & MISSILE 253,716 253,716
SYSTEMS.
041 1206398SF SPACE & MISSILE SYSTEMS CENTER-- 13,962 13,962
MHA.
042 1206616SF SPACE ADVANCED TECHNOLOGY 2,773 0
DEVELOPMENT/DEMO.
.................................. Technical realignment............. [-2,773]
043 1206759SF MAJOR T&E INVESTMENT--SPACE....... 89,751 89,751
044 1206860SF ROCKET SYSTEMS LAUNCH PROGRAM 17,922 17,922
(SPACE).
045 1206862SF TACTICALLY RESPONSIVE LAUNCH...... 100,000
.................................. Continue Tactically Responsive [100,000]
Space.
046 1206864SF SPACE TEST PROGRAM (STP).......... 25,366 25,366
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 424,943 522,170
..................................
.................................. OPERATIONAL SYSTEM DEVELOPMENT
048 1201017SF GLOBAL SENSOR INTEGRATED ON 5,321 5,321
NETWORK (GSIN).
049 1203001SF FAMILY OF ADVANCED BLOS TERMINALS 128,243 128,243
(FAB-T).
050 1203040SF DCO-SPACE......................... 28,162 28,162
051 1203109SF NARROWBAND SATELLITE 165,892 165,892
COMMUNICATIONS.
052 1203110SF SATELLITE CONTROL NETWORK (SPACE). 42,199 42,199
053 1203165SF NAVSTAR GLOBAL POSITIONING SYSTEM 2,062 2,062
(SPACE AND CONTROL SEGMENTS).
054 1203173SF SPACE AND MISSILE TEST AND 4,157 4,157
EVALUATION CENTER.
055 1203174SF SPACE INNOVATION, INTEGRATION AND 38,103 38,103
RAPID TECHNOLOGY DEVELOPMENT.
056 1203182SF SPACELIFT RANGE SYSTEM (SPACE).... 11,658 11,658
057 1203265SF GPS III SPACE SEGMENT............. 1,626 1,626
058 1203330SF SPACE SUPERIORITY ISR............. 29,128 29,128
059 1203620SF NATIONAL SPACE DEFENSE CENTER..... 2,856 2,856
060 1203873SF BALLISTIC MISSILE DEFENSE RADARS.. 18,615 21,615
.................................. Upgrades for Perimeter Acquisition [3,000]
Radar Attack Characterization
System (PARCS).
061 1203906SF NCMC--TW/AA SYSTEM................ 7,274 7,274
062 1203913SF NUDET DETECTION SYSTEM (SPACE).... 80,429 80,429
063 1203940SF SPACE SITUATION AWARENESS 80,903 80,903
OPERATIONS.
[[Page 136 STAT. 3147]]
064 1206423SF GLOBAL POSITIONING SYSTEM III-- 359,720 359,720
OPERATIONAL CONTROL SEGMENT.
068 1206770SF ENTERPRISE GROUND SERVICES........ 123,601 123,601
9999 9999999999 CLASSIFIED PROGRAMS............... 4,973,358 5,306,358
.................................. INDOPACOM UFR--Operationalize near- [308,000]
term space control.
.................................. Program adjustment................ [25,000]
.................................. SUBTOTAL OPERATIONAL SYSTEM 6,103,307 6,439,307
DEVELOPMENT.
..................................
.................................. SOFTWARE & DIGITAL TECHNOLOGY
PILOT PROGRAMS
070 1208248SF SPACE COMMAND & CONTROL--SOFTWARE 155,053 155,053
PILOT PROGRAM.
.................................. SUBTOTAL SOFTWARE & DIGITAL 155,053 155,053
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. UNDISTRIBUTED
999 99999999 UNDISTRIBUTED..................... 539,491
.................................. Inflation effects................. [539,491]
.................................. SUBTOTAL UNDISTRIBUTED............ 539,491
..................................
.................................. TOTAL RDTE, SPACE FORCE........... 15,819,372 16,589,070
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, DW
.................................. BASIC RESEARCH
001 0601000BR DTRA BASIC RESEARCH............... 11,584 11,584
002 0601101E DEFENSE RESEARCH SCIENCES......... 401,870 494,344
.................................. AI for supply chain............... [3,000]
.................................. Math and computer science......... [5,000]
.................................. Program increase.................. [84,474]
003 0601108D8Z HIGH ENERGY LASER RESEARCH 16,257 16,257
INITIATIVES.
004 0601110D8Z BASIC RESEARCH INITIATIVES........ 62,386 84,686
.................................. CPF--FIU/SOUTHCOM Security [1,300]
Research Hub / Enhanced Domain
Awareness (EDA) Initiative.
.................................. CPF--HBCU Training for the Future [1,000]
of Aerospace.
.................................. Defense established program to [20,000]
stimulate competitive research
(DEPSCoR).
005 0601117E BASIC OPERATIONAL MEDICAL RESEARCH 80,874 80,874
SCIENCE.
006 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM 132,347 140,347
.................................. CPF--Florida Memorial Avionics [1,000]
Smart Scholars.
.................................. Program increase--Ronald V. [5,000]
Dellums Memorial Fellowship.
.................................. SMART............................. [2,000]
007 0601228D8Z HISTORICALLY BLACK COLLEGES AND 33,288 131,711
UNIVERSITIES/MINORITY
INSTITUTIONS.
.................................. CPF--Augmenting Quantum Sensing [1,111]
Research, Education and Training
in DoD CoE at DSU.
.................................. CPF--Florida Memorial University [600]
Department of Natural Sciences
STEM Equipment.
.................................. Program increase.................. [66,712]
.................................. Program increase for STEM programs [30,000]
008 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE 34,734 34,734
PROGRAM.
.................................. SUBTOTAL BASIC RESEARCH........... 773,340 994,537
..................................
.................................. APPLIED RESEARCH
010 0602000D8Z JOINT MUNITIONS TECHNOLOGY........ 18,961 18,961
011 0602115E BIOMEDICAL TECHNOLOGY............. 106,958 114,658
.................................. Next-Generation Combat Casualty [7,700]
Care.
012 0602128D8Z PROMOTION AND PROTECTION 3,275 3,275
STRATEGIES.
014 0602230D8Z DEFENSE TECHNOLOGY INNOVATION..... 20,634 60,634
.................................. Open radio access networks for [40,000]
next generation wireless
experimentation.
015 0602234D8Z LINCOLN LABORATORY RESEARCH 46,159 46,159
PROGRAM.
[[Page 136 STAT. 3148]]
016 0602251D8Z APPLIED RESEARCH FOR THE 67,666 67,666
ADVANCEMENT OF S&T PRIORITIES.
017 0602303E INFORMATION & COMMUNICATIONS 388,270 513,270
TECHNOLOGY.
.................................. AI/autonomy to cybersecurity and [30,000]
cyberspace operations challenges.
.................................. National Security Commission on AI [75,000]
recommendations.
.................................. Underexplored systems for utility- [20,000]
scale quantum computing.
018 0602383E BIOLOGICAL WARFARE DEFENSE........ 23,059 23,059
019 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE 256,197 256,197
PROGRAM.
020 0602668D8Z CYBER SECURITY RESEARCH........... 17,264 32,264
.................................. Cyber consortium seedling funding. [10,000]
.................................. Program increase--Pacific [5,000]
intelligence and innovation
initiative.
021 0602675D8Z SOCIAL SCIENCES FOR ENVIRONMENTAL 4,000 4,000
SECURITY.
022 0602702E TACTICAL TECHNOLOGY............... 221,883 243,383
.................................. MAD-FIRES......................... [35,000]
.................................. Program reduction................. [-13,500]
023 0602715E MATERIALS AND BIOLOGICAL 352,976 342,776
TECHNOLOGY.
.................................. Reduce growth..................... [-12,500]
.................................. ReVector.......................... [2,300]
024 0602716E ELECTRONICS TECHNOLOGY............ 557,745 557,745
025 0602718BR COUNTER WEAPONS OF MASS 192,162 192,162
DESTRUCTION APPLIED RESEARCH.
026 0602751D8Z SOFTWARE ENGINEERING INSTITUTE 11,030 11,030
(SEI) APPLIED RESEARCH.
027 0602890D8Z HIGH ENERGY LASER RESEARCH........ 48,587 48,587
028 1160401BB SOF TECHNOLOGY DEVELOPMENT........ 49,174 49,174
.................................. SUBTOTAL APPLIED RESEARCH......... 2,386,000 2,585,000
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
029 0603000D8Z JOINT MUNITIONS ADVANCED 34,065 34,065
TECHNOLOGY.
030 0603121D8Z SO/LIC ADVANCED DEVELOPMENT....... 4,919 4,919
031 0603122D8Z COMBATING TERRORISM TECHNOLOGY 72,614 92,614
SUPPORT.
.................................. United States-Israel Cooperation [15,000]
to Counter Unmanned Aerial
Systems.
.................................. VTOL Loitering Munition (ROC-X)... [5,000]
032 0603133D8Z FOREIGN COMPARATIVE TESTING....... 26,802 26,802
034 0603160BR COUNTER WEAPONS OF MASS 395,721 395,721
DESTRUCTION ADVANCED TECHNOLOGY
DEVELOPMENT.
035 0603176BR ADVANCED CONCEPTS AND PERFORMANCE 6,505 6,505
ASSESSMENT.
036 0603176C ADVANCED CONCEPTS AND PERFORMANCE 16,737 16,737
ASSESSMENT.
037 0603180C ADVANCED RESEARCH................. 22,023 40,023
.................................. Benzoxazine High-Mach System [4,000]
Thermal Protection.
.................................. High Temperature Nickel Based [4,000]
Alloy research.
.................................. Sounding Rocket Testbed Technology [10,000]
Maturation Tests.
038 0603183D8Z JOINT HYPERSONIC TECHNOLOGY 52,156 55,156
DEVELOPMENT &TRANSITION.
.................................. Accelerate co-development of key [3,000]
partner programs.
039 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY 18,898 18,898
DEVELOPMENT.
040 0603286E ADVANCED AEROSPACE SYSTEMS........ 253,135 350,435
.................................. GlideBreaker...................... [20,000]
.................................. OpFires........................... [42,300]
.................................. Tactical Boost Glide (TBG)........ [35,000]
041 0603287E SPACE PROGRAMS AND TECHNOLOGY..... 81,888 81,888
042 0603288D8Z ANALYTIC ASSESSMENTS.............. 24,052 24,052
043 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND 53,890 61,390
CONCEPTS.
[[Page 136 STAT. 3149]]
.................................. Emerging opportunities............ [7,500]
046 0603338D8Z DEFENSE MODERNIZATION AND 141,561 141,561
PROTOTYPING.
047 0603342D8Z DEFENSE INNOVATION UNIT (DIU)..... 42,925 87,925
.................................. National Security Innovation [15,000]
Capital program increase.
.................................. Program increase.................. [25,000]
.................................. Small craft electric propulsion... [5,000]
048 0603375D8Z TECHNOLOGY INNOVATION............. 109,535 309,535
.................................. Accelerating quantum applications. [100,000]
.................................. Domestic Supply Chain for [100,000]
Microelectronics Critical Element
Production.
049 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE 238,407 233,262
PROGRAM--ADVANCED DEVELOPMENT.
.................................. Biological Defense Vaccines and [5,000]
Advanced Therapeutics.
.................................. Poor justification................ [-10,145]
050 0603527D8Z RETRACT LARCH..................... 79,493 79,493
051 0603618D8Z JOINT ELECTRONIC ADVANCED 19,218 19,218
TECHNOLOGY.
052 0603648D8Z JOINT CAPABILITY TECHNOLOGY 114,100 114,100
DEMONSTRATIONS.
053 0603662D8Z NETWORKED COMMUNICATIONS 3,168 3,168
CAPABILITIES.
054 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE 256,142 743,142
AND TECHNOLOGY PROGRAM.
.................................. Advanced textiles................. [10,000]
.................................. Artificial intelligence for [3,000]
predictive maintenance.
.................................. BioMADE........................... [30,000]
.................................. Biotechnology Manufacturing [300,000]
Institutes.
.................................. CPF--Future Nano and Micro- [4,000]
Fabrication - Advanced Materials
Engineering Research Institute.
.................................. CPF--Manufacturing of Advanced [4,000]
Composites for Hypersonics -
Aided by Digital Engineering.
.................................. CPF--Scalable comprehensive [4,000]
workforce readiness initiatives
in bioindustrial manufacturing
that lead to regional bioeconomic
transformation and growth.
.................................. HPC-enabled advanced manufacturing [25,000]
.................................. Increase production capacity for [12,000]
hypersonics.
.................................. Internet of things and operational [5,000]
technology asset identification
and management.
.................................. New bioproducts................... [10,000]
.................................. Robotics supply chain research.... [15,000]
.................................. Silicon carbide matrix materials [50,000]
for hypersonics.
.................................. Tools and methods to improve [15,000]
biomanufacturing.
055 0603680S MANUFACTURING TECHNOLOGY PROGRAM.. 46,166 49,166
.................................. AI-based market research.......... [3,000]
056 0603712S GENERIC LOGISTICS R&D TECHNOLOGY 13,663 13,663
DEMONSTRATIONS.
057 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH 58,411 63,411
PROGRAM.
.................................. SERDP- PFAS remediation [5,000]
technologies.
058 0603720S MICROELECTRONICS TECHNOLOGY 139,833 139,833
DEVELOPMENT AND SUPPORT.
059 0603727D8Z JOINT WARFIGHTING PROGRAM......... 2,411 2,411
060 0603739E ADVANCED ELECTRONICS TECHNOLOGIES. 250,917 250,917
061 0603760E COMMAND, CONTROL AND 305,050 315,050
COMMUNICATIONS SYSTEMS.
.................................. DARPA LogX advanced supply chain [10,000]
mapping.
062 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY 678,562 853,562
.................................. Assault Breaker II................ [120,000]
.................................. Classified program................ [15,000]
.................................. DARPA network-centric warfare [20,000]
technology.
.................................. Non-kinetic/cyber modeling and [20,000]
simulation.
063 0603767E SENSOR TECHNOLOGY................. 314,502 314,502
064 0603769D8Z DISTRIBUTED LEARNING ADVANCED 201 201
TECHNOLOGY DEVELOPMENT.
[[Page 136 STAT. 3150]]
065 0603781D8Z SOFTWARE ENGINEERING INSTITUTE.... 13,417 13,417
066 0603924D8Z HIGH ENERGY LASER ADVANCED 111,149 111,149
TECHNOLOGY PROGRAM.
067 0603941D8Z TEST & EVALUATION SCIENCE & 315,090 350,090
TECHNOLOGY.
.................................. Program increase.................. [35,000]
068 0603950D8Z NATIONAL SECURITY INNOVATION 22,028 42,028
NETWORK.
.................................. Mission acceleration centers...... [20,000]
069 0604055D8Z OPERATIONAL ENERGY CAPABILITY 180,170 179,290
IMPROVEMENT.
.................................. Excess growth..................... [-10,880]
.................................. Program increase for tristructural- [10,000]
isotropic fuel.
072 1160402BB SOF ADVANCED TECHNOLOGY 118,877 125,877
DEVELOPMENT.
.................................. Next Generation ISR SOF [7,000]
Enhancement/ Technical Support
Systems.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 4,638,401 5,765,176
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
074 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 41,507 41,507
SECURITY EQUIPMENT RDT&E ADC&P.
075 0603600D8Z WALKOFF........................... 133,795 133,795
076 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL 84,638 93,638
CERTIFICATION PROGRAM.
.................................. ESTCP--PFAS Disposal.............. [5,000]
.................................. ESTCP--PFAS free fire fighting [1,000]
turnout gear.
.................................. Sustainable Technology Evaluation [3,000]
and Demonstration program.
077 0603881C BALLISTIC MISSILE DEFENSE TERMINAL 190,216 190,216
DEFENSE SEGMENT.
078 0603882C BALLISTIC MISSILE DEFENSE 667,524 667,524
MIDCOURSE DEFENSE SEGMENT.
079 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE 291,364 252,010
PROGRAM--DEM/VAL.
.................................. Poor justification................ [-39,354]
080 0603884C BALLISTIC MISSILE DEFENSE SENSORS. 231,134 231,134
081 0603890C BMD ENABLING PROGRAMS............. 591,847 591,847
082 0603891C SPECIAL PROGRAMS--MDA............. 316,977 316,977
083 0603892C AEGIS BMD......................... 600,072 600,072
084 0603896C BALLISTIC MISSILE DEFENSE COMMAND 589,374 589,374
AND CONTROL, BATTLE MANAGEMENT
AND COMMUNICATI.
085 0603898C BALLISTIC MISSILE DEFENSE JOINT 50,269 50,269
WARFIGHTER SUPPORT.
086 0603904C MISSILE DEFENSE INTEGRATION & 49,367 49,367
OPERATIONS CENTER (MDIOC).
087 0603906C REGARDING TRENCH.................. 12,146 12,146
088 0603907C SEA BASED X-BAND RADAR (SBX)...... 164,668 164,668
089 0603913C ISRAELI COOPERATIVE PROGRAMS...... 300,000 300,000
090 0603914C BALLISTIC MISSILE DEFENSE TEST.... 367,824 367,824
091 0603915C BALLISTIC MISSILE DEFENSE TARGETS. 559,513 619,513
.................................. Advanced Reactive Target [20,000]
Simulation Development.
.................................. Hypersonic Maneuvering Extended [40,000]
Range (HMER) Target System.
092 0603923D8Z COALITION WARFARE................. 11,154 11,154
093 0604011D8Z NEXT GENERATION INFORMATION 249,591 329,591
COMMUNICATIONS TECHNOLOGY (5G).
.................................. 5G experimentation, transition, [80,000]
and ORAN activities.
094 0604016D8Z DEPARTMENT OF DEFENSE CORROSION 3,166 3,166
PROGRAM.
095 0604102C GUAM DEFENSE DEVELOPMENT.......... 397,936 397,936
096 0604115C TECHNOLOGY MATURATION INITIATIVES. 7,000
.................................. Diode-Pumped Alkali Laser (DPAL) [7,000]
development.
097 0604124D8Z CHIEF DIGITAL AND ARTIFICIAL 33,950 33,950
INTELLIGENCE OFFICER (CDAO)--MIP.
099 0604181C HYPERSONIC DEFENSE................ 225,477 517,977
[[Page 136 STAT. 3151]]
.................................. MDA UFR--Glide phase defense [292,500]
weapons systems.
100 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES.. 1,145,358 1,182,622
.................................. Cost overestimation--mission [-49,236]
support expenses.
.................................. INDOPACOM UFR--Sea Urchin powered [30,000]
quickstrike mines.
.................................. INDOPACOM UFR--SIGINT upgrades.... [9,500]
.................................. Program increase.................. [40,000]
.................................. Program increase--pele mobile [7,000]
nuclear microreactor.
101 0604294D8Z TRUSTED & ASSURED MICROELECTRONICS 647,226 672,226
.................................. Program increase--radiation- [20,000]
hardened fully-depleted silicon-
on-insulator microelectronics.
.................................. Trusted & Assured Microelectronics [5,000]
102 0604331D8Z RAPID PROTOTYPING PROGRAM......... 179,189 179,189
103 0604341D8Z DEFENSE INNOVATION UNIT (DIU) 24,402 24,402
PROTOTYPING.
104 0604400D8Z DEPARTMENT OF DEFENSE (DOD) 2,691 2,691
UNMANNED SYSTEM COMMON
DEVELOPMENT.
105 0604551BR CATAPULT.......................... 7,130 7,130
106 0604555D8Z OPERATIONAL ENERGY CAPABILITY 45,779 45,779
IMPROVEMENT--NON S&T.
108 0604682D8Z WARGAMING AND SUPPORT FOR 3,229 3,229
STRATEGIC ANALYSIS (SSA).
109 0604826J JOINT C5 CAPABILITY DEVELOPMENT, 40,699 44,699
INTEGRATION AND INTEROPERABILITY
ASSESSMENTS.
.................................. Excess to need.................... [-5,000]
.................................. JADC2 experimentation............. [9,000]
110 0604873C LONG RANGE DISCRIMINATION RADAR 75,120 75,120
(LRDR).
111 0604874C IMPROVED HOMELAND DEFENSE 1,833,357 1,833,357
INTERCEPTORS.
112 0604876C BALLISTIC MISSILE DEFENSE TERMINAL 69,762 69,762
DEFENSE SEGMENT TEST.
113 0604878C AEGIS BMD TEST.................... 182,776 175,619
.................................. Excess growth..................... [-7,157]
114 0604879C BALLISTIC MISSILE DEFENSE SENSOR 88,326 88,326
TEST.
115 0604880C LAND-BASED SM-3 (LBSM3)........... 27,678 27,678
116 0604887C BALLISTIC MISSILE DEFENSE 84,075 84,075
MIDCOURSE SEGMENT TEST.
117 0202057C SAFETY PROGRAM MANAGEMENT......... 2,417 2,417
118 0300206R ENTERPRISE INFORMATION TECHNOLOGY 2,664 2,664
SYSTEMS.
120 0305103C CYBER SECURITY INITIATIVE......... 1,165 1,165
123 1206895C BALLISTIC MISSILE DEFENSE SYSTEM 129,957 129,957
SPACE PROGRAMS.
276 0604795D8Z ACCELERATE PROCUREMENT AND 100,000
FIELDING OF INNOVATIVE
TECHNOLOGIES (APFIT).
.................................. Realignment of funds.............. [100,000]
.................................. SUBTOTAL ADVANCED COMPONENT 10,756,509 11,324,762
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
124 0604123D8Z CHIEF DIGITAL AND ARTIFICIAL 273,340 273,340
INTELLIGENCE OFFICER (CDAO)--DEM/
VAL ACTIVITIES.
125 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 6,482 6,482
SECURITY EQUIPMENT RDT&E SDD.
127 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE 312,148 309,073
PROGRAM--EMD.
.................................. Poor justification................ [-3,075]
128 0604771D8Z JOINT TACTICAL INFORMATION 9,120 9,120
DISTRIBUTION SYSTEM (JTIDS).
129 0605000BR COUNTER WEAPONS OF MASS 14,403 14,403
DESTRUCTION SYSTEMS DEVELOPMENT.
130 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT 1,244 1,244
131 0605021SE HOMELAND PERSONNEL SECURITY 6,191 6,191
INITIATIVE.
[[Page 136 STAT. 3152]]
132 0605022D8Z DEFENSE EXPORTABILITY PROGRAM..... 10,145 10,145
133 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES 5,938 5,938
136 0605080S DEFENSE AGENCY INITIATIVES (DAI)-- 23,171 23,171
FINANCIAL SYSTEM.
137 0605141BR MISSION ASSURANCE RISK MANAGEMENT 14,093 14,093
SYSTEM (MARMS).
138 0605210D8Z DEFENSE-WIDE ELECTRONIC 6,949 6,949
PROCUREMENT CAPABILITIES.
139 0605294D8Z TRUSTED & ASSURED MICROELECTRONICS 302,963 302,963
140 0605772D8Z NUCLEAR COMMAND, CONTROL, & 3,758 3,758
COMMUNICATIONS.
141 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION 8,121 8,121
MANAGEMENT (EEIM).
142 0305310D8Z CWMD SYSTEMS: SYSTEM DEVELOPMENT 16,048 16,048
AND DEMONSTRATION.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 1,014,114 1,011,039
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
143 0603829J JOINT CAPABILITY EXPERIMENTATION.. 12,452 12,452
144 0604774D8Z DEFENSE READINESS REPORTING SYSTEM 8,902 8,902
(DRRS).
145 0604875D8Z JOINT SYSTEMS ARCHITECTURE 6,610 6,610
DEVELOPMENT.
146 0604940D8Z CENTRAL TEST AND EVALUATION 819,358 1,094,358
INVESTMENT DEVELOPMENT (CTEIP).
.................................. Program increase.................. [275,000]
147 0604942D8Z ASSESSMENTS AND EVALUATIONS....... 4,607 4,607
148 0605001E MISSION SUPPORT................... 86,869 86,869
149 0605100D8Z JOINT MISSION ENVIRONMENT TEST 126,079 151,079
CAPABILITY (JMETC).
.................................. Joint Mission Environment......... [25,000]
150 0605126J JOINT INTEGRATED AIR AND MISSILE 53,278 53,278
DEFENSE ORGANIZATION (JIAMDO).
152 0605142D8Z SYSTEMS ENGINEERING............... 39,009 39,009
153 0605151D8Z STUDIES AND ANALYSIS SUPPORT--OSD. 5,716 5,716
154 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY. 15,379 15,379
155 0605170D8Z SUPPORT TO NETWORKS AND 9,449 9,449
INFORMATION INTEGRATION.
156 0605200D8Z GENERAL SUPPORT TO 6,112 6,112
OUSD(INTELLIGENCE AND SECURITY).
157 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE 124,475 124,475
PROGRAM.
158 0605502BP SMALL BUSINESS INNOVATIVE 5,100
RESEARCH--CHEMICAL BIOLOGICAL DEF.
.................................. Operational Rapid Multi-Pathogen [5,100]
Diagnostic Tool.
165 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH 3,820 3,820
(SBIR)/ SMALL BUSINESS TECHNOLOGY
TRANSFER.
166 0605797D8Z MAINTAINING TECHNOLOGY ADVANTAGE.. 35,414 35,414
167 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS....... 56,114 56,114
168 0605801KA DEFENSE TECHNICAL INFORMATION 63,184 63,184
CENTER (DTIC).
169 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, 23,757 23,757
TESTING AND EVALUATION.
170 0605804D8Z DEVELOPMENT TEST AND EVALUATION... 26,652 26,652
171 0605898E MANAGEMENT HQ--R&D................ 14,636 14,636
172 0605998KA MANAGEMENT HQ--DEFENSE TECHNICAL 3,518 3,518
INFORMATION CENTER (DTIC).
173 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS.... 15,244 15,244
174 0606114D8Z ANALYSIS WORKING GROUP (AWG) 4,700 4,700
SUPPORT.
175 0606135D8Z CHIEF DIGITAL AND ARTIFICIAL 13,132 13,132
INTELLIGENCE OFFICER (CDAO)
ACTIVITIES.
176 0606225D8Z ODNA TECHNOLOGY AND RESOURCE 3,323 3,323
ANALYSIS.
177 0606300D8Z DEFENSE SCIENCE BOARD............. 2,532 2,532
[[Page 136 STAT. 3153]]
179 0606771D8Z CYBER RESILIENCY AND CYBERSECURITY 32,306 32,306
POLICY.
180 0606853BR MANAGEMENT, TECHNICAL & 12,354 12,354
INTERNATIONAL SUPPORT.
181 0203345D8Z DEFENSE OPERATIONS SECURITY 3,034 3,034
INITIATIVE (DOSI).
182 0204571J JOINT STAFF ANALYTICAL SUPPORT.... 4,332 4,332
183 0208045K C4I INTEROPERABILITY.............. 69,698 69,698
189 0305172K COMBINED ADVANCED APPLICATIONS.... 16,171 16,171
191 0305208K DISTRIBUTED COMMON GROUND/SURFACE 3,072 3,072
SYSTEMS.
192 0804768J COCOM EXERCISE ENGAGEMENT AND 37,852 37,852
TRAINING TRANSFORMATION (CE2T2)--
NON-MHA.
193 0808709SE DEFENSE EQUAL OPPORTUNITY 716 716
MANAGEMENT INSTITUTE (DEOMI).
194 0901598C MANAGEMENT HQ--MDA................ 25,259 25,259
195 0903235K JOINT SERVICE PROVIDER (JSP)...... 3,141 3,141
9999 9999999999 CLASSIFIED PROGRAMS............... 37,841 37,841
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 1,830,097 2,135,197
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
200 0607210D8Z INDUSTRIAL BASE ANALYSIS AND 588,094 610,094
SUSTAINMENT SUPPORT.
.................................. Carbon/carbon industrial base [3,000]
enhancement.
.................................. CPF--Critical Non-Destructive [2,000]
Inspection and Training for Key
U.S. National Defense Interests
through College of the Canyons
Advanced Technology Center.
.................................. CPF--Partnerships for [4,000]
Manufacturing Training Innovation.
.................................. Precision optics manufacturing.... [5,000]
.................................. RF microelectronics supply chain.. [8,000]
201 0607310D8Z CWMD SYSTEMS: OPERATIONAL SYSTEMS 15,427 15,427
DEVELOPMENT.
202 0607327T GLOBAL THEATER SECURITY 8,317 8,317
COOPERATION MANAGEMENT
INFORMATION SYSTEMS (G-TSCMIS).
203 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE 68,030 68,030
(OPERATIONAL SYSTEMS DEVELOPMENT).
209 0302019K DEFENSE INFO INFRASTRUCTURE 19,145 19,145
ENGINEERING AND INTEGRATION.
210 0303126K LONG-HAUL COMMUNICATIONS--DCS..... 13,195 13,195
211 0303131K MINIMUM ESSENTIAL EMERGENCY 5,746 5,746
COMMUNICATIONS NETWORK (MEECN).
212 0303136G KEY MANAGEMENT INFRASTRUCTURE 92,018 92,018
(KMI).
213 0303140D8Z INFORMATION SYSTEMS SECURITY 43,135 63,135
PROGRAM.
.................................. NSA CAE Cybersecurity Workforce [20,000]
pilot program.
214 0303140G INFORMATION SYSTEMS SECURITY 593,831 593,831
PROGRAM.
215 0303140K INFORMATION SYSTEMS SECURITY 7,005 7,005
PROGRAM.
216 0303150K GLOBAL COMMAND AND CONTROL SYSTEM. 10,020 10,020
217 0303153K DEFENSE SPECTRUM ORGANIZATION..... 19,708 19,708
221 0303430V FEDERAL INVESTIGATIVE SERVICES 5,197 5,197
INFORMATION TECHNOLOGY.
226 0305104D8Z DEFENSE INDUSTRIAL BASE (DIB) 10,000 10,000
CYBER SECURITY INITIATIVE.
229 0305128V SECURITY AND INVESTIGATIVE 450 450
ACTIVITIES.
230 0305133V INDUSTRIAL SECURITY ACTIVITIES.... 1,800 1,800
233 0305146V DEFENSE JOINT COUNTERINTELLIGENCE 4,622 4,622
ACTIVITIES.
234 0305172D8Z COMBINED ADVANCED APPLICATIONS.... 49,380 49,380
237 0305186D8Z POLICY R&D PROGRAMS............... 6,214 6,214
238 0305199D8Z NET CENTRICITY.................... 17,917 17,917
240 0305208BB DISTRIBUTED COMMON GROUND/SURFACE 6,095 6,095
SYSTEMS.
246 0305245D8Z INTELLIGENCE CAPABILITIES AND 4,575 4,575
INNOVATION INVESTMENTS.
[[Page 136 STAT. 3154]]
247 0305251K CYBERSPACE OPERATIONS FORCES AND 2,497 2,497
FORCE SUPPORT.
248 0305327V INSIDER THREAT.................... 9,403 9,403
249 0305387D8Z HOMELAND DEFENSE TECHNOLOGY 1,864 1,864
TRANSFER PROGRAM.
257 0708012K LOGISTICS SUPPORT ACTIVITIES...... 1,620 1,620
258 0708012S PACIFIC DISASTER CENTERS.......... 1,875 1,875
259 0708047S DEFENSE PROPERTY ACCOUNTABILITY 3,264 3,264
SYSTEM.
261 1105219BB MQ-9 UAV.......................... 14,000 29,840
.................................. MQ-9 Mallett reprogramming........ [5,840]
.................................. Speed Loader Agile POD............ [10,000]
263 1160403BB AVIATION SYSTEMS.................. 179,499 179,499
264 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT.. 75,136 75,136
265 1160408BB OPERATIONAL ENHANCEMENTS.......... 142,900 168,810
.................................. Artificial intelligence for Small [15,000]
Unit Maneuver (AISUM).
.................................. CPF--Intercept, Collect, Analyze, [2,300]
and Disrupt (ICAD) Application.
.................................. SOCOM UFR--Switchblade shipboard [8,610]
safety cert.
266 1160431BB WARRIOR SYSTEMS................... 129,133 146,860
.................................. Counter Unmanned Systems (CUxS) [5,400]
Procurement Acceleration.
.................................. Maritime Scalable Effects (MSE) [2,397]
Electronic Warfare System
Acceleration.
.................................. SOCOM UFR--Ground organic [9,930]
precision strike systems.
267 1160432BB SPECIAL PROGRAMS.................. 518 518
268 1160434BB UNMANNED ISR...................... 3,354 3,354
269 1160480BB SOF TACTICAL VEHICLES............. 13,594 13,594
270 1160483BB MARITIME SYSTEMS.................. 82,645 112,645
.................................. Dry Combat Submersible (DCS) Next [30,000]
Acceleration.
272 1160490BB OPERATIONAL ENHANCEMENTS 7,583 7,583
INTELLIGENCE.
273 1203610K TELEPORT PROGRAM.................. 1,270 1,270
9999 9999999999 CLASSIFIED PROGRAMS............... 7,854,604 7,854,604
.................................. SUBTOTAL OPERATIONAL SYSTEMS 10,114,680 10,246,157
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
274 0608197V NATIONAL BACKGROUND INVESTIGATION 132,524 132,524
SERVICES--SOFTWARE PILOT PROGRAM.
275 0608648D8Z ACQUISITION VISIBILITY--SOFTWARE 17,123 17,123
PILOT PROGRAM.
276 0608775D8Z ACCELERATE THE PROCUREMENT AND 100,000 0
FIELDING OF INNOVATIVE
TECHNOLOGIES (APFIT).
.................................. Realignment of funds.............. [-100,000]
277 0303150K GLOBAL COMMAND AND CONTROL SYSTEM. 34,987 34,987
282 0308609V NATIONAL INDUSTRIAL SECURITY 14,749 14,749
SYSTEMS (NISS)--SOFTWARE PILOT
PROGRAM.
9999 9999999999 CLASSIFIED PROGRAMS............... 265,028 265,028
.................................. SUBTOTAL SOFTWARE AND DIGITAL 564,411 464,411
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. UNDISTRIBUTED
999 99999999 UNDISTRIBUTED..................... 849,931
.................................. Inflation effects................. [849,931]
.................................. SUBTOTAL UNDISTRIBUTED............ 849,931
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 32,077,552 35,376,210
& EVAL, DW.
..................................
.................................. OPERATIONAL TEST & EVAL, DEFENSE
.................................. MANAGEMENT SUPPORT
001 0605118OTE OPERATIONAL TEST AND EVALUATION... 119,529 119,529
002 0605131OTE LIVE FIRE TEST AND EVALUATION..... 99,947 99,947
[[Page 136 STAT. 3155]]
003 0605814OTE OPERATIONAL TEST ACTIVITIES AND 57,718 57,718
ANALYSES.
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 277,194 277,194
..................................
.................................. UNDISTRIBUTED
999 99999999 UNDISTRIBUTED..................... 9,485
.................................. Inflation effects................. [9,485]
.................................. SUBTOTAL UNDISTRIBUTED............ 9,485
..................................
.................................. TOTAL OPERATIONAL TEST & EVAL, 277,194 286,679
DEFENSE.
..................................
.................................. TOTAL RDT&E....................... 130,097,410 138,862,616
----------------------------------------------------------------------------------------------------------------
TITLE XLIII--OPERATION AND MAINTENANCE
SEC. 4301. OPERATION AND MAINTENANCE.
------------------------------------------------------------------------
SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2023 Conference
Line Item Request Authorized
------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS................ 4,506,811 4,376,811
Program decrease.......... [-130,000]
020 MODULAR SUPPORT BRIGADES...... 177,136 177,136
030 ECHELONS ABOVE BRIGADE........ 894,629 879,629
Unjustified growth........ [-15,000]
040 THEATER LEVEL ASSETS.......... 2,570,949 2,569,449
Increase for Army Caisson [5,000]
platoon facility
improvements..............
Program decrease.......... [-6,500]
050 LAND FORCES OPERATIONS SUPPORT 1,184,230 1,144,230
Program decrease.......... [-40,000]
060 AVIATION ASSETS............... 2,220,817 2,185,817
Program decrease.......... [-35,000]
070 FORCE READINESS OPERATIONS 7,366,299 7,393,698
SUPPORT......................
Army UFR--Arctic OCIE for [32,500]
Alaska bases, Fort Drum,
Fort Carson...............
Army UFR--female/small [32,500]
stature body armor........
Army UFR--initial issue of [8,999]
Extended Cold Weather
Clothing System Layer 1
and 2.....................
Program decrease.......... [-50,000]
Service Tactical SIGINT [3,400]
Upgrades--INDOPACOM UPL...
080 LAND FORCES SYSTEMS READINESS. 483,683 483,683
090 LAND FORCES DEPOT MAINTENANCE. 1,399,173 1,399,173
100 MEDICAL READINESS............. 897,522 897,522
110 BASE OPERATIONS SUPPORT....... 9,330,325 9,286,325
Base Operating Support for [6,000]
AFFF Replacement, mobile
assets and Disposal.......
Program decrease.......... [-50,000]
120 FACILITIES SUSTAINMENT, 4,666,658 5,220,598
RESTORATION & MODERNIZATION..
Increase for Army Caisson [15,000]
platoon facility
improvements..............
[[Page 136 STAT. 3156]]
Increase for FSRM to 100%. [538,940]
130 MANAGEMENT AND OPERATIONAL 284,483 274,983
HEADQUARTERS.................
Program decrease.......... [-9,500]
140 ADDITIONAL ACTIVITIES......... 450,348 450,348
160 RESET......................... 383,360 383,360
170 US AFRICA COMMAND............. 385,685 445,685
AFRICOM UFR--intelligence, [50,000]
surveillance, and
reconnaissance............
Program increase: [10,000]
USAFRICOM exercise site
surveys...................
180 US EUROPEAN COMMAND........... 359,602 359,602
190 US SOUTHERN COMMAND........... 204,336 208,436
SOUTHCOM enhanced domain [4,100]
awareness.................
200 US FORCES KOREA............... 67,756 67,756
210 CYBERSPACE ACTIVITIES-- 495,066 495,066
CYBERSPACE OPERATIONS........
220 CYBERSPACE ACTIVITIES-- 673,701 673,701
CYBERSECURITY................
230 JOINT CYBER MISSION FORCES.... 178,033 178,033
SUBTOTAL OPERATING FORCES. 39,180,602 39,551,041
MOBILIZATION
240 STRATEGIC MOBILITY............ 434,423 453,213
INDOPACOM UFR--Theater [18,790]
campaigning...............
250 ARMY PREPOSITIONED STOCKS..... 378,494 378,494
260 INDUSTRIAL PREPAREDNESS....... 4,001 4,001
SUBTOTAL MOBILIZATION..... 816,918 835,708
TRAINING AND RECRUITING
270 OFFICER ACQUISITION........... 173,439 173,439
280 RECRUIT TRAINING.............. 78,826 78,826
290 ONE STATION UNIT TRAINING..... 128,117 128,117
300 SENIOR RESERVE OFFICERS 554,992 554,992
TRAINING CORPS...............
310 SPECIALIZED SKILL TRAINING.... 1,115,045 1,115,045
320 FLIGHT TRAINING............... 1,396,392 1,396,392
330 PROFESSIONAL DEVELOPMENT 221,960 221,960
EDUCATION....................
340 TRAINING SUPPORT.............. 717,318 701,318
Program decrease.......... [-16,000]
350 RECRUITING AND ADVERTISING.... 691,053 691,053
360 EXAMINING..................... 192,832 192,832
370 OFF-DUTY AND VOLUNTARY 235,340 235,340
EDUCATION....................
380 CIVILIAN EDUCATION AND 251,378 251,378
TRAINING.....................
390 JUNIOR RESERVE OFFICER 196,088 196,088
TRAINING CORPS...............
SUBTOTAL TRAINING AND 5,952,780 5,936,780
RECRUITING................
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
410 SERVICEWIDE TRANSPORTATION.... 662,083 655,083
Program decrease.......... [-7,000]
420 CENTRAL SUPPLY ACTIVITIES..... 822,018 822,018
430 LOGISTIC SUPPORT ACTIVITIES... 806,861 794,861
Program decrease.......... [-12,000]
440 AMMUNITION MANAGEMENT......... 483,187 483,187
450 ADMINISTRATION................ 486,154 486,154
460 SERVICEWIDE COMMUNICATIONS.... 1,871,173 1,856,173
Program decrease.......... [-15,000]
470 MANPOWER MANAGEMENT........... 344,668 344,668
480 OTHER PERSONNEL SUPPORT....... 811,999 811,999
490 OTHER SERVICE SUPPORT......... 2,267,280 2,245,280
[[Page 136 STAT. 3157]]
Program decrease.......... [-22,000]
500 ARMY CLAIMS ACTIVITIES........ 191,912 191,912
510 REAL ESTATE MANAGEMENT........ 288,942 288,942
520 FINANCIAL MANAGEMENT AND AUDIT 410,983 410,983
READINESS....................
530 DEF ACQUISITION WORKFORCE 38,714 38,714
DEVELOPMENT ACCOUNT..........
540 INTERNATIONAL MILITARY 532,377 532,377
HEADQUARTERS.................
550 MISC. SUPPORT OF OTHER NATIONS 35,709 35,709
590A CLASSIFIED PROGRAMS........... 2,113,196 2,113,196
SUBTOTAL ADMINISTRATION 12,167,256 12,111,256
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
600 UNDISTRIBUTED................. 790,692
Foreign currency [-208,000]
fluctuations..............
Inflation effects......... [1,198,692]
Program decrease [-200,000]
unaccounted for...........
SUBTOTAL UNDISTRIBUTED.... 790,692
TOTAL OPERATION & 58,117,556 59,225,477
MAINTENANCE, ARMY........
OPERATION & MAINTENANCE, ARMY
RES
OPERATING FORCES
010 MODULAR SUPPORT BRIGADES...... 14,404 14,404
020 ECHELONS ABOVE BRIGADE........ 662,104 662,104
030 THEATER LEVEL ASSETS.......... 133,599 133,599
040 LAND FORCES OPERATIONS SUPPORT 646,693 646,693
050 AVIATION ASSETS............... 128,883 128,883
060 FORCE READINESS OPERATIONS 409,994 409,994
SUPPORT......................
070 LAND FORCES SYSTEMS READINESS. 90,595 90,595
080 LAND FORCES DEPOT MAINTENANCE. 44,453 44,453
090 BASE OPERATIONS SUPPORT....... 567,170 567,170
100 FACILITIES SUSTAINMENT, 358,772 403,772
RESTORATION & MODERNIZATION..
Program increase.......... [45,000]
110 MANAGEMENT AND OPERATIONAL 22,112 22,112
HEADQUARTERS.................
120 CYBERSPACE ACTIVITIES-- 2,929 2,929
CYBERSPACE OPERATIONS........
130 CYBERSPACE ACTIVITIES-- 7,382 7,382
CYBERSECURITY................
SUBTOTAL OPERATING FORCES. 3,089,090 3,134,090
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
140 SERVICEWIDE TRANSPORTATION.... 18,994 18,994
150 ADMINISTRATION................ 20,670 20,670
160 SERVICEWIDE COMMUNICATIONS.... 31,652 31,652
170 MANPOWER MANAGEMENT........... 6,852 6,852
180 RECRUITING AND ADVERTISING.... 61,246 61,246
SUBTOTAL ADMINISTRATION 139,414 139,414
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
190 UNDISTRIBUTED................. 33,838
Foreign currency [-10,900]
fluctuations..............
Historical unobligated [-18,000]
balances..................
Inflation effects......... [62,738]
[[Page 136 STAT. 3158]]
SUBTOTAL UNDISTRIBUTED.... 33,838
TOTAL OPERATION & 3,228,504 3,307,342
MAINTENANCE, ARMY RES....
OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS................ 964,237 975,737
Northern Strike........... [11,500]
020 MODULAR SUPPORT BRIGADES...... 214,191 214,191
030 ECHELONS ABOVE BRIGADE........ 820,752 820,752
040 THEATER LEVEL ASSETS.......... 97,184 97,184
050 LAND FORCES OPERATIONS SUPPORT 54,595 54,595
060 AVIATION ASSETS............... 1,169,826 1,160,826
Unjustified growth........ [-9,000]
070 FORCE READINESS OPERATIONS 722,788 722,788
SUPPORT......................
080 LAND FORCES SYSTEMS READINESS. 46,580 46,580
090 LAND FORCES DEPOT MAINTENANCE. 259,765 259,765
100 BASE OPERATIONS SUPPORT....... 1,151,215 1,151,215
110 FACILITIES SUSTAINMENT, 1,053,996 1,184,385
RESTORATION & MODERNIZATION..
Program increase.......... [130,389]
120 MANAGEMENT AND OPERATIONAL 1,148,286 1,148,286
HEADQUARTERS.................
130 CYBERSPACE ACTIVITIES-- 8,715 8,715
CYBERSPACE OPERATIONS........
140 CYBERSPACE ACTIVITIES-- 8,307 8,307
CYBERSECURITY................
SUBTOTAL OPERATING FORCES. 7,720,437 7,853,326
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
150 SERVICEWIDE TRANSPORTATION.... 6,961 6,961
160 ADMINISTRATION................ 73,641 79,441
State Partnership Program. [5,800]
170 SERVICEWIDE COMMUNICATIONS.... 100,389 100,389
180 MANPOWER MANAGEMENT........... 9,231 9,231
190 OTHER PERSONNEL SUPPORT....... 243,491 243,491
200 REAL ESTATE MANAGEMENT........ 3,087 3,087
SUBTOTAL ADMINISTRATION 436,800 442,600
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
210 UNDISTRIBUTED................. 74,698
Foreign currency [-29,000]
fluctuations..............
Inflation effects......... [157,698]
Unobligated balances...... [-54,000]
SUBTOTAL UNDISTRIBUTED.... 74,698
TOTAL OPERATION & 8,157,237 8,370,624
MAINTENANCE, ARNG........
COUNTER ISIS TRAIN AND EQUIP
FUND (CTEF)
COUNTER ISIS TRAIN AND EQUIP
FUND (CTEF)
010 IRAQ.......................... 358,015 322,204
Unjustified request....... [-35,811]
020 SYRIA......................... 183,677 165,309
Unjustified request....... [-18,368]
[[Page 136 STAT. 3159]]
SUBTOTAL COUNTER ISIS 541,692 487,513
TRAIN AND EQUIP FUND
(CTEF)....................
UNDISTRIBUTED
030 UNDISTRIBUTED................. 15,413
Inflation effects......... [15,413]
SUBTOTAL UNDISTRIBUTED.... 15,413
TOTAL COUNTER ISIS TRAIN 541,692 502,926
AND EQUIP FUND (CTEF)....
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 7,334,452 7,260,452
OPERATIONS...................
Costs associated with [6,000]
restoring 5 LCS...........
Program decrease.......... [-80,000]
020 FLEET AIR TRAINING............ 2,793,739 2,793,739
030 AVIATION TECHNICAL DATA & 65,248 65,248
ENGINEERING SERVICES.........
040 AIR OPERATIONS AND SAFETY 214,767 214,767
SUPPORT......................
050 AIR SYSTEMS SUPPORT........... 1,075,365 1,075,365
060 AIRCRAFT DEPOT MAINTENANCE.... 1,751,737 1,859,137
Aircraft Depot Maintenance [107,100]
Events (Multiple Type/
Model/Series).............
Costs associated with [300]
restoring 5 LCS...........
070 AIRCRAFT DEPOT OPERATIONS 70,319 70,319
SUPPORT......................
080 AVIATION LOGISTICS............ 1,679,193 1,659,193
Historical underexecution. [-20,000]
090 MISSION AND OTHER SHIP 6,454,952 6,624,952
OPERATIONS...................
Costs associated with [10,400]
restoring 5 LCS...........
Navy UFR--ship maintenance [150,000]
in support of INDOPACOM
training and exercises....
Restore USS Ashland....... [14,400]
Restore USS Germantown.... [14,400]
Restore USS Gunston Hall.. [15,400]
Restore USS Tortuga....... [15,400]
Unjustified growth........ [-50,000]
100 SHIP OPERATIONS SUPPORT & 1,183,237 1,183,237
TRAINING.....................
110 SHIP DEPOT MAINTENANCE........ 10,038,261 10,383,061
Costs associated with [90,000]
restoring 5 LCS...........
Navy UFR--ship depot [189,000]
maintenance...............
Restore USS Ashland....... [12,500]
Restore USS Germantown.... [21,400]
Restore USS Gunston Hall.. [12,700]
Restore USS Tortuga....... [12,600]
Restore USS Vicksburg..... [6,600]
120 SHIP DEPOT OPERATIONS SUPPORT. 2,422,095 2,818,495
Restore USS Ashland....... [100,000]
Restore USS Germantown.... [100,000]
Restore USS Gunston Hall.. [100,000]
Restore USS Tortuga....... [67,500]
Restore USS Vicksburg..... [28,900]
130 COMBAT COMMUNICATIONS AND 1,632,824 1,633,324
ELECTRONIC WARFARE...........
INDOPACOM UFR--SIGINT [500]
upgrades..................
140 SPACE SYSTEMS AND SURVEILLANCE 339,103 339,103
150 WARFARE TACTICS............... 881,999 881,999
160 OPERATIONAL METEOROLOGY AND 444,150 444,150
OCEANOGRAPHY.................
[[Page 136 STAT. 3160]]
170 COMBAT SUPPORT FORCES......... 2,274,710 2,299,777
INDOPACOM UFR--Theater [18,067]
campaigning...............
INDOPACOM UFR: [22,000]
Stormbreaker..............
Program decrease.......... [-15,000]
180 EQUIPMENT MAINTENANCE AND 194,346 194,346
DEPOT OPERATIONS SUPPORT.....
190 CYBER MISSION FORCES.......... 101,049 101,049
200 COMBATANT COMMANDERS CORE 65,893 73,893
OPERATIONS...................
INDOPACOM UFR--Asia [8,000]
Pacific Regional
Initiative................
210 COMBATANT COMMANDERS DIRECT 282,742 316,642
MISSION SUPPORT..............
INDOPACOM UFR--Pacific [2,400]
Movement Coordination
Center....................
INDOPACOM UFR--PMTEC...... [19,000]
MSV--Carolyn Chouest...... [12,500]
230 CYBERSPACE ACTIVITIES......... 477,540 477,540
240 FLEET BALLISTIC MISSILE....... 1,664,076 1,664,076
250 WEAPONS MAINTENANCE........... 1,495,783 1,495,983
Costs associated with [7,200]
restoring 5 LCS...........
Navy UFR--SM-6 expansion [23,000]
of combat usable asset
inventory.................
Program decrease.......... [-30,000]
260 OTHER WEAPON SYSTEMS SUPPORT.. 649,371 649,371
270 ENTERPRISE INFORMATION........ 1,647,834 1,637,834
Unjustified growth........ [-10,000]
280 SUSTAINMENT, RESTORATION AND 3,549,311 3,984,311
MODERNIZATION................
Increase for FSRM to 100%. [435,000]
290 BASE OPERATING SUPPORT........ 5,503,088 5,559,688
Base Operating Support for [16,600]
AFFF Replacement, mobile
assets and Disposal.......
Historical underexecution. [-20,000]
NAS Fallon Range Expansion [60,000]
SUBTOTAL OPERATING FORCES. 56,287,184 57,761,051
MOBILIZATION
300 SHIP PREPOSITIONING AND SURGE. 467,648 526,248
ESD--restore 2 ships...... [58,600]
310 READY RESERVE FORCE........... 683,932 683,932
320 SHIP ACTIVATIONS/INACTIVATIONS 364,096 349,596
Costs associated with [-7,500]
restoring 5 LCS...........
Historical underexecution. [-7,000]
330 EXPEDITIONARY HEALTH SERVICES 133,780 133,780
SYSTEMS......................
340 COAST GUARD SUPPORT........... 21,196 21,196
SUBTOTAL MOBILIZATION..... 1,670,652 1,714,752
TRAINING AND RECRUITING
350 OFFICER ACQUISITION........... 190,578 190,578
360 RECRUIT TRAINING.............. 14,679 14,679
370 RESERVE OFFICERS TRAINING 170,845 170,845
CORPS........................
380 SPECIALIZED SKILL TRAINING.... 1,133,889 1,127,389
Historical underexecution. [-6,500]
390 PROFESSIONAL DEVELOPMENT 334,844 339,144
EDUCATION....................
Navy O&M Training and [4,300]
Recruiting (Sea Cadets)...
400 TRAINING SUPPORT.............. 356,670 356,670
410 RECRUITING AND ADVERTISING.... 204,498 229,798
Navy UFR--Recruiting [25,300]
Command marketing and
advertising...............
[[Page 136 STAT. 3161]]
420 OFF-DUTY AND VOLUNTARY 89,971 89,971
EDUCATION....................
430 CIVILIAN EDUCATION AND 69,798 69,798
TRAINING.....................
440 JUNIOR ROTC................... 55,194 55,194
SUBTOTAL TRAINING AND 2,620,966 2,644,066
RECRUITING................
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
450 ADMINISTRATION................ 1,349,966 1,274,966
Program decrease.......... [-75,000]
460 CIVILIAN MANPOWER AND 227,772 227,772
PERSONNEL MANAGEMENT.........
470 MILITARY MANPOWER AND 667,627 637,627
PERSONNEL MANAGEMENT.........
Program decrease.......... [-30,000]
480 MEDICAL ACTIVITIES............ 284,962 284,962
490 DEF ACQUISITION WORKFORCE 62,824 62,824
DEVELOPMENT ACCOUNT..........
500 SERVICEWIDE TRANSPORTATION.... 207,501 207,501
520 PLANNING, ENGINEERING, AND 554,265 539,265
PROGRAM SUPPORT..............
Historical underexecution. [-15,000]
530 ACQUISITION, LOGISTICS, AND 798,473 798,473
OVERSIGHT....................
540 INVESTIGATIVE AND SECURITY 791,059 791,059
SERVICES.....................
720A CLASSIFIED PROGRAMS........... 628,700 628,700
SUBTOTAL ADMINISTRATION 5,573,149 5,453,149
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
730 UNDISTRIBUTED................. 1,048,224
Foreign currency [-263,300]
fluctuations..............
Inflation effects......... [1,431,524]
Unobligated balances...... [-120,000]
SUBTOTAL UNDISTRIBUTED.... 1,048,224
TOTAL OPERATION & 66,151,951 68,621,242
MAINTENANCE, NAVY........
OPERATION & MAINTENANCE,
MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES............ 1,740,491 1,729,584
INDOPACOM UFR--Theater [14,093]
campaigning...............
Program decrease.......... [-25,000]
020 FIELD LOGISTICS............... 1,699,425 1,685,766
Unjustified growth........ [-13,659]
030 DEPOT MAINTENANCE............. 221,886 221,886
040 MARITIME PREPOSITIONING....... 139,518 139,518
050 CYBER MISSION FORCES.......... 94,199 94,199
060 CYBERSPACE ACTIVITIES......... 194,904 194,904
070 SUSTAINMENT, RESTORATION & 1,292,219 1,454,219
MODERNIZATION................
Program increase.......... [162,000]
080 BASE OPERATING SUPPORT........ 2,699,487 2,680,487
Historical underexecution. [-19,000]
SUBTOTAL OPERATING FORCES. 8,082,129 8,200,563
TRAINING AND RECRUITING
090 RECRUIT TRAINING.............. 23,217 23,217
100 OFFICER ACQUISITION........... 1,268 1,268
[[Page 136 STAT. 3162]]
110 SPECIALIZED SKILL TRAINING.... 118,638 118,638
120 PROFESSIONAL DEVELOPMENT 64,626 64,626
EDUCATION....................
130 TRAINING SUPPORT.............. 523,603 517,603
Unjustified growth........ [-6,000]
140 RECRUITING AND ADVERTISING.... 225,759 225,759
150 OFF-DUTY AND VOLUNTARY 51,882 51,882
EDUCATION....................
160 JUNIOR ROTC................... 27,660 27,660
SUBTOTAL TRAINING AND 1,036,653 1,030,653
RECRUITING................
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
170 SERVICEWIDE TRANSPORTATION.... 78,542 78,542
180 ADMINISTRATION................ 401,030 401,030
220A CLASSIFIED PROGRAMS........... 62,590 62,590
SUBTOTAL ADMINISTRATION 542,162 542,162
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
230 UNDISTRIBUTED................. 168,819
Foreign currency [-33,800]
fluctuations..............
Inflation effects......... [222,019]
Unobligated balances...... [-19,400]
SUBTOTAL UNDISTRIBUTED.... 168,819
TOTAL OPERATION & 9,660,944 9,942,197
MAINTENANCE, MARINE CORPS
OPERATION & MAINTENANCE, NAVY
RES
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 669,533 669,533
OPERATIONS...................
020 INTERMEDIATE MAINTENANCE...... 11,134 11,134
030 AIRCRAFT DEPOT MAINTENANCE.... 164,892 164,892
040 AIRCRAFT DEPOT OPERATIONS 494 494
SUPPORT......................
050 AVIATION LOGISTICS............ 25,843 25,843
060 COMBAT COMMUNICATIONS......... 20,135 20,135
070 COMBAT SUPPORT FORCES......... 131,104 131,104
080 CYBERSPACE ACTIVITIES......... 289 289
090 ENTERPRISE INFORMATION........ 27,189 27,189
100 SUSTAINMENT, RESTORATION AND 44,784 50,784
MODERNIZATION................
Program increase.......... [6,000]
110 BASE OPERATING SUPPORT........ 116,374 116,374
SUBTOTAL OPERATING FORCES. 1,211,771 1,217,771
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
120 ADMINISTRATION................ 1,986 1,986
130 MILITARY MANPOWER AND 12,550 12,550
PERSONNEL MANAGEMENT.........
140 ACQUISITION AND PROGRAM 1,993 1,993
MANAGEMENT...................
SUBTOTAL ADMINISTRATION 16,529 16,529
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
160 UNDISTRIBUTED................. 21,792
Foreign currency [-3,900]
fluctuations..............
Inflation effects......... [29,192]
Unobligated balances...... [-3,500]
SUBTOTAL UNDISTRIBUTED.... 21,792
[[Page 136 STAT. 3163]]
TOTAL OPERATION & 1,228,300 1,256,092
MAINTENANCE, NAVY RES....
OPERATION & MAINTENANCE, MC
RESERVE
OPERATING FORCES
010 OPERATING FORCES.............. 109,045 109,045
020 DEPOT MAINTENANCE............. 19,361 19,361
030 SUSTAINMENT, RESTORATION AND 45,430 49,811
MODERNIZATION................
Program increase.......... [4,381]
040 BASE OPERATING SUPPORT........ 118,364 118,364
SUBTOTAL OPERATING FORCES. 292,200 296,581
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
050 ADMINISTRATION................ 12,033 12,033
SUBTOTAL ADMINISTRATION 12,033 12,033
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
060 UNDISTRIBUTED................. 1,595
Foreign currency [-3,900]
fluctuations..............
Inflation effects......... [7,995]
Unobligated balances...... [-2,500]
SUBTOTAL UNDISTRIBUTED.... 1,595
TOTAL OPERATION & 304,233 310,209
MAINTENANCE, MC RESERVE..
OPERATION & MAINTENANCE, AIR
FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES......... 936,731 975,731
Historical underexecution. [-21,000]
Realignment of funds...... [60,000]
020 COMBAT ENHANCEMENT FORCES..... 2,657,865 2,497,865
Program decrease.......... [-100,000]
Realignment of funds...... [-60,000]
030 AIR OPERATIONS TRAINING (OJT, 1,467,518 1,477,518
MAINTAIN SKILLS).............
Contract Adversary Air.... [10,000]
040 DEPOT PURCHASE EQUIPMENT 4,341,794 4,606,794
MAINTENANCE..................
Historical underexecution. [-35,000]
Increase for Weapon System [300,000]
Sustainment...............
050 FACILITIES SUSTAINMENT, 4,091,088 4,605,088
RESTORATION & MODERNIZATION..
Program increase.......... [514,000]
060 CYBERSPACE SUSTAINMENT........ 130,754 223,054
Air Force UFR--Weapon [82,300]
system sustainment........
PACAF cyber operations for [10,000]
base resilient
architecture..............
070 CONTRACTOR LOGISTICS SUPPORT 8,782,940 8,752,940
AND SYSTEM SUPPORT...........
Historical underexecution. [-30,000]
080 FLYING HOUR PROGRAM........... 5,871,718 5,833,718
Program decrease.......... [-38,000]
090 BASE SUPPORT.................. 10,638,741 10,598,741
Base Operating Support for [10,000]
AFFF Replacement, mobile
assets, and Disposal......
[[Page 136 STAT. 3164]]
Program decrease.......... [-50,000]
100 GLOBAL C3I AND EARLY WARNING.. 1,035,043 1,033,674
Program decrease--early to [-8,500]
need......................
Technical realignment..... [7,131]
110 OTHER COMBAT OPS SPT PROGRAMS. 1,436,329 1,426,329
Historical underexecution. [-10,000]
120 CYBERSPACE ACTIVITIES......... 716,931 716,931
140 LAUNCH FACILITIES............. 690 690
160 US NORTHCOM/NORAD............. 197,210 197,210
170 US STRATCOM................... 503,419 503,419
180 US CYBERCOM................... 436,807 595,907
Cyber partnership [500]
activities with Jordan....
CYBERCOM UFR--Cyber [136,900]
mission force operational
support...................
CYBERCOM UFR--Joint [11,400]
cyberspace warfighting
architecture..............
Hunt Forward operations... [15,300]
Realignment of funds...... [-5,000]
190 US CENTCOM.................... 331,162 331,162
200 US SOCOM...................... 27,318 27,318
220 CENTCOM CYBERSPACE SUSTAINMENT 1,367 1,367
230 USSPACECOM.................... 329,543 329,543
240 JOINT CYBER MISSION FORCE 186,759 191,759
PROGRAMS.....................
Realignment of funds...... [5,000]
240A CLASSIFIED PROGRAMS........... 1,705,801 1,705,801
SUBTOTAL OPERATING FORCES. 45,827,528 46,632,559
MOBILIZATION
250 AIRLIFT OPERATIONS............ 2,780,616 2,799,533
INDOPACOM Theater [18,917]
Campaigning...............
260 MOBILIZATION PREPAREDNESS..... 721,172 706,172
Historical underexecution. [-15,000]
SUBTOTAL MOBILIZATION..... 3,501,788 3,505,705
TRAINING AND RECRUITING
270 OFFICER ACQUISITION........... 189,721 189,721
280 RECRUIT TRAINING.............. 26,684 26,684
290 RESERVE OFFICERS TRAINING 135,515 135,515
CORPS (ROTC).................
300 SPECIALIZED SKILL TRAINING.... 541,511 541,511
310 FLIGHT TRAINING............... 779,625 779,625
320 PROFESSIONAL DEVELOPMENT 313,556 313,556
EDUCATION....................
330 TRAINING SUPPORT.............. 171,087 171,087
340 RECRUITING AND ADVERTISING.... 197,956 197,956
350 EXAMINING..................... 8,282 8,282
360 OFF-DUTY AND VOLUNTARY 254,907 254,907
EDUCATION....................
370 CIVILIAN EDUCATION AND 355,375 355,375
TRAINING.....................
380 JUNIOR ROTC................... 69,964 69,964
SUBTOTAL TRAINING AND 3,044,183 3,044,183
RECRUITING................
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
390 LOGISTICS OPERATIONS.......... 1,058,129 1,058,129
400 TECHNICAL SUPPORT ACTIVITIES.. 139,428 139,428
410 ADMINISTRATION................ 1,283,066 1,274,066
Program decrease.......... [-9,000]
420 SERVICEWIDE COMMUNICATIONS.... 33,222 33,222
430 OTHER SERVICEWIDE ACTIVITIES.. 1,790,985 1,790,985
440 CIVIL AIR PATROL.............. 30,526 30,526
460 DEF ACQUISITION WORKFORCE 42,558 42,558
DEVELOPMENT ACCOUNT..........
[[Page 136 STAT. 3165]]
480 INTERNATIONAL SUPPORT......... 102,065 102,065
480A CLASSIFIED PROGRAMS........... 1,427,764 1,427,764
SUBTOTAL ADMINISTRATION 5,907,743 5,898,743
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
490 UNDISTRIBUTED................. 833,829
Foreign currency [-208,500]
fluctuations..............
Inflation effects......... [1,254,129]
Unobligated balances...... [-211,800]
SUBTOTAL UNDISTRIBUTED.... 833,829
TOTAL OPERATION & 58,281,242 59,915,019
MAINTENANCE, AIR FORCE...
OPERATION & MAINTENANCE, SPACE
FORCE
OPERATING FORCES
010 GLOBAL C3I & EARLY WARNING.... 472,484 472,484
020 SPACE LAUNCH OPERATIONS....... 187,832 187,832
030 SPACE OPERATIONS.............. 695,228 695,228
040 EDUCATION & TRAINING.......... 153,135 153,135
060 DEPOT MAINTENANCE............. 285,863 285,863
070 FACILITIES SUSTAINMENT, 235,253 309,053
RESTORATION & MODERNIZATION..
NORTHCOM UFR--Cheyenne [43,800]
Mountain Complex..........
Program increase.......... [30,000]
080 CONTRACTOR LOGISTICS AND 1,358,565 1,351,565
SYSTEM SUPPORT...............
Program decrease.......... [-7,000]
090 SPACE OPERATIONS -BOS......... 144,937 144,937
090A CLASSIFIED PROGRAMS........... 272,941 272,941
SUBTOTAL OPERATING FORCES. 3,806,238 3,873,038
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
100 ADMINISTRATION................ 228,420 194,687
Technical realignment..... [-33,733]
110 LOGISTICS OPERATIONS.......... 33,733
Technical realignment..... [33,733]
SUBTOTAL ADMINISTRATION 228,420 228,420
AND SERVICE-WIDE
ACTIVITIES................
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
120 UNDISTRIBUTED................. 82,920
Foreign currency [-14,100]
fluctuations..............
Inflation effects......... [112,020]
Unobligated balances...... [-15,000]
SUBTOTAL ADMINISTRATION 82,920
AND SERVICE-WIDE
ACTIVITIES................
TOTAL OPERATION & 4,034,658 4,184,378
MAINTENANCE, SPACE FORCE.
OPERATION & MAINTENANCE, AF
RESERVE
OPERATING FORCES
010 PRIMARY COMBAT FORCES......... 1,743,908 1,732,908
Unjustified growth........ [-11,000]
[[Page 136 STAT. 3166]]
020 MISSION SUPPORT OPERATIONS.... 193,568 193,568
030 DEPOT PURCHASE EQUIPMENT 493,664 507,764
MAINTENANCE..................
Air Force UFR--Weapon [14,100]
system sustainment........
040 FACILITIES SUSTAINMENT, 133,782 150,782
RESTORATION & MODERNIZATION..
Program increase.......... [17,000]
050 CONTRACTOR LOGISTICS SUPPORT 341,724 341,724
AND SYSTEM SUPPORT...........
060 BASE SUPPORT.................. 522,195 522,195
070 CYBERSPACE ACTIVITIES......... 1,706 1,706
SUBTOTAL OPERATING FORCES. 3,430,547 3,450,647
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
080 ADMINISTRATION................ 102,038 102,038
090 RECRUITING AND ADVERTISING.... 9,057 9,057
100 MILITARY MANPOWER AND PERS 14,896 14,896
MGMT (ARPC)..................
110 OTHER PERS SUPPORT (DISABILITY 7,544 7,544
COMP)........................
120 AUDIOVISUAL................... 462 462
SUBTOTAL ADMINISTRATION 133,997 133,997
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
130 UNDISTRIBUTED................. 27,565
Foreign currency [-12,500]
fluctuations..............
Inflation effects......... [65,065]
Unobligated balances...... [-25,000]
SUBTOTAL UNDISTRIBUTED.... 27,565
TOTAL OPERATION & 3,564,544 3,612,209
MAINTENANCE, AF RESERVE..
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
010 AIRCRAFT OPERATIONS........... 2,301,784 2,301,784
020 MISSION SUPPORT OPERATIONS.... 587,793 587,793
030 DEPOT PURCHASE EQUIPMENT 1,193,699 1,253,699
MAINTENANCE..................
Air Force UFR--Weapon [60,000]
system sustainment........
040 FACILITIES SUSTAINMENT, 437,042 492,042
RESTORATION & MODERNIZATION..
Increase for FSRM to 100%. [55,000]
050 CONTRACTOR LOGISTICS SUPPORT 1,284,264 1,269,264
AND SYSTEM SUPPORT...........
Unjustified growth........ [-15,000]
060 BASE SUPPORT.................. 967,169 967,169
070 CYBERSPACE SUSTAINMENT........ 12,661 12,661
080 CYBERSPACE ACTIVITIES......... 15,886 15,886
SUBTOTAL OPERATING FORCES. 6,800,298 6,900,298
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
090 ADMINISTRATION................ 52,075 54,375
State Partnership Program. [2,300]
100 RECRUITING AND ADVERTISING.... 48,306 48,306
SUBTOTAL ADMINISTRATION 100,381 102,681
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
110 UNDISTRIBUTED................. 115,263
[[Page 136 STAT. 3167]]
Foreign currency [-24,300]
fluctuations..............
Inflation effects......... [149,563]
Unobligated balances...... [-10,000]
SUBTOTAL UNDISTRIBUTED.... 115,263
TOTAL OPERATION & 6,900,679 7,118,242
MAINTENANCE, ANG.........
OPERATION AND MAINTENANCE,
DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF......... 445,366 437,366
Unjustified growth........ [-8,000]
020 JOINT CHIEFS OF STAFF--CYBER.. 9,887 9,887
030 JOINT CHIEFS OF STAFF--JTEEP.. 679,336 661,336
Program decrease.......... [-18,000]
040 OFFICE OF THE SECRETARY OF 246,259 273,759
DEFENSE--MISO................
INDOPACOM UFR--Information [27,500]
operations................
050 SPECIAL OPERATIONS COMMAND 2,056,291 2,056,291
COMBAT DEVELOPMENT ACTIVITIES
060 SPECIAL OPERATIONS COMMAND 39,178 39,178
CYBERSPACE ACTIVITIES........
070 SPECIAL OPERATIONS COMMAND 1,513,025 1,523,425
INTELLIGENCE.................
Counter Unmanned Systems [10,400]
(CUxS) Procurement
Acceleration..............
080 SPECIAL OPERATIONS COMMAND 1,207,842 1,247,493
MAINTENANCE..................
Advanced Engine [3,000]
Performance and
Restoration Program
(Nucleated Foam)..........
C-130J Power by the Hour [21,620]
(PBTH) CLS................
Combatant Craft Medium [4,250]
(CCM) Loss Refurbishment..
Counter Unmanned Systems [5,353]
(CUxS) Procurement
Acceleration..............
Maintenance............... [-5,000]
MQ-9 Mallett reprogramming [-5,840]
Program increase.......... [5,000]
Program increase-- [11,268]
multispectral personal
signature management......
090 SPECIAL OPERATIONS COMMAND 196,271 196,271
MANAGEMENT/OPERATIONAL
HEADQUARTERS.................
100 SPECIAL OPERATIONS COMMAND 1,299,309 1,328,909
OPERATIONAL SUPPORT..........
Advana Authoritative Data [8,000]
Management and Analytics..
Enterprise Data [18,000]
Stewardship Program.......
Identity and Signature [3,600]
Management Modernization..
110 SPECIAL OPERATIONS COMMAND 3,314,770 3,351,761
THEATER FORCES...............
Combat Aviation Advisor [18,000]
mission support...........
INDOPACOM UFR: Theater [9,034]
Campaigning...............
Special Operations support [4,246]
to irregular warfare......
Tactical Mission Network [5,711]
Digital Force Protection..
SUBTOTAL OPERATING FORCES. 11,007,534 11,125,676
TRAINING AND RECRUITING
[[Page 136 STAT. 3168]]
120 DEFENSE ACQUISITION UNIVERSITY 176,454 176,454
130 JOINT CHIEFS OF STAFF......... 101,492 101,492
140 SPECIAL OPERATIONS COMMAND/ 35,279 35,279
PROFESSIONAL DEVELOPMENT
EDUCATION....................
SUBTOTAL TRAINING AND 313,225 313,225
RECRUITING................
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
150 CIVIL MILITARY PROGRAMS....... 139,656 273,156
National Guard Youth [83,500]
Challenge.................
STARBASE.................. [50,000]
170 DEFENSE CONTRACT AUDIT AGENCY. 646,072 636,072
Program decrease.......... [-10,000]
180 DEFENSE CONTRACT AUDIT AGENCY-- 4,107 4,107
CYBER........................
190 DEFENSE CONTRACT MANAGEMENT 1,506,300 1,491,300
AGENCY.......................
Program decrease.......... [-15,000]
200 DEFENSE CONTRACT MANAGEMENT 29,127 29,127
AGENCY--CYBER................
210 DEFENSE COUNTERINTELLIGENCE 983,133 983,133
AND SECURITY AGENCY..........
230 DEFENSE COUNTERINTELLIGENCE 10,245 10,245
AND SECURITY AGENCY--CYBER...
240 DEFENSE HUMAN RESOURCES 935,241 932,241
ACTIVITY.....................
National Language [6,000]
Fellowship Add............
Program decrease.......... [-9,000]
250 DEFENSE HUMAN RESOURCES 26,113 26,113
ACTIVITY--CYBER..............
260 DEFENSE INFORMATION SYSTEMS 2,266,729 2,249,729
AGENCY.......................
Unobligated balances...... [-17,000]
270 DEFENSE INFORMATION SYSTEMS 643,643 643,643
AGENCY--CYBER................
300 DEFENSE LEGAL SERVICES AGENCY. 233,687 233,687
310 DEFENSE LOGISTICS AGENCY...... 429,060 422,560
Unobligated balances...... [-6,500]
320 DEFENSE MEDIA ACTIVITY........ 243,631 236,131
Program decrease.......... [-7,500]
330 DEFENSE POW/MIA OFFICE........ 150,021 150,021
340 DEFENSE SECURITY COOPERATION 2,445,669 2,274,134
AGENCY.......................
International Security [198,465]
Cooperation Programs......
Program adjustment--Border [-75,000]
Security..................
Program adjustment-- [-5,000]
Coalition Support Funds...
Program increase: [10,000]
Irregular Warfare
Functional Center.........
Transfer to Ukraine [-300,000]
Security Assistance
Initiative................
350 DEFENSE TECHNOLOGY SECURITY 40,063 40,063
ADMINISTRATION...............
360 DEFENSE THREAT REDUCTION 941,763 941,763
AGENCY.......................
380 DEFENSE THREAT REDUCTION 56,052 56,052
AGENCY--CYBER................
390 DEPARTMENT OF DEFENSE 3,276,276 3,346,276
EDUCATION ACTIVITY...........
Department of Defense [20,000]
Education Activity (Impact
Aid Students with
Disabilities).............
Department of Defense [50,000]
Education Activity (Impact
Aid)......................
400 MISSILE DEFENSE AGENCY........ 541,787 541,787
430 OFFICE OF THE LOCAL DEFENSE 108,697 128,697
COMMUNITY COOPERATION........
[[Page 136 STAT. 3169]]
Defense Community [20,000]
Infrastructure Program....
440 OFFICE OF THE SECRETARY OF 2,239,072 2,242,072
DEFENSE......................
Bien Hoa dioxin cleanup... [15,000]
CDC nationwide human [20,000]
health assessment.........
Civilian Harm Mitigation [25,000]
and Response Action Plan
Implementation............
Program decrease.......... [-63,000]
Readiness Environmental [6,000]
Protection Integration
Program...................
450 OFFICE OF THE SECRETARY OF 55,255 55,255
DEFENSE--CYBER...............
500 WASHINGTON HEADQUARTERS 369,943 359,943
SERVICES.....................
Program decrease.......... [-10,000]
500A CLASSIFIED PROGRAMS........... 18,764,415 18,764,415
SUBTOTAL ADMINISTRATION 37,085,757 37,071,722
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
510 UNDISTRIBUTED................. 308,472
Historical unobligated [-487,500]
balances..................
Inflation effects......... [765,972]
Program increase: [30,000]
Congressionally mandated
commissions...............
SUBTOTAL UNDISTRIBUTED.... 308,472
TOTAL OPERATION AND 48,406,516 48,819,095
MAINTENANCE, DEFENSE-WIDE
UKRAINE SECURITY ASSISTANCE
010 UKRAINE SECURITY ASSISTANCE 800,000
INITIATIVE...................
Program increase.......... [500,000]
Transfer from Defense [300,000]
Security Cooperation
Agency....................
SUBTOTAL UKRAINE SECURITY 800,000
ASSISTANCE................
TOTAL UKRAINE SECURITY 800,000
ASSISTANCE...............
US COURT OF APPEALS FOR ARMED
FORCES, DEF
ADMINISTRATION AND ASSOCIATED
ACTIVITIES
010 US COURT OF APPEALS FOR THE 16,003 16,187
ARMED FORCES, DEFENSE........
Inflation effects......... [184]
SUBTOTAL ADMINISTRATION 16,003 16,187
AND ASSOCIATED ACTIVITIES.
TOTAL US COURT OF APPEALS 16,003 16,187
FOR ARMED FORCES, DEF....
DOD ACQUISITION WORKFORCE
DEVELOPMENT FUND
ACQUISITION WORKFORCE
DEVELOPMENT
010 ACQ WORKFORCE DEV FD.......... 53,791 53,791
SUBTOTAL ACQUISITION 53,791 53,791
WORKFORCE DEVELOPMENT.....
[[Page 136 STAT. 3170]]
TOTAL DOD ACQUISITION 53,791 53,791
WORKFORCE DEVELOPMENT
FUND.....................
OVERSEAS HUMANITARIAN,
DISASTER, AND CIVIC AID
HUMANITARIAN ASSISTANCE
010 OVERSEAS HUMANITARIAN, 112,800 150,000
DISASTER AND CIVIC AID.......
Program increase.......... [37,200]
SUBTOTAL HUMANITARIAN 112,800 150,000
ASSISTANCE................
TOTAL OVERSEAS 112,800 150,000
HUMANITARIAN, DISASTER,
AND CIVIC AID............
COOPERATIVE THREAT REDUCTION
ACCOUNT
010 COOPERATIVE THREAT REDUCTION.. 341,598 354,394
Inflation effects......... [12,796]
SUBTOTAL COOPERATIVE 341,598 354,394
THREAT REDUCTION..........
TOTAL COOPERATIVE THREAT 341,598 354,394
REDUCTION ACCOUNT........
ENVIRONMENTAL RESTORATION,
ARMY
DEPARTMENT OF THE ARMY
050 ENVIRONMENTAL RESTORATION, 196,244 201,828
ARMY.........................
Inflation effects......... [5,584]
SUBTOTAL DEPARTMENT OF THE 196,244 201,828
ARMY......................
TOTAL ENVIRONMENTAL 196,244 201,828
RESTORATION, ARMY........
ENVIRONMENTAL RESTORATION,
NAVY
DEPARTMENT OF THE NAVY
060 ENVIRONMENTAL RESTORATION, 359,348 399,573
NAVY.........................
Inflation effects......... [10,225]
Program increase.......... [30,000]
SUBTOTAL DEPARTMENT OF THE 359,348 399,573
NAVY......................
TOTAL ENVIRONMENTAL 359,348 399,573
RESTORATION, NAVY........
ENVIRONMENTAL RESTORATION, AIR
FORCE
DEPARTMENT OF THE AIR FORCE
070 ENVIRONMENTAL RESTORATION, AIR 314,474 353,423
FORCE........................
Inflation effects......... [8,949]
Program increase.......... [30,000]
SUBTOTAL DEPARTMENT OF THE 314,474 353,423
AIR FORCE.................
TOTAL ENVIRONMENTAL 314,474 353,423
RESTORATION, AIR FORCE...
ENVIRONMENTAL RESTORATION,
DEFENSE
DEFENSE-WIDE
080 ENVIRONMENTAL RESTORATION, 8,924 9,178
DEFENSE......................
Inflation effects......... [254]
SUBTOTAL DEFENSE-WIDE..... 8,924 9,178
[[Page 136 STAT. 3171]]
TOTAL ENVIRONMENTAL 8,924 9,178
RESTORATION, DEFENSE.....
ENVIRONMENTAL RESTORATION
FORMERLY USED SITES
DEFENSE-WIDE
090 ENVIRONMENTAL RESTORATION 227,262 258,728
FORMERLY USED SITES..........
Inflation effects......... [6,466]
Military Munitions [25,000]
Response Program..........
SUBTOTAL DEFENSE-WIDE..... 227,262 258,728
TOTAL ENVIRONMENTAL 227,262 258,728
RESTORATION FORMERLY USED
SITES....................
SUPPORT FOR INTERNATIONAL
SPORTING COMPETITIONS ,
DEFENSE
OPERATIONS SUPPORT
100 SUPPORT OF INTERNATIONAL 10,377 10,673
SPORTING COMPETITIONS,
DEFENSE......................
Inflation effects......... [296]
SUBTOTAL OPERATIONS 10,377 10,673
SUPPORT...................
TOTAL SUPPORT FOR 10,377 10,673
INTERNATIONAL SPORTING
COMPETITIONS , DEFENSE...
RED HILL RECOVERY FUND
010 RED HILL RECOVERY FUND........ 1,000,000 1,000,000
SUBTOTAL RED HILL RECOVERY 1,000,000 1,000,000
FUND......................
TOTAL RED HILL RECOVERY 1,000,000 1,000,000
FUND.....................
TOTAL OPERATION & 271,218,877 278,792,827
MAINTENANCE..............
------------------------------------------------------------------------
TITLE XLIV--MILITARY PERSONNEL
SEC. 4401. MILITARY PERSONNEL.
------------------------------------------------------------------------
SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2023 Conference
Item Request Authorized
------------------------------------------------------------------------
Military Personnel Appropriations..... 164,139,628 162,279,628
Additional BAH Absorption Restoration [250,000]
(2%).................................
BAH Absorption Restoration (1%)....... [244,000]
Historical underexecution............. [-700,000]
Military Personnel, Navy--Restore Navy [190,000]
Force Structure Cuts (Manpower)......
Additional special incentive pays..... [100,000]
Air Force end strength--E-10 Sentry [234,000]
AWACS and medical billets............
Army end strength reduction........... [-2,200,000]
Basic needs allowance................. [12,000]
Home leave demonstration program...... [10,000]
Medicare-Eligible Retiree Health Care 9,743,704 9,743,704
Fund Contributions...................
[[Page 136 STAT. 3172]]
TOTAL, Military Personnel........... 173,883,332 172,023,332
------------------------------------------------------------------------
TITLE XLV--OTHER AUTHORIZATIONS
SEC. 4501. OTHER AUTHORIZATIONS.
------------------------------------------------------------------------
SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2023 Conference
Program Title Request Authorized
------------------------------------------------------------------------
NATIONAL DEFENSE STOCKPILE TRANSACTION
FUND
DEFENSE STOCKPILE..................... 253,500 1,003,500
Program increase................. [750,000]
TOTAL NATIONAL DEFENSE STOCKPILE 253,500 1,003,500
TRANSACTION FUND...................
WORKING CAPITAL FUND, ARMY
ARMY ARSENALS INITIATIVE.............. 28,448 28,448
ARMY SUPPLY MANAGEMENT................ 1,489 1,489
TOTAL WORKING CAPITAL FUND, ARMY... 29,937 29,937
WORKING CAPITAL FUND, AIR FORCE
TRANSPORTATION
SUPPLIES AND MATERIALS................ 80,448 80,448
TOTAL WORKING CAPITAL FUND, AIR 80,448 80,448
FORCE..............................
WORKING CAPITAL FUND, DEFENSE-WIDE
DEFENSE AUTOMATION & PRODUCTION 2 2
SERVICES.............................
DEFENSE INFORMATION SYSTEMS AGENCY
WORKING CAPITAL FUND SUPPORT.......... 8,300 2,508,300
Fuel inflation................... [2,500,000]
TOTAL WORKING CAPITAL FUND, DEFENSE- 8,302 2,508,302
WIDE...............................
WORKING CAPITAL FUND, DECA
WORKING CAPITAL FUND SUPPORT.......... 1,211,208 1,435,333
Inflation effects................ [14,125]
Program increase................. [210,000]
TOTAL WORKING CAPITAL FUND, DECA... 1,211,208 1,435,333
CHEM AGENTS & MUNITIONS DESTRUCTION
CHEM DEMILITARIZATION--O&M............ 84,612 84,612
CHEM DEMILITARIZATION--RDT&E.......... 975,206 975,206
CHEM DEMILITARIZATION--PROC
UNDISTRIBUTED......................... 28,929
Inflation effects................ [28,929]
TOTAL CHEM AGENTS & MUNITIONS 1,059,818 1,088,747
DESTRUCTION........................
DRUG INTERDICTION & CTR-DRUG
ACTIVITIES, DEF
COUNTER-NARCOTICS SUPPORT............. 619,474 619,474
DRUG DEMAND REDUCTION PROGRAM......... 130,060 130,060
NATIONAL GUARD COUNTER-DRUG PROGRAM... 100,316 100,316
NATIONAL GUARD COUNTER-DRUG SCHOOLS... 5,878 5,878
UNDISTRIBUTED......................... 18,898
[[Page 136 STAT. 3173]]
Inflation effects................ [18,898]
TOTAL DRUG INTERDICTION & CTR-DRUG 855,728 874,626
ACTIVITIES, DEF....................
OFFICE OF THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL--O&M.. 474,650 474,650
OFFICE OF THE INSPECTOR GENERAL--CYBER 1,321 1,321
OFFICE OF THE INSPECTOR GENERAL--RDT&E 1,864 1,864
OFFICE OF THE INSPECTOR GENERAL-- 1,524 1,524
PROCUREMENT..........................
UNDISTRIBUTED......................... 4,932
Inflation effects................ [4,932]
TOTAL OFFICE OF THE INSPECTOR 479,359 484,291
GENERAL............................
DEFENSE HEALTH PROGRAM
IN-HOUSE CARE......................... 9,906,943 9,866,753
Medical care contracts excess [-25,082]
growth...........................
Unjustified growth............... [-15,108]
PRIVATE SECTOR CARE................... 18,455,209 18,442,709
Program decrease................. [-12,500]
CONSOLIDATED HEALTH SUPPORT........... 1,916,366 1,875,949
Unjustified growth............... [-40,417]
INFORMATION MANAGEMENT................ 2,251,151 2,247,789
Unjustified growth............... [-3,362]
MANAGEMENT ACTIVITIES................. 338,678 338,678
EDUCATION AND TRAINING................ 334,845 341,845
TriService Nursing Research [7,000]
Program..........................
BASE OPERATIONS/COMMUNICATIONS........ 2,111,558 2,108,900
Excess growth.................... [-2,658]
R&D RESEARCH.......................... 39,568 44,568
CRDMP Program for Pancreatic [5,000]
Cancer Research..................
R&D EXPLORATRY DEVELOPMENT............ 175,477 175,477
R&D ADVANCED DEVELOPMENT.............. 320,862 333,362
Combat triple negative breast [10,000]
cancer...........................
Post-traumatic stress disorder... [2,500]
R&D DEMONSTRATION/VALIDATION.......... 166,960 166,960
R&D ENGINEERING DEVELOPMENT........... 103,970 103,970
R&D MANAGEMENT AND SUPPORT............ 85,186 85,186
R&D CAPABILITIES ENHANCEMENT.......... 17,971 17,971
PROC INITIAL OUTFITTING............... 21,625 21,625
PROC REPLACEMENT & MODERNIZATION...... 234,157 234,157
PROC JOINT OPERATIONAL MEDICINE 1,467 1,467
INFORMATION SYSTEM...................
PROC MILITARY HEALTH SYSTEM--DESKTOP 72,601 72,601
TO DATACENTER........................
PROC DOD HEALTHCARE MANAGEMENT SYSTEM 240,224 240,224
MODERNIZATION........................
SOFTWARE & DIGITAL TECHNOLOGY PILOT 137,356 137,356
PROGRAMS.............................
TOTAL DEFENSE HEALTH PROGRAM....... 36,932,174 36,857,547
TOTAL OTHER AUTHORIZATIONS......... 40,910,474 44,362,731
------------------------------------------------------------------------
[[Page 136 STAT. 3174]]
TITLE XLVI-- <<NOTE: Military Construction Authorization Act for Fiscal
Year 2023.>> MILITARY CONSTRUCTION
SEC. 4601. MILITARY CONSTRUCTION.
----------------------------------------------------------------------------------------------------------------
SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State/Country and FY 2023 Conference
Account Installation Project Title Request Authorized
----------------------------------------------------------------------------------------------------------------
ARMY
Alabama
Army Anniston Army Depot General Purpose Warehouse 0 2,400
(P&D).
Army Redstone Arsenal Building 6231.............. 0 6,000
Army Redstone Arsenal Physics Lab................ 0 44,000
Army Redstone Arsenal Warehouse.................. 0 52,000
Alaska
Army Fort Wainwright Physical Fitness Center.... 0 50,000
Arizona
Army Yuma Proving Ground Cost to Complete: Ready 0 6,500
Building.
Arkansas
Army Pine Bluff Arsenal Access Control Point (P&D). 0 1,800
Bulgaria
Army Novo Selo Training Cost to Complete: EDI- 0 3,640
Area Ammunition Holding Area.
Colorado
Army Fort Carson Fire Station Support 14,200 14,200
Building.
Florida
Army Camp Bull Simons Child Development Center 0 4,750
(P&D).
Georgia
Army Fort Gillem Cost to Complete: Forensic 0 24,700
Laboratory.
Army Fort Gordon Child Development Center 0 5,000
(P&D).
Germany
Army East Camp Grafenwoehr EDI: Battalion Trng Cplx1 104,000 104,000
(Brks/Veh Maint).
Army East Camp Grafenwoehr EDI: Battalion Trng Cplx2 64,000 64,000
(OPS/Veh Maint).
Hawaii
Army Fort Shafter Water System Upgrade....... 0 33,000
Army Schofield Barracks Company Operations 0 25,000
Facilities.
Army Tripler Army Medical Upgrade Potable Water 0 38,000
Center System.
Japan
Army Kadena Air Force Base Vehicle Maintenance Shop... 0 80,000
Kansas
Army Fort Riley (Custer Unaccompanied Enlisted 0 15,930
Hill) Barracks (P&D).
Kentucky
Army Fort Campbell Cost to Complete: Vehicle 0 13,650
Maintenance Shop.
Kwajalein
Army Kwajalein Atoll Medical Clinic............. 69,000 69,000
Louisiana
Army Fort Polk Child Development Center... 32,000 32,000
Army Fort Polk Cost to Complete: Child 0 9,000
Development Center.
Army Fort Polk Cost to Complete: 0 35,360
Information System
Facility.
Army Fort Polk Cost to Complete: Joint 0 61,000
Operations Center.
Maryland
Army Aberdeen Proving Cost to Complete: Test 0 0
Ground Maintenance Fabrication
Facility.
Army Aberdeen Proving Test Maintenance 0 30,000
Ground Fabrication Facility.
Army Aberdeen Proving Test Maintenance 0 7,600
Ground Fabrication Facility (P&D).
[[Page 136 STAT. 3175]]
Army Fort Meade Cost to Complete: 0 17,550
Cantonment Area Roads.
Mississippi
Army Engineer Research and Lab and Test Building...... 0 20,000
Development Center
Missouri
Army Fort Leonard Wood Central Issue Facility 0 5,300
(P&D).
New Jersey
Army Picatinny Arsenal Precision Munitions Test 0 3,654
Tower.
New Jersey
Army Picatinny Arsenal Igloo Storage Installation. 0 12,000
New Mexico
Army White Sands Missile Missile Assembly Building 0 3,600
Range (P&D).
New York
Army Fort Drum Automated Record Fire Plus 0 3,600
Range.
Army Fort Drum Physical Fitness Testing 0 5,300
Facility (P&D).
Army U.S. Military Academy Engineering Center......... 39,800 39,800
North Carolina
Army Fort Bragg Automated Infantry Platoon 0 1,350
Battle Course (P&D).
Army Fort Bragg Automated Record Fire Range 0 2,000
(P&D).
Army Fort Bragg Child Development Center 0 3,600
(P&D).
Army Fort Bragg Multipurpose Machine Gun 0 1,600
Range (MPMG 2) (P&D).
Army Fort Bragg Multipurpose Training Range 34,000 34,000
Oklahoma
Army Fort Sill Cost to Complete: Advanced 0 85,800
Individual Training
Barracks, Phase 2.
Army McAlester Army Cost to Complete: 0 39,000
Ammunition Plant Ammunition Demolition Shop.
Pennsylvania
Army Letterkenny Army Depot Shipping and Receiving 38,000 38,000
Building.
Texas
Army Corpus Christi Army Powertrain Facility (Engine 103,000 55,000
Depot Assembly).
Army Fort Bliss Fire Station............... 15,000 15,000
Army Fort Hood Automated Infantry Platoon 0 1,220
Battle Course (P&D).
Army Fort Hood Automated Infantry Squad 0 600
Battle Course (P&D).
Army Fort Hood Automated Multipurpose 0 1,240
Machine Gun Range (P&D).
Army Fort Hood Barracks................... 0 19,000
Washington
Army Joint Base Lewis- Barracks................... 49,000 49,000
McChord
Worldwide Unspecified
Army Unspecified Worldwide Child Development Center 0 15,000
Locations Planning & Design Fund.
Army Unspecified Worldwide Cost to Complete: FY21 0 251,860
Locations Inflation Effects.
Army Unspecified Worldwide Cost to Complete: FY22 0 85,200
Locations Inflation Effects.
Army Unspecified Worldwide Cost to Complete: FY23 0 541,080
Locations Inflation Effects.
[[Page 136 STAT. 3176]]
Army Unspecified Worldwide Exercise-Related Minor 0 10,500
Locations Construction (USARPAC).
Army Unspecified Worldwide Host Nation Support........ 26,000 26,000
Locations
Army Unspecified Worldwide Improving Military 0 20,000
Locations Installation Resilience.
Army Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
Army Unspecified Worldwide Lab Revitalization......... 0 30,000
Locations
Army Unspecified Worldwide Planning & Design.......... 167,151 192,151
Locations
Army Unspecified Worldwide Unaccompanied Barracks 0 0
Locations Planning and Design.
Army Unspecified Worldwide Unspecified Minor Military 90,414 110,414
Locations Construction.
........................
Military Construction, Army Total 845,565 2,571,949
......................
NAVY
Arizona
Navy Marine Corps Air Water Treatment (P&D)...... 0 5,000
Station Yuma
Australia
Navy Royal Australian Air PDI: Aircraft Parking Apron 72,446 72,446
Force Base Darwin (INC).
California
Navy Marine Corps Air Range Simulation Training & 120,382 10,382
Ground Combat Center Operations Fac..
Twentynine Palms
Navy Marine Corps Base Camp Basilone Road Realignment.. 85,210 14,768
Pendleton
Navy Marine Corps Base Camp Child Development Center... 0 32,100
Pendleton
Navy Marine Corps Recruit Recruit Barracks........... 0 94,848
Depot San Diego
Navy Naval Air Station F-35C Aircraft Maint. 201,261 41,261
Lemoore Hangar & Airfield Pave.
Navy Naval Base Point Loma Child Development Center... 56,450 64,353
Annex
Navy Naval Base San Diego Floating Dry Dock Mooring 0 9,000
Facility.
Navy Naval Base San Diego Pier 6 Replacement (INC)... 15,565 15,565
Navy Naval Surface Warfare Data Science Analytics and 0 2,845
Center Corona Innovation (P&D).
Division
Navy Naval Surface Warfare Performance Assessment 0 15,000
Center Corona Communications Laboratory.
Division
Connecticut
[[Page 136 STAT. 3177]]
Navy Naval Submarine Base Relocate Underwater 15,514 15,514
New London Electromagnetic Measure..
Djibouti
Navy Camp Lemonnier Electrical Power Plant..... 0 12,000
Florida
Navy Marine Corps Support Communications 0 5,949
Facility Blount Infrastructure
Island Modernization (P&D).
Navy Naval Air Station Engine Test Cells 86,232 36,232
Jacksonville Modifications.
Navy Naval Air Station Advanced Helicopter 0 141,500
Whiting Field Training System Hangar.
Navy Naval Air Station AHTS Aircraft Flight 57,789 57,789
Whiting Field Simulator Facility.
Georgia
Navy Marine Corps Base Consolidated Communication 0 6,400
Albany Facility (P&D).
Navy Naval Submarine Base Nuclear Regional 213,796 13,796
Kings Bay Maintenance Facility.
Navy Naval Submarine Base Trident Training Fac. 65,375 65,375
Kings Bay Columbia Trainer Expan..
Guam
Navy Marine Corps Base Camp PDI: 9th Eng Supp Battalion 131,590 41,590
Blaz Equip & Main Fac.
Navy Marine Corps Base Camp PDI: 9th Engineer Support 35,188 35,188
Blaz Battalion Ops. Fac..
Navy Marine Corps Base Camp PDI: Brown Tree Snake 14,497 14,497
Blaz Exclusion Barrier South.
Navy Marine Corps Base Camp PDI: Ground Combat Element 149,314 69,314
Blaz Inf Btn 1 & 2 Fac.
Hawaii
Navy Joint Base Pearl Dry Dock 3 Replacement 621,185 446,185
Harbor-Hickam (INC).
Navy Joint Base Pearl Missile Magazines.......... 0 10,000
Harbor-Hickam
Navy Joint Base Pearl Upgrade Main Water Lines-- 0 15,000
Harbor-Hickam DA.
Navy Joint Base Pearl Waterfront Production 0 40,000
Harbor-Hickam Facility (P&D).
Navy Marine Corps Base Bachelor Enlisted Quarters. 0 57,900
Kaneohe Bay
Idaho
Navy Naval Surface Warfare ARD Range Craft Berthing 0 707
Center Carderock Facility (P&D).
Division
Japan
Navy Kadena Air Base PDI: Marine Corps Bachelor 94,100 29,100
Enlisted Quarters.
Navy Kadena Air Base PDI: Marine Corps Barracks 101,300 31,300
Complex.
Maine
Navy Portsmouth Naval Child Development Center 0 2,500
Shipyard (P&D).
Navy Portsmouth Naval Multi-Mission Drydock #1 503,282 503,282
Shipyard Extension (INC).
Maryland
Navy Naval Surface Warfare SFOMF Storage Laboratory... 0 2,073
Center Carderock
Division
[[Page 136 STAT. 3178]]
Navy Naval Surface Warfare Ship Systems Integration 0 2,650
Center Carderock and Design Facility (P&D).
Division
Navy Naval Surface Warfare Combustion Laboratory...... 0 6,000
Center Indian Head
Division
Navy Naval Surface Warfare Contained Burn Facility 0 0
Center Indian Head (P&D).
Division
Navy Naval Surface Warfare Contained Burn Facility 0 5,415
Center Indian Head (P&D).
Division
Navy Naval Surface Warfare EOD Explosive Testing Range 0 2,039
Center Indian Head 2 Expansion at SN,
Division Building 2107.
Nevada
Navy Naval Air Station F-35C Aircraft Maintenance 97,865 30,865
Fallon Hangar.
Navy Naval Air Station Fallon Range Training 0 48,300
Fallon Complex Land Acquisition
Phase 2.
North Carolina
Navy Marine Corps Air Aircraft Maintenance Hangar 106,000 21,000
Station Cherry Point (INC).
Navy Marine Corps Air CH-53K Gearbox Repair and 38,415 38,415
Station Cherry Point Test Facility.
Navy Marine Corps Air F-35 Flightline Util 58,000 58,000
Station Cherry Point Modernization PH 2 (INC).
Navy Marine Corps Air Three Module Type II Hangar 0 21,000
Station New River
Navy Marine Corps Base Camp Regional Communications 47,475 47,475
Lejeune Station, Hadnot Point.
Pennsylvania
Navy Naval Surface Warfare Machinery Control 0 92,547
Center Philadelphia Developmental Center.
Division
South Carolina
Navy Marine Corps Recruit Recruit Barracks........... 0 37,600
Depot Parris Island
Navy Marine Corps Recruit Recruit Barracks........... 0 38,300
Depot Parris Island
Spain
Navy Naval Station Rota EDI: Missile Magazines..... 0 92,323
Virginia
Navy Naval Air Station Child Development Center 0 1,200
Oceana (P&D).
Navy Naval Station Norfolk Child Development Center 0 2,300
(P&D).
Navy Naval Station Norfolk Submarine Logistics Support 16,863 16,863
Facilities.
Navy Naval Station Norfolk Submarine Pier 3 (INC)..... 155,000 125,000
[[Page 136 STAT. 3179]]
Navy Naval Surface Warfare Weapons Integration and 0 1,237
Center Dahlgren Test Campus (P&D).
Division
Navy Norfolk Naval Shipyard Dry Dock Saltwater System 47,718 47,718
for CVN-78 (INC).
Navy Naval Surface Warfare Upgrade Electrical 0 2,503
Center Dahlgren Substation 1.
Division
Washington
Navy Naval Air Station E/A-18G Aircraft Flt. Read. 37,461 37,461
Whidbey Island Squad. Train. Fac.
Navy Naval Air Station P-8A Aircraft Airfield 0 68,100
Whidbey Island Pavements Improvements.
Worldwide Unspecified
Navy Unspecified Worldwide Child Development Center 0 15,000
Locations Planning & Design Fund.
Navy Unspecified Worldwide Cost to Complete: FY21 0 99,384
Locations Inflation Effects.
Navy Unspecified Worldwide Cost to Complete: FY22 0 514,892
Locations Inflation Effects.
Navy Unspecified Worldwide Cost to Complete: FY22 0 0
Locations Inflation Effects (P&D).
Navy Unspecified Worldwide Cost to Complete: FY23 0 298,433
Locations Inflation Effects.
Navy Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (P&D).
Navy Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (UMMC).
Navy Unspecified Worldwide Improving Military 0 20,000
Locations Installation Resilience.
Navy Unspecified Worldwide INDOPACOM (P&D)............ 0 50,000
Locations
Navy Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
Navy Unspecified Worldwide Lab Revitalization......... 0 20,000
Locations
Navy Unspecified Worldwide MCON Planning and Funds.... 397,124 422,124
Locations
Navy Unspecified Worldwide Planning & Design.......... 0 63,400
Locations
Navy Unspecified Worldwide Red Hill (P&D)............. 0 0
Locations
Navy Unspecified Worldwide SIOP Planning & Design..... 0 75,000
Locations
Navy Unspecified Worldwide Unspecified Minor Military 109,994 129,994
Locations Construction.
[[Page 136 STAT. 3180]]
Navy Unspecified Worldwide USMC Planning & Design..... 0 37,800
Locations
Navy Unspecified Worldwide Water Treatment and 0 0
Locations Distribution
Infrastructure.
........................
Military Construction, Navy Total 3,752,391 4,621,097
......................
AIR FORCE
Alabama
Air Force Maxwell Air Force Base Commercial Vehicle 0 15,000
Inspection Gate.
Alaska
Air Force Clear Space Force LRDR Dormitory............. 68,000 68,000
Station
Air Force Joint Base Elmendorf- Extend Runway 16/34 (INC).. 100,000 100,000
Richardson
Air Force Joint Base Elmendorf- PFAS: Contaminated Soil 0 5,200
Richardson Removal.
Arizona
Air Force Davis-Monthan Air Combat Rescue Helicopter 0 7,500
Force Base Simulator.
Air Force Luke Air Force Base Child Development Center 0 4,750
(P&D).
California
Air Force Air Force Test Center-- Munitions Igloo--East (P&D) 0 650
Edwards Air Force
Base
Air Force Travis Air Force Base KC-46A ADAL B179, Simulator 0 7,500
Facility.
Air Force Vandenberg Space Force GBSD Consolidated 89,000 14,000
Base Maintenance Facility.
Florida
Air Force Air Force Research Shock and Applied Impact 0 530
Laboratory--Eglin Air Laboratory (SAIL) (P&D).
Force Base
Air Force Eglin Air Force Base F-35A ADAL Squadron 0 2,500
Operations (P&D).
Air Force Eglin Air Force Base F-35A Developmental Test 2- 0 4,100
Bay MX Hangar (P&D).
Air Force Eglin Air Force Base F-35A Developmental Test 2- 0 3,700
Bay Test Hangar (P&D).
Air Force Patrick Space Force Consolidated Communications 0 97,000
Base Center.
Air Force Tyndall Air Force Base Cost to Complete--Natural 0 66,000
Disaster Recovery.
Georgia
Air Force Moody Air Force Base 23d Security Forces 0 1,100
Squadron Operations
Facility (P&D).
Air Force Moody Air Force Base Rescue Squadron Guardian 0 5,770
Angel Operations Facility
(P&D).
Hawaii
Air Force Air Force Research Secure Integration Support 0 89,000
Laboratory--Maui Lab W/ Land Acquisition.
Experimental Site #1
Hungary
Air Force Papa Air Base EDI: DABS-FEV Storage...... 71,000 71,000
Iceland
Air Force Naval Air Station EDI: DABS-FEV Storage...... 94,000 94,000
Keflavik
Illinois
[[Page 136 STAT. 3181]]
Air Force Scott Air Force Base Child Development Center... 0 19,893
Italy
Air Force Aviano Air Base Combat Rescue Helicopter 15,500 15,500
Simulator Facility.
Air Force Aviano Air Base EDI: RADR Storage Facility. 31,000 31,000
Japan
Air Force Kadena Air Base Helicopter Rescue OPS 71,000 71,000
Maintenance Hangar (INC).
Air Force Kadena Air Base PDI: Theater A/C Corrosion 77,000 17,000
Control Ctr (INC).
Air Force Yokota Air Base Cost to Complete: PDI: C- 0 10,000
130J Corrosion Control
Hangar.
Jordan
Air Force Muwaffaq Salti Air Bulk Petroleum/Oil/ 32,000 32,000
Base Lubricants Storage.
Air Force Muwaffaq Salti Air Fuel Cell and Phase 18,000 18,000
Base Maintenance Hangars.
Louisiana
Air Force Barksdale Air Force Weapons Generation Facility 125,000 126,500
Base (INC).
Mariana Islands
Air Force Tinian PDI: Airfield Development 58,000 58,000
Phase 1 (INC).
Air Force Tinian PDI: Fuel Tanks W/Pipeline 92,000 92,000
& Hydrant Sys, INC.
Air Force Tinian PDI: Parking Apron (INC)... 41,000 41,000
Maryland
Air Force Joint Base Andrews Cost to Complete: PAR 0 28,200
Relocate Haz Cargo Pad and
EOD Range.
Massachusetts
Air Force Hanscom Air Force Base MIT-Lincoln Lab (West Lab 30,200 30,200
CSL/MIF), INC.
Nebraska
Air Force Offutt Air Force Base Cost to Complete--Natural 0 235,000
Disaster Recovery.
Nevada
Air Force Nellis Air Force Base Dormitory (P&D)............ 0 7,200
New Mexico
Air Force Cannon Air Force Base Soft Construct Munitions 0 8,000
Storage Area (P&D).
Air Force Holloman Air Force F-16 Formal Training Unit 0 4,140
Base Airfield Requirements
(P&D).
Air Force Holloman Air Force High Speed Test Track (P&D) 0 15,000
Base
Air Force Kirtland Air Force 58th SOW/PJ/CRO Pipeline 0 11,160
Base Dorm (432 RM) (P&D).
Air Force Kirtland Air Force ADAL Systems & Digital 0 2,000
Base Engineering Lab (P&D).
Air Force Kirtland Air Force Explosives Operations 0 540
Base Building (P&D).
Air Force Kirtland Air Force Joint Navigational Warfare 0 4,700
Base Center (P&D).
Air Force Kirtland Air Force Space Rapid Capabilities 0 4,400
Base Office (SPRCO)
Headquarters Facility
(P&D).
New York
Air Force Air Force Research HF Antennas, Newport and 0 4,200
Laboratory--Rome Stockbridge Test Annexes.
Research Site
North Carolina
Air Force Seymour Johnson Air Combat Arms and Maintenance 0 3,300
Force Base Complex (P&D).
Air Force Seymour Johnson Air KC-46 Alert Facility (P&D). 0 530
Force Base
Norway
[[Page 136 STAT. 3182]]
Air Force Rygge Air Station EDI: Base Perimeter 8,200 8,200
Security Fence.
Ohio
Air Force Wright Patterson Air Child Development Center/ 0 29,000
Force Base School Age Center.
Air Force Wright Patterson Air Human Performance Wing 0 4,000
Force Base Laboratory (P&D).
Oklahoma
Air Force Altus Air Force Base South Gate................. 0 4,750
Air Force Tinker Air Force Base E-7 Operations Center (P&D) 0 15,000
Air Force Tinker Air Force Base Facility and Land 30,000 30,000
Acquisition (MROTC).
Air Force Tinker Air Force Base KC-46A 1-Bay Depot 0 80,000
Corrosion Control Hangar.
Air Force Tinker Air Force Base KC-46A 2-Bay Program Depot 0 90,000
Maintenance Hangar.
Air Force Tinker Air Force Base KC-46A 3-Bay Depot 49,000 49,000
Maintenance Hangar (INC).
Air Force Tinker Air Force Base KC-46A Fuel POL 13,600 13,600
Infrastructure.
South Carolina
Air Force Shaw Air Force Base RAPCON Facility............ 10,000 10,000
South Dakota
Air Force Ellsworth Air Force B-21 2-Bay LO Restoration 91,000 41,000
Base Facility (INC).
Air Force Ellsworth Air Force B-21 Radio Frequency 77,000 84,900
Base Facility.
Air Force Ellsworth Air Force B-21 Weapons Generation 50,000 50,000
Base Facility (INC).
Spain
Air Force Moron Air Base EDI: RADR Storage Facility. 29,000 29,000
Tennessee
Air Force Arnold Air Force Base ARC Heater Test Facility 38,000 38,000
Dragon Fire.
Texas
Air Force Joint Base San Antonio BMT Recruit Dormitory 7 90,000 0
(INC).
Air Force Joint Base San Antonio- Cost to Complete: BMT 0 5,400
Lackland Recruit Dormitory 8.
Air Force Joint Base San Antonio- Child Development Center... 0 29,000
Randolph
United Kingdom
Air Force Royal Air Force Cost to Complete: F-35 PGM 0 3,100
Lakenheath Facility.
Air Force Royal Air Force Cost to Complete: Joint 0 421,000
Molesworth Intelligence Analysis
Complex.
Air Force Royal Air Force Cost to Complete: Joint 0 0
Molesworth Intelligence Analysis
Complex Consolidation, PH3.
Utah
Air Force Hill Air Force Base GBSD Organic Software 95,000 95,000
Sustain Ctr (INC).
Air Force Hill Air Force Base GBSD Technology and 84,000 44,000
Collaboration Center.
Washington
Air Force Fairchild Air Force ADAL KC-135 Flight 0 8,000
Base Simulator.
Air Force Fairchild Air Force Cost to Complete: 0 8,000
Base Consolidate TFI Base
Operations.
Worldwide Unspecified
Air Force Unspecified Worldwide Child Development Center 0 15,000
Locations Planning & Design Fund.
[[Page 136 STAT. 3183]]
Air Force Unspecified Worldwide Cost to Complete: FY22 0 291,818
Locations Inflation Effects.
Air Force Unspecified Worldwide Cost to Complete: FY23 0 309,441
Locations Inflation Effects.
Air Force Unspecified Worldwide Cost to Complete: Natural 0 0
Locations Disaster Recovery.
Air Force Unspecified Worldwide Improving Military 0 20,000
Locations Installation Resilience.
Air Force Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
Air Force Unspecified Worldwide Lab Revitalization......... 0 50,000
Locations
Air Force Unspecified Worldwide Planning & Design.......... 135,794 160,794
Locations
Air Force Unspecified Worldwide VARLOCS CTC................ 0 0
Locations
Air Force Various Worldwide Unspecified Minor Military 66,162 81,162
Locations Construction.
Wyoming
Air Force F.E. Warren Air Force Cost to Complete: Weapons 0 26,000
Base Storage Facility.
Air Force F.E. Warren Air Force GBSD Integrated Command 95,000 45,000
Base Center Wing A.
Air Force F.E. Warren Air Force GBSD Land Acquisition...... 34,000 34,000
Base
Air Force F.E. Warren Air Force GBSD Missile Handling 47,000 47,000
Base Complex Wing A.
Air Force F.E. Warren Air Force Military Working Dog Kennel 0 10,000
Base
........................
Military Construction, Air Force Total 2,055,456 3,827,928
......................
DEFENSE-WIDE
Alabama
Defense-Wide Redstone Arsenal MSIC Advanced Analysis 0 15,000
Facility Phase 2 (INC).
Defense-Wide Redstone Arsenal Backup Power Generation.... 0 10,700
(Missile and Space
Intelligence Center)
California
Defense-Wide Marine Corps Mountain Microgrid and Backup Power. 0 25,560
Warfare Training
Center Bridgeport
Defense-Wide Naval Base Coronado SOF Operations Support 75,712 75,712
Facility.
Defense-Wide Naval Base Ventura Ground Mounted Solar 0 13,360
County, Point Mugu Photovoltaic System.
Delaware
Defense-Wide Dover Air Force Base Armed Services Whole Blood 0 350
Processing Laboratory-East
Replacement (P&D).
Djibouti
Defense-Wide Camp Lemonnier Enhanced Energy Security 0 24,000
and Control Systems.
Florida
[[Page 136 STAT. 3184]]
Defense-Wide Hurlburt Field SOF Human Performance 9,100 9,100
Training Center.
Defense-Wide MacDill Air Force Base SOF Joint MISO Web 0 8,730
Operations Facility (P&D).
Defense-Wide MacDill Air Force Base SOF Operations Integration 0 50,000
Facility.
Defense-Wide Naval Air Station Facility Energy Operations 0 2,400
Jacksonville Center Renovation.
Defense-Wide Patrick Space Force Underground Electric 0 8,400
Base Distribution System.
Defense-Wide Patrick Space Force Water Distribution Loop.... 0 7,300
Base
Georgia
Defense-Wide Fort Stewart-Hunter Power Generation and 0 25,400
Army Airfield Microgrid.
Defense-Wide Naval Submarine Base SCADA Modernization........ 0 11,200
Kings Bay
Germany
Defense-Wide Baumholder Baumholder Elementary 71,000 106,700
School.
Defense-Wide Baumholder SOF Battalion Annex........ 22,468 22,468
Defense-Wide Baumholder SOF Communications Annex... 9,885 9,885
Defense-Wide Baumholder SOF Operations Annex....... 23,768 23,768
Defense-Wide Baumholder SOF Support Annex.......... 21,902 21,902
Defense-Wide Rhine Ordnance Medical Center Replacement 299,790 299,790
Barracks (INC 10).
Defense-Wide Wiesbaden Clay Kaserne Elementary 60,000 104,779
School.
Guam
Defense-Wide Naval Base Guam Electrical Distribution 0 34,360
System.
Hawaii
Defense-Wide Joint Base Pearl Primary Electrical 0 25,000
Harbor-Hickam Distribution.
Japan
Defense-Wide Fleet Activities Kinnick High School (INC 2) 20,000 20,000
Yokosuka
Defense-Wide Iwakuni PDI: Bulk Storage Tanks PH 85,000 85,000
1.
Defense-Wide Kadena Air Base Lighting Upgrades.......... 0 780
Defense-Wide Yokota Air Base PDI: Bulk Storage Tanks PH 44,000 44,000
I (INC).
Defense-Wide Yokota Air Base PDI: Operations and 72,154 72,154
Warehouse Facilities.
Kansas
Defense-Wide Fort Riley Power Generation and 0 25,780
Microgrid.
Kuwait
Defense-Wide Camp Arifjan Power Generation and 0 26,850
Microgrid.
Maryland
Defense-Wide Bethesda Naval MEDCEN Addition / 75,500 75,500
Hospital Alteration (INC 6).
Defense-Wide Fort Meade NSAW Mission OPS and 140,000 80,000
Records Center (INC).
Defense-Wide Fort Meade NSAW Recap Building 4 (INC) 378,000 318,000
Defense-Wide Fort Meade Reclaimed Water 0 23,310
Infrastructure Expansion.
North Carolina
Defense-Wide Camp Lejeune Lejeune Schools 0 6,600
Modernization (P&D).
Defense-Wide Fort Bragg Albritton Middle School 0 7,500
Addition (P&D).
Defense-Wide Fort Bragg SOF Operations Building.... 18,870 18,870
Defense-Wide Fort Bragg SOF Supply Support Activity 15,600 15,600
South Carolina
Defense-Wide Marine Corps Air Fuel Pier Replacement (P&D) 0 900
Station Beaufort
Defense-Wide Marine Corps Recruit Ambulatory Care Center 0 4,800
Depot Parris Island Replacement (Dental) (P&D).
Texas
Defense-Wide Fort Hood Power Generation and 0 31,500
Microgrid.
[[Page 136 STAT. 3185]]
Defense-Wide Joint Base San Antonio Ambulatory Care Center 58,600 58,600
Replacement (Dental).
Defense-Wide U.S. Army Reserve Power Generation and 0 9,600
Center, Conroe Microgrid.
Virginia
Defense-Wide Dam Neck SOF Operations Building 26,600 26,600
Addition.
Defense-Wide Naval Support Activity Backup Power Generation.... 0 3,400
Hampton Roads
Defense-Wide Naval Support Activity Primary Distribution 0 19,000
Hampton Roads Substation.
Defense-Wide NCE Springfield, Ft Chilled Water Redundancy... 0 1,100
Belvoir
Defense-Wide Pentagon Commercial Vehicle 18,000 18,000
Inspection Facility.
Worldwide Unspecified
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 233,520
Locations Inflation Effects.
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 0
Locations Inflation Effects (DHA).
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 0
Locations Inflation Effects (DIA).
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 0
Locations Inflation Effects (DLA).
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 0
Locations Inflation Effects (DODEA).
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 81,070
Locations Inflation Effects (ERCIP).
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 0
Locations Inflation Effects (NSA).
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 0
Locations Inflation Effects (OSD).
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 0
Locations Inflation Effects (SOCOM).
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 0
Locations Inflation Effects (WHS).
Defense-Wide Unspecified Worldwide Cost to Complete: FY23 0 120,730
Locations Inflation Effects.
Defense-Wide Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (DHA).
Defense-Wide Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (DLA).
Defense-Wide Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (DODEA).
Defense-Wide Unspecified Worldwide Cost to Complete: FY23 0 65,800
Locations Inflation Effects (ERCIP).
Defense-Wide Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (OSD).
[[Page 136 STAT. 3186]]
Defense-Wide Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (SOCOM).
Defense-Wide Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (WHS).
Defense-Wide Unspecified Worldwide DLA Planning & Design (DLA) 30,000 30,000
Locations
Defense-Wide Unspecified Worldwide EDI: NATO Eastern Flank 0 50,000
Locations Infrastructure Support
(P&D).
Defense-Wide Unspecified Worldwide Energy Resilience and 329,000 0
Locations Conserv. Invest. Prog..
Defense-Wide Unspecified Worldwide Exercise-Related Minor 0 16,130
Locations Construction.
Defense-Wide Unspecified Worldwide Exercise-Related Minor 0 10,100
Locations Construction (EUCOM).
Defense-Wide Unspecified Worldwide Exercise-Related Minor 0 33,360
Locations Construction (INDOPACOM).
Defense-Wide Unspecified Worldwide Exercise-Related Minor 18,644 18,644
Locations Construction (TJS).
Defense-Wide Unspecified Worldwide Exercise-Related Minor 0 500
Locations Construction P&D (EUCOM).
Defense-Wide Unspecified Worldwide Improving Military 0 15,000
Locations Installation Resilience.
Defense-Wide Unspecified Worldwide INDOPACOM- Red Hill Fuel 0 25,000
Locations Distribution (P&D).
Defense-Wide Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
Defense-Wide Unspecified Worldwide Planning & Design (Defense- 26,689 51,689
Locations Wide).
Defense-Wide Unspecified Worldwide Planning & Design (DHA).... 33,227 33,227
Locations
Defense-Wide Unspecified Worldwide Planning & Design (DODEA).. 20,086 20,086
Locations
Defense-Wide Unspecified Worldwide Planning & Design (ERCIP).. 224,250 224,250
Locations
Defense-Wide Unspecified Worldwide Planning & Design (MDA).... 47,063 47,063
Locations
Defense-Wide Unspecified Worldwide Planning & Design (NSA).... 9,618 9,618
Locations
Defense-Wide Unspecified Worldwide Planning & Design (SOCOM).. 26,978 26,978
Locations
Defense-Wide Unspecified Worldwide Planning & Design (TJS).... 2,360 2,360
Locations
Defense-Wide Unspecified Worldwide Planning & Design (WHS).... 2,106 2,106
Locations
[[Page 136 STAT. 3187]]
Defense-Wide Unspecified Worldwide Unspecified Minor Military 3,000 23,000
Locations Construction (Defense-
Wide).
Defense-Wide Unspecified Worldwide Unspecified Minor Military 15,000 15,000
Locations Construction (DHA).
Defense-Wide Unspecified Worldwide Unspecified Minor Military 8,000 8,000
Locations Construction (DODEA).
Defense-Wide Unspecified Worldwide Unspecified Minor Military 0 16,130
Locations Construction (INDOPACOM).
Defense-Wide Unspecified Worldwide Unspecified Minor Military 6,000 6,000
Locations Construction (NSA).
Defense-Wide Unspecified Worldwide Unspecified Minor Military 36,726 36,726
Locations Construction (SOCOM).
Defense-Wide Various Worldwide Unspecified Minor Military 31,702 31,702
Locations Construction (DLA).
........................
Military Construction, Defense-Wide Total 2,416,398 3,183,097
......................
ARMY NATIONAL GUARD
Alaska
Army National Guard Joint Base Elmendorf- Aircraft Maintenance Hangar 0 63,000
Richardson
Arkansas
Army National Guard Camp Robinson Automated Multipurpose 0 9,500
Machine Gun Range.
Delaware
Army National Guard River Road Training National Guard Readiness 16,000 16,000
Site Center.
Florida
Army National Guard Camp Blanding Automated Multipurpose 0 8,500
Machine Gun Range.
Army National Guard Camp Blanding Scout Recce Gunnery Complex 0 16,200
Army National Guard Gainesville National Guard Readiness 0 21,000
Center.
Army National Guard Palm Coast Flagler Rc National Guard Vehicle 12,000 12,000
Fms 9 Maintenance Shop.
Georgia
Army National Guard Fort Gordon National Guard/Reserve 0 2,100
Center Building (P&D).
Hawaii
Army National Guard Kalaeloa National Guard Readiness 29,000 29,000
Center Addition.
Illinois
Army National Guard Chicago National Guard Readiness 0 3,500
Center Alteration (P&D).
Indiana
Army National Guard Atlanta Readiness National Guard Readiness 20,000 20,000
Center Center.
Iowa
Army National Guard West Des Moines Armory National Guard Readiness 15,000 15,000
Center.
Louisiana
Army National Guard Abbeville National Guard Readiness 0 1,650
Center (P&D).
Army National Guard Camp Beauregard Energy Resilience 0 765
Conservation Investment
Program Project (P&D).
Maine
Army National Guard Saco Southern Maine Readiness 0 3,000
Center (P&D).
[[Page 136 STAT. 3188]]
Army National Guard Woodville Training Range Complex (P&D)........ 0 1,400
Center
Michigan
Army National Guard Grayling Airfield National Guard Readiness 16,000 16,000
Center.
Minnesota
Army National Guard New Ulm Armory and Fms National Guard Readiness 17,000 17,000
Center.
Missouri
Army National Guard Aviation Aircraft Maintenance Hangar 0 5,600
Classification Repair Addition Phase IV (P&D).
Activity Depot
Nevada
Army National Guard Harry Reid Training National Guard Readiness 18,000 18,000
Center Center Add/Alt.
New Hampshire
Army National Guard Concord National Guard Wellness 0 2,000
Center (P&D).
New Mexico
Army National Guard Rio Rancho Vehicle Maintenance Shop 0 600
(P&D).
New York
Army National Guard Glenmore Rd Armory/Fms National Guard Vehicle 17,000 17,000
17 Maintenance Shop.
Army National Guard Lexington Armory National Guard Readiness 0 3,580
Center Addition/
Alteration (P&D).
North Carolina
Army National Guard Mcleansville Camp National Guard Vehicle 15,000 15,000
Burton Road Maintenance Shop.
Army National Guard Morrisville Army Aviation Flight 0 4,500
Facility #1 (P&D).
Oregon
Army National Guard Camp Umatilla Collective Training 0 14,243
Unaccompanied Housing.
Pennsylvania
Army National Guard Fort Indiantown Gap Eastern ARNG Aviation 0 2,700
Training Site (EAATS) Post-
Initial Military Training
Unaccompanied Housing
(P&D).
Army National Guard New Castle National Guard Readiness 0 2,360
Center (P&D).
Puerto Rico
Army National Guard Camp Santiago Joint Engineering/Housing 14,500 14,500
Maneuver Training Maintenance Shops (DPW).
Center
Tennessee
Army National Guard Smyrna Volunteer Army Maintenance Hangar 0 780
Training Site (P&D).
Vermont
Army National Guard Bennington National Guard Readiness 14,800 0
Center.
Army National Guard Ethan Allen Air Force Civil Support Team Facility 0 1,300
Base (P&D).
Army National Guard Ethan Allen Air Force Micro-Grid System (P&D).... 0 1,170
Base
Army National Guard Ethan Allen Firing Cantonment Area for 0 3,500
Range Training (P&D).
Army National Guard Ethan Allen Firing Castle Trail Bypass (All 0 500
Range Season Road) (P&D).
West Virginia
Army National Guard Buckhannon Brushy Fork National Guard Readiness 14,000 14,000
Center Add/Alt.
Army National Guard Martinsburg National Guard Readiness 0 1,500
Center (P&D).
Worldwide Unspecified
[[Page 136 STAT. 3189]]
Army National Guard Unspecified Worldwide Cost to Complete: FY21 0 63,825
Locations Inflation Effects.
Army National Guard Unspecified Worldwide Cost to Complete: FY22 0 89,786
Locations Inflation Effects.
Army National Guard Unspecified Worldwide Cost to Complete: FY23 0 137,339
Locations Inflation Effects.
Army National Guard Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (P&D).
Army National Guard Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (UMMC).
Army National Guard Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
Army National Guard Unspecified Worldwide Planning & Design.......... 28,245 38,245
Locations
Army National Guard Unspecified Worldwide Unaccompanied Barracks 0 15,243
Locations Planning and Design.
Army National Guard Unspecified Worldwide Unspecified Minor Military 35,933 55,933
Locations Construction.
Wyoming
Army National Guard Camp Guernsey Aviation Operations and 0 19,500
Fire Rescue Building.
Army National Guard TS NG Sheridan National Guard Vehicle 14,800 14,800
Maintenance Shop.
........................
Military Construction, Army National Guard Total 297,278 813,119
......................
ARMY RESERVE
California
Army Reserve Camp Pendleton Area Maintenance Support 0 13,000
Activity.
Florida
Army Reserve Perrine Army Reserve Center/AMSA... 46,000 46,000
Georgia
Army Reserve Dobbins Air Reserve Army Reserve Center (P&D).. 0 5,000
Base
Massachusetts
Army Reserve Fort Devens Cost to Complete: Multi- 0 3,000
Purpose Machine Gun Range.
Michigan
Army Reserve Southfield Cost to Complete: Area 0 1,600
Maintenance Shop.
North Carolina
Army Reserve Asheville Cost to Complete: Army 0 2,000
Reserve Center.
Ohio
Army Reserve Wright-Patterson Air Area Maintenance Support 0 16,000
Force Base Activity.
Army Reserve Wright-Patterson Air Cost to Complete: Army 0 2,000
Force Base Reserve Center.
Puerto Rico
Army Reserve Fort Buchanan Army Reserve Center........ 24,000 24,000
Washington
Army Reserve Yakima Equipment Concentration 0 22,000
Site Warehouse.
Wisconsin
Army Reserve Fort McCoy Transient Training Enlisted 0 38,000
Barracks.
Army Reserve Fort McCoy Transient Training Officer 0 26,000
Barracks.
Worldwide Unspecified
[[Page 136 STAT. 3190]]
Army Reserve Unspecified Worldwide Barracks Planning and 0 3,000
Locations Design.
Army Reserve Unspecified Worldwide Cost to Complete: FY21 0 28,950
Locations Inflation Effects.
Army Reserve Unspecified Worldwide Cost to Complete: FY22 0 16,000
Locations Inflation Effects.
Army Reserve Unspecified Worldwide Cost to Complete: FY23 0 93,000
Locations Inflation Effects.
Army Reserve Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (P&D).
Army Reserve Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (UMMC).
Army Reserve Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
Army Reserve Unspecified Worldwide Planning & Design.......... 0 20,000
Locations
Army Reserve Unspecified Worldwide Planning & Design.......... 9,829 29,829
Locations
Army Reserve Unspecified Worldwide Unaccompanied Barracks 0 20,000
Locations Planning and Design.
Army Reserve Unspecified Worldwide Unspecified Minor Military 20,049 40,049
Locations Construction.
........................
Military Construction, Army Reserve Total 99,878 449,428
......................
NAVY RESERVE & MARINE CORPS RESERVE
Hawaii
Navy/Marine Corps Reserve Marine Corps Base C-40 Aircraft Maintenance 0 40,000
Kaneohe Bay Hangar.
Michigan
Navy/Marine Corps Reserve Marine Forces Reserve Organic Supply Facilities.. 0 24,300
Battle Creek
Virginia
Navy/Marine Corps Reserve Marine Forces Reserve G/ATOR Support Facilities.. 0 10,400
Dam Neck Virginia
Beach
Worldwide Unspecified
Navy/Marine Corps Reserve Unspecified Worldwide Cost to Complete: FY22 0 7,854
Locations Inflation Effects.
Navy/Marine Corps Reserve Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects.
Navy/Marine Corps Reserve Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
Navy/Marine Corps Reserve Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (UMMC).
Navy/Marine Corps Reserve Unspecified Worldwide Cost to Complete: FY22 0 0
Locations Inflation Effects (P&D).
[[Page 136 STAT. 3191]]
Navy/Marine Corps Reserve Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (P&D).
Navy/Marine Corps Reserve Unspecified Worldwide MCNR Unspecified Minor 27,747 18,747
Locations Construction.
Navy/Marine Corps Reserve Unspecified Worldwide USMCR Planning & Design.... 2,590 2,590
Locations
........................
Military Construction, Navy Reserve Total 30,337 103,891
......................
AIR NATIONAL GUARD
Alabama
Air National Guard Birmingham Security and Services 7,500 0
International Airport Training Facility.
Air National Guard Montgomery Regional F-35 Weapons Load Crew 0 9,200
Airport Training.
Arizona
Air National Guard Morris Air National Base Entry Complex......... 0 12,000
Guard Base
Air National Guard Tucson International Land Acquisition........... 10,000 10,000
Airport
Florida
Air National Guard Jacksonville F-35 Construct Flight 22,200 22,200
International Airport Simulator Facility.
Air National Guard Jacksonville F-35 Munitions Maintenance 0 530
International Airport & Inspection Facility
(P&D).
Air National Guard Jacksonville F-35 Munitions Storage Area 0 770
International Airport Administration & Pad (P&D).
Illinois
Air National Guard Scott Air Force Base Maintenance Hangar & Shops 0 2,500
(P&D).
Indiana
Air National Guard Fort Wayne Munitions Maintenance & 12,800 12,800
International Airport Storage Complex.
Louisiana
Air National Guard New Orleans Munitions Administrative 0 1,650
Facility (P&D).
Missouri
Air National Guard Jefferson Barracks Air Combat Arms Training and 0 730
Guard Station Maintenance Facility (P&D).
Air National Guard Jefferson Barracks Air Consolidated Air Operations 0 2,100
Guard Station Group (157th Air
Operations Group) (P&D).
Air National Guard Rosecrans Air National Maintenance Hangar (P&D)... 0 3,400
Guard Base
Air National Guard Rosecrans Air National Parking Apron (P&D)........ 0 2,000
Guard Base
New Hampshire
Air National Guard Pease Air National Small Arms Range (P&D)..... 0 2,000
Guard Base
New Jersey
Air National Guard Atlantic City ADAL Main Hangar (P&D)..... 0 3,000
International Airport
Ohio
[[Page 136 STAT. 3192]]
Air National Guard Rickenbacker Air Small Arms Range........... 0 8,000
National Guard Base
Rhode Island
Air National Guard Quonset State Airport Consolidated Headquarters 0 35,000
Medical & Dining Facility.
Tennessee
Air National Guard McGhee Tyson Airport KC-135 Maintenance Shops... 23,800 23,800
Vermont
Air National Guard Burlington Cyber Operations Squadron 0 1,000
International Airport Building (P&D).
West Virginia
Air National Guard Mclaughlin Air C-130J Apron Expansion..... 0 10,000
National Guard Base
Air National Guard Mclaughlin Air Indoor Small Arms Range 0 640
National Guard Base (P&D).
Air National Guard Mclaughlin Air Squadron Operations 0 1,500
National Guard Base Building (P&D).
Worldwide Unspecified
Air National Guard Unspecified Worldwide Cost to Complete: FY22 0 67,800
Locations Inflation Effects.
Air National Guard Unspecified Worldwide Cost to Complete: FY23 0 33,900
Locations Inflation Effects.
Air National Guard Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
Air National Guard Unspecified Worldwide Planning & Design.......... 28,412 40,412
Locations
Air National Guard Unspecified Worldwide Unspecified Minor Military 44,171 57,171
Locations Construction.
........................
Military Construction, Air National Guard Total 148,883 364,103
......................
AIR FORCE RESERVE
Arizona
Air Force Reserve Davis Monthan Air 610th CACS Command & 0 8,000
Force Base Control Facility.
California
Air Force Reserve Beale Air Force Base 940 ARW Squad OPS/AMU...... 33,000 0
Massachusetts
Air Force Reserve Westover Air Reserve Taxiway Golf Extension 0 1,900
Base (P&D).
Mississippi
Air Force Reserve Keesler Air Force Base Aeromedical Evacuation 0 10,000
Training Facility.
New York
Air Force Reserve Niagara Falls Arsenal Combined Operations and 0 2,800
Alert Facility (P&D).
Oklahoma
Air Force Reserve Tinker Air Force Base 10th Flight Test Squadron 0 12,500
Facility.
Virginia
Air Force Reserve Langley Air Force Base Intelligence Group Facility 0 10,500
Worldwide Unspecified
[[Page 136 STAT. 3193]]
Air Force Reserve Unspecified Worldwide Cost to Complete: FY22 0 11,800
Locations Inflation Effects.
Air Force Reserve Unspecified Worldwide Cost to Complete: FY23 0 37,500
Locations Inflation Effects.
Air Force Reserve Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
Air Force Reserve Unspecified Worldwide Planning & Design.......... 11,773 21,773
Locations
Air Force Reserve Unspecified Worldwide Unspecified Minor Military 11,850 31,850
Locations Construction.
Air Force Reserve Unspecified Worldwide Unspecified UPL Project.... 0 0
Locations
........................
Military Construction, Air Force Reserve Total 56,623 148,623
......................
NATO SECURITY INVESTMENT PROGRAM
Worldwide Unspecified
NATO NATO Security Inflation & Market 0 0
Investment Program Adjustment Fund.
NATO NATO Security NATO Security Investment 210,139 210,139
Investment Program Program.
........................
NATO Security Investment Program Total 210,139 210,139
......................
FAMILY HOUSING CONSTRUCTION, ARMY
Germany
FH Con, Army Baumholder Cost to Complete: FY19 0 48,100
Family Housing New
Construction.
FH Con, Army Baumholder Cost to Complete: FY20 0 57,222
Family Housing New
Construction.
FH Con, Army Baumholder Cost to Complete: FY23 0 16,500
Family Housing New
Construction.
FH Con, Army Baumholder Family Housing Improvements 0 20,000
FH Con, Army Baumholder Family Housing Replacement 57,000 57,000
Construction.
FH Con, Army Vilseck Cost to Complete: Family 0 13,000
Housing New Construction.
Italy
FH Con, Army Vicenza Cost to Complete: FY21 0 16,510
Family Housing New
Construction.
FH Con, Army Vicenza Cost to Complete: FY22 0 7,280
Family Housing New
Construction.
FH Con, Army Vicenza Cost to Complete: FY23 0 27,750
Family Housing New
Construction.
FH Con, Army Vicenza Family Housing New 95,000 40,000
Construction.
Kwajalein
FH Con, Army Kwajalein Atoll Cost to Complete: Family 0 47,060
Housing Replacement.
FH Con, Army Kwajalein Atoll Cost to Complete: Family 0 39,400
Housing Replacement (FY21).
Worldwide Unspecified
FH Con, Army Unspecified Worldwide Cost to Complete: Family 0 138,783
Locations Housing Construction.
FH Con, Army Unspecified Worldwide Cost to Complete: FY21 0 202,682
Locations Inflation Effects.
[[Page 136 STAT. 3194]]
FH Con, Army Unspecified Worldwide Cost to Complete: FY22 0 29,800
Locations Inflation Effects.
FH Con, Army Unspecified Worldwide Cost to Complete: FY23 0 73,050
Locations Inflation Effects.
FH Con, Army Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (P&D).
FH Con, Army Unspecified Worldwide Family Housing P&D......... 17,339 17,339
Locations
FH Con, Army Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
........................
Family Housing Construction, Army Total 169,339 851,476
......................
FAMILY HOUSING O&M, ARMY
Worldwide Unspecified
FH Ops, Army Unspecified Worldwide Furnishings................ 22,911 22,911
Locations
FH Ops, Army Unspecified Worldwide Housing Privatization 65,740 70,740
Locations Support.
FH Ops, Army Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
FH Ops, Army Unspecified Worldwide Leasing.................... 127,499 127,499
Locations
FH Ops, Army Unspecified Worldwide Maintenance................ 117,555 117,555
Locations
FH Ops, Army Unspecified Worldwide Management................. 45,718 50,718
Locations
FH Ops, Army Unspecified Worldwide Miscellaneous.............. 559 559
Locations
FH Ops, Army Unspecified Worldwide Services................... 9,580 9,580
Locations
FH Ops, Army Unspecified Worldwide Utilities.................. 46,849 46,849
Locations
........................
Family Housing Operation and Maintenance, Army Total 436,411 446,411
......................
FAMILY HOUSING CONSTRUCTION, NAVY & MARINE CORPS
District of Columbia
FH Con, Navy United States Marine Design..................... 7,043 7,043
Corps Headquarters
FH Con, Navy United States Marine Improvements............... 74,540 74,540
Corps Headquarters
Guam
FH Con, Navy Naval Support Activity Replace Andersen Housing PH 86,390 98,485
Andersen IV.
FH Con, Navy Naval Support Activity Replace Andersen Housing PH 93,259 106,315
Andersen V.
FH Con, Navy Naval Support Activity Replace Andersen Housing PH 68,985 68,985
Andersen VI.
[[Page 136 STAT. 3195]]
Worldwide Unspecified
FH Con, Navy Unspecified Worldwide Cost to Complete: FY22 0 0
Locations Inflation Effects.
FH Con, Navy Unspecified Worldwide Cost to Complete: FY23 0 45,244
Locations Inflation Effects.
FH Con, Navy Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
FH Con, Navy Unspecified Worldwide USMC DPRI/Guam Planning & 7,080 7,080
Locations Design.
........................
Family Housing Construction, Navy and Marine Corps Total 337,297 407,692
......................
FAMILY HOUSING O&M, NAVY & MARINE CORPS
Worldwide Unspecified
FH Ops, Navy Unspecified Worldwide Furnishings................ 16,182 16,182
Locations
FH Ops, Navy Unspecified Worldwide Housing Privatization 61,605 66,605
Locations Support.
FH Ops, Navy Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
FH Ops, Navy Unspecified Worldwide Leasing.................... 66,333 66,333
Locations
FH Ops, Navy Unspecified Worldwide Maintenance................ 105,470 105,470
Locations
FH Ops, Navy Unspecified Worldwide Management................. 59,312 64,312
Locations
FH Ops, Navy Unspecified Worldwide Miscellaneous.............. 411 411
Locations
FH Ops, Navy Unspecified Worldwide Services................... 16,494 16,494
Locations
FH Ops, Navy Unspecified Worldwide Utilities.................. 42,417 42,417
Locations
........................
Family Housing Operation and Maintenance, Navy and Marine Corps Total 368,224 378,224
......................
FAMILY HOUSING CONSTRUCTION, AIR FORCE
Delaware
FH Con, Air Force Dover Air Force Base MHPI Restructure........... 25,492 25,492
Florida
FH Con, Air Force Tyndall Air Force Base AETC Restructuring......... 150,685 150,685
Illinois
FH Con, Air Force Scott Air Force Base MHPI Restructure........... 52,003 52,003
Japan
FH Con, Air Force Kadena Air Base Family Housing North 0 3,800
Terrance Improvement,
Phase 2 (4 Units).
Maryland
FH Con, Air Force Andrews Air Force Base MHPI Equity Contribution 1,878 1,878
CMSSF House.
[[Page 136 STAT. 3196]]
Worldwide Unspecified
FH Con, Air Force Unspecified Worldwide Family Housing Construction 0 15,000
P&D.
FH Con, Air Force Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
FH Con, Air Force Unspecified Worldwide Planning & Design.......... 2,730 2,730
Locations
........................
Family Housing Construction, Air Force Total 232,788 251,588
......................
FAMILY HOUSING O&M, AIR FORCE
Worldwide Unspecified
FH Ops, Air Force Unspecified Worldwide Furnishings................ 27,379 27,379
Locations
FH Ops, Air Force Unspecified Worldwide Housing Privatization...... 33,517 38,517
Locations
FH Ops, Air Force Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
FH Ops, Air Force Unspecified Worldwide Leasing.................... 7,882 7,882
Locations
FH Ops, Air Force Unspecified Worldwide Maintenance................ 150,375 150,375
Locations
FH Ops, Air Force Unspecified Worldwide Management................. 77,042 82,042
Locations
FH Ops, Air Force Unspecified Worldwide Miscellaneous.............. 2,240 2,240
Locations
FH Ops, Air Force Unspecified Worldwide Services................... 10,570 10,570
Locations
FH Ops, Air Force Unspecified Worldwide Utilities.................. 46,217 46,217
Locations
........................
Family Housing Operation and Maintenance, Air Force Total 355,222 365,222
......................
FAMILY HOUSING O&M, DEFENSE-WIDE
Worldwide Unspecified
FH Ops, Defense-Wide Unspecified Worldwide Furnishings................ 87 87
Locations
FH Ops, Defense-Wide Unspecified Worldwide Furnishings................ 656 656
Locations
FH Ops, Defense-Wide Unspecified Worldwide Leasing.................... 13,306 13,306
Locations
FH Ops, Defense-Wide Unspecified Worldwide Leasing.................... 31,849 31,849
Locations
FH Ops, Defense-Wide Unspecified Worldwide Maintenance................ 34 34
Locations
FH Ops, Defense-Wide Unspecified Worldwide Utilities.................. 15 15
Locations
[[Page 136 STAT. 3197]]
FH Ops, Defense-Wide Unspecified Worldwide Utilities.................. 4,166 4,166
Locations
........................
Family Housing Operation and Maintenance, Defense-Wide Total 50,113 50,113
......................
FAMILY HOUSING IMPROVEMENT FUND
Worldwide Unspecified
FHIF Unspecified Worldwide Administrative Expenses-- 6,442 6,442
Locations FHIF.
FHIF Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
........................
Family Housing Improvement Fund Total 6,442 6,442
......................
UNACCOMPANIED HOUSING IMPROVEMENT FUND
Worldwide Unspecified
UHIF Unspecified Worldwide Administrative Expenses-- 494 494
Locations UHIF.
........................
Unaccompanied Housing Improvement Fund Total 494 494
......................
BASE REALIGNMENT AND CLOSURE, ARMY
Worldwide Unspecified
BRAC, Army Unspecified Worldwide Base Realignment & Closure. 67,706 117,706
Locations
BRAC, Army Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
........................
Base Realignment and Closure--Army Total 67,706 117,706
......................
BASE REALIGNMENT AND CLOSURE, NAVY
Worldwide Unspecified
BRAC, Navy Unspecified Worldwide Base Realignment & Closure. 106,664 156,664
Locations
BRAC, Navy Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
........................
Base Realignment and Closure--Navy Total 106,664 156,664
......................
BASE REALIGNMENT AND CLOSURE, AIR FORCE
Worldwide Unspecified
BRAC, Air Force Unspecified Worldwide Base Realignment & Closure. 107,311 157,311
Locations
BRAC, Air Force Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
........................
Base Realignment and Closure--Air Force Total 107,311 157,311
......................
BASE REALIGNMENT AND CLOSURE, DEFENSE-WIDE
Worldwide Unspecified
[[Page 136 STAT. 3198]]
BRAC, Defense-Wide Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
BRAC, Defense-Wide Unspecified Worldwide INT-4: DLA Activities...... 3,006 3,006
Locations
........................
Base Realignment and Closure--Defense-wide Total 3,006 3,006
......................
Total, Military Construction 12,153,965 19,485,723
----------------------------------------------------------------------------------------------------------------
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.
------------------------------------------------------------------------
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2023 Conference
Program Request Authorized
------------------------------------------------------------------------
Discretionary Summary by Appropriation
Energy and Water Development and Related
Agencies
Appropriation Summary:
Energy Programs
Nuclear Energy...................... 156,600 156,600
Atomic Energy Defense Activities
National Nuclear Security
Administration:
Weapons Activities................ 16,486,298 17,359,798
Defense Nuclear Nonproliferation.. 2,346,257 2,353,257
Naval Reactors.................... 2,081,445 2,081,445
Federal Salaries and Expenses..... 496,400 496,400
Total, National Nuclear Security 21,410,400 22,290,900
Administration.....................
Defense Environmental Cleanup....... 6,914,532 6,802,611
Defense Uranium Enrichment D&D...... 0 0
Other Defense Activities............ 978,351 978,351
Total, Atomic Energy Defense 29,303,283 30,071,862
Activities...........................
Total, Discretionary Funding.............. 29,459,883 30,228,462
Nuclear Energy
Safeguards and security................. 156,600 156,600
Total, Nuclear Energy..................... 156,600 156,600
National Nuclear Security Administration
Weapons Activities
Stockpile management
Stockpile major modernization
B61 Life extension program.......... 672,019 672,019
W88 Alteration program.............. 162,057 162,057
[[Page 136 STAT. 3199]]
W80-4 Life extension program........ 1,122,451 1,122,451
W80-4 ALT SLCM...................... 0 20,000
Research and development for a (20,000)
nuclear warhead for a nuclear-
capable sea-launched cruise
missile........................
W87-1 Modification Program.......... 680,127 680,127
W93................................. 240,509 240,509
Subtotal, Stockpile major 2,877,163 2,897,163
modernization........................
Stockpile sustainment..................... 1,321,139 1,321,139
Weapons dismantlement and disposition..... 50,966 50,966
Production operations..................... 630,894 630,894
Nuclear enterprise assurance.............. 48,911 48,911
Total, Stockpile management............. 4,929,073 4,949,073
Production Modernization
Primary Capability Modernization
Plutonium Modernization
Los Alamos Plutonium Modernization
Los Alamos Plutonium Operations. 767,412 767,412
21-D-512, Plutonium Pit 588,234 588,234
Production Project, LANL.......
15-D-302, TA-55 Reinvestments 30,002 30,002
Project, Phase 3, LANL.........
07-D-220-04, Transuranic Liquid 24,759 24,759
Waste Facility, LANL...........
04-D-125, Chemistry and 162,012 162,012
Metallurgy Research Replacement
Project, LANL..................
Subtotal, Los Alamos Plutonium 1,572,419 1,572,419
Modernization....................
Savannah River Plutonium Modernization
Savannah River Plutonium 58,300 58,300
Operations.....................
21-D-511, Savannah River 700,000 1,200,000
Plutonium Processing Facility,
SRS............................
Program increase--glovebox (200,000)
long lead procurement......
Program increase--long lead (100,000)
items......................
Program increase--demolition (165,000)
of MOX buildling...........
Program increase--site prep. (35,000)
Subtotal, Savannah River Plutonium 758,300 1,258,300
Modernization....................
Enterprise Plutonium Support.......... 88,993 88,993
Total, Plutonium Modernization.......... 2,419,712 2,919,712
High Explosives & Energetics
High Explosives & Energetics.... 101,380 101,380
23-D-516, Energetic Materials 19,000 19,000
Characterization Facility, LANL
21-D-510, HE Synthesis, 108,000 133,000
Formulation, and Production, PX
Project risk reduction...... (25,000)
15-D-301, HE Science & 20,000 30,000
Engineering Facility, PX.......
Project risk reduction...... (10,000)
Subtotal, High Explosives & 248,380 283,380
Energetics.......................
Total, Primary Capability Modernization... 2,668,092 3,203,092
Secondary Capability Modernization
Secondary Capability Modernization...... 536,363 544,363
Program increase--calciner.......... (8,000)
18-D-690, Lithium Processing Facility, Y- 216,886 216,886
12.....................................
[[Page 136 STAT. 3200]]
06-D-141, Uranium Processing Facility, Y- 362,000 362,000
12.....................................
Total, Secondary Capability Modernization. 1,115,249 1,123,249
Tritium and Domestic Uranium Enrichment
Tritium and Domestic Uranium Enrichment. 506,649 506,649
18-D-650, Tritium Finishing Facility, 73,300 73,300
SRS....................................
Total, Tritium and Domestic Uranium 579,949 579,949
Enrichment...............................
Non-Nuclear Capability Modernization...... 123,084 123,084
Capability Based Investments.............. 154,220 154,220
Total, Production Modernization......... 4,640,594 5,183,594
Stockpile research, technology, and
engineering
Assessment Science
Assessment Science.................. 801,668 861,668
Enhanced Capability for (60,000)
Subcritical Experiments (ECSE)
and Hydrodynamic and Subcritical
Experiment Execution Support.....
17-D-640, U1a Complex Enhancements 53,130 53,130
Project, NNSS......................
Total, Assessment Science............. 854,798 914,798
Engineering and integrated assessments 366,455 366,455
Inertial confinement fusion........... 544,095 624,095
Program increase.................... (80,000)
Advanced simulation and computing..... 742,646 842,146
Program increase.................... (99,500)
Weapon technology and manufacturing 286,165 296,165
maturation...........................
Program increase.................... (10,000)
Academic programs..................... 100,499 100,499
Total, Stockpile research, technology, 2,894,658 3,144,158
and engineering........................
Infrastructure and operations
Operating
Operations of facilities............ 1,038,000 1,046,000
Program increase................ (8,000)
Safety and Environmental Operations. 162,000 162,000
Maintenance and Repair of Facilities 680,000 725,000
Deferred maintenance............ (45,000)
Recapitalization
Infrastructure and Safety......... 561,663 561,663
Planning for Programmatic 0 0
Construction (Pre-CD-1)..........
Subtotal, Recapitalization.......... 561,663 561,663
Total, Operating...................... 2,441,663 2,494,663
Mission enabling construction
22-D-514 Digital Infrastructure 67,300 67,300
Capability Expansion...............
22-D-517 Electrical Power Capacity 24,000 24,000
Upgrade, LANL......................
22-D-518 Plutonium Modernization Ops 48,500 48,500
& Waste Mngmt Office Bldg, LANL....
23-D-519 Special Material Facility, 49,500 49,500
Y-12...............................
Total, Mission enabling construction.. 189,300 189,300
Total, Infrastructure and operations.... 2,630,963 2,683,963
Secure transportation asset
Operations and equipment.............. 214,367 214,367
Program direction..................... 130,070 130,070
Total, Secure transportation asset...... 344,437 344,437
Defense nuclear security
Operations and maintenance............ 878,363 878,363
[[Page 136 STAT. 3201]]
Construction:
17-D-710, West end protected area 3,928 11,928
reduction project, Y-12............
Program increase................ (8,000)
Subtotal, Construction................ 3,928 11,928
Total, Defense nuclear security......... 882,291 890,291
Information technology and cybersecurity.. 445,654 445,654
Legacy contractor pensions and settlement 114,632 114,632
payments.................................
Total, Weapons Activities................. 16,882,302 17,755,802
Adjustments
Use of prior year balances............ -396,004 -396,004
Total, Adjustments........................ -396,004 -396,004
Total, Weapons Activities................. 16,486,298 17,359,798
Defense Nuclear Nonproliferation
Material management and minimization
Conversion (formerly HEU Reactor 153,260 153,260
Conversion)..........................
Nuclear material removal.............. 41,600 41,600
Material disposition.................. 256,025 256,025
Total, Material management & 450,885 450,885
minimization...........................
Global material security
International nuclear security........ 81,155 81,155
Radiological security................. 244,827 244,827
Nuclear smuggling detection and 178,095 178,095
deterrence...........................
Total, Global material security......... 504,077 504,077
Nonproliferation and arms control....... 207,656 207,656
Defense nuclear nonproliferation R&D
Proliferation detection............... 287,283 287,283
Nonproliferation stewardship program.. 109,343 109,343
Nuclear detonation detection.......... 279,205 279,205
Forensics R&D......................... 44,414 44,414
Nonproliferation fuels development.... 0 0
Nuclear Fuels Development............. 0 20,000
Total, Defense Nuclear Nonproliferation 720,245 740,245
R&D....................................
Nonproliferation construction
18-D-150 Surplus Plutonium Disposition 71,764 71,764
Project, SRS.........................
Total, Nonproliferation construction.... 71,764 71,764
NNSA Bioassurance Program............... 20,000 5,000
Program reduction..................... (-15,000)
Legacy contractor pensions and 55,708 55,708
settlement payments....................
Nuclear counterterrorism and incident
response program
Emergency Operations.................. 29,896 29,896
Counterterrorism and 409,074 409,074
Counterproliferation.................
NA-82 Counterproliferation classified 0 2,000
program increase.....................
Total, Nuclear counterterrorism and 438,970 438,970
incident response program..............
Subtotal, Defense Nuclear Nonproliferation 2,469,305 2,476,305
Adjustments
Use of prior year balances............ -123,048 -123,048
Total, Adjustments...................... -123,048 -123,048
Total, Defense Nuclear Nonproliferation... 2,346,257 2,353,257
[[Page 136 STAT. 3202]]
Naval Reactors
Naval reactors development.............. 798,590 798,590
Columbia-Class reactor systems 53,900 53,900
development............................
S8G Prototype refueling................. 20,000 20,000
Naval reactors operations and 695,165 695,165
infrastructure.........................
Program direction....................... 58,525 58,525
Construction:
23-D-533 BL Component Test Complex.... 57,420 57,420
22-D-532 Security Upgrades KL......... 0 0
22-D-531 KL Chemistry & Radiological 0 0
Health Building......................
14-D-901 Spent Fuel Handling 397,845 397,845
Recapitalization Project, NRF........
21-D-530 KL Steam and Condensate 0 0
Upgrades.............................
Total, Construction..................... 455,265 455,265
Total, Naval Reactors..................... 2,081,445 2,081,445
Federal Salaries and Expenses
Program direction....................... 513,200 513,200
Use of prior year balances.............. -16,800 -16,800
Total, Federal Salaries and Expenses...... 496,400 496,400
TOTAL, National Nuclear Security 21,410,400 22,290,900
Administration...........................
Defense Environmental Cleanup
Closure sites administration.......... 4,067 4,067
Richland
River corridor and other cleanup 135,000 221,000
operations...........................
Program increase.................. (86,000)
Central plateau remediation........... 650,240 672,240
Program increase.................. (22,000)
Richland community and regulatory 10,013 10,013
support..............................
18-D-404 Modification of Waste 3,100 3,100
Encapsulation and Storage Facility...
22-D-401 L-888, 400 Area Fire Station. 3,100 3,100
22-D-402 L-897, 200 Area Water 8,900 8,900
Treatment Facility...................
23-D-404 181D Export Water System 6,770 6,770
Reconfiguration and Upgrade..........
23-D-405 181B Export Water System 480 480
Reconfiguration and Upgrade..........
Total, Richland......................... 817,603 925,603
Office of River Protection:
Waste Treatment Immobilization Plant 462,700 462,700
Commissioning........................
Rad liquid tank waste stabilization 801,100 811,100
and disposition......................
Program increase.................. (10,000)
Construction
23-D-403 Hanford 200 West Area 4,408 4,408
Tank Farms Risk Management
Project..........................
18-D-16 Waste treatment and 0 0
immobilization plant--LBL/Direct
feed LAW.........................
01-D-16D, High-level waste 316,200 358,939
facility.........................
Program increase.............. (42,739)
01-D-16E, Pretreatment Facility... 20,000 20,000
Subtotal, Construction................ 340,608 383,347
ORP Low-level waste offsite disposal.. 0 0
Total, Office of River Protection....... 1,604,408 1,657,147
Idaho National Laboratory:
[[Page 136 STAT. 3203]]
Idaho cleanup and waste disposition... 350,658 350,658
Idaho community and regulatory support 2,705 2,705
Construction
22-D-403 Idaho Spent Nuclear Fuel 8,000 8,000
Staging Facility.................
22-D-404 Addl ICDF Landfill 8,000 8,000
Disposal Cell and Evaporation
Ponds Project....................
22-D-402 Calcine Construction..... 10,000 10,000
Subtotal, Construction................ 26,000 26,000
Total, Idaho National Laboratory........ 379,363 379,363
NNSA sites and Nevada off-sites
Lawrence Livermore National Laboratory 1,842 1,842
LLNL Excess Facilities D&D............ 12,004 22,004
Program increase.................. (10,000)
Separations Processing Research Unit.. 15,300 15,300
Nevada Test Site...................... 62,652 62,652
Sandia National Laboratory............ 4,003 4,003
Los Alamos National Laboratory........ 286,316 286,316
Los Alamos Excess Facilities D&D...... 40,519 40,519
Total, NNSA sites and Nevada off-sites.. 422,636 432,636
Oak Ridge Reservation:
OR Nuclear Facility D&D............... 334,221 339,221
Program increase.................. (5,000)
U233 Disposition Program.............. 47,628 47,628
OR cleanup and waste disposition...... 62,000 62,000
Construction
17-D-401 On-site waste disposal 35,000 35,000
facility.........................
14-D-403 Outfall 200 Mercury 0 0
Treatment Facility...............
Subtotal, Construction................ 35,000 35,000
OR community & regulatory support..... 5,300 5,300
OR technology development and 3,000 3,000
deployment...........................
Total, Oak Ridge Reservation............ 487,149 492,149
Savannah River Site:
Savannah River risk management 416,317 460,317
operations...........................
Program increase.................. (44,000)
Savannah River legacy pensions........ 132,294 132,294
Savannah River community and 12,137 12,137
regulatory support...................
Savannah River National Laboratory O&M 41,000 41,000
Construction:
20-D-401 Saltstone Disposal Unit 37,668 37,668
#10, 11, 12......................
19-D-701 SR Security systems 5,000 5,000
replacement......................
18-D-402 Saltstone Disposal Unit 49,832 49,832
#8, 9............................
18-D-402 Emergency Operations 25,568 25,568
Center Replacement, SR...........
Subtotal, Construction................ 118,068 118,068
Radioactive liquid tank waste 851,660 931,000
stabilization........................
Program increase.................. (79,340)
Total, Savannah River Site.............. 1,571,476 1,694,816
Waste Isolation Pilot Plant
Waste Isolation Pilot Plant........... 371,943 371,943
Construction:
15-D-411 Safety significant 59,073 59,073
confinement ventilation system,
WIPP.............................
15-D-412 Exhaust shaft, WIPP...... 25,000 25,000
[[Page 136 STAT. 3204]]
Program increase.................. 6,000
Total, Construction................... 84,073 90,073
Total, Waste Isolation Pilot Plant...... 456,016 462,016
Program direction--Defense Environmental 317,002 317,002
Cleanup................................
Program support--Defense Environmental 103,239 103,239
Cleanup................................
Safeguards and Security--Defense 309,573 309,573
Environmental Cleanup..................
Technology development and deployment... 25,000 25,000
Federal contribution to the Uranium 417,000 0
Enrichment D&D Fund....................
Program reduction..................... (-417,000)
Subtotal, Defense Environmental Cleanup... 6,914,532 6,802,611
TOTAL, Defense Environmental Cleanup...... 6,914,532 6,802,611
Defense Uranium Enrichment D&D............ 0 0
Other Defense Activities
Environment, health, safety and security
Environment, health, safety and 138,854 138,854
security mission support.............
Program direction..................... 76,685 76,685
Total, Environment, health, safety and 215,539 215,539
security...............................
Office of Enterprise Assessments
Enterprise assessments................ 27,486 27,486
Program direction..................... 57,941 57,941
Total, Office of Enterprise Assessments. 85,427 85,427
Specialized security activities......... 306,067 306,067
Legacy Management
Legacy Management Activities--Defense. 174,163 174,163
Program Direction..................... 21,983 21,983
Total, Legacy Management................ 196,146 196,146
Defense-related administrative support.. 170,695 170,695
Office of hearings and appeals.......... 4,477 4,477
Subtotal, Other defense activities...... 978,351 978,351
Use of prior year balances.............. 0 0
Total, Other Defense Activities........... 978,351 978,351
------------------------------------------------------------------------
DIVISION E--NON-DEPARTMENT OF DEFENSE MATTERS
TITLE LI--VETERANS AFFAIRS MATTERS
Subtitle A--Advisory Committees
Sec. 5101. Annual report from Advisory Committee on Women Veterans.
Sec. 5102. Department of Veterans Affairs Advisory Committee on United
States Outlying Areas and Freely Associated States.
Subtitle B--Studies and Reports
Sec. 5111. Secretary of Veterans Affairs study on dissemination of
information on Department of Veterans Affairs home loan
benefits.
[[Page 136 STAT. 3205]]
Sec. 5112. GAO study on post-market surveillance of medical devices by
Department of Veterans Affairs.
Sec. 5113. Department of Veterans Affairs report on supportive services
and housing insecurity.
Sec. 5114. Report on handling of certain records of the Department of
Veterans Affairs.
Subtitle C--Other Matters
Sec. 5121. Improved application of employment and reemployment rights of
all members of uniformed services.
Sec. 5122. Competitive pay for health care providers of Department of
Veterans Affairs.
Sec. 5123. Definition of land use revenue under West Los Angeles Leasing
Act of 2016.
Sec. 5124. Technical corrections to Honoring our PACT Act of 2022.
Sec. 5125. Improving pilot program on acceptance by the Department of
Veterans Affairs of donated facilities and related
improvements.
Sec. 5126. Improvement of Vet Centers at Department of Veterans Affairs.
Sec. 5127. Information on certain veterans with prior medical
occupations; program on intermediate care technicians of
Department of Veterans Affairs.
Subtitle A--Advisory Committees
SEC. 5101. ANNUAL REPORT FROM ADVISORY COMMITTEE ON WOMEN
VETERANS.
Section 542(c)(1) of title 38, United States Code, is amended by
striking ``even-numbered year'' and inserting ``year''.
SEC. 5102. DEPARTMENT OF VETERANS AFFAIRS ADVISORY COMMITTEE ON
UNITED STATES OUTLYING AREAS AND FREELY
ASSOCIATED STATES.
(a) Establishment of Advisory Committee.--Subchapter III of chapter
5 of title 38, United States Code, is <<NOTE: 38 USC prec. 501.>>
amended by adding at the end the following new section (and conforming
the table of sections at the beginning of such chapter accordingly):
``Sec. 548. <<NOTE: 38 USC 548.>> Advisory Committee on United
States Outlying Areas and Freely Associated States
``(a) Establishment.--The Secretary shall establish an advisory
committee, to be known as the `Advisory Committee on United States
Outlying Areas and Freely Associated States', to provide advice and
guidance to the Secretary on matters relating to covered veterans.
``(b) Duties.--The duties of the Committee shall be the following:
``(1) To advise the Secretary on matters relating to covered
veterans, including how the Secretary may improve the programs
and services of the Department to better serve such veterans.
``(2) To identify for the Secretary evolving issues of
relevance to covered veterans.
``(3) To propose clarifications, recommendations, and
solutions to address issues raised by covered veterans.
``(4) To provide a forum for covered veterans, veterans
service organizations serving covered veterans, and the
Department to discuss issues and proposals for changes to
regulations, policies, and procedures of the Department.
``(5) To identify priorities for and provide advice to the
Secretary on appropriate strategies for consultation with
veterans service organizations serving covered veterans.
[[Page 136 STAT. 3206]]
``(6) To encourage the Secretary to work with the heads of
other Federal departments and agencies, and Congress, to ensure
covered veterans are provided the full benefits of their status
as covered veterans.
``(7) To highlight contributions of covered veterans in the
Armed Forces.
``(8) To conduct other duties as determined appropriate by
the Secretary.
``(c) <<NOTE: Appointment.>> Membership.--(1) The Committee shall
be comprised of 15 voting members appointed by the Secretary.
``(2) In appointing members pursuant to paragraph (1), the Secretary
shall ensure the following:
``(A) <<NOTE: Territories.>> At least one member is
appointed to represent covered veterans in each of the following
areas:
``(i) American Samoa.
``(ii) Guam.
``(iii) Puerto Rico.
``(iv) The Commonwealth of the Northern Mariana
Islands.
``(v) The Virgin Islands of the United States.
``(vi) The Federated States of Micronesia.
``(vii) The Republic of the Marshall Islands.
``(viii) The Republic of Palau.
``(B) <<NOTE: Determination.>> Not fewer than half of the
members appointed are covered veterans, unless the Secretary
determines that an insufficient number of qualified covered
veterans are available.
``(C) Each member appointed resides in an area specified in
subparagraph (A).
``(3) In appointing members pursuant to paragraph (1), the Secretary
may consult with any Member of Congress who represents an area specified
in paragraph (2)(A).
``(4) <<NOTE: Appointment.>> In addition to the members appointed
pursuant to paragraph (1), the Committee shall be comprised of such ex
officio members as the Secretary of State and the Secretary of the
Interior shall appoint from among employees of the Department of State
and the Department of the Interior, respectively.
``(d) Terms; Vacancies.--(1) A member of the Committee--
``(A) shall be appointed for a term of two years; and
``(B) may be reappointed to serve an additional two-year
term.
``(2) <<NOTE: Deadline. Notice.>> Not later than 180 days after the
Secretary (or in the case of an ex officio member, the Secretary of
State or the Secretary of the Interior, as the case may be) receives
notice of a vacancy in the Committee, the vacancy shall be filled in the
same manner as the original appointment.
``(e) Meeting Format and Frequency.--(1) Except as provided in
paragraph (2), the Committee shall meet in-person with the Secretary not
less frequently than once each year and hold monthly conference calls as
necessary.
``(2) Meetings held under paragraph (1) may be conducted virtually
if determined necessary based on--
``(A) Department protocols; and
``(B) timing and budget considerations.
``(f) Additional Representation.--(1) Representatives of relevant
Federal departments and agencies may attend meetings of the Committee
and provide information to the Committee.
[[Page 136 STAT. 3207]]
``(2) One representative of the Department shall attend each meeting
of the Committee.
``(3) Representatives attending meetings under this subsection--
``(A) may not be considered voting members of the Committee;
and
``(B) may not receive additional compensation for services
performed with respect to the Committee.
``(g) Subcommittees.--(1) The Committee may establish subcommittees.
``(2) The Secretary may, in consultation with the Committee, appoint
a member to a subcommittee established under paragraph (1) who is not a
member of the Committee.
``(3) A subcommittee established under paragraph (1) may enhance the
function of the Committee, but may not supersede the authority of the
Committee or provide direct advice or work products to the Secretary.
``(h) Reports.--(1) Not less frequently than once every two years,
the Committee shall submit to the Secretary and the appropriate
congressional committees a report--
``(A) <<NOTE: Recommenda- tions.>> containing such
recommendations as the Committee may have for legislative or
administrative action; and
``(B) describing the activities of the Committee during the
previous two years.
``(2) Not later than 120 days after the date on which the Secretary
receives a report under paragraph (1), the Secretary shall submit to the
appropriate congressional committees a written response to the report
after--
``(A) giving the Committee an opportunity to review such
written response; and
``(B) including in such written response any comments the
Committee considers appropriate.
``(3) <<NOTE: Public information. Web posting.>> The Secretary
shall make publicly available on an internet website of the Department--
``(A) each report the Secretary receives under paragraph
(1); and
``(B) each written response the Secretary submits under
paragraph (2).
``(i) Committee Personnel Matters.--A member of the Committee shall
be allowed travel expenses, including per diem in lieu of subsistence,
at rates authorized for an employee of an agency under subchapter I of
chapter 57 of title 5 while away from the home or regular place of
business of the member in the performance of the duties of the
Committee.
``(j) Consultation.--In carrying out this section, the Secretary
shall consult with veterans service organizations serving covered
veterans.
``(k) Termination.--The Committee shall terminate on the date that
is 10 years after the date of the enactment of this section.
``(l) Definitions.--In this section:
``(1) The term `appropriate congressional committees'
means--
``(A) the Committee on Veterans' Affairs of the
House of Representatives; and
``(B) the Committee on Veterans' Affairs of the
Senate.
``(2) The term `Committee' means the Advisory Committee on
United States Outlying Areas and Freely Associated States
established under subsection (a).
[[Page 136 STAT. 3208]]
``(3) The term `covered veteran' means a veteran residing in
an area specified in subsection (c)(2)(A).
``(4) The term `veterans service organization serving
covered veterans' means any organization that--
``(A) serves the interests of covered veterans;
``(B) has covered veterans in substantive and
policymaking positions within the organization; and
``(C) has demonstrated experience working with
covered veterans.''.
(b) <<NOTE: 38 USC 548 note.>> Deadline for Establishment.--Not
later than 180 days after the date of the enactment of this Act, the
Secretary of Veterans Affairs shall establish the advisory committee
required by section 548 of title 38, United States Code, as added by
subsection (a) of this section.
(c) Deadline for Initial Appointments.--Not later than 90 days after
the date on which the Secretary establishes the advisory committee
required by such section 548, the members of such advisory committee
shall be appointed.
(d) <<NOTE: Deadline.>> Initial Meeting.--Not later than 180 days
after the date on which the Secretary establishes the advisory committee
required by such section 548, such advisory committee shall hold its
first meeting.
Subtitle B--Studies and Reports
SEC. 5111. SECRETARY OF VETERANS AFFAIRS STUDY ON DISSEMINATION OF
INFORMATION ON DEPARTMENT OF VETERANS
AFFAIRS HOME LOAN BENEFITS.
(a) Study.--The Secretary of Veterans Affairs shall conduct a study
to identify the means by which the Secretary informs lenders and
veterans about the availability of loans guaranteed by the Department of
Veterans Affairs under chapter 37 of title 38, United States Code, for
any purpose described in section 3710(a) of such title.
(b) Report.--Not later than six months after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall--
(1) submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the results of the study conducted
under subsection (a); and
(2) <<NOTE: Public information. Web posting.>> make such
report publicly available on an appropriate website of the
Department of Veterans Affairs.
SEC. 5112. GAO STUDY ON POST-MARKET SURVEILLANCE OF MEDICAL
DEVICES BY DEPARTMENT OF VETERANS
AFFAIRS.
(a) Study.--The Comptroller General of the United States shall
conduct a study on the efforts of the Under Secretary of Veterans
Affairs for Health relating to post-market surveillance of implantable
medical devices.
(b) Report.--Not later than one year after the date of the enactment
of this Act, the Comptroller General shall submit to the Committees on
Veterans' Affairs of the House of Representatives and the Senate a
report on the findings of the study under subsection
(a). <<NOTE: Evaluations.>> Such report shall include the following:
[[Page 136 STAT. 3209]]
(1) A description of the process used by the Under Secretary
of Veterans Affairs for Health for documenting implantable
medical devices issued to patients.
(2) An evaluation of the capability of the Under Secretary
of Veterans Affairs for Health to identify, in a timely manner,
adverse events and safety issues relating to implantable medical
devices.
(3) An evaluation of the process for, and potential barriers
to, the Under Secretary of Veterans Affairs for Health notifying
patients of an implantable medical device recall.
(4) An evaluation of the accessibility of the adverse event
reporting systems of the Veterans Health Administration for
patients with disabilities.
(5) <<NOTE: Recommenda- tions.>> Recommendations to address
gaps in such adverse event reporting systems, to better identify
adverse events and safety issues from implantable medical
devices.
SEC. 5113. DEPARTMENT OF VETERANS AFFAIRS REPORT ON SUPPORTIVE
SERVICES AND HOUSING INSECURITY.
Not later than one year after the date of the enactment of this Act,
the Secretary of Veterans Affairs, in coordination with the Secretary of
Housing and Urban Development and the Secretary of Labor, shall submit
to Congress a report on how often and what type of supportive services
(including career transition and mental health services and services for
elderly veterans) are being offered to and used by veterans, and any
correlation between a lack of supportive services programs and the
likelihood of veterans falling back into housing insecurity. The
Secretary of Veterans Affairs shall ensure that any medical information
included in the report is de-identified.
SEC. 5114. REPORT ON HANDLING OF CERTAIN RECORDS OF THE DEPARTMENT
OF VETERANS AFFAIRS.
(a) Report.--Not later than one year after the date of the enactment
of this Act, the Inspector General of the Department of Veterans
Affairs, in coordination with the Secretary of Defense, shall submit to
Congress a report on the extent to which the procedures outlined in
provision M21-1 III.ii.2.F.1 of the Adjudication Procedures Manual of
the Department of Veterans Affairs, or any successor document, are
followed in assisting veterans obtain or reconstruct service records or
medical information damaged or destroyed in the fire that occurred at
the National Processing Records Center in St. Louis, Missouri, in July
of 1973.
(b) Elements.--The report under subsection (a) shall include the
following elements:
(1) <<NOTE: Determination.>> The determination of the
Inspector General as to whether employees of the Department of
Veterans Affairs receive sufficient training on the procedures
specified in such subsection.
(2) <<NOTE: Determination.>> The determination of the
Inspector General as to whether veterans are informed of actions
necessary to adhere to such procedures.
(3) The percentage of cases regarding such service records
and medical information in which employees of the Department of
Veterans Affairs follow such procedures.
(4) The average duration of time to resolve an issue using
such procedures.
[[Page 136 STAT. 3210]]
(5) <<NOTE: Recommenda- tions.>> Recommendations on how to
improve the implementation of such procedures.
Subtitle C--Other Matters
SEC. 5121. IMPROVED APPLICATION OF EMPLOYMENT AND REEMPLOYMENT
RIGHTS OF ALL MEMBERS OF UNIFORMED
SERVICES.
(a) In General.--Paragraph (5) of section 4303 of title 38, United
States Code, is amended to read as follows:
``(5) The term `Federal executive agency'--
``(A) except as provided in subparagraph (B),
includes--
``(i) the United States Postal Service;
``(ii) the Postal Regulatory Commission;
``(iii) any nonappropriated fund
instrumentality of the United States;
``(iv) any Executive agency (as defined in
section 105 of title 5); and
``(v) any military department (as defined in
section 102 of title 5) with respect to the
civilian employees of that department; and
``(B) does not include--
``(i) an agency referred to in section
2302(a)(2)(C)(ii) of title 5;
``(ii) the National Oceanic and Atmospheric
Administration with respect to members of the
commissioned officer corps of the National Oceanic
and Atmospheric Administration; or
``(iii) the Public Health Service with respect
to members of the Commissioned Corps of the Public
Health Service serving on active duty, active duty
for training, or inactive duty training.''.
(b) Technical Correction.--Paragraph (17) of such section is amended
by striking ``commissioned corps of the Public Health Service'' and
inserting ``Commissioned Corps of the Public Health Service''.
SEC. 5122. COMPETITIVE PAY FOR HEALTH CARE PROVIDERS OF DEPARTMENT
OF VETERANS AFFAIRS.
Section 7451(c) of title 38, United States Code, is amended by
adding at the end the following new paragraph:
``(4)(A) <<NOTE: Survey.>> The director of each medical center of
the Department shall submit to the Secretary an annual locality pay
survey and rates of basic pay for covered positions at such medical
center to ensure that pay rates remain competitive in the local labor
market.
``(B) <<NOTE: Reports.>> Not less than once per fiscal year, the
Secretary shall submit to the Committees on Veterans' Affairs of the
House of Representatives and the Senate a report on rates of basic pay
for covered positions at medical centers of the Department.''.
SEC. 5123. DEFINITION OF LAND USE REVENUE UNDER WEST LOS ANGELES
LEASING ACT OF 2016.
Section 2(d)(2) of the West Los Angeles Leasing Act of 2016 (Public
Law 114-226) is amended--
(1) in subparagraph (A), by striking ``; and'' and inserting
a semicolon;
[[Page 136 STAT. 3211]]
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following new
subparagraph:
``(B) to the extent specified in advance in an
appropriations Act for a fiscal year, any funds received
as compensation for an easement described in subsection
(e); and''.
SEC. 5124. TECHNICAL CORRECTIONS TO HONORING OUR PACT ACT OF 2022.
(a) Presumption of Service Connection for Certain Diseases
Associated With Exposure to Burn Pits and Other Toxins.--Section
1120(b)(2) of title 38, United States Code, is amended--
(1) by striking subparagraph (G); and
(2) by redesignating subparagraphs (H) through (K) as
subparagraphs (G) through (J), respectively.
(b) Congressional Approval of Certain Medical Facility
Acquisitions.--Section 703(c)(5)(C) of the Honoring our PACT Act of 2022
(Public Law 117-168; 136 Stat. 1797) <<NOTE: 38 USC 8104.>> is amended
to read as follows:
``(C) by striking `or a major medical facility lease
(as defined in subsection (a)(3)(B))';''.
(c) Use of Competitive Procedures to Acquire Space for the Purpose
of Providing Health-care Resources to Veterans.--Section 8103(h)(1) of
title 38, United States Code, is amended by striking ``section 2304 of
title 10'' and inserting ``section 3301 of title 41''.
(d) <<NOTE: 38 USC 1120 note.>> Effective Date.--The amendments
made by this section shall take effect as if included in the enactment
of the Honoring our PACT Act of 2022 (Public Law 117-168).
SEC. 5125. IMPROVING PILOT PROGRAM ON ACCEPTANCE BY THE DEPARTMENT
OF VETERANS AFFAIRS OF DONATED
FACILITIES AND RELATED IMPROVEMENTS.
(a) In General.--Section 2 of the Communities Helping Invest through
Property and Improvements Needed for Veterans Act of 2016 (Public Law
114-294; 38 U.S.C. 8103 note) is amended--
(1) in subsection (b)(1)(A), by inserting before the
semicolon the following: ``or for which funds are available from
the Construction, Minor Projects, or Construction, Major
Projects appropriations accounts'';
(2) in subsection (e)(1)--
(A) in subparagraph (A)--
(i) by striking ``The Secretary'' and
inserting ``Except as otherwise provided in this
paragraph, the Secretary''; and
(ii) by inserting ``or funds already generally
available in the Construction, Minor Projects, or
Construction, Major Projects appropriations
accounts'' after ``that are in addition to the
funds appropriated for the facility'';
(B) in subparagraph (B), by striking ``subparagraph
(A)'' and inserting ``this paragraph'';
(C) by redesignating subparagraph (B) as
subparagraph (F); and
(D) by inserting after subparagraph (A) the
following new subparagraphs:
[[Page 136 STAT. 3212]]
``(B) Unobligated amounts.--The Secretary may
provide additional funds to help an entity described in
subsection (a)(2) finance, design, or construct a
facility in connection with real property and
improvements to be donated under the pilot program and
proposed to be accepted by the Secretary under
subsection (b)(1)(B) if--
``(i) <<NOTE: Determination.>> the Secretary
determines that doing so is in the best interest
of the Department and consistent with the mission
of the Department; and
``(ii) funding provided under this
subparagraph--
``(I) is in addition to amounts that
have been appropriated for the facility
before the date on which the Secretary
and the entity enter into a formal
agreement under subsection (c) for the
construction and donation of the real
property and improvements; and
``(II) is derived only from amounts
that--
``(aa) are unobligated
balances available in the
Construction, Minor Projects, or
Construction, Major Projects
appropriations accounts of the
Department that--
``(AA) are not
associated with a specific
project; or
``(BB) are amounts that
are associated with a
specific project, but are
unobligated because they are
the result of bid savings;
and
``(bb) were appropriated to
such an account before the date
described in subclause (I).
``(C) Escalation clauses.--
``(i) <<NOTE: Determination.>> In general.--
The Secretary may include an escalation clause in
a formal agreement under subsection (c) that
authorizes an escalation of not more than an
annual amount based on a rate established in the
formal agreement and mutually agreed upon by the
Secretary and an entity to account for inflation
for an area if the Secretary determines, after
consultation with the head of an appropriate
Federal entity that is not part of the Department,
that such escalation is necessary and in the best
interest of the Department.
``(ii) Use of existing amounts.--The Secretary
may obligate funds pursuant to clause (i) in
connection with a formal agreement under
subsection (c) using amounts that--
``(I) are unobligated balances
available in the Construction, Minor
Projects, or Construction, Major
Projects appropriations accounts of the
Department that--
``(aa) are not associated
with a specific project; or
``(bb) are amounts that are
associated with a specific
project, but are unobligated
because they are the result of
bid savings; and
``(II) were appropriated to such an
account before the date on which the
Secretary and the entity entered into
the formal agreement.
[[Page 136 STAT. 3213]]
``(D) Availability.--Unobligated amounts shall be
available pursuant to subparagraphs (B) and (C) only to
the extent and in such amounts as provided in advance in
appropriations Acts subsequent to the date of the
enactment of this subparagraph, subject to subparagraph
(E).
``(E) Limitation.--Unobligated amounts made
available pursuant to subparagraphs (B) and (C) may not
exceed 40 percent of the amount appropriated for the
facility before the date on which the Secretary and the
entity entered into a formal agreement under subsection
(c).''; and
(3) in subsection (j)--
(A) by striking ``Rule'' and inserting ``Rules'';
(B) by striking ``Nothing in'' and inserting the
following:
``(1) Entering arrangements and agreements.--Nothing in'';
and
(C) by adding at the end the following new
paragraph:
``(2) Treatment of assistance.--Nothing provided under this
section shall be treated as Federal financial assistance as
defined in section 200.40 of title 2, Code of Federal
Regulations, as in effect on February 21, 2021.''.
(b) <<NOTE: 38 USC 8103 note.>> Amendments to Existing
Agreements.--Each agreement entered into under section (2)(c) of such
Act before the date of the enactment of this Act that was in effect on
the date of the enactment of this Act may be amended to incorporate
terms authorized by subparagraphs (B) and (C) of section 2(e)(1) of such
Act, as added by subsection (a)(2)(D) of this section.
SEC. 5126. <<NOTE: 38 USC 7309 note.>> IMPROVEMENT OF VET CENTERS
AT DEPARTMENT OF VETERANS AFFAIRS.
(a) Productivity Expectations for Readjustment Counselors of Vet
Centers.--
(1) <<NOTE: Deadline.>> Evaluation of productivity
expectations.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
evaluate productivity expectations for readjustment counselors
of Vet Centers, including by obtaining systematic feedback from
counselors on such expectations, including with respect to
following:
(A) Any potential effects of productivity
expectations, whether positive or negative, on client
care and the welfare of readjustment counselors.
(B) Distances readjustment counselors may travel to
appointments, especially with respect to serving rural
veterans.
(C) The possibility that some veterans may not want
to use nor benefit from telehealth or group counseling.
(D) Availability and access of veteran populations
to broadband and telehealth.
(E) Any effect of productivity expectations on
readjustment counselors, including with respect to
recruitment, retention, and welfare.
(F) Whether productivity expectations provide
incentives or pressure to inaccurately report client
visits.
(G) Whether directors and readjustment counselors of
Vet Centers need additional training or guidance on how
productivity expectations are calculated.
(H) Such other criteria as the Secretary considers
appropriate.
[[Page 136 STAT. 3214]]
(2) Systematic feedback.--
(A) In general.--The Secretary shall--
(i) make every effort to ensure that all
readjustment counselors of Vet Centers are given
the opportunity to fully provide feedback,
positive or negative, including through a survey
containing open- and close-ended questions, on all
items under paragraph (1);
(ii) in obtaining feedback under paragraph
(1), ensure that the items under paragraph (1) are
adequately and completely addressed in a way that
permits responses to be relevant to the evaluation
of productivity expectations;
(iii) collect and safely store the feedback
obtained under paragraph (1)--
(I) in an electronic database that
cannot be altered by any party;
(II) in an anonymized manner, in
order to protect the privacy of each
respondent; and
(III) in a manner that allows for
evaluation by third parties of the
feedback, such as audit of the feedback
by the Government Accountability Office;
and
(iv) provide the feedback obtained under
paragraph (1) in an anonymized manner to the
working group established under subsection (c).
(B) <<NOTE: Deadlines.>> Government accountability
office audit.--Not less frequently than once each year
during the five-year period beginning on the date of the
enactment of this Act, the Comptroller General of the
United States shall audit the feedback obtained from
readjustment counselors of Vet Centers under paragraph
(1).
(3) <<NOTE: Deadline.>> Implementation of changes.--Not
later than 90 days after the date of the completion of the
evaluation required by paragraph (1), the Secretary shall
implement any needed changes to the productivity expectations
described in such paragraph in order to ensure--
(A) quality of care and access to care for veterans;
and
(B) the welfare of readjustment counselors.
(4) Report to congress.--Not later than 180 days after the
date of the completion of the evaluation required by paragraph
(1), the Secretary shall submit to Congress a report on--
(A) the findings of the evaluation; and
(B) any planned or implemented changes described in
paragraph (3).
(5) Plan for reassessment and implementation.--
(A) <<NOTE: Deadline.>> Plan.--Not later than one
year after the date of the enactment of this Act, the
Secretary shall develop and implement a plan for--
(i) reassessing productivity expectations for
readjustment counselors of Vet Centers, in
consultation with such counselors; and
(ii) implementing any needed changes to such
expectations, as the Secretary determines
appropriate.
[[Page 136 STAT. 3215]]
(B) Reassessments.--Under the plan required by
subparagraph (A), the Secretary shall conduct a
reassessment described in such paragraph not less
frequently than once each year.
(b) Staffing Model for Vet Centers.--
(1) <<NOTE: Deadline.>> In general.--Not later than one
year after the date of the enactment of this Act, the Secretary
of Veterans Affairs shall develop and implement a staffing model
for Vet Centers that incorporates key practices in the design of
such staffing model.
(2) Elements.--In developing the staffing model under
paragraph (1), the Secretary shall--
(A) involve key stakeholders, including readjustment
counselors, outreach specialists, and directors of Vet
Centers;
(B) incorporate key work activities and the
frequency and time required to conduct such activities;
(C) ensure the data used in the model is high
quality to provide assurance that staffing estimates are
reliable; and
(D) incorporate--
(i) risk factors, including case complexity;
(ii) geography;
(iii) availability, advisability, and
willingness of veterans to use telehealth or group
counseling; and
(iv) such other factors as the Secretary
considers appropriate.
(3) <<NOTE: Deadline.>> Plan for assessments and updates.--
Not later than one year after the date of the enactment of this
Act, the Secretary shall develop a plan for--
(A) assessing and updating the staffing model
developed and implemented under paragraph (1) not less
frequently than once every four years; and
(B) implementing any needed changes to such model,
as the Secretary determines appropriate.
(c) <<NOTE: Establishment.>> Working Group of Readjustment
Counselors, Outreach Specialists, and Directors of Vet Centers.--
(1) <<NOTE: Assessments.>> In general.--In conducting the
evaluation of productivity expectations under subsection (a) (1)
and developing the staffing model for Vet Centers under
subsection (b)(1), the Secretary of Veterans Affairs shall
establish a working group to assess--
(A) the efficacy, impact, and composition of
performance metrics for such expectations with respect
to--
(i) quality of care and access to care for
veterans; and
(ii) the welfare of readjustment counselors
and other employees of Vet Centers; and
(B) key considerations for the development of such
staffing model, including with respect to--
(i) quality of care and access to care for
veterans and other individuals eligible for care
through Vet Centers; and
(ii) recruitment, retention, and welfare of
employees of Vet Centers.
[[Page 136 STAT. 3216]]
(2) Membership.--The working group established under
paragraph (1) shall be composed of readjustment counselors,
outreach specialists, and directors of Vet Centers.
(3) Feedback and recommendations.--The working group
established under paragraph (1) shall provide to the Secretary--
(A) feedback from readjustment counselors, outreach
specialists, and directors of Vet Centers; and
(B) recommendations on how to improve--
(i) quality of care and access to care for
veterans; and
(ii) the welfare of readjustment counselors
and other employees of Vet Centers.
(d) Improvements of Hiring Practices at Vet Centers.--
(1) Standardization of position descriptions.--
(A) <<NOTE: Deadline.>> In general.--Not later than
one year after the date of the enactment of this Act,
the Secretary of Veterans Affairs shall standardize
descriptions of position responsibilities at Vet
Centers.
(B) Reporting requirement.--In each of the first two
annual reports submitted under section 7309(e) of title
38, United States Code, after the date of the enactment
of this Act, the Secretary shall include a description
of the actions taken by the Secretary to carry out
subparagraph (A).
(2) Expansion of reporting requirements on readjustment
counseling to include actions to reduce staffing vacancies and
time to hire.--Section 7309(e)(2) of title 38, United States
Code, is amended by adding at the end the following new
subparagraph:
``(D) A description of actions taken by the Secretary to
reduce--
``(i) vacancies in counselor positions in the
Readjustment Counseling Service; and
``(ii) the time it takes to hire such counselors.''.
(e) Report by Government Accountability Office on Vet Center
Infrastructure and Future Investments.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report on physical
infrastructure and future investments with respect to Vet
Centers.
(2) <<NOTE: Assessments.>> Elements.--The report required
by paragraph (1) shall include the following:
(A) An assessment of--
(i) the condition of the physical
infrastructure of all assets of Vet Centers,
whether owned or leased by the Department of
Veterans Affairs; and
(ii) the short-, medium-, and long-term plans
of the Department to maintain and upgrade the
physical infrastructure of Vet Centers to address
the operational needs of Vet Centers as of the
date of the submittal of the report and future
needs.
(B) An assessment of management and strategic
planning for the physical infrastructure of Vet Centers,
including whether the Department should buy or lease
existing or additional locations in areas with stable or
growing populations of veterans.
[[Page 136 STAT. 3217]]
(C) An assessment of whether, as of the date of the
submittal of the report, Vet Center buildings, mobile
Vet Centers, community access points, and similar
infrastructure are sufficient to care for veterans or if
such infrastructure is negatively affecting care due to
limited space for veterans and Vet Center personnel or
other factors.
(D) An assessment of the areas with the greatest
need for investments in--
(i) improved physical infrastructure,
including upgraded Vet Centers; or
(ii) additional physical infrastructure for
Vet Centers, including new Vet Centers owned or
leased by the Department.
(E) A description of the authorities and resources
that may be required for the Secretary to make such
investments.
(F) <<NOTE: Review.>> A review of all annual
reports submitted under 7309(e) of title 38, United
States Code, before the date of the submittal of the
report under paragraph (1).
(f) Pilot Program to Combat Food Insecurity Among Veterans and
Family Members of Veterans.--
(1) <<NOTE: Deadline.>> In general.--Not later than 18
months after the date of the enactment of this Act, the
Secretary of Veterans Affairs shall establish a pilot program to
award grants to eligible entities to support partnerships that
address food insecurity among veterans and family members of
veterans who receive services through Vet Centers or other
facilities of the Department as determined by the Secretary.
(2) Duration of pilot.--The Secretary shall carry out the
pilot program for a three-year period beginning on the date of
the establishment of the pilot program.
(3) Training and technical assistance.--The Secretary may
provide eligible entities receiving grant funding under the
pilot program with training and technical assistance on the
provision of food insecurity assistance services to veterans and
family members of veterans.
(4) Eligible entities.--For purposes of the pilot program,
an eligible entity is--
(A) a nonprofit organization;
(B) an organization recognized by the Secretary for
the representation of veterans under section 5902 of
title 38, United States Code;
(C) a public agency;
(D) a community-based organization; or
(E) an institution of higher education.
(5) Application.--An eligible entity seeking a grant under
the pilot program shall submit to the Secretary an application
therefor at such time, in such manner, and containing such
information and commitments as the Secretary may require.
(6) Selection.--The Secretary shall select eligible entities
that submit applications under paragraph (5) for the award of
grants under the pilot program using a competitive process that
takes into account the following:
(A) Capacity of the applicant entity to serve
veterans and family members of veterans.
(B) Demonstrated need of the population the
applicant entity would serve.
[[Page 136 STAT. 3218]]
(C) Demonstrated need of the applicant entity for
assistance from the grant.
(D) Such other criteria as the Secretary considers
appropriate.
(7) Distribution.--The Secretary shall ensure, to the extent
practicable, an equitable geographic distribution of grants
awarded under this subsection.
(8) Minimum program requirements.--Any grant awarded under
this subsection shall be used--
(A) <<NOTE: Coordination.>> to coordinate with the
Secretary with respect to the provision of assistance to
address food insecurity among veterans and family
members of veterans described in paragraph (1);
(B) to increase participation in nutrition
counseling programs and provide educational materials
and counseling to veterans and family members of
veterans to address food insecurity and healthy diets
among those individuals;
(C) to increase access to and enrollment in Federal
assistance programs, including the supplemental
nutrition assistance program under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), the
special supplemental nutrition program for women,
infants, and children established by section 17 of the
Child Nutrition Act of 1966 (42 U.S.C. 1786), the low-
income home energy assistance program established under
the Low-Income Home Energy Assistance Act of 1981 (42
U.S.C. 8621 et seq.), and any other assistance program
that the Secretary considers advisable; and
(D) to fulfill such other criteria as the Secretary
considers appropriate to further the purpose of the
grant and serve veterans.
(9) Provision of information.--Each entity that receives a
grant under this subsection shall provide to the Secretary, at
least once each year during the duration of the grant term, data
on--
(A) the number of veterans and family members of
veterans screened for, and enrolled in, programs
described in subparagraphs (B) and (C) of paragraph (8);
(B) other services provided by the entity to
veterans and family members of veterans using funds from
the grant; and
(C) such other data as the Secretary may require.
(10) Report on data collected.--For each year of operation
of the pilot program, the Secretary shall submit to the
appropriate committees of Congress a report on the data
collected under paragraph (9) during such year.
(11) Government accountability office report.--
(A) In general.--Not later than one year after the
date on which the pilot program terminates, the
Comptroller General of the United States shall submit to
Congress a report evaluating the effectiveness and
outcomes of the activities carried out under this
subsection in reducing food insecurity among veterans
and family members of veterans.
(B) Elements.--The report required by subparagraph
(A) shall include the following:
[[Page 136 STAT. 3219]]
(i) <<NOTE: Summary.>> A summary of the
activities carried out under this subsection.
(ii) <<NOTE: Assessment.>> An assessment of
the effectiveness and outcomes of the grants
awarded under this subsection, including with
respect to eligibility screening contacts,
application assistance consultations, and changes
in food insecurity among the population served by
the grant.
(iii) Best practices regarding the use of
partnerships to improve the effectiveness and
outcomes of public benefit programs to address
food insecurity among veterans and family members
of veterans.
(iv) <<NOTE: Assessment.>> An assessment of
the feasibility and advisability of making the
pilot program permanent and expanding to other
locations.
(12) Authorization of appropriations.--
(A) In general.--There is authorized to be
appropriated to carry out the pilot program established
under paragraph (1) $15,000,000 for each fiscal year in
which the program is carried out, beginning with the
fiscal year in which the program is established.
(B) Administrative expenses.--Of the amounts
authorized to be appropriated under subparagraph (A),
not more than ten percent may be used for administrative
expenses of the Department of Veterans Affairs
associated with administering grants under this
subsection.
(13) Definitions.--In this subsection:
(A) The term ``appropriate committees of Congress''
means--
(i) the Committee on Veterans' Affairs, the
Committee on Appropriations, and the Committee on
Agriculture, Nutrition, and Forestry of the
Senate; and
(ii) the Committee on Veterans' Affairs, the
Committee on Appropriations, and the Committee on
Agriculture of the House of Representatives.
(B) The term ``facilities of the Department'' has
the meaning given that term in section 1701(3) of title
38, United States Code.
(C) The term ``institution of higher education'' has
the meaning given that term in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001).
(D) The term ``public agency'' means a department,
agency, other unit, or instrumentality of Federal,
State, Tribal, or local government.
(E) The term ``State'' has the meaning given that
term in section 101(20) of title 38, United States Code.
(F) The term ``veteran'' means an individual who
served in the Armed Forces, including an individual who
served in a reserve component of the Armed Forces, and
who was discharged or released therefrom, regardless of
the conditions of such discharge or release.
(g) Definition of Vet Center.--In this section, the term ``Vet
Center'' has the meaning given that term in section 1712A(h) of title
38, United States Code.
[[Page 136 STAT. 3220]]
SEC. 5127. <<NOTE: 38 USC 7302 note.>> INFORMATION ON CERTAIN
VETERANS WITH PRIOR MEDICAL OCCUPATIONS;
PROGRAM ON INTERMEDIATE CARE TECHNICIANS
OF DEPARTMENT OF VETERANS AFFAIRS.
(a) Update of Web Portal to Identify Certain Veterans.--
(1) Update.--The Secretary of Veterans Affairs shall update
web portals of the Department of Veterans Affairs to provide for
a method by which a veteran who served in a medical occupation
while serving as a member of the Armed Forces may elect to
provide the information described in paragraph (2).
(2) Information in portal.--The information described in
this paragraph is the following:
(A) Contact information for the veteran.
(B) A history of the medical experience and trained
competencies of the veteran.
(3) Inclusions in history.--To the extent practicable, the
history of a veteran provided under paragraph (2)(B) shall
include individual critical task lists specific to the military
occupational specialty of the veteran that align with standard
occupational codes maintained by the Commissioner of the Bureau
of Labor Statistics.
(4) Sharing of information.--For purposes of facilitating
civilian medical credentialing and hiring opportunities for
veterans seeking to respond to a national emergency, including a
public health emergency declared by the Secretary of Health and
Human Services under section 319 of the Public Health Service
Act (42 U.S.C. 247d), the Secretary of Veterans Affairs, in
coordination with the Secretary of Defense and the Secretary of
Labor, shall establish a program to share the information
described in paragraph (2) with the following:
(A) State departments of veterans affairs.
(B) Veterans service organizations.
(C) State credentialing bodies.
(D) State homes.
(E) Other stakeholders involved in State-level
credentialing, as determined appropriate by the
Secretary of Veterans Affairs.
(b) Program on Training of Intermediate Care Technicians of
Department of Veterans Affairs.--
(1) Establishment.--The Secretary of Veterans Affairs shall
establish a program to train, certify, and employ covered
veterans as intermediate care technicians of the Department of
Veterans Affairs.
(2) Locations.--The Secretary of Veterans Affairs may assign
an intermediate care technician of the Department of Veterans
Affairs trained under the program under paragraph (1) to any
medical center of the Department of Veterans Affairs, giving
priority to locations with a significant staffing shortage.
(3) Inclusion of information in transition assistance
program.--As part of the Transition Assistance Program under
sections 1142 and 1144 of title 10, United States Code, the
Secretary of Veterans Affairs shall conduct a communications
campaign to convey to appropriate members of the Armed Forces
separating from active duty opportunities for training,
certification, and employment under the program under paragraph
(1).
[[Page 136 STAT. 3221]]
(4) Report on expansion of program.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Veterans Affairs shall submit to the Committees on Veterans'
Affairs of the House of Representatives and the Senate a report
on whether the program under paragraph (1) may be replicated for
other medical positions within the Department of Veterans
Affairs.
(c) Notification of Opportunities for Veterans.--The Secretary of
Veterans Affairs shall notify veterans service organizations and, in
coordination with the Secretary of Defense, members of the reserve
components of the Armed Forces of opportunities for veterans under this
section.
(d) Definitions.--In this section:
(1) The term ``covered veteran'' means a veteran whom the
Secretary of Veterans Affairs determines served as a basic
health care technician while serving in the Armed Forces.
(2) The terms ``State home'' and ``veteran'' have the
meanings given those terms in section 101 of title 38, United
States Code.
(3) The term ``veterans service organization'' means an
organization that provides services to veterans, including
organizations recognized by the Secretary of Veterans Affairs
under section 5902 of title 38, United States Code.
TITLE LII--INSPECTOR GENERAL INDEPENDENCE AND EMPOWERMENT MATTERS
Subtitle A--Inspector General Independence
Sec. 5201. Short title.
Sec. 5202. Removal or transfer of Inspectors General; placement on non-
duty status.
Sec. 5203. Vacancy in position of Inspector General.
Sec. 5204. Office of Inspector General whistleblower complaints.
Subtitle B--Presidential Explanation of Failure to Nominate an Inspector
General
Sec. 5221. Presidential explanation of failure to nominate an Inspector
General.
Subtitle C--Integrity Committee of the Council of Inspectors General on
Integrity and Efficiency Transparency
Sec. 5231. Short title.
Sec. 5232. Additional information to be included in requests and reports
to Congress.
Sec. 5233. Availability of information to Congress on certain
allegations of wrongdoing closed without referral.
Sec. 5234. Semiannual report.
Sec. 5235. Additional reports.
Sec. 5236. Requirement to report final disposition to Congress.
Sec. 5237. Investigations of Offices of Inspector General of
establishments by the Integrity Committee.
Subtitle D--Notice of Ongoing Investigations When There Is a Change in
Status of Inspector General
Sec. 5241. Notice of ongoing investigations when there is a change in
status of Inspector General.
Subtitle E--Council of the Inspectors General on Integrity and
Efficiency Report on Expenditures
Sec. 5251. CIGIE report on expenditures.
[[Page 136 STAT. 3222]]
Subtitle F--Notice of Refusal to Provide Inspectors General Access
Sec. 5261. Notice of refusal to provide information or assistance to
Inspectors General.
Subtitle G--Training Resources for Inspectors General and Other Matters
Sec. 5271. Training resources for Inspectors General.
Sec. 5272. Definition of appropriate congressional committees.
Sec. 5273. Semiannual reports.
Sec. 5274. Submission of reports that specifically identify non-
governmental organizations or business entities.
Sec. 5275. Review relating to vetting, processing, and resettlement of
evacuees from Afghanistan and the Afghanistan special
immigrant visa program.
Subtitle A-- <<NOTE: Securing Inspector General Independence Act of
2022.>> Inspector General Independence
SEC. 5201. <<NOTE: 5 USC app. 1 note.>> SHORT TITLE.
This subtitle may be cited as the ``Securing Inspector General
Independence Act of 2022''.
SEC. 5202. REMOVAL OR TRANSFER OF INSPECTORS GENERAL; PLACEMENT ON
NON-DUTY STATUS.
(a) In General.--The Inspector General Act of 1978 (5 U.S.C. App.)
is amended--
(1) <<NOTE: 5 USC app. 3.>> in section 3(b)--
(A) by inserting ``(1)(A)'' after ``(b)'';
(B) in paragraph (1), as so designated--
(i) in subparagraph (A), as so designated, in
the second sentence--
(I) by striking ``reasons'' and
inserting the following: ``substantive
rationale, including detailed and case-
specific reasons,''; and
(II) by inserting ``(including to
the appropriate congressional
committees)'' after ``Houses of
Congress''; and
(ii) by adding at the end the following:
``(B) If there is an open or completed inquiry into
an Inspector General that relates to the removal or
transfer of the Inspector General under subparagraph
(A), the written communication required under that
subparagraph shall--
``(i) identify each entity that is conducting,
or that conducted, the inquiry; and
``(ii) in the case of a completed inquiry,
contain the findings made during the inquiry.'';
and
(C) by adding at the end the following:
``(2)(A) <<NOTE: President.>> Subject to the other
provisions of this paragraph, only the President may place an
Inspector General on non-duty status.
``(B) <<NOTE: Deadlines. Determinations.>> If the President
places an Inspector General on non-duty status, the President
shall communicate in writing the substantive rationale,
including detailed and case-specific reasons, for the change in
status to both Houses of Congress (including to the appropriate
congressional committees) not later than 15 days before the date
on which the change in status takes effect, except that the
President may submit that communication not later than the date
on which the change in status takes effect if--
[[Page 136 STAT. 3223]]
``(i) the President has made a determination that
the continued presence of the Inspector General in the
workplace poses a threat described in any of clauses (i)
through (iv) of section 6329b(b)(2)(A) of title 5,
United States Code; and
``(ii) <<NOTE: Reports.>> in the communication, the
President includes a report on the determination
described in clause (i), which shall include--
``(I) <<NOTE: Applicability.>> a
specification of which clause of section
6329b(b)(2)(A) of title 5, United States Code, the
President has determined applies under clause (i)
of this subparagraph;
``(II) the substantive rationale, including
detailed and case-specific reasons, for the
determination made under clause (i);
``(III) an identification of each entity that
is conducting, or that conducted, any inquiry upon
which the determination under clause (i) was made;
and
``(IV) in the case of an inquiry described in
subclause (III) that is completed, the findings
made during that inquiry.
``(C) <<NOTE: Time period.>> The President may not place an
Inspector General on non-duty status during the 30-day period
preceding the date on which the Inspector General is removed or
transferred under paragraph (1)(A) unless the President--
``(i) <<NOTE: Determination.>> has made a
determination that the continued presence of the
Inspector General in the workplace poses a threat
described in any of clauses (i) through (iv) of section
6329b(b)(2)(A) of title 5, United States Code; and
``(ii) <<NOTE: Deadline.>> not later than the date
on which the change in status takes effect, submits to
both Houses of Congress (including to the appropriate
congressional committees) a written communication that
contains the information required under subparagraph
(B), including the report required under clause (ii) of
that subparagraph.
``(D) For the purposes of this paragraph--
``(i) <<NOTE: Definition.>> the term `Inspector
General'--
``(I) means an Inspector General who was
appointed by the President, without regard to
whether the Senate provided advice and consent
with respect to that appointment; and
``(II) includes the Inspector General of an
establishment, the Special Inspector General for
Afghanistan Reconstruction, the Special Inspector
General for the Troubled Asset Relief Program, and
the Special Inspector General for Pandemic
Recovery; and
``(ii) a reference to the removal or transfer of an
Inspector General under paragraph (1), or to the written
communication described in that paragraph, shall be
considered to be--
``(I) in the case of the Special Inspector
General for Afghanistan Reconstruction, a
reference to section 1229(c)(6) of the National
Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 378);
``(II) in the case of the Special Inspector
General for the Troubled Asset Relief Program, a
reference
[[Page 136 STAT. 3224]]
to section 121(b)(4) of the Emergency Economic
Stabilization Act of 2008 (12 U.S.C. 5231(b)(4));
and
``(III) in the case of the Special Inspector
General for Pandemic Recovery, a reference to
section 4018(b)(3) of the CARES Act (15 U.S.C.
9053(b)(3)).'';
(2) <<NOTE: 5 USC app. 8G.>> in section 8G(e)--
(A) in paragraph (1), by inserting ``or placement on
non-duty status'' after ``a removal'';
(B) in paragraph (2)--
(i) by inserting ``(A)'' after ``(2)'';
(ii) in subparagraph (A), as so designated, in
the first sentence--
(I) by striking ``reasons'' and
inserting the following: ``substantive
rationale, including detailed and case-
specific reasons,''; and
(II) by inserting ``(including to
the appropriate congressional
committees)'' after ``Houses of
Congress''; and
(iii) by adding at the end the following:
``(B) If there is an open or completed inquiry into
an Inspector General that relates to the removal or
transfer of the Inspector General under subparagraph
(A), the written communication required under that
subparagraph shall--
``(i) identify each entity that is conducting,
or that conducted, the inquiry; and
``(ii) in the case of a completed inquiry,
contain the findings made during the inquiry.'';
and
(C) by adding at the end the following:
``(3)(A) Subject to the other provisions of this paragraph,
only the head of the applicable designated Federal entity
(referred to in this paragraph as the `covered official') may
place an Inspector General on non-duty status.
``(B) <<NOTE: Deadlines.>> If a covered official places an
Inspector General on non-duty status, the covered official shall
communicate in writing the substantive rationale, including
detailed and case-specific reasons, for the change in status to
both Houses of Congress (including to the appropriate
congressional committees) not later than 15 days before the date
on which the change in status takes effect, except that the
covered official may submit that communication not later than
the date on which the change in status takes effect if--
``(i) <<NOTE: Determination.>> the covered official
has made a determination that the continued presence of
the Inspector General in the workplace poses a threat
described in any of clauses (i) through (iv) of section
6329b(b)(2)(A) of title 5, United States Code; and
``(ii) in the communication, the covered official
includes a report on the determination described in
clause (i), which shall include--
``(I) a specification of which clause of
section 6329b(b)(2)(A) of title 5, United States
Code, the covered official has determined applies
under clause (i) of this subparagraph;
``(II) the substantive rationale, including
detailed and case-specific reasons, for the
determination made under clause (i);
[[Page 136 STAT. 3225]]
``(III) an identification of each entity that
is conducting, or that conducted, any inquiry upon
which the determination under clause (i) was made;
and
``(IV) in the case of an inquiry described in
subclause (III) that is completed, the findings
made during that inquiry.
``(C) <<NOTE: Time period.>> A covered official may not
place an Inspector General on non-duty status during the 30-day
period preceding the date on which the Inspector General is
removed or transferred under paragraph (2)(A) unless the covered
official--
``(i) <<NOTE: Determination.>> has made a
determination that the continued presence of the
Inspector General in the workplace poses a threat
described in any of clauses (i) through (iv) of section
6329b(b)(2)(A) of title 5, United States Code; and
``(ii) not later than the date on which the change
in status takes effect, submits to both Houses of
Congress (including to the appropriate congressional
committees) a written communication that contains the
information required under subparagraph (B), including
the report required under clause (ii) of that
subparagraph.
``(D) Nothing in this paragraph may be construed to limit or
otherwise modify--
``(i) any statutory protection that is afforded to
an Inspector General; or
``(ii) any other action that a covered official may
take under law with respect to an Inspector General.'';
(3) in section 103H(c) of the National Security Act (50
U.S.C. 3033(c))--
(A) in paragraph (4)--
(i) by inserting ``(A)'' after ``(4)'';
(ii) in subparagraph (A), as so designated, in
the second sentence, by striking ``reasons'' and
inserting ``substantive rationale, including
detailed and case-specific reasons,''; and
(iii) by adding at the end the following:
``(B) If there is an open or completed inquiry into the
Inspector General that relates to the removal or transfer of the
Inspector General under subparagraph (A), the written
communication required under that subparagraph shall--
``(i) identify each entity that is conducting, or
that conducted, the inquiry; and
``(ii) in the case of a completed inquiry, contain
the findings made during the inquiry.''; and
(B) by adding at the end the following:
``(5)(A) <<NOTE: President.>> Subject to the other
provisions of this paragraph, only the President may place the
Inspector General on nonduty status.
``(B) <<NOTE: Deadlines. Determinations.>> If the President
places the Inspector General on nonduty status, the President
shall communicate in writing the substantive rationale,
including detailed and case-specific reasons, for the change in
status to the congressional intelligence committees not later
than 15 days before the date on which the change in status takes
effect, except that the President may submit that communication
not later than the date on which the change in status takes
effect if--
[[Page 136 STAT. 3226]]
``(i) the President has made a determination that
the continued presence of the Inspector General in the
workplace poses a threat described in any of clauses (i)
through (iv) of section 6329b(b)(2)(A) of title 5,
United States Code; and
``(ii) <<NOTE: Reports.>> in the communication, the
President includes a report on the determination
described in clause (i), which shall include--
``(I) a specification of which clause of
section 6329b(b)(2)(A) of title 5, United States
Code, the President has determined applies under
clause (i);
``(II) the substantive rationale, including
detailed and case-specific reasons, for the
determination made under clause (i);
``(III) an identification of each entity that
is conducting, or that conducted, any inquiry upon
which the determination under clause (i) was made;
and
``(IV) in the case of an inquiry described in
subclause (III) that is completed, the findings
made during that inquiry.
``(C) <<NOTE: Time period.>> The President may not place
the Inspector General on nonduty status during the 30-day period
preceding the date on which the Inspector General is removed or
transferred under paragraph (4)(A) unless the President--
``(i) <<NOTE: Determination.>> has made a
determination that the continued presence of the
Inspector General in the workplace poses a threat
described in any of clauses (i) through (iv) of section
6329b(b)(2)(A) of title 5, United States Code; and
``(ii) <<NOTE: Reports.>> not later than the date
on which the change in status takes effect, submits to
the congressional intelligence committees a written
communication that contains the information required
under subparagraph (B), including the report required
under clause (ii) of that subparagraph.''; and
(4) in section 17(b) of the Central Intelligence Agency Act
of 1949 (50 U.S.C. 3517(b))--
(A) in paragraph (6)--
(i) by inserting ``(A)'' after ``(6)'';
(ii) in subparagraph (A), as so designated, in
the second sentence, by striking ``reasons'' and
inserting ``substantive rationale, including
detailed and case-specific reasons,''; and
(iii) by adding at the end the following:
``(B) If there is an open or completed inquiry into the
Inspector General that relates to the removal or transfer of the
Inspector General under subparagraph (A), the written
communication required under that subparagraph shall--
``(i) identify each entity that is conducting, or
that conducted, the inquiry; and
``(ii) in the case of a completed inquiry, contain
the findings made during the inquiry.''; and
(B) by adding at the end the following:
``(7)(A) <<NOTE: President.>> Subject to the other
provisions of this paragraph, only the President may place the
Inspector General on nonduty status.
``(B) <<NOTE: Deadlines.>> If the President places the
Inspector General on nonduty status, the President shall
communicate in writing
[[Page 136 STAT. 3227]]
the substantive rationale, including detailed and case-specific
reasons, for the change in status to the congressional
intelligence committees not later than 15 days before the date
on which the change in status takes effect, except that the
President may submit that communication not later than the date
on which the change in status takes effect if--
``(i) the President has made a determination that
the continued presence of the Inspector General in the
workplace poses a threat described in any of clauses (i)
through (iv) of section 6329b(b)(2)(A) of title 5,
United States Code; and
``(ii) <<NOTE: Reports.>> in the communication, the
President includes a report on the determination
described in clause (i), which shall include--
``(I) a specification of which clause of
section 6329b(b)(2)(A) of title 5, United States
Code, the President has determined applies under
clause (i);
``(II) the substantive rationale, including
detailed and case-specific reasons, for the
determination made under clause (i);
``(III) an identification of each entity that
is conducting, or that conducted, any inquiry upon
which the determination under clause (i) was made;
and
``(IV) in the case of an inquiry described in
subclause (III) that is completed, the findings
made during that inquiry.
``(C) <<NOTE: Time period.>> The President may not place
the Inspector General on non-duty status during the 30-day
period preceding the date on which the Inspector General is
removed or transferred under paragraph (6)(A) unless the
President--
``(i) <<NOTE: Determination.>> has made a
determination that the continued presence of the
Inspector General in the workplace poses a threat
described in any of clauses (i) through (iv) of section
6329b(b)(2)(A) of title 5, United States Code; and
``(ii) <<NOTE: Deadline.>> not later than the date
on which the change in status takes effect, submits to
the congressional intelligence committees a written
communication that contains the information required
under subparagraph (B), including the report required
under clause (ii) of that subparagraph.''.
(b) Technical and Conforming Amendment.--Section 12(3) of the
Inspector General Act of 1978 (5 U.S.C. App.) <<NOTE: 5 USC app. 12.>>
is amended by inserting ``except as otherwise expressly provided,''
before ``the term''.
SEC. 5203. VACANCY IN POSITION OF INSPECTOR GENERAL.
(a) In General.--Section 3 of the Inspector General Act of 1978 (5
U.S.C. App.) <<NOTE: 5 USC app. 3.>> is amended by adding at the end
the following:
``(h)(1) <<NOTE: Definition.>> In this subsection--
``(A) the term `first assistant to the position of Inspector
General' means, with respect to an Office of Inspector General--
``(i) an individual who, as of the day before the
date on which the Inspector General dies, resigns, or
otherwise becomes unable to perform the functions and
duties of that position--
``(I) is serving in a position in that Office;
and
``(II) has been designated in writing by the
Inspector General, through an order of succession
or
[[Page 136 STAT. 3228]]
otherwise, as the first assistant to the position
of Inspector General; or
``(ii) if the Inspector General has not made a
designation described in clause (i)(II)--
``(I) the Principal Deputy Inspector General
of that Office, as of the day before the date on
which the Inspector General dies, resigns, or
otherwise becomes unable to perform the functions
and duties of that position; or
``(II) if there is no Principal Deputy
Inspector General of that Office, the Deputy
Inspector General of that Office, as of the day
before the date on which the Inspector General
dies, resigns, or otherwise becomes unable to
perform the functions and duties of that position;
and
``(B) the term `Inspector General'--
``(i) means an Inspector General who is appointed by
the President, by and with the advice and consent of the
Senate; and
``(ii) includes the Inspector General of an
establishment, the Special Inspector General for the
Troubled Asset Relief Program, and the Special Inspector
General for Pandemic Recovery.
``(2) If an Inspector General dies, resigns, or is otherwise unable
to perform the functions and duties of the position--
``(A) section 3345(a) of title 5, United States Code, and
section 103(e) of the National Security Act of 1947 (50 U.S.C.
3025(e)) shall not apply;
``(B) subject to paragraph (4), the first assistant to the
position of Inspector General shall perform the functions and
duties of the Inspector General temporarily in an acting
capacity subject to the time limitations of section 3346 of
title 5, United States Code; and
``(C) <<NOTE: President.>> notwithstanding subparagraph
(B), and subject to paragraphs (4) and (5), the President (and
only the President) may direct an officer or employee of any
Office of an Inspector General to perform the functions and
duties of the Inspector General temporarily in an acting
capacity subject to the time limitations of section 3346 of
title 5, United States Code, only if--
``(i) <<NOTE: Time periods.>> during the 365-day
period preceding the date of death, resignation, or
beginning of inability to serve of the Inspector
General, the officer or employee served in a position in
an Office of an Inspector General for not less than 90
days, except that--
``(I) the requirement under this clause shall
not apply if the officer is an Inspector General;
and
``(II) for the purposes of this subparagraph,
performing the functions and duties of an
Inspector General temporarily in an acting
capacity does not qualify as service in a position
in an Office of an Inspector General;
``(ii) the rate of pay for the position of the
officer or employee described in clause (i) is equal to
or greater than the minimum rate of pay payable for a
position at GS-15 of the General Schedule;
[[Page 136 STAT. 3229]]
``(iii) the officer or employee has demonstrated
ability in accounting, auditing, financial analysis,
law, management analysis, public administration, or
investigations; and
``(iv) <<NOTE: Deadline.>> not later than 30 days
before the date on which the direction takes effect, the
President communicates in writing to both Houses of
Congress (including to the appropriate congressional
committees) the substantive rationale, including the
detailed and case-specific reasons, for such direction,
including the reason for the direction that someone
other than the individual who is performing the
functions and duties of the Inspector General
temporarily in an acting capacity (as of the date on
which the President issues that direction) perform those
functions and duties temporarily in an acting capacity.
``(3) Notwithstanding section 3345(a) of title 5, United States
Code, and subparagraphs (B) and (C) of paragraph (2), and subject to
paragraph (4), during any period in which an Inspector General is on
non-duty status--
``(A) the first assistant to the position of Inspector
General shall perform the functions and duties of the position
temporarily in an acting capacity subject to the time
limitations of section 3346 of title 5, United States Code; and
``(B) if the first assistant described in subparagraph (A)
dies, resigns, or becomes otherwise unable to perform those
functions and duties, the President (and only the President) may
direct an officer or employee in that Office of Inspector
General to perform those functions and duties temporarily in an
acting capacity, subject to the time limitations of section 3346
of title 5, United States Code, if--
``(i) that direction satisfies the requirements
under clauses (ii), (iii), and (iv) of paragraph (2)(C);
and
``(ii) <<NOTE: Deadline.>> that officer or employee
served in a position in that Office of Inspector General
for not fewer than 90 of the 365 days preceding the date
on which the President makes that direction.
``(4) An individual may perform the functions and duties of an
Inspector General temporarily and in an acting capacity under
subparagraph (B) or (C) of paragraph (2), or under paragraph (3), with
respect to only 1 Inspector General position at any given time.
``(5) <<NOTE: President. Time period.>> If the President makes a
direction under paragraph (2)(C), during the 30-day period preceding the
date on which the direction of the President takes effect, the functions
and duties of the position of the applicable Inspector General shall be
performed by--
``(A) the first assistant to the position of Inspector
General; or
``(B) the individual performing those functions and duties
temporarily in an acting capacity, as of the date on which the
President issues that direction, if that individual is an
individual other than the first assistant to the position of
Inspector General.''.
(b) Amendment to National Security Act.--Section 103H(c) of the
National Security Act (50 U.S.C. 3033(c)), as amended by section 5202,
is further amended by adding at the end the following:
``(6)(A) In this subsection, the term `first assistant to
the position of Inspector General' has the meaning given in
section 3 of the Inspector General Act of 1978 (5 U.S.C. App.).
[[Page 136 STAT. 3230]]
``(B) If the Inspector General dies, resigns, or is
otherwise unable to perform the functions and duties of the
position--
``(i) section 3345(a) of title 5, United States
Code, and section 103(e) of the National Security Act of
1947 (50 U.S.C. 3025(e)) shall not apply;
``(ii) subject to subparagraph (D), the first
assistant to the position of Inspector General shall
perform the functions and duties of the Inspector
General temporarily in an acting capacity subject to the
time limitations of section 3346 of title 5, United
States Code; and
``(iii) notwithstanding clause (ii), and subject to
subparagraphs (D) and (E), the President (and only the
President) may direct an officer or employee of any
Office of an Inspector General to perform the functions
and duties of the Inspector General temporarily in an
acting capacity subject to the time limitations of
section 3346 of title 5, United States Code, only if--
``(I) <<NOTE: Time periods.>> during the 365-
day period preceding the date of death,
resignation, or beginning of inability to serve of
the Inspector General, the officer or employee
served in a position in an Office of an Inspector
General for not less than 90 days, except that--
``(aa) the requirement under this
subclause shall not apply if the officer
is an Inspector General; and
``(bb) for the purposes of this
clause, performing the functions and
duties of an Inspector General
temporarily in an acting capacity does
not qualify as service in a position in
an Office of an Inspector General;
``(II) the rate of pay for the position of the
officer or employee described in subclause (I) is
equal to or greater than the minimum rate of pay
payable for a position at GS-15 of the General
Schedule;
``(III) the officer or employee has
demonstrated ability in accounting, auditing,
financial analysis, law, management analysis,
public administration, or investigations; and
``(IV) <<NOTE: Deadline. President.>> not
later than 30 days before the date on which the
direction takes effect, the President communicates
in writing to the congressional intelligence
committees the substantive rationale, including
the detailed and case-specific reasons, for such
direction, including the reason for the direction
that someone other than the individual who is
performing the functions and duties of the
Inspector General temporarily in an acting
capacity (as of the date on which the President
issues that direction) perform those functions and
duties temporarily in an acting capacity.
``(C) Notwithstanding section 3345(a) of title 5, United
States Code, section 103(e) of the National Security Act of 1947
(50 U.S.C. 3025(e)), and clauses (ii) and (iii) of subparagraph
(B), and subject to subparagraph (D), during any period in which
the Inspector General is on nonduty status--
``(i) the first assistant to the position of
Inspector General shall perform the functions and duties
of the position
[[Page 136 STAT. 3231]]
temporarily in an acting capacity subject to the time
limitations of section 3346 of title 5, United States
Code; and
``(ii) if the first assistant described in clause
(i) dies, resigns, or becomes otherwise unable to
perform those functions and duties, the President (and
only the President) may direct an officer or employee in
the Office of Inspector General to perform those
functions and duties temporarily in an acting capacity,
subject to the time limitations of section 3346 of title
5, United States Code, if--
``(I) that direction satisfies the
requirements under subclauses (II), (III), and
(IV) of subparagraph (B)(iii); and
``(II) <<NOTE: Time period.>> that officer or
employee served in a position in that Office of
Inspector General for not fewer than 90 of the 365
days preceding the date on which the President
makes that direction.
``(D) An individual may perform the functions and duties of
the Inspector General temporarily and in an acting capacity
under clause (ii) or (iii) of subparagraph (B), or under
subparagraph (C), with respect to only 1 Inspector General
position at any given time.
``(E) <<NOTE: President. Time period.>> If the President
makes a direction under subparagraph (B)(iii), during the 30-day
period preceding the date on which the direction of the
President takes effect, the functions and duties of the position
of the Inspector General shall be performed by--
``(i) the first assistant to the position of
Inspector General; or
``(ii) the individual performing those functions and
duties temporarily in an acting capacity, as of the date
on which the President issues that direction, if that
individual is an individual other than the first
assistant to the position of Inspector General.''.
(c) Amendment to Central Intelligence Agency Act.--Section 17(b) of
the Central Intelligence Agency Act of 1949 (50 U.S.C. 3517(b)), as
amended by section 5202, is further amended by adding at the end the
following:
``(8)(A) In this subsection, the term `first assistant to
the position of Inspector General' has the meaning given in
section 3 of the Inspector General Act of 1978 (5 U.S.C. App.).
``(B) If the Inspector General dies, resigns, or is
otherwise unable to perform the functions and duties of the
position--
``(i) section 3345(a) of title 5, United States Code
shall not apply;
``(ii) subject to subparagraph (D), the first
assistant to the position of Inspector General shall
perform the functions and duties of the Inspector
General temporarily in an acting capacity subject to the
time limitations of section 3346 of title 5, United
States Code; and
``(iii) notwithstanding clause (ii), and subject to
subparagraphs (D) and (E), the President (and only the
President) may direct an officer or employee of any
Office of an Inspector General to perform the functions
and duties of the Inspector General temporarily in an
acting capacity subject to the time limitations of
section 3346 of title 5, United States Code, only if--
[[Page 136 STAT. 3232]]
``(I) <<NOTE: Time periods.>> during the 365-
day period preceding the date of death,
resignation, or beginning of inability to serve of
the Inspector General, the officer or employee
served in a position in an Office of an Inspector
General for not less than 90 days, except that--
``(aa) the requirement under this
subclause shall not apply if the officer
is an Inspector General; and
``(bb) for the purposes of this
clause, performing the functions and
duties of an Inspector General
temporarily in an acting capacity does
not qualify as service in a position in
an Office of an Inspector General;
``(II) the rate of pay for the position of the
officer or employee described in subclause (I) is
equal to or greater than the minimum rate of pay
payable for a position at GS-15 of the General
Schedule;
``(III) the officer or employee has
demonstrated ability in accounting, auditing,
financial analysis, law, management analysis,
public administration, or investigations; and
``(IV) <<NOTE: Deadline. President.>> not
later than 30 days before the date on which the
direction takes effect, the President communicates
in writing to the congressional intelligence
committees the substantive rationale, including
the detailed and case-specific reasons, for such
direction, including the reason for the direction
that someone other than the individual who is
performing the functions and duties of the
Inspector General temporarily in an acting
capacity (as of the date on which the President
issues that direction) perform those functions and
duties temporarily in an acting capacity.
``(C) Notwithstanding section 3345(a) of title 5, United
States Code and clauses (ii) and (iii) of subparagraph (B), and
subject to subparagraph (D), during any period in which the
Inspector General is on nonduty status--
``(i) the first assistant to the position of
Inspector General shall perform the functions and duties
of the position temporarily in an acting capacity
subject to the time limitations of section 3346 of title
5, United States Code; and
``(ii) <<NOTE: President.>> if the first assistant
described in clause (i) dies, resigns, or becomes
otherwise unable to perform those functions and duties,
the President (and only the President) may direct an
officer or employee in the Office of Inspector General
to perform those functions and duties temporarily in an
acting capacity, subject to the time limitations of
section 3346 of title 5, United States Code, if--
``(I) that direction satisfies the
requirements under subclauses (II), (III), and
(IV) of subparagraph (B)(iii); and
``(II) <<NOTE: Time period.>> that officer or
employee served in a position in that Office of
Inspector General for not fewer than 90 of the 365
days preceding the date on which the President
makes that direction.
``(D) An individual may perform the functions and duties of
the Inspector General temporarily and in an acting capacity
[[Page 136 STAT. 3233]]
under clause (ii) or (iii) of subparagraph (B), or under
subparagraph (C), with respect to only 1 Inspector General
position at any given time.
``(E) <<NOTE: President. Time period.>> If the President
makes a direction under subparagraph (B)(iii), during the 30-day
period preceding the date on which the direction of the
President takes effect, the functions and duties of the position
of the Inspector General shall be performed by--
``(i) the first assistant to the position of
Inspector General; or
``(ii) the individual performing those functions and
duties temporarily in an acting capacity, as of the date
on which the President issues that direction, if that
individual is an individual other than the first
assistant to the position of Inspector General.''.
(d) <<NOTE: 5 USC app. 3 note.>> Rule of Construction.--Nothing in
the amendment made by subsection (a) may be construed to limit the
applicability of sections 3345 through 3349d of title 5, United States
Code (commonly known as the ``Federal Vacancies Reform Act of 1998''),
other than with respect to section 3345(a) of that title.
(e) <<NOTE: 5 USC app. 3 note.>> Effective Date.--
(1) Definition.--In this subsection, the term ``Inspector
General'' has the meaning given the term in subsection (h)(1)(B)
of section 3 of the Inspector General Act of 1978 (5 U.S.C.
App.), as added by subsection (a) of this section.
(2) Applicability.--
(A) In general.--Except as provided in subparagraph
(B), this section, and the amendments made by this
section, shall take effect on the date of enactment of
this Act.
(B) Existing vacancies.--If, as of the date of
enactment of this Act, an individual is performing the
functions and duties of an Inspector General temporarily
in an acting capacity, this section, and the amendments
made by this section, shall take effect with respect to
that Inspector General position on the date that is 30
days after the date of enactment of this Act.
SEC. 5204. OFFICE OF INSPECTOR GENERAL WHISTLEBLOWER COMPLAINTS.
(a) Whistleblower Protection Coordinator.--Section 3(d)(1)(C) of the
Inspector General Act of 1978 <<NOTE: 5 USC app. 3.>> (5 U.S.C. App.)
is amended--
(1) in clause (i), in the matter preceding subclause (I), by
inserting ``, including employees of that Office of Inspector
General'' after ``employees''; and
(2) in clause (iii), by inserting ``(including the Integrity
Committee of that Council)'' after ``and Efficiency''.
(b) Council of the Inspectors General on Integrity and Efficiency.--
Section 11(c)(5)(B) of the Inspector General Act of 1978 (5 U.S.C.
App.) <<NOTE: 5 USC app. 11.>> is amended by striking ``, allegations
of reprisal,'' and inserting the following: ``and allegations of
reprisal (including the timely and appropriate handling and
consideration of protected disclosures and allegations of reprisal that
are internal to an Office of Inspector General)''.
[[Page 136 STAT. 3234]]
Subtitle B--Presidential Explanation of Failure to Nominate an Inspector
General
SEC. 5221. PRESIDENTIAL EXPLANATION OF FAILURE TO NOMINATE AN
INSPECTOR GENERAL.
(a) In General.--Subchapter III of chapter 33 of title 5, United
States Code, is amended by inserting after section 3349d the following:
``Sec. 3349e. <<NOTE: 5 USC 3349e.>> Presidential explanation of
failure to nominate an inspector general
``If <<NOTE: Time period. Deadlines.>> the President fails to make
a formal nomination for a vacant inspector general position that
requires a formal nomination by the President to be filled within the
period beginning on the later of the date on which the vacancy occurred
or on which a nomination is rejected, withdrawn, or returned, and ending
on the day that is 210 days after that date, the President shall
communicate, within 30 days after the end of such period and not later
than June 1 of each year thereafter, to the appropriate congressional
committees, as defined in section 12 of the Inspector General Act of
1978 (5 U.S.C. App.)--
``(1) the reasons why the President has not yet made a
formal nomination; and
``(2) a target date for making a formal nomination.''.
(b) Technical and Conforming Amendment.--The table of sections for
subchapter III of chapter 33 of title 5, United States Code, <<NOTE: 5
USC prec. 3301.>> is amended by inserting after the item relating to
section 3349d the following:
``3349e. Presidential explanation of failure to nominate an Inspector
General.''.
(c) <<NOTE: 5 USC 3349e note.>> Effective Date.--The amendment made
by subsection (a) shall take effect--
(1) on the date of enactment of this Act with respect to any
vacancy first occurring on or after that date; and
(2) on the day that is 210 days after the date of enactment
of this Act with respect to any vacancy that occurred before the
date of enactment of this Act.
Subtitle C-- <<NOTE: Integrity Committee Transparency Act of
2022.>> Integrity Committee of the Council of Inspectors General on
Integrity and Efficiency Transparency
SEC. 5231. <<NOTE: 5 USC app. 1 note.>> SHORT TITLE.
This subtitle may be cited as the ``Integrity Committee Transparency
Act of 2022''.
SEC. 5232. ADDITIONAL INFORMATION TO BE INCLUDED IN REQUESTS AND
REPORTS TO CONGRESS.
Section 11(d) of the Inspector General Act of 1978 (5 U.S.C. App.)
is amended--
(1) in paragraph (5)(B)(ii), by striking the period at the
end and inserting ``, the length of time the Integrity Committee
has been evaluating the allegation of wrongdoing, and a
description of any previous written notice provided under this
clause
[[Page 136 STAT. 3235]]
with respect to the allegation of wrongdoing, including the
description provided for why additional time was needed.''; and
(2) in paragraph (8)(A)(ii), by inserting ``or corrective
action'' after ``disciplinary action''.
SEC. 5233. AVAILABILITY OF INFORMATION TO CONGRESS ON CERTAIN
ALLEGATIONS OF WRONGDOING CLOSED WITHOUT
REFERRAL.
Section 11(d)(5)(B) of the Inspector General Act of 1978 (5 U.S.C.
App.) <<NOTE: 5 USC app. 11.>> is amended by adding at the end the
following:
``(iii) Availability of information to
congress on certain allegations of wrongdoing
closed without referral.--With respect to an
allegation of wrongdoing made by a member of
Congress that is closed by the Integrity Committee
without referral to the Chairperson of the
Integrity Committee to initiate an investigation,
the Chairperson of the Integrity Committee shall,
not later than 60 days after closing the
allegation of wrongdoing, provide a written
description of the nature of the allegation of
wrongdoing and how the Integrity Committee
evaluated the allegation of wrongdoing to--
``(I) the Chair and Ranking Minority
Member of the Committee on Homeland
Security and Governmental Affairs of the
Senate; and
``(II) the Chair and Ranking
Minority Member of the Committee on
Oversight and Reform of the House of
Representatives.''.
SEC. 5234. SEMIANNUAL REPORT.
Section 11(d)(9) of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended to read as follows:
``(9) <<NOTE: Time period.>> Semiannual report.--On or
before May 31, 2023, and every 6 months thereafter, the Council
shall submit to Congress and the President a report on the
activities of the Integrity Committee during the immediately
preceding 6-month periods ending March 31 and September 30,
which shall include the following with respect to allegations of
wrongdoing that are made against Inspectors General and staff
members of the various Offices of Inspector General described in
paragraph (4)(C):
``(A) <<NOTE: Analyses.>> An overview and analysis
of the allegations of wrongdoing disposed of by the
Integrity Committee, including--
``(i) analysis of the positions held by
individuals against whom allegations were made,
including the duties affiliated with such
positions;
``(ii) analysis of the categories or types of
the allegations of wrongdoing; and
``(iii) a summary of disposition of all the
allegations.
``(B) The number of allegations received by the
Integrity Committee.
``(C) The number of allegations referred to the
Department of Justice or the Office of Special Counsel,
including the number of allegations referred for
criminal investigation.
[[Page 136 STAT. 3236]]
``(D) <<NOTE: Summary.>> The number of allegations
referred to the Chairperson of the Integrity Committee
for investigation, a general description of the status
of such investigations, and a summary of the findings of
investigations completed.
``(E) <<NOTE: Analyses.>> An overview and analysis
of allegations of wrongdoing received by the Integrity
Committee during any previous reporting period, but
remained pending during some part of the six months
covered by the report, including--
``(i) analysis of the positions held by
individuals against whom allegations were made,
including the duties affiliated with such
positions;
``(ii) analysis of the categories or types of
the allegations of wrongdoing; and
``(iii) a summary of disposition of all the
allegations.
``(F) The number and category or type of pending
investigations.
``(G) For each allegation received--
``(i) the date on which the investigation was
opened;
``(ii) the date on which the allegation was
disposed of, as applicable; and
``(iii) the case number associated with the
allegation.
``(H) The nature and number of allegations to the
Integrity Committee closed without referral, including
the justification for why each allegation was closed
without referral.
``(I) A brief description of any difficulty
encountered by the Integrity Committee when receiving,
evaluating, investigating, or referring for
investigation an allegation received by the Integrity
Committee, including a brief description of--
``(i) any attempt to prevent or hinder an
investigation; or
``(ii) concerns about the integrity or
operations at an Office of Inspector General.
``(J) Other matters that the Council considers
appropriate.''.
SEC. 5235. ADDITIONAL REPORTS.
Section 5 of the Inspector General Act of 1978 <<NOTE: 5 USC app.
5.>> (5 U.S.C. App.) is amended--
(1) by redesignating subsections (e) and (f) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (d) the following:
``(e) Additional Reports.--
``(1) Report to inspector general.--The Chairperson of the
Integrity Committee of the Council of the Inspectors General on
Integrity and Efficiency shall, immediately whenever the
Chairperson of the Integrity Committee becomes aware of
particularly serious or flagrant problems, abuses, or
deficiencies relating to the administration of programs and
operations of an Office of Inspector General for which the
Integrity Committee may receive, review, and refer for
investigation allegations of wrongdoing under section 11(d),
submit a report to the Inspector General who leads the Office at
which the
[[Page 136 STAT. 3237]]
serious or flagrant problems, abuses, or deficiencies were
alleged.
``(2) Report to president, congress, and the
establishment.--Not later than 7 days after the date on which an
Inspector General receives a report submitted under paragraph
(1), the Inspector General shall submit to the President, the
appropriate congressional committees, and the head of the
establishment--
``(A) the report received under paragraph (1); and
``(B) a report by the Inspector General containing
any comments the Inspector General determines
appropriate.''.
SEC. 5236. REQUIREMENT TO REPORT FINAL DISPOSITION TO CONGRESS.
Section 11(d)(8)(B) of the Inspector General Act of 1978 <<NOTE: 5
USC app. 11.>> (5 U.S.C. App.) is amended by inserting ``and the
appropriate congressional committees'' after ``Integrity Committee''.
SEC. 5237. INVESTIGATIONS OF OFFICES OF INSPECTOR GENERAL OF
ESTABLISHMENTS BY THE INTEGRITY
COMMITTEE.
Section 11(d)(7)(B)(i)(V) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by inserting ``, and that an investigation of an
Office of Inspector General of an establishment is conducted by another
Office of Inspector General of an establishment'' after ``size''.
Subtitle D--Notice of Ongoing Investigations When There Is a Change in
Status of Inspector General
SEC. 5241. NOTICE OF ONGOING INVESTIGATIONS WHEN THERE IS A CHANGE
IN STATUS OF INSPECTOR GENERAL.
Section 5 of the Inspector General Act of 1978 <<NOTE: 5 USC app.
5.>> (5 U.S.C. App.) is amended by inserting after subsection (e), as
added by section 5625 of this title, the following:
``(f)(1) <<NOTE: Deadline.>> Except as provided in paragraph (2),
not later than 15 days after an Inspector General is removed, placed on
paid or unpaid nonduty status, or transferred to another position or
location within an establishment, the officer or employee performing the
functions and duties of the Inspector General temporarily in an acting
capacity shall submit to the appropriate congressional committees
information regarding work being conducted by the Office as of the date
on which the Inspector General was removed, placed on paid or unpaid
non-duty status, or transferred, which shall include--
``(A) for each investigation--
``(i) the type of alleged offense;
``(ii) the fiscal quarter in which the Office
initiated the investigation;
``(iii) the relevant Federal agency, including the
relevant component of that Federal agency for any
Federal agency listed in section 901(b) of title 31,
United States Code, under investigation or affiliated
with the individual or entity under investigation; and
[[Page 136 STAT. 3238]]
``(iv) whether the investigation is administrative,
civil, criminal, or a combination thereof, if known; and
``(B) for any work not described in subparagraph (A)--
``(i) a description of the subject matter and scope;
``(ii) the relevant agency, including the relevant
component of that Federal agency, under review;
``(iii) the date on which the Office initiated the
work; and
``(iv) the expected time frame for completion.
``(2) With respect to an inspector general of an element of the
intelligence community specified in section 8G(d)(2) of the Inspector
General Act of 1978 (5 U.S.C. App.), the submission required by
paragraph (1) shall only be made to the committees of Congress specified
in section 8G(d)(2)(E).''.
Subtitle E--Council of the Inspectors General on Integrity and
Efficiency Report on Expenditures
SEC. 5251. CIGIE REPORT ON EXPENDITURES.
Section 11(c)(3) of the Inspector General Act of 1978 <<NOTE: 5 USC
app. 11.>> (5 U.S.C. App.) is amended by adding at the end the
following:
``(D) Report on expenditures.--Not later than
November 30 of each year, the Chairperson shall submit
to the appropriate committees or subcommittees of
Congress, including the Committee on Appropriations of
the Senate and the Committee on Appropriations of the
House of Representatives, a report on the expenditures
of the Council for the preceding fiscal year, including
from direct appropriations to the Council, interagency
funding pursuant to subparagraph (A), a revolving fund
pursuant to subparagraph (B), or any other source.''.
Subtitle F--Notice of Refusal to Provide Inspectors General Access
SEC. 5261. NOTICE OF REFUSAL TO PROVIDE INFORMATION OR ASSISTANCE
TO INSPECTORS GENERAL.
Section 6(c) of the Inspector General Act of 1978 <<NOTE: 5 USC app.
6.>> (5 U.S.C. App.) is amended by adding at the end the following:
``(3) <<NOTE: Deadline.>> If the information or assistance
that is the subject of a report under paragraph (2) is not
provided to the Inspector General by the date that is 30 days
after the report is made, the Inspector General shall submit a
notice that the information or assistance requested has not been
provided by the head of the establishment involved or the head
of the Federal agency involved, as applicable, to the
appropriate congressional committees.''.
[[Page 136 STAT. 3239]]
Subtitle G--Training Resources for Inspectors General and Other Matters
SEC. 5271. TRAINING RESOURCES FOR INSPECTORS GENERAL.
Section 11(c)(1) of the Inspector General Act of 1978 <<NOTE: 5 USC
app. 11.>> (5 U.S.C. App.) is amended--
(1) by redesignating subparagraphs (E) through (I) as
subparagraphs (F) through (J), respectively; and
(2) by inserting after subparagraph (D) the following:
``(E) support the professional development of
Inspectors General, including by providing training
opportunities on the duties, responsibilities, and
authorities under this Act and on topics relevant to
Inspectors General and the work of Inspectors General,
as identified by Inspectors General and the Council.''.
SEC. 5272. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.
The Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) <<NOTE: 5 USC app. 5.>> in section 5--
(A) in subsection (b), in the matter preceding
paragraph (1), by striking ``committees or subcommittees
of the Congress'' and inserting ``congressional
committees''; and
(B) in subsection (d), by striking ``committees or
subcommittees of Congress'' and inserting
``congressional committees'';
(2) in section <<NOTE: 5 USC app. 6.>> 6(h)(4)--
(A) in subparagraph (B), by striking ``Government'';
and
(B) by amending subparagraph (C) to read as follows:
``(C) Any other relevant congressional committee or
subcommittee of jurisdiction.'';
(3) in <<NOTE: 5 USC app. 8.>> section 8--
(A) in subsection (b)--
(i) in paragraph (3), by striking ``the
Committees on Armed Services and Governmental
Affairs of the Senate and the Committee on Armed
Services and the Committee on Government Reform
and Oversight of the House of Representatives and
to other appropriate committees or subcommittees
of the Congress'' and inserting ``the appropriate
congressional committees, including the Committee
on Armed Services of the Senate and the Committee
on Armed Services of the House of
Representatives''; and
(ii) in paragraph (4), by striking ``and to
other appropriate committees or subcommittees'';
and
(B) in subsection (f)--
(i) in paragraph (1), by striking ``the
Committees on Armed Services and on Homeland
Security and Governmental Affairs of the Senate
and the Committees on Armed Services and on
Oversight and Government Reform of the House of
Representatives and to other appropriate
committees or subcommittees of Congress'' and
inserting ``the appropriate congressional
[[Page 136 STAT. 3240]]
committees, including the Committee on Armed
Services of the Senate and the Committee on Armed
Services of the House of Representatives''; and
(ii) in paragraph (2), by striking
``committees or subcommittees of the Congress''
and inserting ``congressional committees'';
(4) in section <<NOTE: 5 USC app. 8D.>> 8D--
(A) in subsection (a)(3), by striking ``Committees
on Governmental Affairs and Finance of the Senate and
the Committees on Government Operations and Ways and
Means of the House of Representatives, and to other
appropriate committees or subcommittees of the
Congress'' and inserting ``appropriate congressional
committees, including the Committee on Finance of the
Senate and the Committee on Ways and Means of the House
of Representatives''; and
(B) in subsection (g)--
(i) in paragraph (1)--
(I) by striking ``committees or
subcommittees of the Congress'' and
inserting ``congressional committees'';
and
(II) by striking ``Committees on
Governmental Affairs and Finance of the
Senate and the Committees on Government
Reform and Oversight and Ways and Means
of the House of Representatives'' and
inserting ``Committee on Finance of the
Senate and the Committee on Ways and
Means of the House of Representatives'';
and
(ii) in paragraph (2), by striking
``committees or subcommittees of Congress'' and
inserting ``congressional committees'';
(5) in <<NOTE: 5 USC app. 8E.>> section 8E--
(A) in subsection (a)(3), by striking ``Committees
on Governmental Affairs and Judiciary of the Senate and
the Committees on Government Operations and Judiciary of
the House of Representatives, and to other appropriate
committees or subcommittees of the Congress'' and
inserting ``appropriate congressional committees,
including the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives''; and
(B) in subsection (c)--
(i) by striking ``committees or subcommittees
of the Congress'' and inserting ``congressional
committees''; and
(ii) by striking ``Committees on the Judiciary
and Governmental Affairs of the Senate and the
Committees on the Judiciary and Government
Operations of the House of Representatives'' and
inserting ``Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the
House of Representatives'';
(6) in section <<NOTE: 5 USC app. 8G.>> 8G(f)(3)--
(A) in subparagraph (A)(iii), by striking
``Committee on Governmental Affairs of the Senate and
the Committee on Government Reform and Oversight of the
House of Representatives, and to other appropriate
committees or
[[Page 136 STAT. 3241]]
subcommittees of the Congress'' and inserting ``the
appropriate congressional committees''; and
(B) by striking subparagraph (C);
(7) in section <<NOTE: 5 USC app. 8I.>> 8I--
(A) in subsection (a)(3), in the matter preceding
subparagraph (A), by striking ``committees and
subcommittees of Congress'' and inserting
``congressional committees''; and
(B) in subsection (d), by striking ``committees and
subcommittees of Congress'' each place it appears and
inserting ``congressional committees'';
(8) in section 8N(b), <<NOTE: 5 USC app. 8N.>> by striking
``committees of Congress'' and inserting ``congressional
committees'';
(9) in section <<NOTE: 5 USC app. 11.>> 11--
(A) in subsection (b)(3)(B)(viii)--
(i) by striking subclauses (III) and (IV);
(ii) in subclause (I), by adding ``and'' at
the end; and
(iii) by amending subclause (II) to read as
follows:
``(II) the appropriate congressional
committees.''; and
(B) in subsection (d)(8)(A)(iii), by striking ``to
the'' and all that follows through ``jurisdiction'' and
inserting ``to the appropriate congressional
committees''; and
(10) in section <<NOTE: 5 USC app. 12.>> 12--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) in paragraph (5), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(6) the term `appropriate congressional committees'
means--
``(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
``(B) the Committee on Oversight and Reform of the
House of Representatives; and
``(C) any other relevant congressional committee or
subcommittee of jurisdiction.''.
SEC. 5273. SEMIANNUAL REPORTS.
The Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) in section <<NOTE: 5 USC app. 4.>> 4(a)(2)--
(A) by inserting ``, including'' after ``to make
recommendations''; and
(B) by inserting a comma after ``section 5(a)'';
(2) in section <<NOTE: 5 USC app. 5.>> 5--
(A) in subsection (a)--
(i) by striking paragraphs (1) through (12)
and inserting the following:
``(1) a description of significant problems, abuses, and
deficiencies relating to the administration of programs and
operations of the establishment and associated reports and
recommendations for corrective action made by the Office;
``(2) <<NOTE: Recommenda- tion.>> an identification of each
recommendation made before the reporting period, for which
corrective action has not been completed, including the
potential costs savings associated with the recommendation;
[[Page 136 STAT. 3242]]
``(3) <<NOTE: Summary.>> a summary of significant
investigations closed during the reporting period;
``(4) an identification of the total number of convictions
during the reporting period resulting from investigations;
``(5) information regarding each audit, inspection, or
evaluation report issued during the reporting period,
including--
``(A) <<NOTE: List.>> a listing of each audit,
inspection, or evaluation;
``(B) if applicable, the total dollar value of
questioned costs (including a separate category for the
dollar value of unsupported costs) and the dollar value
of recommendations that funds be put to better use,
including whether a management decision had been made by
the end of the reporting period;
``(6) information regarding any management decision made
during the reporting period with respect to any audit,
inspection, or evaluation issued during a previous reporting
period;'';
(ii) by redesignating paragraphs (13) through
(22) as paragraphs (7) through (16), respectively;
(iii) by amending paragraph (13), as so
redesignated, to read as follows:
``(13) a report on each investigation conducted by the
Office where allegations of misconduct were substantiated
involving a senior Government employee or senior official (as
defined by the Office) if the establishment does not have senior
Government employees, which shall include--
``(A) the name of the senior Government employee, if
already made public by the Office; and
``(B) a detailed description of--
``(i) the facts and circumstances of the
investigation; and
``(ii) the status and disposition of the
matter, including--
``(I) if the matter was referred to
the Department of Justice, the date of
the referral; and
``(II) if the Department of Justice
declined the referral, the date of the
declination;''; and
(iv) by amending paragraph (15), as so
redesignated, to read as follows:
``(15) information related to interference by the
establishment, including--
``(A) a detailed description of any attempt by the
establishment to interfere with the independence of the
Office, including--
``(i) with budget constraints designed to
limit the capabilities of the Office; and
``(ii) incidents where the establishment has
resisted or objected to oversight activities of
the Office or restricted or significantly delayed
access to information, including the justification
of the establishment for such action; and
``(B) <<NOTE: Summary.>> a summary of each report
made to the head of the establishment under section
6(c)(2) during the reporting period;''; and
(B) in subsection (b)--
(i) by striking paragraphs (2) and (3) and
inserting the following:
[[Page 136 STAT. 3243]]
``(2) where final action on audit, inspection, and
evaluation reports had not been taken before the commencement of
the reporting period, statistical tables showing--
``(A) with respect to management decisions--
``(i) for each report, whether a management
decision was made during the reporting period;
``(ii) if a management decision was made
during the reporting period, the dollar value of
disallowed costs and funds to be put to better use
as agreed to in the management decision; and
``(iii) total number of reports where a
management decision was made during the reporting
period and the total corresponding dollar value of
disallowed costs and funds to be put to better use
as agreed to in the management decision; and
``(B) with respect to final actions--
``(i) whether, if a management decision was
made before the end of the reporting period, final
action was taken during the reporting period;
``(ii) if final action was taken, the dollar
value of--
``(I) disallowed costs that were
recovered by management through
collection, offset, property in lieu of
cash, or otherwise;
``(II) disallowed costs that were
written off by management;
``(III) disallowed costs and funds
to be put to better use not yet
recovered or written off by management;
``(IV) recommendations that were
completed; and
``(V) recommendations that
management has subsequently concluded
should not or could not be implemented
or completed; and
``(iii) total number of reports where final
action was not taken and total number of reports
where final action was taken, including the total
corresponding dollar value of disallowed costs and
funds to be put to better use as agreed to in the
management decisions;'';
(ii) by redesignating paragraph (4) as
paragraph (3);
(iii) in paragraph (3), as so redesignated, by
striking ``subsection (a)(20)(A)'' and inserting
``subsection (a)(14)(A)''; and
(iv) by striking paragraph (5) and inserting
the following:
``(4) <<NOTE: Statement.>> a statement explaining why final
action has not been taken with respect to each audit,
inspection, and evaluation report in which a management decision
has been made but final action has not yet been taken, except
that such statement--
``(A) may exclude reports if--
``(i) a management decision was made within
the preceding year; or
[[Page 136 STAT. 3244]]
``(ii) the report is under formal
administrative or judicial appeal or management of
the establishment has agreed to pursue a
legislative solution; and
``(B) shall identify the number of reports in each
category so excluded.'';
(C) by redesignating subsection (h), as so
redesignated by section 5625 of this title, as
subsection (i); and
(D) by inserting after subsection (g), as so
redesignated by section 5625 of this title, the
following:
``(h) If an Office has published any portion of the report or
information required under subsection (a) to the website of the Office
or on oversight.gov, the Office may elect to provide links to the
relevant webpage or website in the report of the Office under subsection
(a) in lieu of including the information in that report.''.
SEC. 5274. SUBMISSION OF REPORTS THAT SPECIFICALLY IDENTIFY NON-
GOVERNMENTAL ORGANIZATIONS OR BUSINESS
ENTITIES.
(a) In General.--Section 5(g) of the Inspector General Act of 1978
(5 U.S.C. App.), as so redesignated by section 5625 of this title, is
amended by adding at the end the following:
``(6)(A) Except as provided in subparagraph (B), if an
audit, evaluation, inspection, or other non-investigative report
prepared by an Inspector General specifically identifies a
specific non-governmental organization or business entity,
whether or not the non-governmental organization or business
entity is the subject of that audit, evaluation, inspection, or
non-investigative report--
``(i) <<NOTE: Notification.>> the Inspector General
shall notify the non-governmental organization or
business entity;
``(ii) the non-governmental organization or business
entity shall have--
``(I) <<NOTE: Deadline.>> 30 days to review
the audit, evaluation, inspection, or non-
investigative report beginning on the date of
publication of the audit, evaluation, inspection,
or non-investigative report; and
``(II) the opportunity to submit a written
response for the purpose of clarifying or
providing additional context as it directly
relates to each instance wherein an audit,
evaluation, inspection, or non-investigative
report specifically identifies that non-
governmental organization or business entity; and
``(iii) if a written response is submitted under
clause (ii)(II) within the 30-day period described in
clause (ii)(I)--
``(I) the written response shall be attached
to the audit, evaluation, inspection, or non-
investigative report; and
``(II) <<NOTE: Updates.>> in every instance
where the report may appear on the public-facing
website of the Inspector General, the website
shall be updated in order to access a version of
the audit, evaluation, inspection, or non-
investigative report that includes the written
response.
``(B) Subparagraph (A) shall not apply with respect to a
non-governmental organization or business entity that refused to
provide information or assistance sought by an Inspector
[[Page 136 STAT. 3245]]
General during the creation of the audit, evaluation,
inspection, or non-investigative report.
``(C) <<NOTE: Review.>> An Inspector General shall review
any written response received under subparagraph (A) for the
purpose of preventing the improper disclosure of classified
information or other non-public information, consistent with
applicable laws, rules, and regulations, and, if necessary,
redact such information.''.
(b) <<NOTE: 5 USC app. 5 note.>> Retroactive Applicability.--During
the 30-day period beginning on the date of enactment of this Act--
(1) the amendment made by subsection (a) shall apply upon
the request of a non-governmental organization or business
entity named in an audit, evaluation, inspection, or other non-
investigative report prepared on or after January 1, 2019; and
(2) any written response submitted under clause (iii) of
section 5(g)(6)(A) of the Inspector General Act of 1978 (5
U.S.C. App.), as added by subsection (a), with respect to such
an audit, evaluation, inspection, or other non-investigative
report shall attach to the original report in the manner
described in that clause.
SEC. 5275. REVIEW RELATING TO VETTING, PROCESSING, AND
RESETTLEMENT OF EVACUEES FROM
AFGHANISTAN AND THE AFGHANISTAN SPECIAL
IMMIGRANT VISA PROGRAM.
(a) In General.--In accordance with the Inspector General Act of
1978 (5 U.S.C. App.), the Inspector General of the Department of
Homeland Security, jointly with the Inspector General of the Department
of State, and in coordination with the Inspector General of the
Department of Defense and any appropriate Inspector General established
by that Act or section 103H of the National Security Act of 1947 (50
U.S.C. 3033), shall conduct a thorough review of efforts to support and
process evacuees from Afghanistan and the Afghanistan special immigrant
visa program.
(b) <<NOTE: Assessments.>> Elements.--The review required by
subsection (a) shall include an assessment of the systems, staffing,
policies, and programs used--
(1) <<NOTE: Analyses.>> to screen and vet such evacuees,
including--
(A) an assessment of whether personnel conducting
such screening and vetting were appropriately authorized
and provided with training, including training in the
detection of fraudulent personal identification
documents;
(B) an analysis of the degree to which such
screening and vetting deviated from United States law,
regulations, policy, and best practices relating to the
screening and vetting of parolees, refugees, and
applicants for United States visas that have been in use
at any time since January 1, 2016, particularly for
individuals from countries containing any active
terrorist organizations; and
(C) an identification of any risk to the national
security of the United States posed by any such
deviations;
(D) an analysis of the processes used for evacuees
traveling without personal identification records,
including the creation or provision of any new
identification records to such evacuees; and
(E) an analysis of the degree to which such
screening and vetting process was capable of detecting--
[[Page 136 STAT. 3246]]
(i) instances of human trafficking and
domestic abuse;
(ii) evacuees who are unaccompanied minors;
and
(iii) evacuees with a spouse who is a minor;
(2) to admit and process such evacuees at United States
ports of entry;
(3) to temporarily house such evacuees prior to
resettlement;
(4) to account for the total number of individuals evacuated
from Afghanistan in 2021 with support of the United States
Government, disaggregated by--
(A) country of origin;
(B) citizenship, only if different from country of
origin;
(C) age;
(D) gender;
(E) the number of individuals who were holders of a
special immigrant visa issued pursuant to the Afghan
Allies Protection Act of 2009 (8 U.S.C. 1101 note;
Public Law 111-8) or section 1059 of the National
Defense Authorization Act for Fiscal Year 2006 (8 U.S.C.
1101 note; Public Law 109-163) at the time of
evacuation;
(F) the number of individuals who were applicants
for a special immigrant visas pursuant to the Afghan
Allies Protection Act of 2009 (8 U.S.C. 1101 note;
Public Law 111-8) or section 1059 of the National
Defense Authorization Act for Fiscal Year 2006 (8 U.S.C.
1101 note; Public Law 109-163) at the time of
evacuation;
(G) the number who were in possession of a valid
nonimmigrant visa to enter the United States at the time
of evacuation; and
(H) familial relationship to individuals described
in subparagraphs (E) through (G).
(c) Interim Reporting.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Inspector General of the
Department of Homeland Security and the Inspector General of the
Department of State shall submit to the appropriate
congressional committees not fewer than one interim report on
the review conducted under this section.
(2) Form.--Any report submitted under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(3) Definitions.--In this subsection:
(A) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(i) the Committee on Homeland Security and
Governmental Affairs, the Committee on Armed
Services, the Committee on Foreign Relations, the
Select Committee on Intelligence, and the
Committee on the Judiciary of the Senate; and
(ii) the Committee on Oversight and Reform,
the Committee on Armed Services, the Committee on
Foreign Affairs, the Permanent Select Committee on
Intelligence, and the Committee on the Judiciary
of the House of Representatives.
[[Page 136 STAT. 3247]]
(B) Screen; screening.--The terms ``screen'' and
``screening'', with respect to an evacuee, mean the
process by which a Federal official determines--
(i) the identity of the evacuee;
(ii) whether the evacuee has a valid
identification documentation; and
(iii) whether any database of the United
States Government contains derogatory information
about the evacuee.
(C) Vet; vetting.--The term ``vet'' and ``vetting'',
with respect to an evacuee, means the process by which a
Federal official interviews the evacuee to determine
whether the evacuee is who they purport to be, including
whether the evacuee poses a national security risk.
(d) Discharge of Responsibilities.--The Inspector General of the
Department of Homeland Security and the Inspector General of the
Department of State shall discharge the responsibilities under this
section in a manner consistent with the authorities and requirements of
the Inspector General Act of 1978 (5 U.S.C. App.) and the authorities
and requirements applicable to the Inspector General of the Department
of Homeland Security and the Inspector General of the Department of
State under that Act.
(e) Coordination.--Upon request of an Inspector General for
information or assistance under subsection (a), the head of any Federal
agency involved shall, insofar as is practicable and not in
contravention of any existing statutory restriction or regulation of the
Federal agency from which the information is requested, furnish to such
Inspector General, or to an authorized designee, such information or
assistance.
(f) Rule of Construction.--Nothing in this section shall be
construed to limit the ability of the Inspector General of the
Department of Homeland Security or the Inspector General of the
Department of State to enter into agreements to conduct joint audits,
inspections, or investigations in the exercise of the oversight
responsibilities of the Inspector General of the Department of Homeland
Security and the Inspector General of the Department of State, in
accordance with the Inspector General Act of 1978 (5 U.S.C. App.), with
respect to oversight of the evacuation from Afghanistan, the selection,
vetting, and processing of applicants for special immigrant visas and
asylum, and any resettlement in the United States of such evacuees.
TITLE LIII--OVERSIGHT AND REFORM MATTERS
Subtitle A--General Provisions
Sec. 5301. Access for Veterans to Records.
Sec. 5302. ONDCP supplemental strategies.
Sec. 5303. Performance Enhancement.
Sec. 5304. Appeals to merit systems protection board relating to FBI
reprisal allegations; salary of Special Counsel.
Sec. 5305. Fairness for Federal firefighters.
Subtitle B--PLUM Act of 2022
Sec. 5321. Short title.
Sec. 5322. Establishment of public website on government policy and
supporting positions.
[[Page 136 STAT. 3248]]
Subtitle A--General Provisions
SEC. 5301. <<NOTE: 44 USC 2902 note.>> ACCESS FOR VETERANS TO
RECORDS.
(a) Plan to Eliminate Records Backlog at the National Personnel
Records Center.--
(1) <<NOTE: Deadline.>> Plan required.--Not later than 60
days after the date of the enactment of this Act, the Archivist
of the United States shall submit to the appropriate
congressional committees a comprehensive plan for reducing the
backlog of requests for records from the National Personnel
Records Center and improving the efficiency and responsiveness
of operations at the National Personnel Records Center, that
includes, at a minimum, the following:
(A) <<NOTE: Estimate.>> An estimate of the number
of backlogged record requests for veterans.
(B) <<NOTE: Timeframes.>> Target timeframes to
reduce the backlog.
(C) A detailed plan for using existing funds to
improve the information technology infrastructure,
including secure access to appropriate agency Federal
records, to prevent future backlogs.
(D) Actions to improve customer service for
requesters.
(E) Measurable goals with respect to the
comprehensive plan and metrics for tracking progress
toward such goals.
(F) Strategies to prevent future record request
backlogs, including backlogs caused by an event that
prevents employees of the Center from reporting to work
in person.
(2) <<NOTE: Deadlines. Time periods.>> Updates.--Not later
than 90 days after the date on which the comprehensive plan is
submitted under paragraph (1), and biannually thereafter until
the response rate by the National Personnel Records Center
reaches 90 percent of all requests in 20 days or less, not
including any request involving a record damaged or lost in the
National Personnel Records Center fire of 1973 or any request
that is subject to a fee that has not been paid in a timely
manner by the requestor (provided the National Personnel Records
Center issues an invoice within 20 days after the date on which
the request is made), the Archivist of the United States shall
submit to the appropriate congressional committees an update of
such plan that--
(A) describes progress made by the National
Personnel Records Center during the preceding 90-day
period with respect to record request backlog reduction
and efficiency and responsiveness improvement;
(B) provides data on progress made toward the goals
identified in the comprehensive plan; and
(C) describes any changes made to the comprehensive
plan.
(3) Consultation requirement.--In carrying out paragraphs
(1) and (2), the Archivist of the United States shall consult
with the Secretary of Veterans Affairs.
(4) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
[[Page 136 STAT. 3249]]
(A) the Committee on Oversight and Reform, the
Committee on Veterans' Affairs, and the Committee on
Appropriations of the House of Representatives; and
(B) the Committee on Homeland Security and
Governmental Affairs, the Committee on Veterans'
Affairs, and the Committee on Appropriations of the
Senate.
(b) Additional Funding to Address Records Backlog.--
(1) Authorization of appropriations.--In addition to amounts
otherwise available, there is authorized to be appropriated to
the National Archives and Records Administration, $60,000,000 to
address backlogs in responding to requests from veterans for
military personnel records, improve cybersecurity, improve
digital preservation and access to archival Federal records, and
address backlogs in requests made under section 552 of title 5,
United States Code (commonly referred to as the Freedom of
Information Act). Such amounts may also be used for the Federal
Records Center Program.
(2) Requirement to maintain in-person staffing levels.--
Subject <<NOTE: Deadlines. Time period.>> to the availability of
appropriations, and not later than 30 days after the date of the
enactment of this Act, the Archivist of the United States shall
ensure, to the extent practicable, that the National Personnel
Records Center maintains staffing levels and telework
arrangements that enable the maximum processing of records
requests possible in order to achieve the performance goal of
responding to 90 percent of all requests in 20 days or less, not
including any request involving a record damaged or lost in the
National Personnel Records Center fire of 1973 or any request
that is subject to a fee that has not been paid in a timely
manner by the requestor (provided the National Personnel Records
Center issues an invoice within 20 days after the date on which
the request is made).
(3) Inspector general reporting.--The Inspector General for
the National Archives and Records Administration shall, for two
years following the date of the enactment of this Act, include
in every semiannual report submitted to Congress pursuant to the
Inspector General Act of 1978 (5 U.S.C. App.), a detailed
summary of--
(A) efforts taken by the National Archives and
Records Administration to address the backlog of records
requests at the National Personnel Records Center; and
(B) <<NOTE: Recommenda- tions.>> any
recommendations for action proposed by the Inspector
General related to reducing the backlog of records
requests at the National Personnel Records Center and
the status of compliance with those recommendations by
the National Archives and Records Administration.
SEC. 5302. ONDCP SUPPLEMENTAL STRATEGIES.
Section 706(h) of the Office of National Drug Control Policy
Reauthorization Act of 1998 (21 U.S.C. 1705(h)) is amended--
(1) in paragraph (5), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(7) develops performance measures and targets for the
National Drug Control Strategy for supplemental strategies
[[Page 136 STAT. 3250]]
(the Southwest Border, Northern Border, and Caribbean Border
Counternarcotics Strategies) to effectively evaluate region-
specific goals, to the extent the performance measurement system
does not adequately measure the effectiveness of the strategies,
as determined by the Director, such strategies may evaluate
interdiction efforts at and between ports of entry, interdiction
technology, intelligence sharing, diplomacy, and other
appropriate metrics, specific to each supplemental strategies
region, as determined by the Director.''.
SEC. 5303. <<NOTE: Performance Enhancement Reform Act.>>
PERFORMANCE ENHANCEMENT.
(a) <<NOTE: 31 USC 1101 note.>> Short Title.--This section may be
cited as the ``Performance Enhancement Reform Act''.
(b) In General.--Section 1115 of title 31, United States Code, is
amended--
(1) by amending subsection (b)(5) to read as follows:
``(5) provide a description of how the performance goals are
to be achieved, including--
``(A) the human capital, training, data and
evidence, information technology, and skill sets
required to meet the performance goals;
``(B) the technology modernization investments,
system upgrades, staff technology skills and expertise,
stakeholder input and feedback, and other resources and
strategies needed and required to meet the performance
goals;
``(C) clearly defined milestones;
``(D) an identification of the organizations,
program activities, regulations, policies, operational
processes, and other activities that contribute to each
performance goal, both within and external to the
agency;
``(E) a description of how the agency is working
with other agencies and the organizations identified in
subparagraph (D) to measure and achieve its performance
goals as well as relevant Federal Government performance
goals; and
``(F) an identification of the agency officials
responsible for the achievement of each performance
goal, who shall be known as goal leaders;''; and
(2) by amending subsection (g) to read as follows:
``(g) Preparation of Performance Plan.--The Performance Improvement
Officer of each agency (or the functional equivalent) shall collaborate
with the Chief Human Capital Officer (or the functional equivalent), the
Chief Information Officer (or the functional equivalent), the Chief Data
Officer (or the functional equivalent), and the Chief Financial Officer
(or the functional equivalent) of that agency to prepare that portion of
the annual performance plan described under subsection (b)(5) for that
agency.''.
SEC. 5304. APPEALS TO MERIT SYSTEMS PROTECTION BOARD RELATING TO
FBI REPRISAL ALLEGATIONS; SALARY OF
SPECIAL COUNSEL.
(a) Appeals to Mspb.--Section 2303 of title 5, United States Code,
is amended by adding at the end the following:
``(d)(1) An employee of the Federal Bureau of Investigation who
makes an allegation of a reprisal under regulations promulgated under
this section may appeal a final determination or corrective action order
by the Bureau under those regulations to the Merit Systems Protection
Board pursuant to section 1221.
[[Page 136 STAT. 3251]]
``(2) If no final determination or corrective action order has been
made or issued for an allegation described in paragraph (1) before the
expiration of the 180-day period beginning on the date on which the
allegation is received by the Federal Bureau of Investigation, the
employee described in that paragraph may seek corrective action directly
from the Merit Systems Protection Board pursuant to section 1221.''.
(b) Special Counsel Salary.--
(1) In general.--Subchapter II of chapter 53 of title 5,
United States Code, is amended--
(A) in section 5314, by adding at the end the
following new item: ``Special Counsel of the Office of
Special Counsel.''; and
(B) in section 5315, by striking ``Special Counsel
of the Merit Systems Protection Board.''.
(2) <<NOTE: 5 USC 5314 note.>> Application.--The rate of
pay applied under the amendments made by paragraph (1) shall
begin to apply on the first day of the first pay period
beginning after date of enactment of this Act.
SEC. 5305. FAIRNESS FOR FEDERAL FIREFIGHTERS.
(a) Certain Illnesses and Diseases Presumed to Be Work-related Cause
of Disability or Death for Federal Employees in Fire Protection
Activities.--
(1) Presumption relating to employees in fire protection
activities.--
(A) In general.--Subchapter I of chapter 81 of title
5, United States Code, is amended by inserting after
section 8143a the following:
``Sec. 8143b. <<NOTE: 5 USC 8143b.>> Employees in fire protection
activities
``(a) Definitions.--In this section:
``(1) Employee in fire protection activities.--The term
`employee in fire protection activities' means an employee
employed as a firefighter (including a wildland firefighter),
paramedic, emergency medical technician, rescue worker,
ambulance personnel, or hazardous material worker who--
``(A) is trained in fire suppression;
``(B) has the legal authority and responsibility to
engage in fire suppression;
``(C) is engaged in the prevention, control, or
extinguishment of fires or response to emergency
situations in which life, property, or the environment
is at risk, including the prevention, control,
suppression, or management of wildland fires; and
``(D) performs the activities described in
subparagraph (C) as a primary responsibility of the job
of the employee.
``(2) Rule.--The term `rule' has the meaning given the term
in section 804.
``(3) Secretary.--The term `Secretary' means the Secretary
of Labor.
``(b) <<NOTE: Time period.>> Certain Illnesses and Diseased Deemed
to Be Proximately Caused by Employment in Fire Protection Activities.--
``(1) In general.--For a claim under this subchapter of
disability or death of an employee who has been employed for not
less than 5 years in aggregate as an employee in fire protection
activities, an illness or disease specified on the
[[Page 136 STAT. 3252]]
list established under paragraph (2) shall be deemed to be
proximately caused by the employment of that employee, if the
employee is diagnosed with that illness or disease not later
than 10 years after the last activedate of employment as an
employee in fire protection activities.
``(2) Establishment of initial list.--There is established
under this section the following list of illnesses and diseases:
``(A) Bladder cancer.
``(B) Brain cancer.
``(C) Chronic obstructive pulmonary disease.
``(D) Colorectal cancer.
``(E) Esophageal cancer.
``(F) Kidney cancer.
``(G) Leukemias.
``(H) Lung cancer.
``(I) Mesothelioma.
``(J) Multiple myeloma.
``(K) Non-Hodgkin lymphoma.
``(L) Prostate cancer.
``(M) Skin cancer (melanoma).
``(N) A sudden cardiac event or stroke suffered
while, or not later than 24 hours after, engaging in the
activities described in subsection (a)(1)(C).
``(O) Testicular cancer.
``(P) Thyroid cancer.
``(3) Additions to the list.--
``(A) In general.--
``(i) Periodic review.--The Secretary shall--
``(I) in consultation with the
Director of the National Institute for
Occupational Safety and Health and any
advisory committee determined
appropriate by the Secretary,
periodically review the list established
under paragraph (2); and
``(II) <<NOTE: Determination.>> if
the Secretary determines that the weight
of the best available scientific
evidence warrants adding an illness or
disease to the list established under
paragraph (2), as described in
subparagraph (B) of this paragraph, make
such an addition through a rule that
clearly identifies that scientific
evidence.
``(ii) Classification.--A rule issued by the
Secretary under clause (i) shall be considered to
be a major rule for the purposes of chapter 8.
``(B) Basis for determination.--The Secretary shall
add an illness or disease to the list established under
paragraph (2) based on the weight of the best available
scientific evidence that there is a significant risk to
employees in fire protection activities of developing
that illness or disease.
``(C) <<NOTE: Determination.>> Available
expertise.--In determining significant risk for purposes
of subparagraph (B), the Secretary may accept as
authoritative, and may rely upon, recommendations, risk
assessments, and scientific studies (including analyses
of National Firefighter Registry data pertaining to
Federal firefighters) by the National Institute for
Occupational Safety and Health, the National Toxicology
Program, the National Academies of Sciences,
Engineering,
[[Page 136 STAT. 3253]]
and Medicine, and the International Agency for Research
on Cancer.''.
(B) Technical and conforming amendment.--The table
of sections for subchapter I of chapter 81 of title 5,
United States Code, <<NOTE: 5 USC prec. 8101.>> is
amended by inserting after the item relating to section
8143a the following:
``8143b. Employees in fire protection activities.''.
(C) <<NOTE: 5 USC 8143b note.>> Application.--The
amendments made by this paragraph shall apply to claims
for compensation filed on or after the date of enactment
of this Act.
(2) <<NOTE: Deadline. Process. 5 USC 8143b note.>> Research
cooperation.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Labor (referred to in
this subsection as the ``Secretary'') shall establish a process
by which an employee in fire protection activities, as defined
in subsection (a) of section 8143b of title 5, United States
Code, as added by paragraph (1) of this subsection (referred to
in this subsection as an ``employee in fire protection
activities'') filing a claim under chapter 81 of title 5, United
States Code, as amended by this subsection, relating to an
illness or disease on the list established under subsection
(b)(2) of such section 8143b (referred to in this subsection as
`` `the list'') as the list may be updated under such section
8143b, shall be informed about, and offered the opportunity to
contribute to science by voluntarily enrolling in, the National
Firefighter Registry or a similar research or public health
initiative conducted by the Centers for Disease Control and
Prevention.
(3) <<NOTE: Deadline. 5 USC 8143b note.>> Agenda for
further review.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall--
(A) <<NOTE: Evaluation.>> evaluate the best
available scientific evidence of the risk to an employee
in fire protection activities of developing breast
cancer, gynecological cancers, and rhabdomyolysis;
(B) <<NOTE: Determination.>> add breast cancer,
gynecological cancers, and rhabdomyolysis to the list,
by rule in accordance with subsection (b)(3) of section
8143b of title 5, United States Code, as added by
paragraph (1) of this subsection, if the Secretary
determines that such evidence supports that addition;
and
(C) <<NOTE: Reports.>> submit to the Committee on
Homeland Security and Governmental Affairs of the Senate
and the Committee on Education and Labor of the House of
Representatives a report containing--
(i) the findings of the Secretary after making
the evaluation required under subparagraph (A);
and
(ii) the determination of the Secretary under
subparagraph (B).
(4) Report on federal wildland firefighters.--
(A) Definition.--In this paragraph, the term
``Federal wildland firefighter'' means an individual
occupying a position in the occupational series
developed pursuant to section 40803(d)(1) of the
Infrastructure Investment and Jobs Act (16 U.S.C.
6592(d)(1)).
(B) Study.--The Secretary of the Interior and the
Secretary of Agriculture, in consultation with the
Director of the National Institute for Occupational
Safety and Health and the Secretary, shall conduct a
comprehensive study on long-term health effects that
Federal wildland
[[Page 136 STAT. 3254]]
firefighters who are eligible to receive compensation
for work injuries under chapter 81 of title 5, United
States Code, as amended by this subsection, experience
after being exposed to fires, smoke, and toxic fumes
when in service.
(C) Requirements.--The study required under
subparagraph (B) shall include--
(i) the race, ethnicity, age, gender, and time
of service of the Federal wildland firefighters
participating in the study; and
(ii) <<NOTE: Recommenda- tions.>>
recommendations to Congress regarding what
legislative actions are needed to support the
Federal wildland firefighters described in clause
(i) in preventing health issues from the toxic
exposure described in subparagraph (B), similar to
veterans who are exposed to burn pits.
(D) <<NOTE: Public information.>> Submission and
publication.--The Secretary of the Interior and the
Secretary of Agriculture shall submit the results of the
study conducted under this paragraph to the Committee on
Homeland Security and Governmental Affairs of the Senate
and the Committee on Education and Labor of the House of
Representatives and make those results publicly
available.
(5) <<NOTE: Effective date. 5 USC 8152 note.>> Report on
affected employees.--Beginning on the date that is 1 year after
the date of enactment of this Act, with respect to each annual
report required under section 8152 of title 5, United States
Code, the Secretary--
(A) shall include in the report the total number of,
and demographics regarding, employees in fire protection
activities with illnesses and diseases described in the
list (as the list may be updated under this subsection
and the amendments made by this subsection), as of the
date on which that annual report is submitted, which
shall be disaggregated by the specific illness or
disease for the purposes of understanding the scope of
the problem facing those employees; and
(B) may--
(i) include in the report any information with
respect to employees in fire protection activities
that the Secretary determines to be necessary; and
(ii) as appropriate, make recommendations in
the report for additional actions that could be
taken to minimize the risk of adverse health
impacts for employees in fire protection
activities.
(b) Subrogation of Continuation of Pay.--
(1) Subrogation of the united states.--Section 8131 of title
5, United States Code, is amended--
(A) in subsection (a), in the matter preceding
paragraph (1), by inserting ``continuation of pay or''
before ``compensation''; and
(B) in subsection (c), in the second sentence, by
inserting ``continuation of pay or'' before
``compensation already paid''.
(2) Adjustment after recover from third person.--Section
8132 of title 5, United States Code, is amended--
(A) in the first sentence--
(i) by inserting ``continuation of pay or''
before ``compensation is payable'';
[[Page 136 STAT. 3255]]
(ii) by inserting ``continuation of pay or''
before ``compensation from the United States'';
(iii) by striking ``in his behalf'' and
inserting ``on his behalf''; and
(iv) by inserting ``continuation of pay or''
before`` `compensation paid by the United
States''; and
(B) by striking the fourth sentence and inserting
the following: ``If continuation of pay or compensation
has not been paid to the beneficiary, the money or
property shall be credited against continuation of pay
or compensation payable to him by the United States for
the same injury.''.
(c) Increase in Time-period for FECA Claimant Supply Supporting
Documentation to Office of Worker's Compensation. <<NOTE: Deadline. 5
USC 8121 note.>> --Not later than 16 days after the date of enactment of
this Act, the Secretary of Labor shall--
(1) amend section 10.121 of title 20, Code of Federal
Regulations, or any successor regulation, by striking ``30
days'' and inserting ``60 days''; and
(2) modify the Federal Employees' Compensation Act manual to
reflect the changes made by the Secretary pursuant to paragraph
(1).
Subtitle B <<NOTE: Periodically Listing Updates to Management Act of
2022.>> --PLUM Act of 2022
SEC. 5321. <<NOTE: 5 USC 101 note.>> SHORT TITLE.
This subtitle may be cited as the ``Periodically Listing Updates to
Management Act of 2022'' or the ``PLUM Act of 2022''.
SEC. 5322. ESTABLISHMENT OF PUBLIC WEBSITE ON GOVERNMENT POLICY
AND SUPPORTING POSITIONS.
(a) Establishment.--
(1) In general.--Subchapter I of chapter 33 of title 5,
United States Code, is amended by adding at the end the
following:
``Sec. 3330f. <<NOTE: 5 USC 3330f.>> Government policy and
supporting position data
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' means--
``(A) any Executive agency, the United States Postal
Service, and the Postal Regulatory Commission;
``(B) the Architect of the Capitol, the Government
Accountability Office, the Government Publishing Office,
and the Library of Congress; and
``(C) the Executive Office of the President and any
component within that Office (including any successor
component), including--
``(i) the Council of Economic Advisors;
``(ii) the Council on Environmental Quality;
``(iii) the National Security Council;
``(iv) the Office of the Vice President;
``(v) the Office of Policy Development;
``(vi) the Office of Administration;
``(vii) the Office of Management and Budget;
``(viii) the Office of the United States Trade
Representative;
``(ix) the Office of Science and Technology
Policy;
[[Page 136 STAT. 3256]]
``(x) the Office of National Drug Control
Policy; and
``(xi) the White House Office, including the
White House Office of Presidential Personnel.
``(2) Appointee.--The term `appointee'--
``(A) means an individual serving in a policy and
supporting position; and
``(B) includes an individual serving in such a
position temporarily in an acting capacity in accordance
with--
``(i) sections 3345 through 3349d (commonly
referred to as the `Federal Vacancies Reform Act
of 1998');
``(ii) any other statutory provision described
in section 3347(a)(1); or
``(iii) a Presidential appointment described
in section 3347(a)(2).
``(3) Covered website.--The term `covered website' means the
website established and maintained by the Director under
subsection (b).
``(4) Director.--The term `Director' means the Director of
the Office of Personnel Management.
``(5) Policy and supporting position.--The term `policy and
supporting position'--
``(A) means any position at an agency, as determined
by the Director, that, but for this section and section
2(b)(3) of the PLUM Act of 2022, would be included in
the publication entitled `United States Government
Policy and Supporting Positions', (commonly referred to
as the `Plum Book'); and
``(B) may include--
``(i) a position on any level of the Executive
Schedule under subchapter II of chapter 53, or
another position with an equivalent rate of pay;
``(ii) a general position (as defined in
section 3132(a)(9)) in the Senior Executive
service;
``(iii) a position in the Senior Foreign
Service;
``(iv) a position of a confidential or policy-
determining character under schedule C of subpart
C of part 213 of title 5, Code of Federal
Regulations, or any successor regulation; and
``(v) any other position classified at or
above level GS-14 of the General Schedule (or
equivalent) that is excepted from the competitive
service by law because of the confidential or
policy-determining nature of the position duties.
``(b) <<NOTE: Deadline. Public information.>> Establishment of
Website.--Not later than 1 year after the date of enactment of the PLUM
Act of 2022, the Director shall establish, and thereafter the Director
shall maintain, a public website containing the following information
for the President in office on the date of establishment and for each
subsequent President:
``(1) Each policy and supporting position in the Federal
Government, including any such position that is vacant.
``(2) The name of each individual who--
``(A) is serving in a position described in
paragraph (1); or
[[Page 136 STAT. 3257]]
``(B) previously served in a position described in
such paragraph under the applicable President.
``(3) Information on--
``(A) any Government-wide or agency-wide limitation
on the total number of positions in the Senior Executive
Service under section 3133 or 3134 or the total number
of positions under schedule C of subpart C of part 213
of title 5, Code of Federal Regulations; and
``(B) the total number of individuals occupying such
positions.
``(c) Contents.--With respect to any policy and supporting position
listed on the covered website, the Director shall include--
``(1) the agency, and agency component, (including the
agency and bureau code used by the Office of Management and
Budget) in which the position is located;
``(2) the name of the position;
``(3) the name of the individual occupying the position (if
any);
``(4) the geographic location of the position, including the
city, State or province, and country;
``(5) the pay system under which the position is paid;
``(6) the level, grade, or rate of pay;
``(7) the term or duration of the appointment (if any);
``(8) the expiration date, in the case of a time-limited
appointment;
``(9) a unique identifier for each appointee;
``(10) whether the position is vacant; and
``(11) for any position that is vacant--
``(A) for a position for which appointment is
required to be made by the President, by and with the
advice and consent of the Senate, the name of the acting
official; and
``(B) for other positions, the name of the official
performing the duties of the vacant position.
``(d) Current Data.--For each agency, the Director shall indicate in
the information on the covered website the date that the agency last
updated the data.
``(e) Format.--The Director shall make the data on the covered
website available to the public at no cost over the internet in a
searchable, sortable, downloadable, and machine-readable format so that
the data qualifies as an open Government data asset, as defined in
section 3502 of title 44.
``(f) Authority of Director.--
``(1) Information required.--Each agency shall provide to
the Director any information that the Director determines
necessary to establish and maintain the covered website,
including the information uploaded under paragraph (4).
``(2) <<NOTE: Deadline. Data.>> Requirements for
agencies.--Not later than 1 year after the date of enactment of
the PLUM Act of 2022, the Director shall issue instructions to
agencies with specific requirements for the provision or
uploading of information required under paragraph (1),
including--
``(A) specific data standards that an agency shall
follow to ensure that the information is complete,
accurate, and reliable;
``(B) data quality assurance methods; and
[[Page 136 STAT. 3258]]
``(C) <<NOTE: Timeframe.>> the timeframe during
which an agency shall provide or upload the information,
including the timeframe described under paragraph (4).
``(3) Public accountability.--The Director shall identify on
the covered website any agency that has failed to provide--
``(A) the information required by the Director;
``(B) complete, accurate, and reliable information;
or
``(C) the information during the timeframe specified
by the Director.
``(4) Annual updates.--
``(A) <<NOTE: Deadline.>> In general.--Not later
than 90 days after the date on which the covered website
is established, and not less than once during each year
thereafter, the head of each agency shall upload to the
covered website updated information (if any) on--
``(i) the policy and supporting positions in
the agency;
``(ii) the appointees occupying such positions
in the agency; and
``(iii) the former appointees who served in
such positions in the agency under the President
then in office.
``(B) Supplement not supplant.--Information provided
under subparagraph (A) shall supplement, not supplant,
previously provided information under that subparagraph.
``(5) Opm help desk.--The Director shall establish a central
help desk, to be operated by not more than 1 full-time employee,
to assist any agency with implementing this section.
``(6) Coordination.--The Director may designate 1 or more
agencies to participate in the development, establishment,
operation, and support of the covered website. With respect to
any such designation, the Director may specify the scope of the
responsibilities of the agency so designated.
``(7) Data standards and timing.--The Director shall make
available on the covered website information regarding data
collection standards, quality assurance methods, and time frames
for reporting data to the Director.
``(8) Regulations.--The Director may prescribe regulations
necessary for the administration of this section.
``(g) Responsibility of Agencies.--
``(1) <<NOTE: Compliance.>> Provision of information.--Each
agency shall comply with the instructions and guidance issued by
the Director to carry out this section, and, upon request of the
Director, shall provide appropriate assistance to the Director
to ensure the successful operation of the covered website in the
manner and within the timeframe specified by the Director under
subsection (f)(2).
``(2) Ensuring completeness, accuracy, and reliability.--
With respect to any submission of information described in
paragraph (1), the head of an agency shall include--
``(A) an explanation of how the agency ensured the
information is complete, accurate, and reliable; and
``(B) <<NOTE: Certification.>> a certification that
the information is complete, accurate, and reliable.
``(h) Information Verification.--
[[Page 136 STAT. 3259]]
``(1) Confirmation.--
``(A) <<NOTE: Effective date.>> In general.--On the
date that is 90 days after the date on which the covered
website is established, the Director, in coordination
with the White House Office of Presidential Personnel,
shall confirm that the information on the covered
website is complete, accurate, reliable, and up-to-date.
``(B) <<NOTE: Publication.>> Certification.--On the
date on which the Director makes a confirmation under
subparagraph (A), the Director shall publish on the
covered website a certification that the confirmation
has been made.
``(2) Authority of director.--In carrying out paragraph (1),
the Director may--
``(A) request additional information from an agency;
and
``(B) use any additional information provided to the
Director or the White House Office of Presidential
Personnel for the purposes of verification.
``(3) Public comment.--The Director shall establish a
process under which members of the public may provide feedback
regarding the accuracy of the information on the covered
website.
``(i) Data Archiving.--
``(1) In general.--As soon as practicable after a
transitional inauguration day (as defined in section 3349a), the
Director, in consultation with the Archivist of the United
States, shall archive the data that was compiled on the covered
website for the preceding presidential administration.
``(2) Public availability.--The Director shall make the data
described in paragraph (1) publicly available over the
internet--
``(A) on, or through a link on, the covered website;
``(B) at no cost; and
``(C) in a searchable, sortable, downloadable, and
machine-readable format.''.
(2) Clerical amendment.--The table of sections for
subchapter I of chapter 33 of title 5, United States
Code, <<NOTE: 5 USC prec. 3301.>> is amended by adding at the
end the following:
``3330f. Government policy and supporting position data.''.
(b) <<NOTE: 5 USC 3330f note.>> Other Matters.--
(1) Definitions.--In this subsection, the terms ``agency'',
``covered website'', ``Director'', and ``policy and supporting
position'' have the meanings given those terms in section 3330f
of title 5, United States Code, as added by subsection (a).
(2) Gao review and report.--Not later than 1 year after the
date on which the Director establishes the covered website, the
Comptroller General of the United States shall conduct a review
of, and issue a briefing or report on, the implementation of
this subtitle and the amendments made by this subtitle, which
shall include--
(A) <<NOTE: Data.>> the quality of data required to
be collected and whether the data is complete, accurate,
timely, and reliable;
(B) any challenges experienced by agencies in
implementing this subtitle and the amendments made by
this subtitle; and
[[Page 136 STAT. 3260]]
(C) any suggestions or modifications to enhance
compliance with this subtitle and the amendments made by
this subtitle, including best practices for agencies to
follow.
(3) Sunset of plum book.--Beginning on January 1, 2026--
(A) the covered website shall serve as the public
directory for policy and supporting positions in the
Government; and
(B) the publication entitled ``United States
Government Policy and Supporting Positions'', commonly
referred to as the ``Plum Book'', shall no longer be
issued or published.
(4) Funding.--
(A) In general.--No additional amounts are
authorized to be appropriated to carry out this subtitle
or the amendments made by this subtitle.
(B) Other funding.--The Director shall carry out
this subtitle and the amendments made by this subtitle
using amounts otherwise available to the Director.
TITLE LIV-- <<NOTE: 21st Century Assistive Technology Act. State and
local government. Disabled persons.>> 21ST CENTURY ASSISTIVE TECHNOLOGY
ACT
Sec. 5401. Short title.
Sec. 5402. Reauthorization.
Sec. 5403. Effective date.
SECTION 5401. <<NOTE: 29 USC 3001 note.>> SHORT TITLE.
This title may be cited as the ``21st Century Assistive Technology
Act''.
SEC. 5402. REAUTHORIZATION.
The Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.) is
amended to read as follows:
``SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
``(a) Short Title.--This Act may be cited as the `Assistive
Technology Act of 1998'.
``(b) Table of Contents.--The table of contents of this Act is as
follows:
``Sec. 1. Short title; table of contents.
``Sec. 2. Purposes.
``Sec. 3. Definitions.
``Sec. 4. Grants for State assistive technology programs.
``Sec. 5. Grants for protection and advocacy services related to
assistive technology.
``Sec. 6. Technical assistance and data collection support.
``Sec. 7. Projects of national significance.
``Sec. 8. Administrative provisions.
``Sec. 9. Authorization of appropriations; reservations and distribution
of funds.
``SEC. 2. PURPOSES.
``The purposes of this Act are to--
``(1) to support State efforts to improve the provision of
assistive technology to individuals with disabilities of all
ages, including underrepresented populations, through
comprehensive statewide programs of technology-related
assistance that are designed to--
``(A) increase the availability of, funding for,
access to, provision of, and education about assistive
technology devices and assistive technology services;
[[Page 136 STAT. 3261]]
``(B) increase the ability of individuals with
disabilities to secure and maintain possession of
assistive technology devices as such individuals make
the transition between services offered by educational
or human service agencies or between settings of daily
living (for example, between home and work);
``(C) increase the capacity of public agencies and
private entities to provide and pay for assistive
technology devices and assistive technology services on
a statewide basis for individuals with disabilities;
``(D) increase the involvement of individuals with
disabilities and, if appropriate, their family members,
guardians, advocates, and authorized representatives, in
decisions related to the provision of assistive
technology devices and assistive technology services;
``(E) increase and promote coordination among and
between State and local agencies and private entities
(such as managed care providers), that are involved in
carrying out activities under this Act;
``(F) increase the awareness and facilitate the
change of laws, regulations, policies, practices,
procedures, and organizational structures that
facilitate the availability or provision of assistive
technology devices and assistive technology services;
and
``(G) increase awareness and knowledge of the
benefits of assistive technology devices and assistive
technology services among targeted individuals and
entities and the general population; and
``(2) to provide States and protection and advocacy systems
with financial assistance that supports programs designed to
maximize the ability of individuals with disabilities and their
family members, guardians, advocates, and authorized
representatives to obtain assistive technology devices and
assistive technology services.
``SEC. 3. DEFINITIONS.
``In this Act:
``(1) Adult service program.--The term `adult service
program' means a program that provides services to, or is
otherwise substantially involved with the major life functions
of, individuals with disabilities. Such term includes--
``(A) a program providing residential, supportive,
or employment-related services, to individuals with
disabilities;
``(B) a program carried out by a center for
independent living, such as a center described in part C
of title VII of the Rehabilitation Act of 1973 (29
U.S.C. 796f et seq.);
``(C) a program carried out by an employment support
agency connected to adult vocational rehabilitation,
such as a one-stop partner, as defined in section 3 of
the Workforce Innovation and Opportunity Act (29 U.S.C.
3102); and
``(D) a program carried out by another organization
or vender licensed or registered by the designated State
agency, as defined in section 7 of the Rehabilitation
Act of 1973 (29 U.S.C. 705).
[[Page 136 STAT. 3262]]
``(2) American indian consortium.--The term `American Indian
consortium' means an entity that is an American Indian
Consortium (as defined in section 102 of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000 (42
U.S.C. 15002)), and that is established to provide protection
and advocacy services for purposes of receiving funding under
subtitle C of title I of such Act (42 U.S.C. 15041 et seq.).
``(3) Assistive technology.--The term `assistive technology'
means technology designed to be utilized in an assistive
technology device or assistive technology service.
``(4) Assistive technology device.--The term `assistive
technology device' means any item, piece of equipment, or
product system, whether acquired commercially, modified, or
customized, that is used to increase, maintain, or improve
functional capabilities of individuals with disabilities.
``(5) Assistive technology service.--The term `assistive
technology service' means any service that directly assists an
individual with a disability in the selection, acquisition, or
use of an assistive technology device. Such term includes--
``(A) the evaluation of the assistive technology
needs of an individual with a disability, including a
functional evaluation of the impact of the provision of
appropriate assistive technology devices and services to
the individual in the customary environment of the
individual;
``(B) a service consisting of purchasing, leasing,
or otherwise providing for the acquisition of assistive
technology devices by individuals with disabilities;
``(C) a service consisting of selecting, designing,
fitting, customizing, adapting, applying, maintaining,
repairing, replacing, or donating assistive technology
devices;
``(D) coordination and use of necessary therapies,
interventions, or services with assistive technology
devices, such as therapies, interventions, or services
associated with education and rehabilitation plans and
programs;
``(E) instruction or technical assistance for an
individual with a disability or, where appropriate, the
family members, guardians, advocates, or authorized
representatives of such an individual;
``(F) instruction or technical assistance for
professionals (including individuals providing education
and rehabilitation services and entities that
manufacture or sell assistive technology devices),
employers, providers of employment and training
services, or other individuals who provide services to,
employ, or are otherwise substantially involved in the
major life functions of individuals with disabilities;
and
``(G) a service consisting of expanding the
availability of access to technology, including
electronic and information technology, to individuals
with disabilities.
``(6) Capacity building and advocacy activities.--The term
`capacity building and advocacy activities' means efforts that--
``(A) result in laws, regulations, policies,
practices, procedures, or organizational structures that
promote consumer-responsive programs or entities; and
[[Page 136 STAT. 3263]]
``(B) facilitate and increase access to, provision
of, and funding for assistive technology devices and
assistive technology services, in order to empower
individuals with disabilities to achieve greater
independence, productivity, and integration and
inclusion within the community and the workforce.
``(7) Comprehensive statewide program of technology-related
assistance.--The term `comprehensive statewide program of
technology-related assistance' means a consumer-responsive
program of technology-related assistance for individuals with
disabilities that--
``(A) is implemented by a State;
``(B) is equally available to all individuals with
disabilities residing in the State, regardless of their
type of disability, age, income level, or location of
residence in the State, or the type of assistive
technology device or assistive technology service
required; and
``(C) incorporates all the activities described in
section 4(e) (unless excluded pursuant to section
4(e)(5)).
``(8) Consumer-responsive.--The term `consumer-responsive'--
``(A) with regard to policies, means that the
policies are consistent with the principles of--
``(i) respect for individual dignity, personal
responsibility, self-determination, and pursuit of
meaningful careers, based on informed choice, of
individuals with disabilities;
``(ii) respect for the privacy, rights, and
equal access (including the use of accessible
formats) of such individuals;
``(iii) inclusion, integration, and full
participation of such individuals in society;
``(iv) support for the involvement in
decisions of a family member, a guardian, an
advocate, or an authorized representative, if an
individual with a disability requests, desires, or
needs such involvement; and
``(v) support for individual and systems
advocacy and community involvement; and
``(B) with respect to an entity, program, or
activity, means that the entity, program, or activity--
``(i) is easily accessible to, and usable by,
individuals with disabilities and, when
appropriate, their family members, guardians,
advocates, or authorized representatives;
``(ii) responds to the needs of individuals
with disabilities in a timely and appropriate
manner; and
``(iii) facilitates the full and meaningful
participation of individuals with disabilities and
their family members, guardians, advocates, and
authorized representatives, in--
``(I) decisions relating to the
provision of assistive technology
devices and assistive technology
services to such individuals; and
``(II) decisions related to the
maintenance, improvement, and evaluation
of the comprehensive
[[Page 136 STAT. 3264]]
statewide program of technology-related
assistance, including decisions that
affect capacity building and advocacy
activities.
``(9) Disability.--The term `disability' has the meaning
given the term under section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102).
``(10) Individual with a disability.--The term `individual
with a disability' means any individual--
``(A) who has a disability; and
``(B) who is or would be enabled by an assistive
technology device or an assistive technology service to
minimize deterioration in functioning, to maintain a
level of functioning, or to achieve a greater level of
functioning in any major life activity.
``(11) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)), and includes a community college receiving
funding under the Tribally Controlled Colleges and Universities
Assistance Act of 1978 (25 U.S.C. 1801 et seq.).
``(12) Protection and advocacy services.--The term
`protection and advocacy services' means services that--
``(A) are described in subtitle C of title I of the
Developmental Disabilities Assistance and Bill of Rights
Act of 2000 (42 U.S.C. 15041 et seq.), the Protection
and Advocacy for Individuals with Mental Illness Act (42
U.S.C. 10801 et seq.), or section 509 of the
Rehabilitation Act of 1973 (29 U.S.C. 794e); and
``(B) assist individuals with disabilities with
respect to assistive technology devices and assistive
technology services.
``(13) Secretary.--The term `Secretary' means the Secretary
of Health and Human Services, acting through the Administrator
of the Administration for Community Living.
``(14) State.--
``(A) In general.--Except as provided in
subparagraph (B), the term `State' means each of the 50
States of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, the United States
Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
``(B) Outlying areas.--In section 4(b):
``(i) Outlying area.--The term `outlying area'
means the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the
Northern Mariana Islands.
``(ii) State.--The term `State' does not
include the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the
Northern Mariana Islands.
``(15) State assistive technology program.--The term `State
assistive technology program' means a program authorized under
section 4.
``(16) Targeted individuals and entities.--The term
`targeted individuals and entities' means--
``(A) individuals with disabilities and their family
members, guardians, advocates, and authorized
representatives;
[[Page 136 STAT. 3265]]
``(B) underrepresented populations;
``(C) individuals who work for public or private
entities (including centers for independent living
described in part C of title VII of the Rehabilitation
Act of 1973 (29 U.S.C. 796f et seq.), insurers, or
managed care providers) that have contact with, or
provide services to, individuals with disabilities;
``(D) educators and related services personnel,
including personnel in elementary, secondary, and
postsecondary schools, and in vocational and early
intervention programs;
``(E) technology experts (including web designers
and procurement officials);
``(F) health, allied health, and rehabilitation
professionals, and employees of hospitals, skilled
nursing, intermediate care, and assisted living
facilities (including discharge planners);
``(G) employers, especially small business
employers, and providers of employment and training
services;
``(H) entities that manufacture or sell assistive
technology devices;
``(I) entities that carry out community programs
designed to develop essential community services in
rural and urban areas; and
``(J) other appropriate individuals and entities,
including public and private entities involved in
housing and transportation, as determined for a State by
the State.
``(17) Underrepresented population.--The term
`underrepresented population' means a population that is
typically underrepresented in service provision, and includes
populations such as individuals who have low-incidence
disabilities, racial and ethnic minorities, low income
individuals, homeless individuals (including children and
youth), children in foster care, individuals with limited
English proficiency, individuals living in institutions seeking
to transition to the community from institutional settings,
youth with disabilities aging into adulthood, older individuals,
or individuals living in rural areas.
``(18) Universal design.--The term `universal design' means
a concept or philosophy for designing and delivering products
and services that are usable by people with the widest possible
range of functional capabilities, which include products and
services that are directly accessible (without requiring
assistive technologies) and products and services that are
interoperable with assistive technologies.
``SEC. 4. GRANTS FOR STATE ASSISTIVE TECHNOLOGY PROGRAMS.
``(a) Grants to States.--The Secretary shall award grants under
subsection (b) to States to maintain a comprehensive statewide program
of assistive technology-related assistance described in subsection (e)
through State assistive technology programs that are designed to--
``(1) maximize the ability of individuals with disabilities
across the human lifespan and across the wide array of
disabilities, and their family members, guardians, advocates,
and authorized representatives, to obtain assistive technology;
and
``(2) increase access to assistive technology.
``(b) Amount of Financial Assistance.--
[[Page 136 STAT. 3266]]
``(1) In general.--From funds made available to carry out
this section, the Secretary shall award a grant to each State,
and outlying area, that meets the requirements of this section
from an allotment determined in accordance with paragraph (2).
``(2) <<NOTE: Allotments.>> Calculation of state grants.--
``(A) Base year.--Except as provided in
subparagraphs (B) and (C), the Secretary shall allot to
each State and outlying area for a fiscal year an amount
that is not less than the amount the State or outlying
area received under the grants provided under section 4
of this Act (as in effect on the day before the
effective date of the 21st Century Assistive Technology
Act) for fiscal year 2022.
``(B) Ratable reduction.--
``(i) In general.--If funds made available to
carry out this section for any fiscal year are
insufficient to make the allotments required for
each State and outlying area under subparagraph
(A) for such fiscal year, the Secretary shall
ratably reduce the allotments for such fiscal
year.
``(ii) Additional funds.--If, after the
Secretary makes the reductions described in clause
(i), additional funds become available to carry
out this section for the fiscal year, the
Secretary shall ratably increase the allotments,
until the Secretary has allotted the entire base
year amount under subparagraph (A).
``(C) Appropriation higher than base year amount.--
For a fiscal year for which the amount of funds made
available to carry out this section is greater than the
base year amount under subparagraph (A) and no greater
than $40,000,000, the Secretary shall--
``(i) make the allotments described in
subparagraph (A);
``(ii) from a portion of the remainder of the
funds after the Secretary makes the allotments
described in clause (i), the Secretary shall--
``(I) from 50 percent of the
portion, allot to each State an equal
amount; and
``(II) from 50 percent of the
portion, allot to each State an amount
that bears the same relationship to such
50 percent as the population of the
State bears to the population of all
States,
until each State has received an allotment of not
less than $410,000 under clause (i) and this
clause; and
``(iii) from the remainder of the funds after
the Secretary makes the allotments described in
clause (ii), the Secretary shall--
``(I) from 80 percent of the
remainder, allot to each State an amount
that bears the same relationship to such
80 percent as the population of the
State bears to the population of all
States; and
``(II) from 20 percent of the
remainder, allot to each State an equal
amount.
``(D) Appropriation higher than threshold amount.--
For a fiscal year for which the amount of funds
[[Page 136 STAT. 3267]]
made available to carry out this section is $40,000,000
or greater, the Secretary shall--
``(i) make the allotments described in
subparagraph (A);
``(ii) from the funds remaining after the
allotment described in clause (i), allot to each
outlying area an amount of such funds until each
outlying area has received an allotment of exactly
$150,000 under clause (i) and this clause;
``(iii) from a portion of the remainder of the
funds after the Secretary makes the allotments
described in clauses (i) and (ii), the Secretary
shall--
``(I) from 50 percent of the
portion, allot to each State an equal
amount; and
``(II) from 50 percent of the
portion, allot to each State an amount
that bears the same relationship to such
50 percent as the population of the
State bears to the population of all
States,
until each State has received an allotment of not
less than $450,000 under clause (i) and this
clause; and
``(iv) from the remainder of the funds after
the Secretary makes the allotments described in
clause (iii), the Secretary shall--
``(I) from 80 percent of the
remainder, allot to each State an amount
that bears the same relationship to such
80 percent as the population of the
State bears to the population of all
States; and
``(II) from 20 percent of the
remainder, allot to each State an equal
amount.
``(3) Availability of funds.--Amounts made available for a
fiscal year under this section shall be available for the fiscal
year and the year following the fiscal year.
``(c) Lead Agency, Implementing Entity, and Advisory Council.--
``(1) Lead agency and implementing entity.--
``(A) Lead agency.--
``(i) In general.--The Governor of a State
shall designate a public agency as a lead agency--
``(I) to control and administer the
funds made available through the grant
awarded to the State under this section;
and
``(II) to submit the application
described in subsection (d) on behalf of
the State, to ensure conformance with
Federal and State accounting
requirements.
``(ii) Duties.--The duties of the lead agency
shall include--
``(I) preparing the application
described in subsection (d) and carrying
out State activities described in that
application, including making
programmatic and resource allocation
decisions necessary to implement the
comprehensive statewide program of
technology-related assistance;
``(II) coordinating the activities
of the comprehensive statewide program
of technology-
[[Page 136 STAT. 3268]]
related assistance among public and
private entities, including coordinating
efforts related to entering into
interagency agreements and maintaining
and evaluating the program; and
``(III) coordinating efforts, in a
way that acknowledges the demographic
characteristics of individuals, related
to the active, timely, and meaningful
participation by individuals with
disabilities and their family members,
guardians, advocates, or authorized
representatives, and other appropriate
individuals, with respect to activities
carried out through the grant.
``(B) Implementing entity.--The Governor may
designate an agency, office, or other entity to carry
out State activities under this section (referred to in
this section as the `implementing entity'), if such
implementing entity is different from the lead agency.
The implementing entity shall carry out responsibilities
under this Act through a subcontract or another
administrative agreement with the lead agency.
``(C) Change in agency or entity.--
``(i) In general.--On obtaining the approval
of the Secretary--
``(I) the Governor may redesignate
the lead agency of a State, if the
Governor shows to the Secretary, in
accordance with subsection (d)(2)(B),
good cause why the agency designated as
the lead agency should not serve as that
agency; and
``(II) the Governor may redesignate
the implementing entity of a State, if
the Governor shows to the Secretary in
accordance with subsection (d)(2)(B),
good cause why the entity designated as
the implementing entity should not serve
as that entity.
``(ii) Construction.--Nothing in this
paragraph shall be construed to require the
Governor of a State to change the lead agency or
implementing entity of the State to an agency
other than the lead agency or implementing entity
of such State as of the date of enactment of the
`21st Century Assistive Technology Act'.
``(2) <<NOTE: Establishment.>> Advisory council.--
``(A) In general.--There shall be established an
advisory council to provide consumer-responsive,
consumer-driven advice to the State for planning,
implementation, and evaluation of the activities carried
out through the grant, including setting the measurable
goals described in subsection (d)(3)(C).
``(B) Composition and representation.--
``(i) Composition.--The advisory council shall
be composed of--
``(I) individuals with disabilities
who use assistive technology or the
family members or guardians of the
individuals;
``(II) a representative of the
designated State agency, as defined in
section 7 of the Rehabilitation Act of
1973 (29 U.S.C. 705);
[[Page 136 STAT. 3269]]
``(III) a representative of the
designated State agency for individuals
who are blind or that provides
assistance or services to adults who are
blind (within the meaning of section 101
of that Act (29 U.S.C. 721)), if such
agency is separate from the agency
described in subclause (II);
``(IV) a representative of a State
center for independent living described
in part C of title VII of the
Rehabilitation Act of 1973 (29 U.S.C.
796f et seq.), or the Statewide
Independent Living Council established
under section 705 of such Act (29 U.S.C.
796d);
``(V) a representative of the State
workforce development board established
under section 101 of the Workforce
Innovation and Opportunity Act (29
U.S.C. 3111);
``(VI) a representative of the State
educational agency, as defined in
section 8101 of the Elementary and
Secondary Education Act of 1965 (20
U.S.C. 7801);
``(VII) a representative of an
alternative financing program for
assistive technology if--
``(aa) there is an
alternative financing program
for assistive technology in the
State;
``(bb) such program is
separate from the State
assistive technology program
supported under subsection
(e)(2); and
``(cc) the program described
in item (aa) is operated by a
nonprofit entity;
``(VIII) a representative of 1 or
more of--
``(aa) the agency
responsible for administering
the State Medicaid program under
title XIX of the Social Security
Act (42 U.S.C. 1396 et seq.);
``(bb) the designated State
agency for purposes of section
124 of the Developmental
Disabilities Assistance and Bill
of Rights Act of 2000 (42 U.S.C.
15024);
``(cc) the State agency
designated under section
305(a)(1) of the Older Americans
Act of 1965 (42 U.S.C.
3025(a)(1)), or an organization
that receives assistance under
such Act (42 U.S.C. 3001 et
seq.);
``(dd) an organization
representing disabled veterans;
``(ee) a University Center
for Excellence in Developmental
Disabilities Education,
Research, and Service designated
under section 151(a) of the
Developmental Disabilities
Assistance and Bill of Rights
Act of 2000 (42 U.S.C.
15061(a));
``(ff) the State protection
and advocacy system established
in accordance with section 143
of the Developmental
Disabilities Assistance and Bill
of Rights Act of 2000 (42 U.S.C.
15043); or
[[Page 136 STAT. 3270]]
``(gg) the State Council on
Developmental Disabilities
established under section 125 of
the Developmental Disabilities
Assistance and Bill of Rights
Act of 2000 (42 U.S.C. 15025);
and
``(IX) representatives of other
State agencies, public agencies, or
private organizations, as determined by
the State.
``(ii) Majority.--
``(I) In general.--Not less than 51
percent of the members of the advisory
council shall be members appointed under
clause (i)(I), a majority of whom shall
be individuals with disabilities.
``(II) Representatives of
agencies.--Members appointed under
subclauses (II) through (IX) of clause
(i) shall not count toward the majority
membership requirement established in
subclause (I).
``(iii) Representation.--The advisory council
shall be geographically representative of the
State and reflect the diversity of the State with
respect to race, ethnicity, age, and types of
disabilities, and users of types of services that
an individual with a disability may receive,
including home and community-based services (as
defined in section 9817(a)(2) of the American
Rescue Plan Act of 2021 (42 U.S.C. 1396d note)),
vocational rehabilitation services (as defined in
section 7 of the Rehabilitation Act of 1973 (29
U.S.C. 705)), and services through the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et
seq.).
``(C) Expenses.--The members of the advisory council
shall receive no compensation for their service on the
advisory council, but shall be reimbursed for reasonable
and necessary expenses actually incurred in the
performance of official duties for the advisory council.
``(D) Impact on existing statutes, rules, or
policies.--Nothing in this paragraph shall be construed
to affect State statutes, rules, or official policies
relating to advisory bodies for State assistive
technology programs or require changes to governing
bodies of incorporated agencies that carry out State
assistive technology programs.
``(d) Application.--
``(1) In general.--Any State that desires to receive a grant
under this section shall submit an application to the Secretary,
at such time, in such manner, and containing such information as
the Secretary may require.
``(2) Lead agency and implementing entity.--
``(A) In general.--The application shall contain--
``(i) information identifying and describing
the lead agency referred to in subsection
(c)(1)(A);
``(ii) information identifying and describing
the implementing entity referred to in subsection
(c)(1)(B), if the Governor of the State designates
such an entity; and
[[Page 136 STAT. 3271]]
``(iii) a description of how individuals with
disabilities were involved in the development of
the application and will be involved in the
implementation of the activities to be carried out
through the grant and through the advisory council
established in accordance with subsection (c)(2).
``(B) Change in lead agency or implementing
entity.--In any case where--
``(i) the Governor requests to redesignate a
lead agency, the Governor shall include in, or
amend, the application to request the
redesignation and provide a written description of
the rationale for the requested change; or
``(ii) the Governor requests to redesignate an
implementing entity, the Governor shall include
in, or amend, the application to request the
redesignation and provide a written description of
the rationale for the requested change.
``(3) State plan.--The application under this subsection
shall include a State plan for assistive technology consisting
of--
``(A) a description of how the State will carry out
a comprehensive statewide program that provides
assistive technology activities described in subsection
(e) (unless excluded by the State pursuant to subsection
(e)(5));
``(B) a description of how the State will allocate
and utilize grant funds to implement the activities
described in subparagraph (A), including describing
proposed budget allocations and planned procedures for
tracking expenditures for the activities;
``(C) measurable goals, and a timeline for meeting
the goals, that the State has set for addressing the
assistive technology needs of individuals with
disabilities in the State related to--
``(i) education, including goals involving the
provision of assistive technology to individuals
with disabilities who receive services under the
Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.);
``(ii) employment, including goals involving
the State vocational rehabilitation program
carried out under title I of the Rehabilitation
Act of 1973 (29 U.S.C. 720 et seq.);
``(iii) access to teleassistive technology to
aid in the access of health care services,
including mental health and substance use disorder
services;
``(iv) accessible information and
communication technology instruction for
individuals with disabilities receiving assistive
technology under this section; and
``(v) community living;
``(D) information describing how the State will
quantifiably measure the goals, in a manner consistent
with the data submitted through the progress reports
under subsection (f), to determine whether the goals
have been achieved; and
``(E) a description of any activities described in
subsection (e) that the State will support with State or
other non-Federal funds.
[[Page 136 STAT. 3272]]
``(4) Involvement of public and private entities.--The
application shall describe how various public and private
entities, including individuals with disabilities and their
families, were involved in the development of the application,
including the measurable goals and timeline described in
paragraph (3)(C) and the description of how the goals will be
quantifiably measured described in paragraph (3)(D), and will be
involved in the implementation of the activities to be carried
out through the grant, including--
``(A) in cases determined to be appropriate by the
State, a description of the nature and extent of
resources that will be committed by public and private
partners to assist in accomplishing identified goals;
and
``(B) a description of the mechanisms established to
ensure coordination of activities and collaboration
between the implementing entity, if any, and the State.
``(5) Assurances.--The application shall include assurances
that--
``(A) the State will annually collect data related
to the required activities implemented by the State
under this section in order to prepare the progress
reports required under subsection (f);
``(B) funds received through the grant--
``(i) will be expended in accordance with this
section; and
``(ii) will be used to supplement, and not
supplant, funds available from other sources for
technology-related assistance, including the
provision of assistive technology devices and
assistive technology services;
``(C) the lead agency will control and administer
the funds received through the grant;
``(D) the State will adopt such fiscal control and
accounting procedures as may be necessary to ensure
proper disbursement of and accounting for the funds
received through the grant;
``(E) the physical facility of the lead agency and
implementing entity, if any, meets the requirements of
the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.) regarding accessibility for individuals
with disabilities;
``(F) a public agency or an individual with a
disability holds title to any property purchased with
funds received under the grant and administers that
property;
``(G) activities carried out in the State that are
authorized under this Act, and supported by Federal
funds received under this Act, will comply with the
standards established by the Architectural and
Transportation Barriers Compliance Board under section
508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d);
and
``(H) the State will--
``(i) <<NOTE: Reports.>> prepare reports to
the Secretary in such form and containing such
information as the Secretary may require to carry
out the Secretary's functions under this Act; and
``(ii) <<NOTE: Records.>> keep such records
and allow access to such records as the Secretary
may require to ensure the
[[Page 136 STAT. 3273]]
correctness and verification of information
provided to the Secretary under this subparagraph.
``(e) Use of Funds.--
``(1) Required activities.--
``(A) In general.--Except as provided in
subparagraph (B) and paragraph (5), any State that
receives a grant under this section shall--
``(i) use a portion of not more than 40
percent of the funds made available through the
grant to carry out all activities described in
paragraph (3), of which not less than 5 percent of
such portion shall be available for activities
described in paragraph (3)(A)(iii); and
``(ii) use a portion of the funds made
available through the grant to carry out all of
the activities described in paragraph (2).
``(B) State or other non-federal financial
support.--A State receiving a grant under this section
shall not be required to use grant funds to carry out
the category of activities described in subparagraph
(A), (B), (C), or (D) of paragraph (2) in that State if,
for such category of activities, financial support is
provided in that State--
``(i) from State or other non-Federal
resources or entities; and
``(ii) in an amount that is comparable to, or
greater than, the amount of the portion of the
funds made available through the grant that the
State would have expended for such category of
activities, in the absence of this subparagraph.
``(2) State-level activities.--
``(A) State financing activities.--The State shall
support State financing activities to increase access
to, and funding for, assistive technology devices and
assistive technology services (which shall not include
direct payment for such a device or service for an
individual with a disability but may include support and
administration of a program to provide such payment),
including development of systems to provide and pay for
such devices and services, for targeted individuals and
entities described in section 3(16)(A), including--
``(i) support for the development of systems
for the purchase, lease, or other acquisition of,
or payment for, assistive technology devices and
assistive technology services;
``(ii) another mechanism that is approved by
the Secretary; or
``(iii) support for the development of a
State-financed or privately financed alternative
financing program engaged in the provision of
assistive technology devices, such as--
``(I) a low-interest loan fund;
``(II) an interest buy-down program;
``(III) a revolving loan fund; or
``(IV) a loan guarantee or insurance
program.
``(B) Device reutilization programs.--The State
shall directly, or in collaboration with public or
private entities, carry out assistive technology device
reutilization
[[Page 136 STAT. 3274]]
programs that provide for the exchange, repair,
recycling, or other reutilization of assistive
technology devices, which may include redistribution
through device sales, loans, rentals, or donations.
``(C) Device loan programs.--The State shall
directly, or in collaboration with public or private
entities, carry out device loan programs that provide
short-term loans of assistive technology devices to
individuals, employers, public agencies, or others
seeking to meet the needs of targeted individuals and
entities, including others seeking to comply with the
Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.), the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.), and section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794).
``(D) Device demonstrations.--
``(i) In general.--The State shall directly,
or in collaboration with public and private
entities, such as one-stop partners, as defined in
section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102), demonstrate a
variety of assistive technology devices and
assistive technology services (including assisting
individuals in making informed choices regarding,
and providing experiences with, the devices and
services), using personnel who are familiar with
such devices and services and their applications.
``(ii) Comprehensive information.--The State
shall directly, or through referrals, provide to
individuals, to the extent practicable,
comprehensive information about State and local
assistive technology venders, providers, and
repair services.
``(3) State leadership activities.--
``(A) Educational activities and technical
assistance.--
``(i) In general.--The State shall, directly
or through the provision of support to public or
private entities with demonstrated expertise in
collaborating with public or private agencies that
serve individuals with disabilities, develop and
disseminate training materials, conduct
educational activities, and provide technical
assistance, for individuals statewide, including
representatives of State and local educational
agencies, State vocational rehabilitation
programs, other State and local agencies, early
intervention programs, adult service programs,
hospitals and other health care facilities,
institutions of higher education, and businesses.
``(ii) Authorized activities.--In carrying out
activities under clause (i), the State shall carry
out activities that enhance the knowledge, skills,
and competencies of individuals from local
settings described in such clause, which may
include--
``(I) raising awareness and
providing instruction on the benefits of
assistive technology and the Federal,
State, and private funding sources
available to assist targeted individuals
and entities in acquiring assistive
technology;
[[Page 136 STAT. 3275]]
``(II) skills development in
assessing the need for assistive
technology devices and assistive
technology services;
``(III) instruction to ensure the
appropriate application and use of
assistive technology devices, assistive
technology services, and accessible
information and communication technology
for e-government functions;
``(IV) instruction in the importance
of multiple approaches to assessment and
implementation necessary to meet the
individualized needs of individuals with
disabilities; and
``(V) technical instruction on
integrating assistive technology into
the development and implementation of
service plans, including any education,
health, discharge, Olmstead, employment,
or other plan required under Federal or
State law.
``(iii) Transition assistance to individuals
with disabilities.--The State shall (directly or
through the provision of support to public or
private entities) develop and disseminate
educational materials, conduct educational
activities, facilitate access to assistive
technology, and provide technical assistance, to
assist--
``(I) students with disabilities,
within the meaning of the Individuals
with Disabilities Education Act (20
U.S.C. 1400 et seq.), that receive
transition services; and
``(II) adults who are individuals
with disabilities maintaining or
transitioning to community living.
``(B) Public-awareness activities.--
``(i) In general.--The State shall conduct
public-awareness activities designed to provide
information to targeted individuals and entities
relating to the availability, benefits,
appropriateness, and costs of assistive technology
devices and assistive technology services,
including--
``(I) the development of procedures
for providing direct communication
between providers of assistive
technology and targeted individuals and
entities, which may include partnerships
with entities in the statewide and local
workforce development systems
established under the Workforce
Innovation and Opportunity Act (29
U.S.C. 3101 et seq.), State vocational
rehabilitation programs, public and
private employers, centers for
independent living described in part C
of title VII of the Rehabilitation Act
of 1973 (29 U.S.C. 796f et seq.), Aging
and Disability Resource Centers (as
defined in section 102 of the Older
Americans Act of 1965 (42 U.S.C. 3002)),
or elementary schools and secondary
schools (as defined in section 8101 of
the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801));
[[Page 136 STAT. 3276]]
``(II) the development and
dissemination, to targeted individuals
and entities, of information about State
efforts related to assistive technology;
and
``(III) the distribution of
materials to appropriate public and
private agencies that provide social,
medical, educational, employment,
housing, and transportation services to
individuals with disabilities.
``(ii) Statewide information and referral
system.--
``(I) In general.--The State shall
directly, or in collaboration with
public or private entities (including
nonprofit organizations), provide for
the continuation and enhancement of a
statewide information and referral
system designed to meet the needs of
targeted individuals and entities.
``(II) Content.--The system shall
deliver information on assistive
technology devices, assistive technology
services (with specific data regarding
provider availability within the State),
and the availability of resources,
including funding through public and
private sources, to obtain assistive
technology devices and assistive
technology services. The system shall
also deliver information on the benefits
of assistive technology devices and
assistive technology services with
respect to enhancing the capacity of
individuals with disabilities to perform
activities of daily living.
``(C) Coordination and collaboration.--The State
shall coordinate activities described in paragraph (2)
and this paragraph, among public and private entities
that are responsible for policies, procedures, or
funding for the provision of assistive technology
devices and assistive technology services to improve
access to such devices and services in the State.
``(4) Funding rules.--
``(A) Prohibition.--Funds made available through a
grant to a State under this section shall not be used
for direct payment for an assistive technology device
for an individual with a disability.
``(B) Federal partner collaboration.--In order to
coordinate efforts regarding the availability of funding
to access and acquire assistive technology through
device demonstration, loan, reuse, and State financing
activities, a State receiving a grant under this section
shall ensure that the lead agency or implementing entity
is conducting outreach to and, as appropriate,
collaborating with, other State agencies that receive
Federal funding for assistive technology, including--
``(i) the State educational agency receiving
assistance under the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.);
``(ii) the State vocational rehabilitation
agency receiving assistance under title I of the
Rehabilitation Act of 1973 (29 U.S.C. 720 et
seq.);
[[Page 136 STAT. 3277]]
``(iii) the agency responsible for
administering the State Medicaid program under
title XIX of the Social Security Act (42 U.S.C.
1396 et seq.);
``(iv) the State agency receiving assistance
under the Older Americans Act of 1965 (42 U.S.C.
3001 et seq.); and
``(v) any other agency in a State that funds
assistive technology.
``(C) Indirect costs.--Not more than 10 percent of
the funds made available through a grant to a State
under this section may be used for indirect costs.
``(5) State flexibility.--
``(A) In general.--Notwithstanding paragraph (1)(A)
and subject to subparagraph (B), a State may use funds
that the State receives under a grant awarded under this
section to carry out any 2 or more of the activities
described in paragraph (2).
``(B) Special rule.--Notwithstanding paragraph
(1)(A), any State that exercises its authority under
subparagraph (A)--
``(i) shall carry out each of the required
activities described in paragraph (3); and
``(ii) shall use not more than 30 percent of
the funds made available through the grant to
carry out such activities.
``(6) Assistive technology device disposition.--
Notwithstanding other equipment disposition policy under Federal
law, an assistive technology device purchased to be used in
activities authorized under this section may be reutilized to
the maximum extent possible and then donated to a public agency,
private nonprofit agency, or individual with a disability in
need of such device.
``(f) Annual Progress Reports.--
``(1) Data collection.--Each State receiving a grant under
this section shall participate in data collection as required by
law, including data collection required for preparation of the
reports described in paragraph (2).
``(2) Reports.--
``(A) In general.--Each State shall prepare and
submit to the Secretary an annual progress report on the
activities carried out by the State in accordance with
subsection (e), including activities funded by State or
other non-Federal sources under subsection (e)(1)(B) at
such time, and in such manner, as the Secretary may
require.
``(B) Contents.--The report shall include data
collected pursuant to this section. The report shall
document, with respect to activities carried out under
this section in the State--
``(i) the type of State financing activities
described in subsection (e)(2)(A) used by the
State;
``(ii) the amount and type of assistance given
to consumers of the State financing activities
described in subsection (e)(2)(A) (which shall be
classified by type of assistive technology device
or assistive technology service financed through
the State financing activities, and geographic
distribution within the State), including--
[[Page 136 STAT. 3278]]
``(I) the number of applications for
assistance received;
``(II) the number of applications--
``(aa) approved;
``(bb) denied; or
``(cc) withdrawn;
``(III) the number, percentage, and
dollar amount of defaults for the
financing activities;
``(IV) the range and average
interest rate for the financing
activities;
``(V) the range and average income
of approved applicants for the financing
activities; and
``(VI) the types and dollar amounts
of assistive technology financed;
``(iii) the number, type, and length of time
of loans of assistive technology devices provided
to individuals with disabilities, employers,
public agencies, or public accommodations through
the device loan program described in subsection
(e)(2)(C), and an analysis of the types of such
devices provided through the program, and how each
device benefitted the individual who received such
device;
``(iv) the number, type, estimated value, and
scope of assistive technology devices exchanged,
repaired, recycled, or reutilized (including
redistributed through device sales, loans,
rentals, or donations) through the device
reutilization program described in subsection
(e)(2)(B), and an analysis of the individuals with
disabilities who have benefited from the device
reutilization program;
``(v) the number and type of device
demonstrations and referrals provided under
subsection (e)(2)(D), and an analysis of
individuals with disabilities who have benefited
from the demonstrations and referrals;
``(vi)(I) the number and general
characteristics of individuals who participated in
educational activities under subsection (e)(3)(A)
(such as individuals with disabilities, parents,
educators, employers, providers of employment
services, health care workers, counselors, other
service providers, or venders) and the topics of
such educational activities; and
``(II) to the extent practicable, the
geographic distribution of individuals who
participated in the educational activities;
``(vii) the frequency of provision and nature
of technical assistance provided to State and
local agencies and other entities;
``(viii) the number of individuals assisted
through the statewide information and referral
system described in subsection (e)(3)(B)(ii) and
descriptions of the public awareness activities
under subsection (e)(3)(B);
``(ix) the outcomes of any improvement
initiatives carried out by the State as a result
of activities funded under this section, including
a description of any written policies, practices,
and procedures that the State has developed and
implemented regarding access to,
[[Page 136 STAT. 3279]]
provision of, and funding for, assistive
technology devices, and assistive technology
services, in the contexts of education, health
care, employment, community living, and accessible
information and communication technology,
including e-government;
``(x) the source of leveraged funding or other
contributed resources, including resources
provided through subcontracts or other
collaborative resource-sharing agreements, from
and with public and private entities to carry out
State activities described in subsection
(e)(3)(C), the number of individuals served with
the contributed resources for which information is
not reported under clauses (i) through (ix) or
clause (xi), and other outcomes accomplished as a
result of such activities carried out with the
contributed resources; and
``(xi) the level of customer satisfaction with
the services provided.
``SEC. 5. GRANTS FOR PROTECTION AND ADVOCACY SERVICES RELATED TO
ASSISTIVE TECHNOLOGY.
``(a) Grants.--
``(1) In general.--The Secretary shall make grants under
subsection (b) to protection and advocacy systems in each State
for the purpose of enabling such systems to assist in the
acquisition, utilization, or maintenance of assistive technology
devices or assistive technology services for individuals with
disabilities.
``(2) General authorities.--In providing the assistance
described under paragraph (1), protection and advocacy systems
shall have the same general authorities as the systems are
afforded under subtitle C of title I of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000 (42
U.S.C. 15041 et seq.).
``(b) Reservation; Distribution.--
``(1) Reservation.--For each fiscal year, the Secretary
shall reserve, from the amounts made available to carry out this
section under section 9(b)(2)(B), such sums as may be necessary
to carry out paragraph (4).
``(2) Population basis.--From the amounts appropriated to
carry out this section for a fiscal year that remain after the
reservation required under paragraph (1) has been made, the
Secretary shall make a grant to a protection and advocacy system
within each State in an amount bearing the same ratio to the
remaining amounts as the population of the State bears to the
population of all States.
``(3) Minimums.--Subject to the availability of
appropriations and paragraph (5), the amount of a grant to a
protection and advocacy system under paragraph (2) for a fiscal
year shall--
``(A) in the case of a protection and advocacy
system located in American Samoa, Guam, the United
States Virgin Islands, or the Commonwealth of the
Northern Mariana Islands, not be less than $30,000; and
``(B) in the case of a protection and advocacy
system located in a State not described in subparagraph
(A), not be less than $50,000.
[[Page 136 STAT. 3280]]
``(4) Payment to the system serving the american indian
consortium.--
``(A) In general.--The Secretary shall make grants
to the protection and advocacy system serving the
American Indian consortium to provide services in
accordance with this section.
``(B) Amount of grants.--The amount of a grant under
subparagraph (A) shall be the same as the amount
provided under paragraph (3)(A).
``(5) Adjustments.--For each fiscal year for which the total
amount appropriated under section 9(b)(2)(B) to carry out this
section is $8,000,000 or more and such appropriated amount
exceeds the total amount appropriated to carry out this section
for the preceding fiscal year, the Secretary shall increase each
of the minimum grant amounts described in subparagraphs (A) and
(B) of paragraph (3) and paragraph (4)(B) by a percentage equal
to the percentage increase in the total amount appropriated
under section 9 to carry out this section for the preceding
fiscal year and such total amount for the fiscal year for which
the determination is being made.
``(c) Direct Payment.--Notwithstanding any other provision of law,
the Secretary shall pay directly to any protection and advocacy system
that complies with this section, the total amount of the grant made for
such system under this section, unless the system provides otherwise for
payment of the grant amount.
``(d) Carryover; Program Income.--
``(1) Carryover.--Any amount paid to a protection and
advocacy system for a fiscal year under this section that
remains unobligated at the end of such fiscal year shall remain
available to such system for obligation during the subsequent
fiscal year.
``(2) Program income.--Program income generated from any
amount paid to a protection and advocacy system for a fiscal
year shall--
``(A) remain available to the protection and
advocacy system for 5 additional fiscal years after the
year in which such amount was paid to the protection and
advocacy system and be considered an addition to the
grant; and
``(B) only be used to improve the awareness of
individuals with disabilities about the accessibility of
assistive technology and assist such individuals in the
acquisition, utilization, or maintenance of assistive
technology devices or assistive technology services.
``(e) Report to Secretary.--A protection and advocacy system that
receives a grant under this section shall annually prepare and submit to
the Secretary a report that contains documentation of the progress of
the protection and advocacy system in--
``(1) conducting consumer-responsive activities, including
activities that will lead to increased access for individuals
with disabilities to funding for assistive technology devices
and assistive technology services;
``(2) engaging in informal advocacy to assist in securing
assistive technology devices and assistive technology services
for individuals with disabilities;
``(3) engaging in formal representation for individuals with
disabilities to secure systems change, and in advocacy
activities
[[Page 136 STAT. 3281]]
to secure assistive technology devices and assistive technology
services for individuals with disabilities;
``(4) <<NOTE: Strategies.>> developing and implementing
strategies to enhance the long-term abilities of individuals
with disabilities and their family members, guardians,
advocates, and authorized representatives to advocate the
provision of assistive technology devices and assistive
technology services to which the individuals with disabilities
are entitled under law other than this Act;
``(5) <<NOTE: Coordination.>> coordinating activities with
protection and advocacy services funded through sources other
than this Act, and coordinating activities with the capacity
building and advocacy activities carried out by the lead agency;
and
``(6) effectively allocating funds made available under this
section to improve the awareness of individuals with
disabilities about the accessibility of assistive technology and
assist such individuals in the acquisition, utilization, or
maintenance of assistive technology devices or assistive
technology services.
``(f) Reports and Updates to State Agencies.--A protection and
advocacy system that receives a grant under this section shall prepare
and submit to the lead agency of the State designated under section
4(c)(1) the report described in subsection (e) and quarterly updates
concerning the activities described in such subsection.
``(g) Coordination.--On making a grant under this section to a
protection and advocacy system in a State, the Secretary shall solicit
and consider the opinions of the lead agency of the State with respect
to efforts at coordination of activities, collaboration, and promoting
outcomes between the lead agency and the protection and advocacy system
that receives the grant under this section.
``SEC. 6. TECHNICAL ASSISTANCE AND DATA COLLECTION SUPPORT.
``(a) Definitions.--In this section:
``(1) Qualified data collection and reporting entity.--The
term `qualified data collection and reporting entity' means an
entity with demonstrated expertise in data collection and
reporting as described in section 4(f)(2)(B), in order to--
``(A) provide recipients of grants under this Act
with instruction and technical assistance; and
``(B) assist such recipients with data collection
and data requirements.
``(2) Qualified protection and advocacy system technical
assistance provider.--The term `qualified protection and
advocacy system technical assistance provider' means an entity
that has experience in--
``(A) working with protection and advocacy systems
established in accordance with section 143 of the
Developmental Disabilities Assistance and Bill of Rights
Act of 2000 (42 U.S.C. 15043); and
``(B) providing technical assistance to protection
and advocacy agencies.
``(3) Qualified technical assistance provider.--The term
`qualified technical assistance provider' means an entity with
demonstrated expertise in assistive technology and that has
(directly or through grant or contract)--
[[Page 136 STAT. 3282]]
``(A) experience and expertise in administering
programs, including developing, implementing, and
administering all of the activities described in section
4(e); and
``(B) documented experience in and knowledge about--
``(i) assistive technology device loan and
demonstration;
``(ii) assistive technology device reuse;
``(iii) financial loans and microlending,
including the activities of alternative financing
programs for assistive technology; and
``(iv) State leadership activities.
``(b) Technical Assistance and Data Collection Support Authorized.--
``(1) Support for assistive technology educational
activities and technical assistance.--From amounts made
available under section 9(b)(1), the Secretary shall award, on a
competitive basis, grants, contracts, or cooperative
agreements--
``(A) to qualified technical assistance providers to
support activities described in subsection (d)(1) for
States receiving grants under section 4; and
``(B) to qualified protection and advocacy system
technical assistance providers to support activities
described in subsection (d)(1) for protection and
advocacy systems receiving grants under section 5.
``(2) Support for data collection and reporting
assistance.--From amounts made available under section 9(b)(1),
the Secretary shall award, on a competitive basis, grants,
contracts, or cooperative agreements--
``(A) to qualified data collection and reporting
entities, to enable the qualified data collection and
reporting entities to carry out the activities described
in subsection (d)(2) for States receiving grants under
section 4; and
``(B) to qualified protection and advocacy system
technical assistance providers, to enable the providers
to carry out the activities described in subsection
(d)(2) for protection and advocacy systems receiving
grants under section 5.
``(c) Application.--
``(1) In general.--To be eligible to receive a grant,
contract, or cooperative agreement under this section, an entity
shall submit an application to the Secretary at such time, in
such manner, and containing the following information:
``(A) A description of the activities such entity
will carry out with the grant, contract, or cooperative
agreement under subsection (d).
``(B) A description of the expertise such entity has
to carry out such activities.
``(C) In the case of an entity applying to receive a
grant, contract, or cooperative agreement under
subsection (b)(1), a description of such entity's plan
for complying with the requirements described in
subsection (d)(1)(B).
``(D) A description of such entity's plan to comply
with all relevant State and Federal laws, regulations,
and policies with respect to data privacy and security.
``(E) Such other information as the Secretary may
require.
[[Page 136 STAT. 3283]]
``(2) Input.--In developing grants, contracts, or
cooperative agreements under this section, the Secretary shall
consider the input of the recipients of grants under sections 4
and 5 and other individuals the Secretary determines to be
appropriate, especially--
``(A) individuals with disabilities who use
assistive technology and understand the barriers to the
acquisition of such technology and assistive technology
services;
``(B) family members, guardians, advocates, and
authorized representatives of such individuals;
``(C) relevant employees from Federal departments
and agencies, other than the Department of Health and
Human Services;
``(D) representatives of businesses; and
``(E) venders and public and private researchers and
developers.
``(d) Authorized Activities.--
``(1) Use of funds for assistive technology technical
assistance.--
``(A) Technical assistance efforts.--A qualified
technical assistance provider or qualified protection
and advocacy system technical assistance provider
receiving a grant, contract, or cooperative agreement
under subsection (b)(1) shall support a technical
assistance program for States or protection and advocacy
systems receiving a grant under section 4 or 5,
respectively, that--
``(i) addresses State-specific information
requests concerning assistive technology from
entities funded under this Act and public entities
not funded under this Act, including--
``(I) effective approaches to
Federal-State coordination of programs
for individuals with disabilities
related to improving funding for or
access to assistive technology devices
and assistive technology services for
individuals with disabilities;
``(II) model State and local laws,
regulations, policies, practices,
procedures, and organizational
structures, that facilitate, and
overcome barriers to, funding for, and
access to, assistive technology devices
and assistive technology services;
``(III) effective approaches to
developing, implementing, evaluating,
and sustaining activities described in
section 4 or 5, as the case may be, and
related to improving acquisition and
access to assistive technology devices
and assistive technology services for
individuals with disabilities, and
requests for assistance in developing
corrective action plans;
``(IV) policies, practices,
procedures, regulations, or judicial
decisions related to access to and
acquisition of assistive technology
devices and assistive technology
services for individuals with
disabilities;
``(V) effective approaches to the
development of consumer-controlled
systems that increase access to, funding
for, and awareness of, assistive
[[Page 136 STAT. 3284]]
technology devices and assistive
technology services; and
``(VI) other requests for
information and technical assistance
from entities funded under this Act; and
``(ii) in the case of a program that will
serve States receiving grants under section 4--
``(I) assists targeted individuals
and entities by disseminating
information and responding to requests
relating to assistive technology by
providing referrals to recipients of
grants under section 4 or other public
or private resources; and
``(II) provides State-specific,
regional, and national technical
assistance concerning assistive
technology to entities funded under this
Act, and public and private entities not
funded under this Act, including--
``(aa) annually providing a
forum for exchanging information
concerning, and promoting
program and policy improvements
in, required activities of the
State assistive technology
programs;
``(bb) facilitating onsite
and electronic information
sharing using state-of-the-art
internet technologies such as
real-time online discussions,
multipoint video conferencing,
and web-based audio or video
broadcasts, on emerging topics
that affect State assistive
technology programs;
``(cc) convening experts
from State assistive technology
programs to discuss and make
recommendations with regard to
national emerging issues of
importance to individuals with
assistive technology needs;
``(dd) sharing best practice
and evidence-based practices
among State assistive technology
programs;
``(ee) developing or
maintaining an accessible,
national, and public website
that includes information,
tools, and resources on
assistive technology devices and
assistive technology services
and links to State assistive
technology programs, appropriate
Federal departments and
agencies, and private resources;
``(ff) developing a resource
that connects individuals from a
State with the State assistive
technology program in their
State;
``(gg) providing access to
experts in the State-level
activities described in section
4(e)(2) through site visits,
teleconferences, and other
means, to ensure access to
information for entities that
are carrying out new programs or
programs that are not making
progress in achieving the
objectives of the programs; and
[[Page 136 STAT. 3285]]
``(hh) supporting and
coordinating activities designed
to reduce the financial costs of
purchasing assistive technology
for the activities described in
section 4(e), and reducing
duplication of activities among
State assistive technology
programs.
``(B) Collaboration.--In developing and providing
technical assistance under this paragraph, a qualified
technical assistance provider or qualified protection
and advocacy system technical assistance provider
receiving a grant, contract, or cooperative agreement
under subsection (b)(1) shall--
``(i) collaborate with--
``(I) organizations representing
individuals with disabilities;
``(II) national organizations
representing State assistive technology
programs;
``(III) organizations representing
State officials and agencies engaged in
the delivery of assistive technology;
``(IV) other qualified protection
and advocacy system technical assistance
providers and qualified technical
assistance providers;
``(V) providers of State financing
activities, including alternative
financing programs for assistive
technology;
``(VI) providers of device loans,
device demonstrations, and device
reutilization; and
``(VII) any other organizations
determined appropriate by the provider
or the Secretary; and
``(ii) in the case of a qualified technical
assistance provider, include activities identified
as priorities by State advisory councils and lead
agencies and implementing entities for grants
under section 4.
``(2) Use of funds for assistive technology data collection
and reporting assistance.--A qualified data collection and
reporting entity or a qualified protection and advocacy system
technical assistance provider receiving a grant, contract, or
cooperative agreement under subsection (b)(2) shall assist
States or protection and advocacy systems receiving a grant
under section 4 or 5, respectively, to develop and implement
effective and accessible data collection and reporting systems
that--
``(A) focus on quantitative and qualitative data
elements;
``(B) help measure the impact of the activities to
individuals who need assistive technology;
``(C) in the case of systems that will serve States
receiving grants under section 4--
``(i) measure the outcomes of all activities
described in section 4(e) and the progress of the
States toward achieving the measurable goals
described in section 4(d)(3)(C); and
``(ii) provide States with the necessary
information required under this Act or by the
Secretary for reports described in section
4(f)(2); and
[[Page 136 STAT. 3286]]
``(D) are in full compliance with all relevant State
and Federal laws, regulations, and policies with respect
to data privacy and security.
``SEC. 7. PROJECTS OF NATIONAL SIGNIFICANCE.
``(a) Definition of Project of National Significance.--In this
section, the term `project of national significance'--
``(1) means a project that--
``(A) increases access to, and acquisition of,
assistive technology; and
``(B) creates opportunities for individuals with
disabilities to directly and fully contribute to, and
participate in, all facets of education, employment,
community living, and recreational activities; and
``(2) may--
``(A) develop and expand partnerships between State
Medicaid agencies and recipients of grants under section
4 to reutilize durable medical equipment;
``(B) increase collaboration between the recipients
of grants under section 4 and States receiving grants
under the Money Follows the Person Rebalancing
Demonstration under section 6071 of the Deficit
Reduction Act of 2005 (42 U.S.C. 1396a note);
``(C) increase collaboration between recipients of
grants under section 4 and area agencies on aging, as
such term is defined in section 102 of the Older
Americans Act of 1965 (42 U.S.C. 3002), which may
include collaboration on emergency preparedness, safety
equipment, or assistive technology toolkits;
``(D) provide aid to assist youth with disabilities
to transition from school to adult life, especially in--
``(i) finding employment and postsecondary
education opportunities; and
``(ii) upgrading and changing any assistive
technology devices that may be needed as a youth
matures;
``(E) increase access to and acquisition of
assistive technology addressing the needs of aging
individuals and aging caregivers in the community;
``(F) increase effective and efficient use of
assistive technology as part of early intervention for
infants and toddlers with disabilities from birth to age
3;
``(G) increase awareness of and access to the
Disability Funds-Financial Assistance funding provided
by the Community Development Financial Institutions Fund
that supports acquisition of assistive technology; and
``(H) increase awareness of and access to assistive
technology, such as through models described in
subclauses (I) through (IV) of section 4(e)(2)(A)(iii)
and other Federally funded disability programs.
``(b) Projects Authorized.--If funds are available pursuant to
section 9(c) to carry out this section for a fiscal year, the Secretary
may award, on a competitive basis, grants, contracts, and cooperative
agreements to public or private nonprofit entities to enable the
entities to carry out projects of national significance.
``(c) Application.--A public or private nonprofit entity desiring a
grant under this section shall submit an application to the Secretary at
such time, in such manner, and containing a description
[[Page 136 STAT. 3287]]
of the project of national significance the entity proposes to carry out
under this section.
``(d) Award Preference.--For each grant award period, the Secretary
may give preference for 1 or more categories of projects of national
significance described in subparagraphs (A) through (H) of subsection
(a)(2).
``(e) Minimum Funding Level Required.--The Secretary may only award
grants, contracts, or cooperative agreements under this section if the
amount made available under section 9 to carry out sections 4, 5, and 6
is equal to or greater than $49,000,000.
``SEC. 8. ADMINISTRATIVE PROVISIONS.
``(a) General Administration.--
``(1) In general.--Notwithstanding any other provision of
law, the Administrator of the Administration for Community
Living of the Department of Health and Human Services (referred
to in this section as the `Administrator') shall be responsible
for the administration of this Act.
``(2) <<NOTE: Consultation.>> Collaboration.--The
Administrator shall consult with the Office of Special Education
Programs of the Department of Education, the Rehabilitation
Services Administration of the Department of Education, the
Office of Disability Employment Policy of the Department of
Labor, and other appropriate Federal entities in the
administration of this Act.
``(3) Administration.--
``(A) In general.--In administering this Act, the
Administrator shall ensure that programs funded under
this Act will address--
``(i) the needs of individuals with all types
of disabilities and across the lifespan; and
``(ii) the use of assistive technology in all
potential environments, including employment,
education, and community living.
``(B) Funding limitations.--For each fiscal year,
not more than \1/2\ of 1 percent of the total funding
appropriated for this Act shall be used by the
Administrator to support the administration of this Act.
``(b) Review of Participating Entities.--
``(1) <<NOTE: Assessment.>> In general.--The Secretary
shall assess the extent to which entities that receive grants
under this Act are complying with the applicable requirements of
this Act and achieving measurable goals that are consistent with
the requirements of the grant programs under which the entities
received the grants.
``(2) Provision of information.--To assist the Secretary in
carrying out the responsibilities of the Secretary under this
section, the Secretary may require States to provide relevant
information, including the information required under subsection
(d).
``(c) Corrective Action and Sanctions.--
``(1) <<NOTE: Determination. Deadline.>> Corrective
action.--If the Secretary determines that an entity that
receives a grant under this Act fails to substantially comply
with the applicable requirements of this Act, or to make
substantial progress toward achieving the measurable goals
described in subsection (b)(1) with respect to the grant
program, the Secretary shall assist the entity, through
technical assistance funded under section 6 or other means,
[[Page 136 STAT. 3288]]
within 90 days after such determination, to develop a corrective
action plan.
``(2) Sanctions.--If the entity fails to develop and comply
with a corrective action plan described in paragraph (1) during
a fiscal year, the entity shall be subject to 1 of the following
corrective actions selected by the Secretary:
``(A) Partial or complete termination of funding
under the grant program, until the entity develops and
complies with such a plan.
``(B) Ineligibility to participate in the grant
program in the following fiscal year.
``(C) Reduction in the amount of funding that may be
used for indirect costs under section 4 for the
following fiscal year.
``(D) Required redesignation of the lead agency
designated under section 4(c)(1) or an entity
responsible for administering the grant program.
``(3) Appeals procedures.--The Secretary shall establish
appeals procedures for entities that are determined to be in
noncompliance with the applicable requirements of this Act, or
have not made substantial progress toward achieving the
measurable goals described in subsection (b)(1).
``(4) Secretarial action.--As part of the annual report
required under subsection (d), the Secretary shall describe each
such action taken under paragraph (1) or (2) and the outcomes of
each such action.
``(5) <<NOTE: Deadline.>> Public notification.--Not later
than 30 days after taking an action under paragraph (1) or (2),
the Secretary shall notify the public, by posting on an easily
accessible portion of the internet website of the Department of
Health and Human Services, notification of each action taken by
the Secretary under paragraph (1) or (2). As a part of such
notification, the Secretary shall describe each such action
taken under paragraph (1) or (2) and the outcomes of each such
action.
``(d) Annual Report to Congress.--
``(1) In general.--Not later than December 31 of each year,
the Secretary shall prepare and submit to the President, the
Committee on Health, Education, Labor, and Pensions of the
Senate, and the Committee on Education and Labor of the House of
Representatives a report on the activities funded under this Act
to improve the access of assistive technology devices and
assistive technology services to individuals with disabilities.
``(2) <<NOTE: Summaries.>> Contents.--Each report described
in paragraph (1) shall include--
``(A) a compilation and summary of the information
provided by the States in annual progress reports
submitted under section 4(f); and
``(B) a summary of the State applications described
in section 4(d) and an analysis of the progress of the
States in meeting the measurable goals established in
State applications under section 4(d)(3)(C).
``(e) Construction.--Nothing in this section shall be construed to
affect the enforcement authority of the Secretary, another Federal
officer, or a court under any other applicable law.
``(f) Effect on Other Assistance.--This Act may not be construed as
authorizing a Federal or State agency to reduce medical
[[Page 136 STAT. 3289]]
or other assistance available, or to alter eligibility for a benefit or
service, under any other Federal law.
``SEC. 9. <<NOTE: 29 USC 3008.>> AUTHORIZATION OF APPROPRIATIONS;
RESERVATIONS AND DISTRIBUTION OF FUNDS.
``(a) In General.--There are authorized to be appropriated to carry
out this Act--
``(1) $44,000,000 for fiscal year 2023;
``(2) $45,980,000 for fiscal year 2024;
``(3) $48,049,100 for fiscal year 2025;
``(4) $50,211,310 for fiscal year 2026; and
``(5) $52,470,819 for fiscal year 2027.
``(b) Reservations and Distribution of Funds.--Subject to subsection
(c), for each fiscal year for which funds are made available under
subsection (a) to carry out this Act, the Secretary shall--
``(1) reserve an amount equal to 3 percent of the funds made
available for each such fiscal year to carry out paragraphs (1)
and (2) of section 6(b); and
``(2) from the amounts remaining after making the
reservation under paragraph (1)--
``(A) use 85.5 percent of such amounts to carry out
section 4; and
``(B) use 14.5 percent of such amounts to carry out
section 5.
``(c) Limit for Projects of National Significance.--For any fiscal
year for which the amount made available under subsection (a) exceeds
$49,000,000 the Secretary may--
``(1) reserve for section 7, an amount of such available
funds that does not exceed the lesser of--
``(A) the excess amount made available; or
``(B) $2,000,000; and
``(2) make the reservation under paragraph (1) before
carrying out subsection (b).''.
SEC. 5403. <<NOTE: 29 USC 3001 note.>> EFFECTIVE DATE.
This title, and the amendments made by this title, shall take effect
on the day that is 6 months after the date of enactment of this Act.
TITLE LV--FOREIGN AFFAIRS MATTERS
TITLE LV--FOREIGN AFFAIRS MATTERS
Subtitle A--Taiwan Enhanced Resilience Act
Sec. 5501. Short title.
Part 1--Implementation of an Enhanced Defense Partnership Between the
United States and Taiwan
Sec. 5502. Modernizing Taiwan's security capabilities to deter and, if
necessary, defeat aggression by the People's Republic of
China.
Sec. 5503. Increase in annual regional contingency stockpile additions
and support for Taiwan.
Sec. 5504. International military education and training cooperation
with Taiwan.
Sec. 5505. Additional authorities to support Taiwan.
Sec. 5506. Multi-year plan to fulfill defensive requirements of military
forces of Taiwan.
Sec. 5507. Fast-tracking sales to Taiwan under Foreign Military Sales
program.
Sec. 5508. Arms exports delivery solutions for Taiwan and United States
allies in the Indo-Pacific.
Sec. 5509. Assessment of Taiwan's needs for civilian defense and
resilience.
[[Page 136 STAT. 3290]]
Sec. 5510. Annual report on Taiwan defensive military capabilities and
intelligence support.
Sec. 5511. Findings and statement of policy.
Sec. 5512. Sense of Congress on Taiwan defense relations.
Part 2--Countering People's Republic of China's Coercion and Influence
Campaigns
Sec. 5513. Strategy to respond to influence and information operations
targeting Taiwan.
Sec. 5514. Task force to counter economic coercion by the People's
Republic of China.
Sec. 5515. China censorship monitor and action group.
Part 3--Inclusion of Taiwan in International Organizations
Sec. 5516. Findings.
Sec. 5517. Sense of Congress on Taiwan's meaningful participation in the
international community.
Sec. 5518. Strategy to support Taiwan's meaningful participation in
international organizations.
Sec. 5519. Meaningful participation of Taiwan in the International Civil
Aviation Organization.
Part 4--Miscellaneous Provisions
Sec. 5520. Report on Taiwan Travel Act.
Sec. 5521. Amendments to the Taiwan Allies International Protection and
Enhancement Initiative (Taipei) Act of 2019.
Sec. 5522. Report on role of People's Republic of China's nuclear threat
in escalation dynamics.
Sec. 5523. Report analyzing the impact of Russia's war against Ukraine
on the objectives of the People's Republic of China with
respect to Taiwan.
Sec. 5524. Expanding United States-Taiwan development cooperation.
Sec. 5525. Sense of congress on expanding United States economic
relations with Taiwan.
Part 5--Supporting United States Educational and Exchange Programs With
Taiwan
Sec. 5526. Short title.
Sec. 5527. Findings.
Sec. 5528. Purposes.
Sec. 5529. Definitions.
Sec. 5530. Taiwan Fellowship Program.
Sec. 5531. Reports and audits.
Sec. 5532. Taiwan fellows on detail from government service.
Sec. 5533. Funding.
Sec. 5534. Study and report.
Sec. 5535. Supporting United States educational and exchange programs
with Taiwan.
Part 6--United States-Taiwan Public Health Protection
Sec. 5536. Short title.
Sec. 5537. Definitions.
Sec. 5538. Study on an infectious disease monitoring center.
Part 7--Rules of Construction
Sec. 5539. Rule of construction.
Sec. 5540. Rule of construction regarding the use of military force.
Subtitle B--United States-Ecuador Partnership Act of 2022
Sec. 5541. Short title.
Sec. 5542. Sense of Congress.
Sec. 5543. Facilitating economic and commercial ties.
Sec. 5544. Promoting inclusive economic development.
Sec. 5545. Combating illicit economies, corruption, and negative foreign
influence.
Sec. 5546. Strengthening democratic governance.
Sec. 5547. Fostering conservation and stewardship.
Sec. 5548. Authorization to transfer excess Coast Guard vessels.
Sec. 5549. Reporting requirements.
Sec. 5550. Sunset.
Subtitle C--FENTANYL Results Act
Sec. 5551. Short title.
[[Page 136 STAT. 3291]]
Sec. 5552. Prioritization of efforts of the Department of State to
combat international trafficking in covered synthetic drugs.
Sec. 5553. Program to provide assistance to build the capacity of
foreign law enforcement agencies with respect to covered
synthetic drugs.
Sec. 5554. Exchange program on demand reduction matters relating to
illicit use of covered synthetic drugs.
Sec. 5555. Amendments to international narcotics control program.
Sec. 5556. Sense of Congress.
Sec. 5557. Rule of construction.
Sec. 5558. Definitions.
Subtitle D--International Pandemic Preparedness
Sec. 5559. Short title.
Sec. 5560. Definitions.
Sec. 5561. Enhancing the United States' international response to
pandemics.
Sec. 5562. International pandemic prevention and preparedness.
Sec. 5563. Financial Intermediary Fund for Pandemic Prevention,
Preparedness, and Response.
Sec. 5564. General provisions.
Sec. 5565. Sunset.
Sec. 5566. Rule of construction.
Subtitle E--Burma Act of 2022
Sec. 5567. Short title.
Sec. 5568. Definitions.
Part 1--Matters Relating to the Conflict in Burma
Sec. 5569. Statement of policy.
Part 2--Sanctions and Policy Coordination With Respect to Burma
Sec. 5570. Definitions.
Sec. 5571. Imposition of sanctions with respect to human rights abuses
and perpetration of a coup in Burma.
Sec. 5572. Sanctions and policy coordination for Burma.
Sec. 5573. Support for greater United Nations action with respect to
Burma.
Sec. 5574. Sunset.
Part 3--Authorizations of Appropriations for Assistance for Burma
Sec. 5575. General authorization of appropriations.
Sec. 5576. Limitations.
Sec. 5577. Appropriate congressional committees defined.
Part 4--Efforts Against Human Rights Abuses
Sec. 5578. Authorization to provide technical assistance for efforts
against human rights abuses.
Part 5--Sanctions Exception Relating to Importation of Goods
Sec. 5579. Sanctions exception relating to importation of goods.
Subtitle F--Promotion of Freedom of Information and Countering of
Censorship and Surveillance in North Korea
Sec. 5580. Short title.
Sec. 5581. Findings; sense of Congress.
Sec. 5582. Statement of policy.
Sec. 5583. United States strategy to combat North Korea's repressive
information environment.
Sec. 5584. Promoting freedom of information and countering censorship
and surveillance in North Korea.
Subtitle G--Other Matters
Sec. 5585. Congressional notification for rewards paid using
cryptocurrencies.
Sec. 5586. Secure access to sanitation facilities for women and girls.
Sec. 5587. Reauthorization of the Tropical Forest and Coral Reef
Conservation Act of 1998.
Sec. 5588. Global Food Security Reauthorization Act of 2022.
Sec. 5589. Extension and modification of certain export controls.
Sec. 5590. Imposition of sanctions with respect to the sale, supply, or
transfer of gold to or from Russia.
Sec. 5591. Renegotiation of Compacts of Free Association.
[[Page 136 STAT. 3292]]
Sec. 5592. Secretary of State assistance for prisoners in Islamic
Republic of Iran.
Sec. 5593. Iran Nuclear Weapons Capability and Terrorism Monitoring Act
of 2022.
Subtitle H--Reports
Sec. 5594. Modification to peacekeeping operations report.
Sec. 5595. Report on Indo-Pacific region.
Sec. 5596. Report on humanitarian situation and food security in
Lebanon.
Sec. 5597. Statement of policy and report on engaging with Niger.
Sec. 5598. Report on bilateral security and law enforcement cooperation
with Mexico.
Sec. 5599. Report on Chinese support to Russia with respect to its
unprovoked invasion of and full-scale war against Ukraine.
Sec. 5599A. Feasibility study on United States support for and
participation in the international counterterrorism academy
in Cote d'Ivoire.
Sec. 5599B. Consultations on reuniting Korean Americans with family
members in North Korea.
Subtitle I--Sense of Congress Provisions
Sec. 5599C. Sense of Congress regarding the status of China.
Sec. 5599D. Sense of Congress regarding Israel.
Sec. 5599E. Sense of Congress relating to the NATO Parliamentary
Assembly.
Sec. 5599F. Condemning detention and indictment of Russian opposition
leader Vladimir Vladimirovich Kara-Murza.
Sec. 5599G. Sense of Congress regarding development of nuclear weapons
by Iran.
Subtitle A <<NOTE: Taiwan Enhanced Resilience Act.>> --Taiwan Enhanced
Resilience Act
SEC. 5501. <<NOTE: 22 USC 3351 note.>> SHORT TITLE.
This subtitle may be cited as the ``Taiwan Enhanced Resilience
Act''.
PART 1--IMPLEMENTATION OF AN ENHANCED DEFENSE PARTNERSHIP BETWEEN THE
UNITED STATES AND TAIWAN
SEC. 5502. <<NOTE: 22 USC 3351.>> MODERNIZING TAIWAN'S SECURITY
CAPABILITIES TO DETER AND, IF NECESSARY,
DEFEAT AGGRESSION BY THE PEOPLE'S
REPUBLIC OF CHINA.
(a) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Armed Services of the Senate;
(3) the Committee on Appropriations of the Senate;
(4) the Committee on Foreign Affairs of the House of
Representatives;
(5) the Committee on Armed Services of the House of
Representatives; and
(6) the Committee on Appropriations of the House of
Representatives.
(b) Taiwan Security Programs.--The Secretary of State, in
consultation with the Secretary of Defense, shall use the authorities
under this section to strengthen the United States-Taiwan defense
relationship, and to support the acceleration of the modernization of
Taiwan's defense capabilities, consistent with the Taiwan Relations Act
(Public Law 96-8).
(c) Purpose.--In addition to the purposes otherwise authorized for
Foreign Military Financing programs under the Arms Export
[[Page 136 STAT. 3293]]
Control Act (22 U.S.C. 2751 et seq.), a purpose of the Foreign Military
Financing Program should be to provide assistance, including equipment,
training, and other support, to build the civilian and defensive
military capabilities of Taiwan--
(1) to accelerate the modernization of capabilities that
will enable Taiwan to delay, degrade, and deny attempts by
People's Liberation Army forces--
(A) to conduct coercive or grey zone activities;
(B) to blockade Taiwan; or
(C) to secure a lodgment on any islands administered
by Taiwan and expand or otherwise use such lodgment to
seize control of a population center or other key
territory in Taiwan; and
(2) to prevent the People's Republic of China from
decapitating, seizing control of, or otherwise neutralizing or
rendering ineffective Taiwan's civilian and defense leadership.
(d) Regional Contingency Stockpile.--Of the amounts authorized to be
appropriated pursuant to subsection (h), not more than $100,000,000 may
be used during each of the fiscal years 2023 through 2032 to maintain a
stockpile (if established pursuant to section 5503(b)), in accordance
with section 514 of the Foreign Assistance Act of 1961 (22 U.S.C.
2321h).
(e) Availability of Funds.--
(1) <<NOTE: Deadlines.>> Annual spending plan.--Not later
than March 1, 2023, and annually thereafter, the Secretary of
State, in coordination with the Secretary of Defense, shall
submit a plan to the appropriate congressional committees
describing how amounts authorized to be appropriated pursuant to
subsection (h), if made available, would be used to achieve the
purpose described in subsection (c).
(2) Certification.--
(A) In general.--Amounts authorized to be
appropriated for each fiscal year pursuant to subsection
(h) are authorized to be made available after the
Secretary of State, in coordination with the Secretary
of Defense, certifies not less than annually to the
appropriate committees of Congress that Taiwan has
increased its defense spending relative to Taiwan's
defense spending in its prior fiscal year, which
includes support for an asymmetric strategy, excepting
accounts in Taiwan's defense budget related to personnel
expenditures, (other than military training and
education and any funding related to the All-Out Defense
Mobilization Agency).
(B) Waiver.--The Secretary of State may waive the
certification requirement under subparagraph (A) if the
Secretary, in consultation with the Secretary of
Defense, certifies to the appropriate congressional
committees that for any given year--
(i) Taiwan is unable to increase its defense
spending relative to its defense spending in its
prior fiscal year due to severe hardship; and
(ii) making available the amounts authorized
under subparagraph (A) is in the national
interests of the United States.
(3) Remaining funds.--Amounts authorized to be appropriated
for a fiscal year pursuant to subsection (h) that are not
obligated and expended during such fiscal year shall be
[[Page 136 STAT. 3294]]
added to the amount that may be used for Foreign Military
Financing to Taiwan in the subsequent fiscal year.
(f) Annual Report on Advancing the Defense of Taiwan.--
(1) Initial report.--Concurrently with the first
certification required under subsection (e)(2), the Secretary of
State and the Secretary of Defense shall jointly submit a report
to the appropriate congressional committees that describes steps
taken to enhance the United States-Taiwan defense relationship
and Taiwan's modernization of its defense capabilities.
(2) <<NOTE: Assessments.>> Matters to be included.--Each
report required under paragraph (1) shall include--
(A) an assessment of the commitment of Taiwan to
implement a military strategy that will deter and, if
necessary, defeat military aggression by the People's
Republic of China, including the steps that Taiwan has
taken and the steps that Taiwan has not taken towards
such implementation;
(B) an assessment of the efforts of Taiwan to
acquire and employ within its forces counterintervention
capabilities, including--
(i) long-range precision fires;
(ii) integrated air and missile defense
systems;
(iii) anti-ship cruise missiles;
(iv) land-attack cruise missiles;
(v) coastal defense;
(vi) anti-armor;
(vii) undersea warfare, including manned and
unmanned systems;
(viii) survivable swarming maritime assets;
(ix) manned and unmanned aerial systems;
(x) mining and countermining capabilities;
(xi) intelligence, surveillance, and
reconnaissance capabilities;
(xii) command and control systems;
(xiii) defensive cybersecurity capabilities;
and
(xiv) any other defense capabilities that the
United States determines, including jointly with
Taiwan, are crucial to the defense of Taiwan,
consistent with the joint consultative mechanism
with Taiwan created pursuant to section 5506;
(C) <<NOTE: Evaluation.>> an evaluation of the
balance between conventional and counter intervention
capabilities in the defense force of Taiwan as of the
date on which the report is submitted;
(D) an assessment of steps taken by Taiwan to
enhance the overall readiness of its defense forces,
including--
(i) the extent to which Taiwan is requiring
and providing regular and relevant training to
such forces;
(ii) the extent to which such training is
realistic to the security environment that Taiwan
faces; and
(iii) the sufficiency of the financial and
budgetary resources Taiwan is putting toward
readiness of such forces;
(E) an assessment of steps taken by Taiwan to ensure
that the Taiwan's reserve forces and All-Out Defense
Mobilization Agency can recruit, train, equip, and
mobilize its forces;
(F) <<NOTE: Evaluation.>> an evaluation of--
[[Page 136 STAT. 3295]]
(i) the severity of manpower shortages in the
military of Taiwan, including in the reserve
forces;
(ii) the impact of such shortages in the event
of a conflict scenario; and
(iii) the efforts made by Taiwan to address
such shortages;
(G) an assessment of the efforts made by Taiwan to
boost its civilian defenses, including any informational
campaigns to raise awareness among the population of
Taiwan of the risks Taiwan faces;
(H) an assessment of the efforts made by Taiwan to
secure its critical infrastructure, including in
transportation, telecommunications networks, satellite
communications, and energy;
(I) an assessment of the efforts made by Taiwan to
enhance its cybersecurity, including the security and
survivability of official civilian and military
networks;
(J) an assessment of the efforts made by Taiwan to
improve the image and prestige of its defense forces
among the population of Taiwan;
(K) an assessment of any significant gaps in any of
the matters described in subparagraphs (A) through (J)
with respect to which the United States assesses that
additional action is needed;
(L) a description of cooperative efforts between the
United States and Taiwan on the matters described in
subparagraphs (A) through (K); and
(M) a description of any challenge in Taiwan to--
(i) implement the matters described in
subparagraphs (A) through (J); or
(ii) United States support or engagement with
regard to such matters.
(3) Subsequent reports.--Concurrently with subsequent
certifications required under subsection (e)(2), the Secretary
of State and the Secretary of Defense shall jointly submit
updates to the initial report required under paragraph (1) that
provides a description of changes and developments that occurred
in the prior year.
(4) Form.--The reports required under paragraphs (1) and (3)
shall be submitted in an unclassified form, but may contain a
classified annex.
(5) Sharing of summary.--The Secretary of State and the
Secretary of Defense shall jointly share any unclassified
portions of the reports, pursuant to paragraph (4), with Taiwan,
as appropriate.
(g) Foreign Military Financing Loan and Loan Guarantee Authority.--
(1) Direct loans.--
(A) In general.--Notwithstanding section 23(c)(1) of
the Arms Export Control Act (22 U.S.C. 2763), during
fiscal years 2023 through 2027, the Secretary of State
is authorized to make direct loans available for Taiwan
pursuant to section 23 of such Act.
(B) Maximum obligations.--Gross obligations for the
principal amounts of loans authorized under subparagraph
(A) may not exceed $2,000,000,000.
(C) Source of funds.--
[[Page 136 STAT. 3296]]
(i) Defined term.--In this subparagraph, the
term ``cost''--
(I) has the meaning given such term
in section 502(5) of the Congressional
Budget Act of 1974 (2 U.S.C. 661a(5));
(II) shall include the cost of
modifying a loan authorized under
subparagraph (A); and
(III) may include the costs of
selling, reducing, or cancelling any
amounts owed to the United States or to
any agency of the United States.
(ii) In general.--Amounts authorized to be
appropriated pursuant to subsection (g) may be
made available to pay for the cost of loans
authorized under subparagraph (A).
(D) Fees authorized.--
(i) In general.--The Government of the United
States may charge processing and origination fees
for a loan made pursuant to subparagraph (A), not
to exceed the cost to the Government of making
such loan, which shall be collected from borrowers
through a financing account (as defined in section
502(7) of the Congressional Budget Act of 1974 (2
U.S.C. 661a(7)).
(ii) Limitation on fee payments.--Amounts made
available under any appropriations Act for any
fiscal year may not be used to pay any fees
associated with a loan authorized under
subparagraph (A).
(E) <<NOTE: Deadline. Time period.>> Repayment.--
Loans made pursuant to subparagraph (A) shall be repaid
not later than 12 years after the loan is received by
the borrower, including a grace period of not more than
1 year on repayment of principal.
(F) Interest.--
(i) <<NOTE: Determination.>> In general.--
Notwithstanding section 23(c)(1) of the Arms
Export Control Act (22 U.S.C. 2763(c)(1)),
interest for loans made pursuant to subparagraph
(A) may be charged at a rate determined by the
Secretary of State, except that such rate may not
be less than the prevailing interest rate on
marketable Treasury securities of similar
maturity.
(ii) Treatment of loan amounts used to pay
interest.--Amounts made available under this
paragraph for interest costs shall not be
considered assistance for the purposes of any
statutory limitation on assistance to a country.
(2) Loan guarantees.--
(A) In general.--Amounts authorized to be
appropriated pursuant to subsection (g) may be made
available for the costs of loan guarantees for Taiwan
under section 24 of the Arms Export Control Act (22
U.S.C. 2764) for Taiwan to subsidize gross obligations
for the principal amount of commercial loans and total
loan principal, any part of which may be guaranteed, not
to exceed $2,000,000,000.
(B) Maximum amounts.--A loan guarantee authorized
under subparagraph (A)--
(i) may not guarantee a loan that exceeds
$2,000,000,000; and
[[Page 136 STAT. 3297]]
(ii) may not exceed 80 percent of the loan
principal with respect to any single borrower.
(C) Subordination.--Any loan guaranteed pursuant to
subparagraph (A) may not be subordinated to--
(i) another debt contracted by the borrower;
or
(ii) any other claims against the borrower in
the case of default.
(D) <<NOTE: Requirement. Deadline.>> Repayment.--
Repayment in United States dollars of any loan
guaranteed under this paragraph shall be required not
later than 12 years after the loan agreement is signed.
(E) Fees.--Notwithstanding section 24 of the Arms
Export Control Act (22 U.S.C. 2764), the Government of
the United States may charge processing and origination
fees for a loan guarantee authorized under subparagraph
(A), not to exceed the cost to the Government of such
loan guarantee, which shall be collected from borrowers,
or from third parties on behalf of such borrowers,
through a financing account (as defined in section
502(7) of the Congressional Budget Act of 1974 (2 U.S.C.
661a(7)).
(F) Treatments of loan guarantees.--Amounts made
available under this paragraph for the costs of loan
guarantees authorized under subparagraph (A) shall not
be considered assistance for the purposes of any
statutory limitation on assistance to a country.
(3) Notification requirement.--Amounts authorized to be
appropriated to carry out this subsection may not be expended
without prior notification of the appropriate committees of
Congress.
(h) Authorization of Appropriations.--
(1) Authorization of appropriations.--In addition to amounts
otherwise authorized to be appropriated for Foreign Military
Financing, there is authorized to be appropriated to the
Department of State for Taiwan Foreign Military Finance grant
assistance up to $2,000,000,000 for each of the fiscal years
2023 through 2027.
(2) Training and education.--Of the amounts authorized to be
appropriated under paragraph (1), the Secretary of State should
use not less than $2,000,000 per fiscal year for one or more
blanket order Foreign Military Financing training programs
related to the defense needs of Taiwan.
(3) Direct commercial contracting.--The Secretary of State
may use amounts authorized to be appropriated under paragraph
(1) for the procurement of defense articles, defense services,
or design and construction services that are not sold by the
United States Government under the Arms Export Control Act (22
U.S.C. 2751 et seq.).
(4) Procurement in taiwan.--Of the amounts authorized to be
appropriated for Foreign Military Financing and made available
for Taiwan, not more than 15 percent of the amount made
available for each fiscal year may be available for the
procurement by Taiwan in Taiwan of defense articles and defense
services, including research and development, as agreed by the
United States and Taiwan.
(i) Sunset Provision.--Assistance may not be provided under this
section after September 30, 2032.
[[Page 136 STAT. 3298]]
SEC. 5503. INCREASE IN ANNUAL REGIONAL CONTINGENCY STOCKPILE
ADDITIONS AND SUPPORT FOR TAIWAN.
(a) In General.--Section 514(b)(2)(A) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by striking
``$200,000,000'' and all that follows and inserting ``$500,000,000 for
any of the fiscal years 2023, 2024, or 2025.''.
(b) <<NOTE: 22 USC 3352.>> Establishment.--Subject to section 514
of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h), the President
may establish a regional contingency stockpile for Taiwan that consists
of munitions and other appropriate defense articles.
(c) Inclusion of Taiwan Among Other Allies Eligible for Defense
Articles.--Chapter 2 of part II of the Foreign Assistance Act of 1961
(22 U.S.C. 2311 et seq.) is amended--
(1) in section 514(c)(2) (22 U.S.C. 2321h(c)(2)), by
inserting ``Taiwan,'' after ``Thailand,''; and
(2) in section 516(c)(2) (22 U.S.C. 2321j(c)(2)), by
inserting ``to Taiwan,'' after ``major non-NATO allies on such
southern and southeastern flank,''.
(d) <<NOTE: Deadlines.>> Annual Briefing.--Not later than 1 year
after the date of enactment of this Act, and annually thereafter for 7
years, the President shall provide a briefing to the appropriate
committees of Congress regarding the status of a regional contingency
stockpile established under subsection (b).
SEC. 5504. <<NOTE: 22 USC 3353.>> INTERNATIONAL MILITARY
EDUCATION AND TRAINING COOPERATION WITH
TAIWAN.
(a) In General.--The Secretary of State and the Secretary of Defense
shall establish or expand a comprehensive training program with Taiwan
designed to--
(1) enhance interoperability and capabilities for joint
operations between the United States and Taiwan;
(2) enhance rapport and deepen partnership between the
militaries of the United States and Taiwan, and foster
understanding of the United States among individuals in Taiwan;
(3) improve Taiwan's defense capabilities; and
(4) train future leaders of Taiwan, promote professional
military education, civilian control of the military, and
protection of human rights.
(b) Elements.--The training program required by subsection (a)
should prioritize relevant and realistic training, including as
necessary joint United States-Taiwan contingency tabletop exercises, war
games, full-scale military exercises, and an enduring rotational United
States military presence that assists Taiwan in maintaining force
readiness and utilizing United States defense articles and services
transferred from the United States to Taiwan.
(c) Authorization of Participation of Taiwan in the International
Military Education and Training Program.--The Secretary of State is
authorized to provide training and education to relevant entities in
Taiwan through the International Military Education and Training program
authorized under chapter 5 of part II of the Foreign Assistance Act of
1961 (22 U.S.C. 2347 et seq).
SEC. 5505. ADDITIONAL AUTHORITIES TO SUPPORT TAIWAN.
(a) Drawdown Authority.--Section 506(a) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2318(a)) is amended by adding at the end the
following paragraph:
[[Page 136 STAT. 3299]]
``(3) In addition to amounts already specified in this section, the
President may direct the drawdown of defense articles from the stocks of
the Department of Defense, defense services of the Department of
Defense, and military education and training, of an aggregate value of
not to exceed $1,000,000,000 per fiscal year, to be provided to
Taiwan.''.
(b) Emergency Authority.--Section 552(c) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2348a(c)) is amended by adding at the end the
following: ``In addition to the aggregate value of $25,000,000
authorized in paragraph (2) of the preceding sentence, the President may
direct the drawdown of commodities and services from the inventory and
resources of any agency of the United States Government for the purposes
of providing necessary and immediate assistance to Taiwan of a value not
to exceed $25,000,000 in any fiscal year.''.
(c) <<NOTE: 22 USC 3354.>> Use of Special Defense Acquisition
Fund.--The Secretary of Defense, in consultation with the Secretary of
State, shall seek to utilize the Special Defense Acquisition Fund
established under chapter 5 of the Arms Export Control Act (22 U.S.C.
2795 et seq.) to expedite the procurement and delivery of defense
articles and defense services for the purpose of assisting and
supporting the armed forces of Taiwan.
SEC. 5506. <<NOTE: 22 USC 3355.>> MULTI-YEAR PLAN TO FULFILL
DEFENSIVE REQUIREMENTS OF MILITARY
FORCES OF TAIWAN.
(a) <<NOTE: Deadline.>> Multi-year Plan.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Defense
and the Secretary of State, in consultation with the Director of
National Intelligence, shall engage for the purposes of establishing a
joint consultative mechanism with appropriate officials of Taiwan to
develop and implement a multi-year plan to provide for the acquisition
of appropriate defensive capabilities by Taiwan and to engage with
Taiwan in a series of combined training, exercises, and planning
activities consistent with the Taiwan Relations Act (Public Law 96-8; 22
U.S.C. 3301 et seq.).
(b) Elements.--The plan required by subsection (a) shall include the
following:
(1) An identification of the defensive military capability
gaps and capacity shortfalls of Taiwan that are required to--
(A) allow Taiwan to respond effectively to
aggression by the People's Liberation Army or other
actors from the People's Republic of China; and
(B) <<NOTE: Strategy.>> advance a strategy of
denial, reduce the threat of conflict, thwart an
invasion, and mitigate other risks to the United States
and Taiwan.
(2) <<NOTE: Assessment.>> An assessment of the relative
priority assigned by appropriate departments and agencies of
Taiwan to include its military to address such capability gaps
and capacity shortfalls.
(3) An explanation of the annual resources committed by
Taiwan to address such capability gaps and capacity shortfalls.
(4) A description and justification of the relative
importance of overcoming each identified capability gap and
capacity shortfall for deterring, delaying, or defeating
military aggression by the People's Republic of China;
(5) <<NOTE: Assessment.>> An assessment of--
[[Page 136 STAT. 3300]]
(A) the capability gaps and capacity shortfalls that
could be addressed in a sufficient and timely manner by
Taiwan; and
(B) the capability gaps and capacity shortfalls that
are unlikely to be addressed in a sufficient and timely
manner solely by Taiwan.
(6) <<NOTE: Assessment.>> An assessment of the capability
gaps and capacity shortfalls described in paragraph (5)(B) that
could be addressed in a sufficient and timely manner by--
(A) the Foreign Military Financing, Foreign Military
Sales, and Direct Commercial Sales programs of the
Department of State;
(B) Department of Defense security assistance
authorized by chapter 16 of title 10, United States
Code;
(C) Department of State training and education
programs authorized by chapter 5 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.);
(D) section 506 of the Foreign Assistance Act of
1961 (22 U.S.C. 2318);
(E) the provision of excess defense articles
pursuant to the requirements of the Arms Export Control
Act (22 U.S.C. 2751 et seq.); or
(F) any other authority available to the Secretary
of Defense or the Secretary of State.
(7) A description of United States or Taiwan engagement with
other countries that could assist in addressing in a sufficient
and timely manner the capability gaps and capacity shortfalls
identified pursuant to paragraph (1).
(8) An identification of opportunities to build
interoperability, combined readiness, joint planning capability,
and shared situational awareness between the United States,
Taiwan, and other foreign partners and allies, as appropriate,
through combined training, exercises, and planning events,
including--
(A) table-top exercises and wargames that allow
operational commands to improve joint and combined
planning for contingencies involving a well-equipped
adversary in a counter-intervention campaign;
(B) joint and combined exercises that test the
feasibility of counter-intervention strategies, develop
interoperability across services, and develop the
lethality and survivability of combined forces against a
well-equipped adversary;
(C) logistics exercises that test the feasibility of
expeditionary logistics in an extended campaign with a
well-equipped adversary;
(D) service-to-service exercise programs that build
functional mission skills for addressing challenges
posed by a well-equipped adversary in a counter-
intervention campaign; and
(E) any other combined training, exercises, or
planning with Taiwan's military forces that the
Secretary of Defense and Secretary of State consider
relevant.
(9) <<NOTE: Lists. Assessments.>> An identification of
options for the United States to use, to the maximum extent
practicable, existing authorities or programs to expedite
military assistance to Taiwan in the event of a crisis or
conflict, including--
[[Page 136 STAT. 3301]]
(A) a list of defense articles of the United States
that may be transferred to Taiwan during a crisis or
conflict;
(B) a list of authorities that may be used to
provide expedited military assistance to Taiwan during a
crisis or conflict;
(C) an assessment of methods that could be used to
deliver such assistance to Taiwan during a crisis or
conflict, including--
(i) the feasibility of employing such methods
in different scenarios; and
(ii) <<NOTE: Recommenda- tions.>>
recommendations for improving the ability of the
Armed Forces to deliver such assistance to Taiwan;
and
(D) an assessment of any challenges in providing
such assistance to Taiwan in the event of a crisis or
conflict and recommendations for addressing such
challenges.
(c) Recurrence.--The joint consultative mechanism required in
subsection (a) shall convene on a recurring basis and not less than
annually.
SEC. 5507. <<NOTE: 22 USC 3356.>> FAST-TRACKING SALES TO TAIWAN
UNDER FOREIGN MILITARY SALES PROGRAM.
(a) <<NOTE: Lists.>> Preclearance of Certain Foreign Military Sales
Items.--
(1) <<NOTE: Deadlines.>> In general.--Not later than 1 year
after the date of the enactment of this Act, and annually
thereafter, the Secretary of State, in coordination with the
Secretary of Defense, and in conjunction with coordinating
entities such as the National Disclosure Policy Committee, the
Arms Transfer and Technology Release Senior Steering Group, and
other appropriate entities, shall compile a list of available
and emerging military platforms, technologies, and equipment
that are pre-cleared and prioritized for sale and release to
Taiwan through the Foreign Military Sales program.
(2) Rules of construction.--
(A) Selection of items.--The list compiled pursuant
to paragraph (1) shall not be construed as limiting the
type, timing, or quantity of items that may be requested
by, or sold to, Taiwan under the Foreign Military Sales
program.
(B) Notifications required.--Nothing in this Act may
be construed to supersede congressional notification
requirements under the Arms Export Control Act (22
U.S.C. 2751 et. seq.).
(b) Prioritized Processing of Foreign Military Sales Requests From
Taiwan.--
(1) Requirement.--The Secretary of State and the Secretary
of Defense shall prioritize and expedite the processing of
requests from Taiwan under the Foreign Military Sales program,
and may not delay the processing of requests for bundling
purposes.
(2) <<NOTE: Determination. Certification.>> Duration.--The
requirement under paragraph (1) shall continue until the
Secretary of State determines and certifies to the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives that the threat to
Taiwan has significantly abated.
[[Page 136 STAT. 3302]]
(c) <<NOTE: Review. Updates.>> Interagency Policy.--The Secretary
of State and the Secretary of Defense shall jointly review and update
interagency policies and implementation guidance related to Foreign
Military Sales requests from Taiwan, including incorporating the
preclearance provisions of this section.
SEC. 5508. ARMS EXPORTS DELIVERY SOLUTIONS FOR TAIWAN AND UNITED
STATES ALLIES IN THE INDO-PACIFIC.
(a) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
(b) Report Required.--Not later than March 1, 2023, and annually
thereafter for a period of 5 years, the Secretary of State, in
coordination with the Secretary of Defense, shall transmit to the
appropriate committees of Congress a report with respect to the transfer
of all defense articles or defense services that have yet to be
completed pursuant to the authorities provided by--
(1) section 3, 21, or 36 of the Arms Export Control Act (22
U.S.C. 2753, 2761, or 2776); or
(2) section 516(c)(2) of the Foreign Assistance Act of 1961
(22 U.S.C. 2321j(c)(2)).
(c) Elements.--The report required by subsection (b) shall include
the following elements:
(1) <<NOTE: List.>> A list of all approved transfers of
defense articles and services authorized by Congress pursuant to
sections 25 and 36 of the Arms Export Control Act (22 U.S.C.
2765, 2776) with a total value of $25,000,000 or more, to
Taiwan, Japan, South Korea, Australia, the Philippines,
Thailand, or New Zealand, that have not been fully delivered by
the start of the fiscal year in which the report is being
submitted.
(2) <<NOTE: Estimates.>> The estimated start and end dates
of delivery for each approved and incomplete transfer listed
pursuant to paragraph (1), including additional details and
dates for any transfers that involve multiple tranches of
deliveries.
(3) With respect to each approved and incomplete transfer
listed pursuant to paragraph (1), a detailed description of--
(A) any changes in the delivery dates of defense
articles or services relative to the dates anticipated
at the time of congressional approval of the transfer,
including specific reasons for any delays related to the
United States Government, defense suppliers, or a
foreign partner;
(B) the feasibility and advisability of providing
the partner subject to such delayed delivery with an
interim capability or solution, including drawing from
United States stocks, and the mechanisms under
consideration for doing so as well as any challenges to
implementing such a capability or solution;
(C) authorities, appropriations, or waiver requests
that Congress could provide to improve delivery
timelines or authorize the provision of interim
capabilities or solutions identified pursuant to
subparagraph (B); and
(D) a description of which countries are ahead of
Taiwan for delivery of each item listed pursuant to
paragraph (1).
[[Page 136 STAT. 3303]]
(4) A description of ongoing interagency efforts to support
attainment of operational capability of the corresponding
defense articles and services once delivered, including advance
training with United States or armed forces of partner countries
on the systems to be received. The description of any such
training shall also include an identification of the training
implementer.
(5) If a transfer listed pursuant to paragraph (1) has been
terminated prior to the date of the submission of the report for
any reason--
(A) the case information for such transfer,
including the date of congressional notification,
delivery date of the Letter of Offer and Acceptance
(LOA), final signature of the LOA, and information
pertaining to delays in delivering LOAs for signature;
(B) a description of the reasons for which the
transfer is no longer in effect; and
(C) the impact this termination will have on the
intended end-user and the consequent implications for
regional security, including the impact on deterrence of
military action by countries hostile to the United
States, the military balance in the Taiwan Strait, and
other factors.
(6) A separate description of the actions the United States
is taking to expedite and prioritize deliveries of defense
articles and services to Taiwan, including--
(A) a description of what actions the Department of
State and the Department of Defense have taken or are
planning to take to prioritize Taiwan's Foreign Military
Sales cases;
(B) current procedures or mechanisms for determining
that a Foreign Military Sales case for Taiwan should be
prioritized above a sale to another country of the same
or similar item; and
(C) whether the United States intends to divert
defense articles from United States stocks to provide an
interim capability or solution with respect to any
delayed deliveries to Taiwan and the plan, if
applicable, to replenish any such diverted stocks.
(7) A description of other actions already undertaken by or
currently under consideration by the Department of State and the
Department of Defense to improve delivery timelines for the
transfers listed pursuant to paragraph (1).
(d) Form.--The report required by subsection (b) shall be submitted
in unclassified form but may include a classified annex.
SEC. 5509. ASSESSMENT OF TAIWAN'S NEEDS FOR CIVILIAN DEFENSE AND
RESILIENCE.
(a) <<NOTE: Deadline. Classified information.>> Assessment
Required.--Not later than 120 days after the date of enactment of this
Act, the Secretary of State and the Secretary of Defense, in
coordination with the Director of National Intelligence, shall submit a
written assessment, with a classified annex, of Taiwan's needs in the
areas of civilian defense and resilience to--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, and Select Committee on Intelligence of the
Senate; and
[[Page 136 STAT. 3304]]
(2) the Committee on Foreign Affairs, the Committee on Armed
Services, and the Permanent Select Committee on Intelligence of
the House of Representatives.
(b) <<NOTE: Analyses.>> Matters to Be Included.--The assessment
required under subsection (a) shall--
(1) analyze the potential role of Taiwan's public and
civilian assets in defending against various scenarios for
foreign militaries to coerce or conduct military aggression
against Taiwan;
(2) carefully analyze Taiwan's needs for enhancing its
defensive capabilities through the support of civilians and
civilian sectors, including--
(A) greater utilization of Taiwan's high tech labor
force;
(B) the creation of clear structures and logistics
support for civilian defense role allocation;
(C) recruitment and skills training for Taiwan's
defense and civilian sectors; and
(D) other defense needs and considerations at the
provincial, city, and neighborhood levels;
(3) analyze Taiwan's needs for enhancing resiliency among
its people and in key economic sectors;
(4) identify opportunities for Taiwan to enhance
communications at all levels to strengthen trust and
understanding between the military, other government
departments, civilian agencies and the general public,
including--
(A) communications infrastructure necessary to
ensure reliable communications in response to a conflict
or crisis; and
(B) <<NOTE: Plan.>> a plan to effectively
communicate to the general public in response to a
conflict or crisis;
(5) identify the areas and means through which the United
States could provide training, exercises, and assistance at all
levels to support the needs discovered through the assessment
and fill any critical gaps where capacity falls short of such
needs; and
(6) <<NOTE: Review.>> review existing United States
Government and non-United States Government programmatic and
funding modalities that are meant to support Taiwan's civilian
defense professionals in pursuing professional development,
educational, and cultural exchanges in the United States,
including--
(A) opportunities through Department of State-
supported programs, such as the International Visitor
Leaders Program;
(B) opportunities offered through non-governmental
institutions, such as think tanks, to the extent the
review can practicably make such an assessment;
(C) a description of the frequency that civilian
defense professionals from Taiwan pursue or are selected
for the programs reviewed in subparagraph (A);
(D) an analysis of any funding, policy,
administrative, or other barriers preventing greater
participation from Taiwan's civilian defense
professionals in the opportunities identified in
subparagraph (A);
(E) <<NOTE: Evaluation.>> an evaluation of the
value expanding the opportunities reviewed in
subparagraph (A) would offer for strengthening Taiwan's
existing civilian defense community, and for increasing
the perceived value of the field for young professionals
in Taiwan;
[[Page 136 STAT. 3305]]
(F) an assessment of options the United States
Government could take individually, with partners in
Taiwan, or with foreign governments or non-governmental
partners, to expand the opportunities reviewed in
subparagraph (A); and
(G) a description of additional resources and
authorities that may be required to execute the options
described in subparagraph (E).
(c) Sharing of Report.--The assessment required by subsection (a)
shall be shared with appropriate officials of Taiwan to facilitate
cooperation, as appropriate.
SEC. 5510. ANNUAL REPORT ON TAIWAN DEFENSIVE MILITARY CAPABILITIES
AND INTELLIGENCE SUPPORT.
Section 1248 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1988) is amended to read as
follows:
``SEC. 1248. ANNUAL REPORT ON TAIWAN CAPABILITIES AND INTELLIGENCE
SUPPORT.
``(a) <<NOTE: Time period. Assessment.>> In General.--Through
fiscal year 2027, the Secretary of State and the Secretary of Defense,
in coordination with the Director of National Intelligence and the heads
of other relevant Federal departments and agencies, shall jointly
perform an annual assessment, consistent with the Taiwan Relations Act
(Public Law 96-8; 22 U.S.C. 3302(c)), of security matters related to
Taiwan, including intelligence matters, Taiwan's defensive military
capabilities, and how defensive shortcomings or vulnerabilities of
Taiwan could be mitigated through cooperation, modernization, or
integration. At a minimum, the assessment shall include the following:
``(1) An intelligence assessment regarding--
``(A) conventional military and nuclear threats to
Taiwan from the People's Republic of China, including
exercises, patrols, and presence intended to intimidate
or coerce Taiwan; and
``(B) irregular warfare activities, including
influence operations, conducted by the People's Republic
of China to interfere in or undermine the peace and
stability of the Taiwan Strait.
``(2) The current military capabilities of Taiwan and the
ability of Taiwan to defend itself from external conventional
and irregular military threats across a range of scenarios.
``(3) The interoperability of current and future defensive
capabilities of Taiwan with the military capabilities of the
United States and its allies and partners.
``(4) <<NOTE: Plans. Procedures.>> The plans, tactics,
techniques, and procedures underpinning an effective defense
strategy for Taiwan, including how addressing identified
capability gaps and capacity shortfalls will improve the
effectiveness of such strategy.
``(5) A description of additional personnel, resources, and
authorities in Taiwan or in the United States that may be
required to meet any shortcomings in the development of Taiwan's
military capabilities identified pursuant to this section.
``(6) <<NOTE: List.>> With respect to materiel capabilities
and capacities the Secretary of Defense and Secretary of State
jointly assess to be most effective in deterring, defeating, or
delaying military aggression by the People's Republic of China,
a prioritized
[[Page 136 STAT. 3306]]
list of capability gaps and capacity shortfalls of the military
forces of Taiwan, including--
``(A) an identification of--
``(i) any United States, Taiwan, or ally or
partner country defense production timeline
challenge related to potential materiel and
solutions to such capability gaps;
``(ii) the associated investment costs of
enabling expanded production for items currently
at maximum production;
``(iii) the associated investment costs of, or
mitigation strategies for, enabling export for
items currently not exportable; and
``(iv) existing stocks of such capabilities in
the United States and ally and partner countries;
``(B) the feasibility and advisability of procuring
solutions to such gaps and shortfalls through United
States allies and partners, including through co-
development or co-production;
``(C) the feasibility and advisability of assisting
Taiwan in the domestic production of solutions to
capability gaps, including through--
``(i) the transfer of intellectual property;
and
``(ii) co-development or co-production
arrangements;
``(D) <<NOTE: Cost estimates.>> the estimated
costs, expressed in a range of options, of procuring
sufficient capabilities and capacities to address such
gaps and shortfalls;
``(E) <<NOTE: Assessment.>> an assessment of the
relative priority assigned by appropriate officials of
Taiwan to each such gap and shortfall; and
``(F) a detailed explanation of the extent to which
Taiwan is prioritizing the development, production, or
fielding of solutions to such gaps and shortfalls within
its overall defense budget.
``(7) The applicability of Department of State and
Department of Defense authorities for improving the defensive
military capabilities of Taiwan in a manner consistent with the
Taiwan Relations Act.
``(8) A description of any security assistance provided or
Foreign Military Sales and Direct Commercial Sales activity with
Taiwan over the past year.
``(9) A description of each engagement between the United
States and Taiwan personnel related to planning over the past
year.
``(10) With respect to each to training and exercises--
``(A) a description of each such instance over the
past year;
``(B) a description of how each such instance--
``(i) sought to achieve greater
interoperability, improved readiness, joint
planning capability, and shared situational
awareness between the United States and Taiwan, or
among the United States, Taiwan, and other
countries;
``(ii) familiarized the militaries of the
United States and Taiwan with each other; and
``(iii) improved Taiwan's defense
capabilities.
[[Page 136 STAT. 3307]]
``(11) A description of the areas and means through which
the United States is assisting and supporting training,
exercises, and assistance to support Taiwan's requirements
related to civilian defense and resilience, and how the United
States is seeking to assist Taiwan in addressing any critical
gaps where capacity falls short of meeting such requirements,
including those elements identified in the assessment required
by section 5502(f) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023.
``(12) <<NOTE: Assessment.>> An assessment of the
implications of current levels of pre-positioned war reserve
materiel on the ability of the United States to respond to a
crisis or conflict involving Taiwan with respect to--
``(A) providing military or non-military aid to
Taiwan; and
``(B) sustaining military installations and other
infrastructure of the United States in the Indo-Pacific
region.
``(13) <<NOTE: Assessment.>> An assessment of the current
intelligence, surveillance, and reconnaissance capabilities of
Taiwan, including any existing gaps in such capabilities and
investments in such capabilities by Taiwan since the preceding
report.
``(14) <<NOTE: Summary.>> A summary of changes to pre-
positioned war reserve materiel of the United States in the
Indo-Pacific region since the preceding report.
``(15) Any other matters the Secretary of Defense or the
Secretary of State considers appropriate.
``(b) Plan.--The Secretary of Defense and the Secretary of State
shall jointly develop a plan for assisting Taiwan in improving its
defensive military capabilities and addressing vulnerabilities
identified pursuant to subsection (a) that includes--
``(1) <<NOTE: Recommenda- tions.>> recommendations, if any,
for new Department of State or Department of Defense
authorities, or modifications to existing Department of State or
Department of Defense authorities, necessary to improve the
defensive military capabilities of Taiwan in a manner consistent
with the Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 3301
et seq.);
``(2) an identification of opportunities for key leader and
subject matter expert engagement between Department personnel
and military and civilian counterparts in Taiwan; and
``(3) an identification of challenges and opportunities for
leveraging authorities, resources, and capabilities outside the
Department of Defense and the Department of State to improve the
defensive capabilities of Taiwan in accordance with the Taiwan
Relations Act.
``(c) <<NOTE: Time period.>> Report.--Not later than 180 days after
the date of the enactment of this Act, and annually thereafter through
fiscal year 2027, the Secretary of State and the Secretary of Defense,
in consultation with the Director of National Intelligence, shall
jointly submit to the appropriate committees of Congress--
``(1) a report on the results of the assessment required by
subsection (a);
``(2) the plan required by subsection (b); and
``(3) a report on--
``(A) the status of efforts to develop and implement
the joint multi-year plan required under section 5506 of
the James M. Inhofe National Defense Authorization Act
[[Page 136 STAT. 3308]]
for Fiscal Year 2023 to provide for the acquisition of
appropriate defensive military capabilities by Taiwan
and to engage with Taiwan in a series of combined
training and planning activities consistent with the
Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 3301 et
seq.); and
``(B) any other matters the Secretary of State and
the Secretary of Defense consider necessary.
``(d) Form.--The reports required by subsection (c) shall be
submitted in unclassified form, but may include a classified annex.
``(e) Appropriate Committees of Congress Defined.--For purposes of
this section, the term `appropriate committees of Congress' means--
``(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence of
the Senate; and
``(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives.''.
SEC. 5511. <<NOTE: 22 USC 3357.>> FINDINGS AND STATEMENT OF
POLICY.
(a) Findings.--Congress finds the following:
(1) Advancing peace and stability in the Indo-Pacific has
been a central element of United States foreign policy toward
the region.
(2) The Government of the People's Republic of China (PRC),
especially since the election of Tsai Ing-Wen in 2016, has
conducted a coordinated campaign to weaken Taiwan
diplomatically, economically, and militarily in a manner that
threatens to erode United States policy and create a fait
accompli on questions surrounding Taiwan's future.
(3) To secure United States interests and preserve the
ability of the people of Taiwan to determine their own future,
it is necessary to reinforce Taiwan's diplomatic, economic, and
territorial space.
(b) Statement of Policy.--It is the policy of the United States to--
(1) maintain the position that peace and stability in the
Western Pacific are in the political, security, and economic
interests of the United States, and are matters of international
concern; and
(2) work with allies and partners to promote peace and
stability in the Indo-Pacific and deter military acts or other
forms of coercive behavior that would undermine regional
stability.
SEC. 5512. <<NOTE: 22 USC 3351 note.>> SENSE OF CONGRESS ON
TAIWAN DEFENSE RELATIONS.
It is the sense of Congress that--
(1) the Taiwan Relations Act (Public Law 96-8; 22 U.S.C. et
seq.) and the Six Assurances provided by the United States to
Taiwan in July 1982 are the foundation for United States-Taiwan
relations;
(2) as set forth in the Taiwan Relations Act, the United
States decision to establish diplomatic relations with the
People's Republic of China rests upon the expectation that the
future of Taiwan will be determined by peaceful means, and that
any effort to determine the future of Taiwan by other than
peaceful means, including boycotts and embargoes, is of grave
concern to the United States;
[[Page 136 STAT. 3309]]
(3) the increasingly coercive and aggressive behavior of the
People's Republic of China toward Taiwan is contrary to the
expectation of the peaceful resolution of the future of Taiwan;
(4) as set forth in the Taiwan Relations Act, the capacity
to resist any resort to force or other forms of coercion that
would jeopardize the security, or the social or economic system,
of the people on Taiwan should be maintained;
(5) the United States should continue to support the
development of capable, ready, and modern defense forces
necessary for Taiwan to maintain sufficient defensive
capabilities, including by--
(A) supporting acquisition by Taiwan of defense
articles and services through foreign military sales,
direct commercial sales, and industrial cooperation,
with an emphasis on capabilities that support an
asymmetric strategy;
(B) ensuring timely review of and response to
requests of Taiwan for defense articles and services;
(C) conducting practical training and military
exercises with Taiwan that enable Taiwan to maintain
sufficient defensive capabilities, as described in the
Taiwan Relations Act;
(D) exchanges between defense officials and officers
of the United States and Taiwan at the strategic,
policy, and functional levels, consistent with the
Taiwan Travel Act (Public Law 115-135; 132 Stat. 341),
especially for the purposes of--
(i) enhancing cooperation on defense planning;
(ii) improving the interoperability of the
military forces of the United States and Taiwan;
and
(iii) improving the reserve force of Taiwan;
(E) cooperating with Taiwan to improve its ability
to employ military capabilities in asymmetric ways, as
described in the Taiwan Relations Act; and
(F) expanding cooperation in humanitarian assistance
and disaster relief; and
(6) the United States should increase its support to a free
and open society in the face of aggressive efforts by the
Government of the People's Republic of China to curtail or
influence the free exercise of rights and democratic franchise.
PART 2--COUNTERING PEOPLE'S REPUBLIC OF CHINA'S COERCION AND INFLUENCE
CAMPAIGNS
SEC. 5513. <<NOTE: 22 USC 3361.>> STRATEGY TO RESPOND TO
INFLUENCE AND INFORMATION OPERATIONS
TARGETING TAIWAN.
(a) <<NOTE: Deadlines. Time period.>> In General.--Not later than
180 days after the date of the enactment of this Act and annually
thereafter for the following 5 years, the Secretary of State, in
coordination with the Director of National Intelligence, shall develop
and implement a strategy to respond to--
(1) covert, coercive, and corrupting activities carried out
to advance the Chinese Communist Party's ``United Front'' work
related to Taiwan, including activities directed, coordinated,
[[Page 136 STAT. 3310]]
or otherwise supported by the United Front Work Department or
its subordinate or affiliated entities; and
(2) information and disinformation campaigns, cyber attacks,
and nontraditional propaganda measures supported by the
Government of the People's Republic of China and the Chinese
Communist Party that are directed toward persons or entities in
Taiwan.
(b) Elements.--The strategy required under subsection (a) shall
include descriptions of--
(1) the proposed response to propaganda and disinformation
campaigns by the People's Republic of China and cyber-intrusions
targeting Taiwan, including--
(A) assistance in building the capacity of Taiwan's
public and private-sector entities to document and
expose propaganda and disinformation supported by the
Government of the People's Republic of China, the
Chinese Communist Party, or affiliated entities;
(B) assistance to enhance Taiwan's ability to
develop a holistic strategy to respond to sharp power
operations, including election interference; and
(C) media training for Taiwan officials and other
Taiwan entities targeted by disinformation campaigns;
(2) the proposed response to political influence operations
that includes an assessment of the extent of influence exerted
by the Government of the People's Republic of China and the
Chinese Communist Party in Taiwan on local political parties,
financial institutions, media organizations, and other entities;
(3) support for exchanges and other technical assistance to
strengthen the Taiwan legal system's ability to respond to sharp
power operations; and
(4) programs carried out by the Global Engagement Center to
expose misinformation and disinformation in the Chinese
Communist Party's propaganda.
SEC. 5514. <<NOTE: 22 USC 3362.>> TASK FORCE TO COUNTER ECONOMIC
COERCION BY THE PEOPLE'S REPUBLIC OF
CHINA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the People's Republic of China's (PRC) increasing use of
economic coercion against foreign governments, companies,
organizations, other entities, and individuals requires that the
United States devise a comprehensive, effective, and
multilateral response;
(2) the private sector is a crucial partner in helping the
United States Government respond to the PRC's coercive economic
practices and hold the PRC accountable;
(3) improved engagement and communication with the private
sector, including receiving information from the United States
private sector about the PRC's coercive economic practices would
help the United States Government and private sector
stakeholders conduct early assessments of potential pressure
points and vulnerabilities; and
(4) PRC coercive economic practices create pressures for the
private sector to behave in ways antithetical to United States
national interests and competitiveness.
(b) <<NOTE: Deadline. President.>> Establishment of Task Force.--
Not later than 180 days after the date of the enactment of this Act, the
President shall establish an interagency task force to be known as the
``Countering
[[Page 136 STAT. 3311]]
Economic Coercion Task Force'' (referred to in this section as the
``Task Force'').
(c) Duties.--
(1) In general.--The Task Force shall--
(A) oversee the development and implementation of an
integrated United States Government strategy to respond
to People's Republic of China (PRC) coercive economic
practices, which shall include--
(i) systematically monitoring and evaluating--
(I) the costs of such practices on
United States businesses and overall
United States economic performance;
(II) instances in which such
practices taken against a non-PRC entity
has benefitted other parties; and
(III) the impacts such practices
have had on United States national
interests; and
(ii) facilitating coordination among Federal
departments and agencies when responding to such
practices as well as proactively deterring such
economic coercion, including by clarifying the
roles for Federal departments and agencies
identified in subsection (d) in implementing the
strategy; and
(iii) forming policy recommendations for the
implementation of relevant United States
authorities to respond to instances of PRC
coercive economic practices;
(B) consult with United States allies and partners
on the feasibility and desirability of collectively
identifying, assessing, and responding to PRC coercive
economic practices, as well as actions that could be
taken to expand coordination with the goal of ensuring a
consistent, coherent, and collective response to such
practices and establishing long-term deterrence of such
practices;
(C) effectively engage the United States private
sector, particularly sectors, groups, or other entities
that are susceptible to such PRC coercive economic
practices, on concerns related to such practices; and
(D) develop and implement a process for regularly
sharing relevant information, including classified
information to the extent appropriate and practicable,
on such PRC coercive economic practices with United
States allies, partners, and the private sector.
(2) Consultation.--In carrying out its duties under this
subsection, the Task Force should regularly consult, to the
extent necessary and appropriate, with the following:
(A) Relevant stakeholders in the private sector.
(B) Federal departments and agencies that are not
represented on the Task Force.
(C) United States allies and partners.
(d) <<NOTE: President. Appointments.>> Membership.--The President
shall--
(1) appoint the chair of the Task Force from among the staff
of the National Security Council;
(2) appoint the vice chair of the Task Force from among the
staff of the National Economic Council; and
(3) <<NOTE: Determination.>> determine the Federal
departments and agencies that will serve on the task force, and
direct the head of those
[[Page 136 STAT. 3312]]
agencies to appoint personnel at the level of Assistant
Secretary or above to participate in the Task Force.
(e) Reports.--
(1) Initial report.--Not later than 1 year after the date of
the enactment of this Act, the Task Force shall submit to
Congress a report that includes the following elements:
(A) <<NOTE: Review.>> A comprehensive review of the
array of economic tools the Government of the People's
Republic of China (PRC) employs or could employ in the
future to coerce other governments and non-PRC companies
(including United States companies) including the
Government of the PRC's continued efforts to codify
informal practices into its domestic law.
(B) <<NOTE: Strategy.>> The strategy required by
subsection (c)(1)(A).
(C) <<NOTE: Definition.>> An interagency definition
of PRC coercive economic practices that captures both--
(i) the use of informal or extralegal PRC
coercive economic practices; and
(ii) the inappropriate use of economic tools,
including those authorized under the laws and
regulations of the PRC.
(D) <<NOTE: Review.>> A comprehensive review of the
array of tools the United States Government employs or
could employ to respond to economic coercion against the
government, companies, and other entities of the United
States or its allies and partners.
(E) <<NOTE: List.>> A list of unilateral or
multilateral--
(i) preemptive practices to defend or deter
against PRC coercive economic practices; and
(ii) actions taken in response to the
Government of the PRC's general use of coercive
economic practices, including the imposition of
costs on the PRC.
(F) <<NOTE: Assessment.>> An assessment of United
States allies and partners key vulnerabilities to PRC
coercive economic practices.
(G) A description of gaps in existing resources or
capabilities for United States Government departments
and agencies to respond effectively to PRC coercive
economic practices directed at United States entities
and assist United States allies and partners in their
responses to PRC coercive economic practices.
(H) <<NOTE: Analysis.>> An analysis of the
circumstances under which the PRC employs different
types of economic coercion and against what kinds of
targets.
(I) <<NOTE: Assessment.>> An assessment of United
States and international rules and norms as well as any
treaty obligations the PRC has stretched, circumvented,
or broken through its economically coercive practices
and the United States response in each instance.
(2) Interim reports.--
(A) First interim report.--Not later than 1 year
after the date on which the report required by paragraph
(1) is submitted to Congress, the Task Force shall
submit to Congress a report that includes the following
elements:
(i) <<NOTE: Updates.>> Updates to information
required by subparagraphs (A) through (G) of
paragraph (1).
[[Page 136 STAT. 3313]]
(ii) A description of activities conducted by
the Task Force to implement the strategy required
by subsection (c)(1)(A).
(iii) <<NOTE: Assessment.>> An assessment of
the implementation and effectiveness of the
strategy, lessons learned from the past year and
planned changes to the strategy.
(B) Second interim report.--Not later than 1 year
after the date on which the report required by
subparagraph (A) is submitted to Congress, the Task
Force shall submit to the appropriate congressional
committees a report that includes an update to the
elements required under the report required by
subparagraph (A).
(3) Final report.--Not later than 30 days after the date on
which the report required by paragraph (2)(B) is submitted to
Congress, the Task Force shall submit to Congress a final report
that includes the following elements:
(A) <<NOTE: Analysis.>> An analysis of PRC coercive
economic practices and the cost of such coercive
practices to United States businesses.
(B) A description of areas of possible vulnerability
for United States businesses and businesses of United
States partners and allies.
(C) <<NOTE: Recommenda- tions.>> Recommendations on
how to continue the effort to counter PRC coercive
economic practices, including through further
coordination with United States allies and partners.
(D) Illustrative examples.
(4) Form.--The reports required by this subsection shall be
submitted in classified form, but may include an unclassified
summary.
(f) Sunset.--
(1) In general.--The Task Force shall terminate at the end
of the 60-day period beginning on the date on which the final
report required by subsection (e)(3) is submitted to Congress.
(2) Additional actions.--The Task force may use the 60-day
period referred to in paragraph (1) for the purposes of
concluding its activities, including providing testimony to
Congress concerning the final report required by subsection
(e)(3).
(g) Assistance for Countries and Entities Targeted by the People's
Republic of China for Economic Coercion.--The Secretary of State, the
Administrator of the United States Agency for International Development,
the United States International Development Finance Corporation, the
Secretary of Commerce, and the Secretary of the Treasury shall provide
appropriate assistance to countries and entities that are subject to
coercive economic practices by the People's Republic of China.
SEC. <<NOTE: 22 USC 3363.>> 5515. CHINA CENSORSHIP MONITOR AND
ACTION GROUP.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Appropriations, and the Select Committee on
Intelligence of the Senate; and
[[Page 136 STAT. 3314]]
(B) the Committee on Foreign Affairs, the Committee
on Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) Qualified research entity.--The term ``qualified
research entity'' means an entity that--
(A) is a nonpartisan research organization or a
Federally funded research and development center;
(B) has appropriate expertise and analytical
capability to write the report required under subsection
(c); and
(C) is free from any financial, commercial, or other
entanglements, which could undermine the independence of
such report or create a conflict of interest or the
appearance of a conflict of interest, with--
(i) the Government of the People's Republic of
China;
(ii) the Chinese Communist Party;
(iii) any company incorporated in the People's
Republic of China or a subsidiary of such company;
or
(iv) any company or entity incorporated
outside of the People's Republic of China that is
believed to have a substantial financial or
commercial interest in the People's Republic of
China.
(3) United states person.--The term ``United States person''
means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the United
States or any jurisdiction within the United States,
including a foreign branch of such an entity.
(b) China Censorship Monitor and Action Group.--
(1) <<NOTE: President. Establishment.>> In general.--The
President shall establish an interagency task force, which shall
be known as the ``China Censorship Monitor and Action Group''
(referred to in this subsection as the ``Task Force'').
(2) <<NOTE: President. Appointment.>> Membership.--The
President shall take the following actions with respect to the
membership of, and participation in, the Task Force:
(A) Appoint the chair of the Task Force from among
the staff of the National Security Council.
(B) Appoint the vice chair of the Task Force from
among the staff of the National Economic Council.
(C) <<NOTE: Determination.>> Determine the Federal
departments and agencies that will serve on the Task
Force, and direct the head of those agencies to appoint
personnel at the level of Assistant Secretary or above
to participate in the Task Force.
(3) Responsibilities.--The Task Force shall--
(A) oversee the development and execution of an
integrated Federal Government strategy to monitor and
address the impacts of efforts directed, or directly
supported, by the Government of the People's Republic of
China to censor or intimidate, in the United States or
in any of its possessions or territories, any United
States person, including United States companies that
conduct business in the People's Republic of China,
which are exercising their right to freedom of speech;
and
[[Page 136 STAT. 3315]]
(B) <<NOTE: Deadline.>> submit the strategy
developed pursuant to subparagraph (A) to the
appropriate congressional committees not later than 120
days after the date of the enactment of this Act.
(4) Meetings.--The Task Force shall meet not less frequently
than twice per year.
(5) Consultations.--The Task Force should regularly consult,
to the extent necessary and appropriate, with--
(A) Federal agencies that are not represented on the
Task Force;
(B) independent agencies of the United States
Government that are not represented on the Task Force;
(C) relevant stakeholders in the private sector and
the media; and
(D) relevant stakeholders among United States allies
and partners facing similar challenges related to
censorship or intimidation by the Government of the
People's Republic of China.
(6) Reporting requirements.--
(A) Annual report.--The Task Force shall submit an
annual report to the appropriate congressional
committees that describes, with respect to the reporting
period--
(i) the strategic objectives and policies
pursued by the Task Force to address the
challenges of censorship and intimidation of
United States persons while in the United States
or any of its possessions or territories, which is
directed or directly supported by the Government
of the People's Republic of China;
(ii) the activities conducted by the Task
Force in support of the strategic objectives and
policies referred to in clause (i); and
(iii) the results of the activities referred
to in clause (ii) and the impact of such
activities on the national interests of the United
States.
(B) Form of report.--Each report submitted pursuant
to subparagraph (A) shall be unclassified, but may
include a classified annex.
(C) Congressional briefings.--Not later than 90 days
after the date of the enactment of this Act, and
annually thereafter, the Task Force shall provide
briefings to the appropriate congressional committees
regarding the activities of the Task Force to execute
the strategy developed pursuant to paragraph (3)(A).
(c) Report on Censorship and Intimidation of United States Persons
by the Government of the People's Republic of China.--
(1) Report.--
(A) In general.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of
State shall select and seek to enter into an agreement
with a qualified research entity that is independent of
the Department of State to write a report on censorship
and intimidation in the United States and its
possessions and territories of United States persons,
including United States companies that conduct business
in the People's Republic of China, which is directed or
directly supported by the Government of the People's
Republic of China.
[[Page 136 STAT. 3316]]
(B) <<NOTE: Assessments.>> Matters to be
included.--The report required under subparagraph (A)
shall--
(i) assess major trends, patterns, and methods
of the Government of the People's Republic of
China's efforts to direct or directly support
censorship and intimidation of United States
persons, including United States companies that
conduct business in the People's Republic of
China, which are exercising their right to freedom
of speech;
(ii) assess, including through the use of
illustrative examples, as appropriate, the impact
on and consequences for United States persons,
including United States companies that conduct
business in the People's Republic of China, that
criticize--
(I) the Chinese Communist Party;
(II) the Government of the People's
Republic of China;
(III) the authoritarian model of
government of the People's Republic of
China; or
(IV) a particular policy advanced by
the Chinese Communist Party or the
Government of the People's Republic of
China;
(iii) identify the implications for the United
States of the matters described in clauses (i) and
(ii);
(iv) assess the methods and evaluate the
efficacy of the efforts by the Government of the
People's Republic of China to limit freedom of
expression in the private sector, including media,
social media, film, education, travel, financial
services, sports and entertainment, technology,
telecommunication, and internet infrastructure
interests;
(v) <<NOTE: Recommenda- tions.>> include
policy recommendations for the United States
Government, including recommendations regarding
collaboration with United States allies and
partners, to address censorship and intimidation
by the Government of the People's Republic of
China; and
(vi) <<NOTE: Recommenda- tions.>> include
policy recommendations for United States persons,
including United States companies that conduct
business in China, to address censorship and
intimidation by the Government of the People's
Republic of China.
(C) Applicability to united states allies and
partners.--To the extent practicable, the report
required under subparagraph (A) should identify
implications and policy recommendations that are
relevant to United States allies and partners facing
censorship and intimidation directed or directly
supported by the Government of the People's Republic of
China.
(2) Submission of report.--
(A) In general.--Not later than 1 year after the
date of the enactment of this Act, the Secretary of
State shall submit the report written by the qualified
research entity selected pursuant to paragraph (1)(A) to
the appropriate congressional committees.
[[Page 136 STAT. 3317]]
(B) <<NOTE: Public information. Web posting.>>
Publication.--The report referred to in subparagraph (A)
shall be made accessible to the public online through
relevant United States Government websites.
(d) Sunset.--This section shall terminate on the date that is 5
years after the date of enactment of this Act.
PART 3--INCLUSION OF TAIWAN IN INTERNATIONAL ORGANIZATIONS
SEC. 5516. <<NOTE: 22 USC 3371.>> FINDINGS.
Congress makes the following findings:
(1) Since 2016, the Gambia, Sao Tome and Principe, Panama,
the Dominican Republic, Burkina Faso, El Salvador, the Solomon
Islands, and Kiribati have severed diplomatic relations with
Taiwan in favor of diplomatic relations with China.
(2) Taiwan was invited to participate in the World Health
Assembly (WHA), the decision-making body of the World Health
Organization (WHO), as an observer annually between 2009 and
2016. Since the 2016 election of President Tsai, the PRC has
increasingly resisted Taiwan's participation in the WHA. Taiwan
was not invited to attend the WHA in 2017, 2018, 2019, 2020, or
2021.
(3) The Taipei Flight Information Region reportedly served
1,750,000 flights and 68,900,000 passengers in 2018, and is home
to Taiwan Taoyuan International Airport, the eleventh busiest
airport in the world. Taiwan has been excluded from
participating at the International Civil Aviation Organization
(ICAO) since 2013.
(4) United Nations (UN) General Assembly Resolution 2758
does not address the issue of representation of Taiwan and its
people at the United Nations, nor does it give the PRC the right
to represent the people of Taiwan.
SEC. 5517. SENSE OF CONGRESS ON TAIWAN'S MEANINGFUL PARTICIPATION
IN THE INTERNATIONAL COMMUNITY.
It is the sense of Congress that--
(1) Taiwan is an important contributor to the global
community, as a model for democracy, and by providing expertise
in global health, international aviation security, emerging
technology development, and high environmental standards;
(2) multiple United States Government administrations of
both political parties have taken important steps to advance
Taiwan's meaningful participation in international
organizations;
(3) existing efforts to enhance United States cooperation
with Taiwan to provide global public goods, including through
development assistance, humanitarian assistance, and disaster
relief, in trilateral and multilateral fora are laudable and
should continue;
(4) nonetheless, significant structural, policy, and legal
barriers remain to advancing Taiwan's meaningful participation
in the international community; and
(5) efforts to share Taiwan's expertise with other parts of
the global community could be further enhanced through a
systematic approach, along with greater attention from Congress
and the American public to such efforts.
[[Page 136 STAT. 3318]]
SEC. <<NOTE: 22 USC 3372.>> 5518. STRATEGY TO SUPPORT TAIWAN'S
MEANINGFUL PARTICIPATION IN
INTERNATIONAL ORGANIZATIONS.
(a) <<NOTE: Deadline.>> In General.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of State, in
consultation with other Federal departments and agencies as appropriate,
shall submit to the appropriate congressional committees a strategy--
(1) to advance Taiwan''s meaningful participation in a
prioritized set of international organizations (IOs); and
(2) that responds to growing pressure from the PRC on
foreign governments, IOs, commercial actors, and civil society
organizations to comply with its ``One-China Principle'', with
respect to Taiwan.
(b) Matters to Be Included.--The strategy required under subsection
(a) should include the following elements:
(1) <<NOTE: Assessments.>> An assessment of the methods the
PRC uses to coerce actors to into adhering to its ``One-China
Principle.'' The methods should include those employed against
governments, IOs, and civil society organizations. The
assessment should also include pressure on commercial actors, to
the extent it is relevant in the context of Taiwan's meaningful
participation in IOs.
(2) <<NOTE: Assessment.>> An assessment of the policies of
foreign governments toward the PRC and Taiwan, to identify
likeminded allies and partners who might become public or
private partners in the strategy.
(3) <<NOTE: Analysis.>> A systematic analysis of all IOs,
as practicable, to identify IOs that best lend themselves to
advancing Taiwan's participation.
(4) <<NOTE: Plan.>> A plan to expand economic, security,
and diplomatic engagement with nations that have demonstrably
strengthened, enhanced, or upgraded relations with Taiwan, in
accordance with United States interests.
(5) <<NOTE: Survey.>> A survey of IOs that have allowed
Taiwan's meaningful participation, including an assessment of
whether any erosion in Taiwan's engagement has occurred within
those organizations and how Taiwan's participation has
positively strengthened the capacity and activity of these
organizations, thereby providing positive models for Taiwan's
inclusion in other similar forums.
(6) <<NOTE: List. Time period.>> A list of no more than 20
IOs at which the United States Government will prioritize for
using its voice, vote, and influence to advance Taiwan's
meaningful participation over the three-year period following
the date of enactment of this Act. The list should be derived
from the IOs identified in paragraph (3).
(7) A description of the diplomatic strategies and the
coalitions the United States Government plans to develop to
implement paragraph (6).
(c) <<NOTE: Classified information.>> Form of Report.--The strategy
required in subsection (a) shall be classified, but it may include an
unclassified summary.
(d) Support for Meaningful Participation.--The Permanent
Representative of the United States to the United Nations and other
relevant United States officials shall actively support Taiwan's
meaningful participation in all appropriate international organizations.
[[Page 136 STAT. 3319]]
SEC. 5519. <<NOTE: 22 USC 3373.>> MEANINGFUL PARTICIPATION OF
TAIWAN IN THE INTERNATIONAL CIVIL
AVIATION ORGANIZATION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the International Civil Aviation Organization (ICAO)
should allow Taiwan to meaningfully participate in the
organization, including in ICAO triennial assembly sessions,
conferences, technical working groups, meetings, activities, and
mechanisms;
(2) Taiwan is a global leader and hub for international
aviation, with a range of expertise, information, and resources
and the fifth busiest airport in Asia (Taoyuan International
Airport), and its meaningful participation in ICAO would
significantly enhance the ability of ICAO to ensure the safety
and security of global aviation; and
(3) coercion by the Chinese Communist Party and the People's
Republic of China has ensured the systematic exclusion of Taiwan
from meaningful participation in ICAO, significantly undermining
the ability of ICAO to ensure the safety and security of global
aviation.
(b) Plan for Taiwan's Meaningful Participation in the International
Civil Aviation Organization.--The Secretary of State, in coordination
with the Secretary of Commerce and the Secretary of Transportation, is
authorized--
(1) to initiate a United States plan to secure Taiwan's
meaningful participation in ICAO, including in ICAO triennial
assembly sessions, conferences, technical working groups,
meetings, activities, and mechanisms; and
(2) to instruct the United States representative to the ICAO
to--
(A) use the voice and vote of the United States to
ensure Taiwan's meaningful participation in ICAO,
including in ICAO triennial assembly sessions,
conferences, technical working groups, meetings,
activities, and mechanisms; and
(B) seek to secure a vote at the next ICAO triennial
assembly session on the question of Taiwan's
participation in that session.
(c) Report Concerning Taiwan's Meaningful Participation in the
International Civil Aviation Organization.-- <<NOTE: Time period.>> Not
later than 90 days after the date of the enactment of this Act, and not
later than April 1 of each year thereafter for the following 6 years,
the Secretary of State, in coordination with the Secretary of Commerce,
shall submit to the Committee on Foreign Relations and the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Foreign Affairs, the Committee on Transportation and Infrastructure, and
the Committee on Energy and Commerce of the House of Representatives an
unclassified report that--
(1) describes the United States plan to ensure Taiwan's
meaningful participation in ICAO, including in ICAO triennial
assembly sessions, conferences, technical working groups,
meetings, activities, and mechanisms;
(2) includes an account of the efforts made by the Secretary
of State and the Secretary of Commerce to ensure Taiwan's
meaningful participation in ICAO, including in ICAO triennial
assembly sessions, conferences, technical working groups,
meetings, activities, and mechanisms; and
[[Page 136 STAT. 3320]]
(3) identifies the steps the Secretary of State and the
Secretary of Commerce will take in the next year to ensure
Taiwan's meaningful participation in ICAO, including in ICAO
triennial assembly sessions, conferences, technical working
groups, meetings, activities, and mechanisms.
PART 4--MISCELLANEOUS PROVISIONS
SEC. 5520. REPORT ON TAIWAN TRAVEL ACT.
(a) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Armed Services of the Senate;
(3) the Committee on Appropriations of the Senate;
(4) the Committee on Foreign Affairs of the House of
Representatives;
(5) the Committee on Armed Services of the House of
Representatives; and
(6) the Committee on Appropriations of the House of
Representatives.
(b) List of High-level Visits.--Not later than 180 days after the
date of the enactment of this Act, and annually thereafter for 5 years,
the Secretary of State, in accordance with the Taiwan Travel Act (Public
Law 115-135), shall submit to the appropriate committees of Congress--
(1) a list of high-level officials from the United States
Government who have traveled to Taiwan on or after the date of
the enactment of the Taiwan Travel Act; and
(2) a list of high-level officials of Taiwan who have
entered the United States on or after such date of enactment.
(c) Annual Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and annually thereafter for 5 years,
the Secretary of State shall submit to the appropriate
committees of Congress a report on the implementation of the
Taiwan Travel Act (Public Law 115-135; 132 Stat. 341), including
a discussion of its positive effects on United States interests
in the region.
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 5521. AMENDMENTS TO THE TAIWAN ALLIES INTERNATIONAL
PROTECTION AND ENHANCEMENT INITIATIVE
(TAIPEI) ACT OF 2019.
The Taiwan Allies International Protection and Enhancement
Initiative (TAIPEI) Act of 2019 (Public Law 116-135) is amended--
(1) in section 2(5), <<NOTE: 134 Stat. 278.>> by striking
``and Kiribati'' and inserting ``Kiribati, and Nicaragua,'';
(2) in section <<NOTE: 134 Stat. 279.>> 4--
(A) in the matter preceding paragraph (1), by
striking ``should be'' and inserting ``is'';
(B) in paragraph (2), by striking ``and'' at the
end;
(C) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
[[Page 136 STAT. 3321]]
``(4) to support Taiwan's diplomatic relations with
governments and countries''; and
(3) in section <<NOTE: 134 Stat. 279.>> 5--
(A) in subsection (a)--
(i) in paragraph (2), by striking ``and'' at
the end;
(ii) in paragraph (3), by striking the period
at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(4) identify why governments and countries have altered
their diplomatic status vis-a-vis Taiwan and make
recommendations to mitigate further deterioration in Taiwan's
diplomatic relations with governments and countries.'';
(B) in subsection (b), by striking ``1 year after
the date of the enactment of this Act, and annually
thereafter for five years, the Secretary of State shall
report'' and inserting ``90 days after the date of the
enactment of the Taiwan Enhanced Resilience Act, and
annually thereafter for the following 7 years, the
Secretary of State shall submit an unclassified report,
with a classified annex,'';
(C) by redesignating subsection (c) as subsection
(d); and
(D) by inserting after subsection (b) the following:
``(c) <<NOTE: Deadlines. Time period.>> Briefings.--Not later than
90 days after the date of the enactment of the Taiwan Enhanced
Resilience Act, and annually thereafter for the following 7 years, the
Secretary of State shall provide briefings to the appropriate
congressional committees on the steps taken in accordance with section
(a). The briefings required under this subsection shall take place in an
unclassified setting, but may be accompanied by an additional classified
briefing.''.
SEC. 5522. REPORT ON ROLE OF PEOPLE'S REPUBLIC OF CHINA'S NUCLEAR
THREAT IN ESCALATION DYNAMICS.
(a) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Armed Services of the Senate;
(3) the Select Committee on Intelligence of the Senate;
(4) the Committee on Foreign Affairs of the House of
Representatives;
(5) the Committee on Armed Services of the House of
Representatives; and
(6) the Permanent Select Committee on Intelligence of the
House of Representatives.
(b) <<NOTE: Assessment.>> In General.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Defense and the Director of National
Intelligence, shall submit to the appropriate congressional committees a
report assessing the role of the increasing nuclear threat of the
People's Republic of China in escalation dynamics with respect to
Taiwan.
(c) Form.--The report required by subsection (b) shall be submitted
in classified form, but may include an unclassified summary.
[[Page 136 STAT. 3322]]
SEC. 5523. REPORT ANALYZING THE IMPACT OF RUSSIA'S WAR AGAINST
UKRAINE ON THE OBJECTIVES OF THE
PEOPLE'S REPUBLIC OF CHINA WITH RESPECT
TO TAIWAN.
(a) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Armed Services of the Senate;
(3) the Committee on Appropriations of the Senate;
(4) the Select Committee on Intelligence of the Senate;
(5) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(6) the Committee on Commerce, Science, and Transportation
of the Senate;
(7) the Committee on Foreign Affairs of the House of
Representatives;
(8) the Committee on Armed Services of the House of
Representatives;
(9) the Committee on Appropriations of the House of
Representatives;
(10) the Permanent Select Committee on Intelligence of the
House of Representatives;
(11) the Committee on Financial Services of the House of
Representatives; and
(12) the Committee on Energy and Commerce of the House of
Representatives.
(b) <<NOTE: Analysis.>> In General.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Defense and the Director of National
Intelligence, shall submit a report to the appropriate congressional
committees that analyzes the impact of Russia's war against Ukraine on
the PRC's diplomatic, military, economic, and propaganda objectives with
respect to Taiwan.
(c) Elements.--The report required by subsection (b) shall
describe--
(1) adaptations or known changes to PRC strategies and
military doctrine that the United States assesses are a direct
result of the Russian invasion of Ukraine or that the United
States assesses represent lessons learned by the People's
Republic of China in light of Russia's invasion of Ukraine,
including changes--
(A) to PRC behavior in international forums;
(B) within the People's Liberation Army, with
respect to the size of forces, the makeup of leadership,
weapons procurement, equipment upkeep, the doctrine on
the use of specific weapons, such as weapons banned
under the international law of armed conflict, efforts
to move weapons supply chains onto mainland PRC, or any
other changes in its military strategy with respect to
Taiwan;
(C) in economic planning, such as sanctions evasion,
efforts to minimize exposure to sanctions, or moves in
support of the protection of currency or other strategic
reserves;
(D) to propaganda, disinformation, and other
information operations originating in the PRC; and
(E) to the PRC's strategy for the use of force
against Taiwan, including any information on preferred
scenarios
[[Page 136 STAT. 3323]]
or operations to secure its objectives in Taiwan,
adjustments based on how the Russian military has
performed in Ukraine, and other relevant matters; and
(2) United States plans to adapt policies and military
planning in response to the changes referred to in paragraph
(1).
(d) <<NOTE: Classified information.>> Form.--The report required by
subsection (b) shall be submitted in classified form.
(e) Coordination With Allies and Partners.--The Secretary of State
shall share information contained in the report required by subsection
(b), as appropriate, with appropriate officials of allied and partners,
including Taiwan and other partners in Europe and in the Indo-Pacific.
SEC. 5524. EXPANDING UNITED STATES-TAIWAN DEVELOPMENT COOPERATION.
(a) <<NOTE: Reports.>> In General.--No later than 120 days
following the date of enactment of this Act, the Secretary of State, in
consultation with the Administrator of the United States Agency for
International Development (USAID), the United States International
Development Finance Corporation (DFC), and the heads of other relevant
Federal departments and agencies that provide international economic
assistance and other support, shall submit to Congress a report on
cooperation with Taiwan on trilateral and multilateral development
initiatives through the American Institute in Taiwan as appropriate.
(b) Matters to Be Included.--The report required by subsection (a)
shall include the following elements:
(1) <<NOTE: Review.>> A comprehensive review of existing
cooperation mechanisms and initiatives among USAID, DFC, other
relevant Federal agencies that provide international economic
assistance and other support, and relevant departments and
agencies in Taiwan, including Taiwan's International Cooperation
and Development Fund (ICDF).
(2) <<NOTE: Assessment.>> An assessment of how United
States development cooperation with relevant departments and
agencies in Taiwan compares to comparable cooperation with
partners of similar economic size and foreign assistance
capacity to Taiwan.
(3) <<NOTE: Analysis.>> An analysis of the opportunities
and challenges the cooperation reviewed in paragraph (1) has
offered to date. The analysis shall include--
(A) opportunities that collaboration has offered to
expand the United States Government's ability to deliver
support, assistance, and other international financial
products into a wider range communities;
(B) sectors where USAID, DFC, ICDF, other relevant
Federal agencies that provide international economic
assistance and other support in both Taiwan and the
United States, or the organizations' implementing
partners have a comparative advantage in providing
assistance;
(C) opportunities to transition capacity building
events with relevant departments and agencies in Taiwan,
through the Global Cooperation and Training Framework as
well as other forums, into enduring forms of development
cooperation.
(4) <<NOTE: Assessment.>> An assessment of any legal,
policy, logistical, financial, or administrative barriers to
expanding cooperation in trilateral or multilateral development.
The analysis shall include--
[[Page 136 STAT. 3324]]
(A) availability of personnel at the American
Institute in Taiwan responsible for coordinating
development assistance cooperation;
(B) volume of current cooperation initiatives and
barriers to expanding them;
(C) diplomatic, policy, or legal barriers facing the
United States or other partners to including Taiwan in
formal and informal multilateral development cooperation
mechanisms;
(D) resource or capacity barriers to expanding
cooperation facing the United States or Taiwan; and
(E) geopolitical barriers that complicate United
States-Taiwan cooperation in third countries.
(5) <<NOTE: Recommenda- tions.>> Recommendations to address
the challenges identified in paragraph (4).
(6) A description of any additional resources or authorities
that expanding cooperation might require.
(c) Form of Report.--The strategy required under subsection (a)
shall be submitted in unclassified form, but may include a classified
annex.
SEC. 5525. SENSE OF CONGRESS ON EXPANDING UNITED STATES ECONOMIC
RELATIONS WITH TAIWAN.
It is the sense of the Congress that--
(1) expanding United States economic relations with Taiwan
has benefitted the people of both the United States and Taiwan,
as Taiwan is now the United States 10th largest goods trading
partner, 13th largest export market, 13th largest source of
imports, and a key destination for United States agricultural
exports;
(2) further integration would benefit both peoples and is in
the strategic and diplomatic interests of the United States; and
(3) the United States should explore opportunities to expand
economic agreements between Taiwan and the United States,
through dialogue, and by developing the legal templates required
to support potential future agreements.
PART 5-- <<NOTE: Taiwan Fellowship Act.>> SUPPORTING UNITED STATES
EDUCATIONAL AND EXCHANGE PROGRAMS WITH TAIWAN
SEC. 5526. <<NOTE: 22 USC 3351 note.>> SHORT TITLE.
This part may be cited as the ``Taiwan Fellowship Act''.
SEC. 5527. <<NOTE: 22 USC 3381.>> FINDINGS.
Congress makes the following findings:
(1) The Taiwan Relations Act (Public Law 96-8; 22 U.S.C.
3301 et seq.) affirmed United States policy ``to preserve and
promote extensive, close, and friendly commercial, cultural, and
other relations between the people of the United States and the
people on Taiwan, as well as the people on the China mainland
and all other peoples of the Western Pacific area''.
(2) Consistent with the Asia Reassurance Initiative Act of
2018 (Public Law 115-409), the United States has grown its
strategic partnership with Taiwan's vibrant democracy of
23,000,000 people.
[[Page 136 STAT. 3325]]
(3) The creation of a United States fellowship program with
Taiwan would support--
(A) a key priority of expanding people-to-people
exchanges, which was outlined in President Donald J.
Trump's 2017 National Security Strategy;
(B) President Joseph R. Biden's commitment to
Taiwan, ``a leading democracy and a critical economic
and security partner'', as expressed in his March 2021
Interim National Security Strategic Guidance; and
(C) April 2021 guidance from the Department of State
based on a review required under the Taiwan Assurance
Act of 2020 (subtitle B of title III of division FF of
Public Law 116-260) to ``encourage U.S. government
engagement with Taiwan that reflects our deepening
unofficial relationship''.
SEC. 5528. <<NOTE: 22 USC 3382.>> PURPOSES.
The purposes of this part are--
(1) to further strengthen the United States-Taiwan strategic
partnership and broaden understanding of the Indo-Pacific region
by temporarily assigning officials of any agencies of the United
States Government to Taiwan for intensive study in Mandarin and
placement as Fellows in a Taiwanese civic institution;
(2) to provide for eligible United States personnel--
(A) to learn or strengthen Mandarin Chinese language
skills; and
(B) to expand their understanding of the political
economy of Taiwan and the Indo-Pacific region; and
(3) to better position the United States to advance its
economic, security, and human rights interests and values in the
Indo-Pacific region.
SEC. 5529. <<NOTE: 22 USC 3383.>> DEFINITIONS.
In this part:
(1) Agency head.--The term ``agency head'' means, in the
case of the executive branch of United States Government or a
legislative branch agency described in paragraph (2), the head
of the respective agency.
(2) Agency of the united states government.--The term
``agency of the United States Government'' includes the
Government Accountability Office, the Congressional Budget
Office, and the Congressional Research Service of the
legislative branch, as well as any agency of the executive
branch.
(3) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House of
Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(4) Detailee.--The term ``detailee'' means--
(A) an employee of an agency of the United States
Government on loan to the American Institute in Taiwan,
without a change of position from the agency at which
the employee is employed; and
[[Page 136 STAT. 3326]]
(B) a legislative branch employee from the
Government Accountability Office, Congressional Budget
Office, or the Congressional Research Service.
(5) Implementing partner.--The term ``implementing partner''
means any United States organization described in section
501(c)(3) of the Internal Revenue Code of 1986 that--
(A) performs logistical, administrative, and other
functions, as determined by the Department of State and
the American Institute of Taiwan in support of the
Taiwan Fellowship Program; and
(B) enters into a cooperative agreement with the
American Institute in Taiwan to administer the Taiwan
Fellowship Program.
(6) Program.--The term ``Program'' means the Taiwan
Fellowship Program established pursuant to section 5530.
SEC. 5530. <<NOTE: 22 USC 3384.>> TAIWAN FELLOWSHIP PROGRAM.
(a) Establishment.--The Secretary of State shall establish the
Taiwan Fellowship Program (referred to in this section as the
``Program'') to provide a fellowship opportunity in Taiwan of up to 2
years for eligible United States citizens. The Department of State, in
consultation with the American Institute in Taiwan and the implementing
partner, may modify the name of the Program.
(b) Cooperative Agreement.--
(1) In general.--The American Institute in Taiwan should use
amounts appropriated pursuant to section 5533(a) to enter into
an annual or multi-year cooperative agreement with an
appropriate implementing partner.
(2) Fellowships.--The Department of State or the American
Institute in Taiwan, in consultation with, as appropriate, the
implementing partner, should award to eligible United States
citizens, subject to available funding--
(A) approximately 5 fellowships during the first 2
years of the Program; and
(B) approximately 10 fellowships during each of the
remaining years of the Program.
(c) American Institution in Taiwan Agreement; Implementing
Partner.-- <<NOTE: Deadline.>> Not later than 30 days after the date of
the enactment of this Act, the American Institute in Taiwan, in
consultation with the Department of State, should--
(1) begin negotiations with the Taipei Economic and Cultural
Representative Office, or with another appropriate entity, for
the purpose of entering into an agreement to facilitate the
placement of fellows in an agency of Taiwan; and
(2) begin the process of selecting an implementing partner,
which--
(A) shall agree to meet all of the legal
requirements required to operate in Taiwan; and
(B) shall be composed of staff who demonstrate
significant experience managing exchange programs in the
Indo-Pacific region.
(d) Curriculum.--
(1) First year.--During the first year of each fellowship
under this section, each fellow should study--
(A) the Mandarin Chinese language;
[[Page 136 STAT. 3327]]
(B) the people, history, and political climate on
Taiwan; and
(C) the issues affecting the relationship between
the United States and the Indo-Pacific region.
(2) Second year.--During the second year of each fellowship
under this section, each fellow, subject to the approval of the
Department of State, the American Institute in Taiwan, and the
implementing partner, and in accordance with the purposes of
this subtitle, should work in--
(A) a parliamentary office, ministry, or other
agency of Taiwan; or
(B) an organization outside the public sector in
Taiwan, whose interests are associated with the
interests of the fellow and the agency of the United
States Government from which the fellow is or had been
employed.
(e) Program Requirements.--
(1) Eligibility requirements.--A United States citizen is
eligible for a fellowship under this section if the citizen--
(A) is an employee of the United States Government;
(B) has received at least one exemplary performance
review in his or her current United States Government
role within at least the last three years prior to
beginning the fellowship;
(C) has at least 2 years of experience in any branch
of the United States Government;
(D) has a demonstrated professional or educational
background in the relationship between the United States
and countries in the Indo-Pacific region; and
(E) has demonstrated his or her commitment to
further service in the United States Government.
(2) Responsibilities of fellows.--Each recipient of a
fellowship under this section shall agree, as a condition of
such fellowship--
(A) to maintain satisfactory progress in language
training and appropriate behavior in Taiwan, consistent
with United States Government policy toward Taiwan, as
determined by the Department of State, the American
Institute in Taiwan and, as appropriate, its
implementing partner;
(B) to refrain from engaging in any intelligence or
intelligence-related activity on behalf of the United
States Government; and
(C) <<NOTE: Time periods.>> to continue Federal
Government employment for a period of not less than 4
years after the conclusion of the fellowship or for not
less than 2 years for a fellowship that is 1 year or
shorter.
(3) Responsibilities of implementing partner.--
(A) Selection of fellows.--The implementing partner,
with the concurrence of the Department of State and the
American Institute in Taiwan, shall--
(i) make efforts to recruit fellowship
candidates who reflect the diversity of the United
States;
(ii) select fellows for the Taiwan Fellowship
Program based solely on merit, with appropriate
supervision from the Department of State and the
American Institute in Taiwan; and
[[Page 136 STAT. 3328]]
(iii) prioritize the selection of candidates
willing to serve in a fellowship lasting 1 year or
longer.
(B) First year.--The implementing partner should
provide each fellow in the first year (or shorter
duration, as jointly determined by the Department of
State and the American Institute in Taiwan for those who
are not serving a 2-year fellowship) with--
(i) intensive Mandarin Chinese language
training; and
(ii) courses in the politics, culture, and
history of Taiwan, China, and the broader Indo-
Pacific.
(C) Waiver of first-year training.--The Department
of State, in coordination with the American Institute in
Taiwan and, as appropriate, the implementing partner,
may waive any of the training required under paragraph
(2) to the extent that a fellow has Mandarin language
skills, knowledge of the topic described in subparagraph
(B)(ii), or for other related reasons approved by the
Department of State and the American Institute in
Taiwan. If any of the training requirements are waived
for a fellow serving a 2-year fellowship, the training
portion of his or her fellowship may be shortened to the
extent appropriate.
(D) Office; staffing.--The implementing partner, in
consultation with the Department of State and the
American Institute in Taiwan, may maintain an office and
at least 1 full-time staff member in Taiwan--
(i) to liaise with the American Institute in
Taiwan and institutions of Taiwan; and
(ii) to serve as the primary in-country point
of contact for the recipients of fellowships under
this part and their dependents.
(E) Other functions.--The implementing partner may
perform other functions in association with support of
the Taiwan Fellowship Program, including logistical and
administrative functions, as prescribed by the
Department of State and the American Institute in
Taiwan.
(4) Noncompliance.--
(A) <<NOTE: Reimbursement.>> In general.--Any
fellow who fails to comply with the requirements under
this section shall reimburse the American Institute in
Taiwan, or the appropriate United States Government
agency for--
(i) the Federal funds expended for the
fellow's participation in the fellowship, as set
forth in subparagraphs (B) and (C); and
(ii) interest accrued on such funds
(calculated at the prevailing rate).
(B) Full reimbursement.--Any fellow who violates
subparagraph (A) or (B) of paragraph (2) shall reimburse
the American Institute in Taiwan, or the appropriate
United States Government agency, in an amount equal to
the sum of--
(i) all of the Federal funds expended for the
fellow's participation in the fellowship; and
(ii) interest on the amount specified in
subparagraph (A), which shall be calculated at the
prevailing rate.
[[Page 136 STAT. 3329]]
(C) Pro rata reimbursement.--Any fellow who violates
subparagraph (C) of paragraph (2) shall reimburse the
American Institute in Taiwan, or the appropriate United
States Government agency, in an amount equal to the
difference between--
(i) the amount specified in subparagraph (B);
and
(ii) the product of--
(I) the amount the fellow received
in compensation during the final year of
the fellowship, including the value of
any allowances and benefits received by
the fellow; multiplied by
(II) the percentage of the period
specified in paragraph (2)(C) during
which the fellow did not remain employed
by the Federal Government.
(f) Flexible Fellowship Duration.--Notwithstanding any requirement
under this section, the Secretary of State, in consultation with the
American Institute in Taiwan and, as appropriate, the implementing
partner, may award fellowships that have a duration of less than 2
years, and may alter the curriculum requirements under subsection (d)
for such purposes.
(g) Sunset.--The fellowship program under this part shall terminate
7 years after the date of the enactment of this Act.
SEC. 5531. <<NOTE: 22 USC 3385.>> REPORTS AND AUDITS.
(a) Annual Report.--Not later than 90 days after the selection of
the first class of fellows under this part, and annually thereafter for
7 years, the Department of State shall offer to brief the appropriate
committees of Congress regarding the following issues:
(1) <<NOTE: Assessment.>> An assessment of the performance
of the implementing partner in fulfilling the purposes of this
part.
(2) The names and sponsoring agencies of the fellows
selected by the implementing partner and the extent to which
such fellows represent the diversity of the United States.
(3) The names of the parliamentary offices, ministries,
other agencies of Taiwan, and nongovernmental institutions to
which each fellow was assigned during the second year of the
fellowship.
(4) <<NOTE: Recommenda- tions.>> Any recommendations, as
appropriate, to improve the implementation of the Taiwan
Fellowship Program, including added flexibilities in the
administration of the program.
(5) <<NOTE: Assessment.>> An assessment of the Taiwan
Fellowship Program's value upon the relationship between the
United States and Taiwan or the United States and Asian
countries.
(b) Annual Financial Audit.--
(1) In general.--The financial records of any implementing
partner shall be audited annually in accordance with generally
accepted government auditing standards by independent certified
public accountants or independent licensed public accountants
who are certified or licensed by a regulatory authority of a
State or another political subdivision of the United States.
(2) Location.--Each audit under paragraph (1) shall be
conducted at the place or places where the financial records of
the implementing partner are normally kept.
(3) <<NOTE: Records.>> Access to documents.--The
implementing partner shall make available to the accountants
conducting an audit under paragraph (1)--
[[Page 136 STAT. 3330]]
(A) all books, financial records, files, other
papers, things, and property belonging to, or in use by,
the implementing partner that are necessary to
facilitate the audit; and
(B) full facilities for verifying transactions with
the balances or securities held by depositories, fiscal
agents, and custodians.
(4) Report.--
(A) In general.--Not later than 270 days after the
end of each fiscal year, the implementing partner shall
provide a report of the audit conducted for such fiscal
year under paragraph (1) to the Department of State and
the American Institute in Taiwan.
(B) Contents.--Each audit report shall--
(i) set forth the scope of the audit;
(ii) include such statements, along with the
auditor's opinion of those statements, as may be
necessary to present fairly the implementing
partner's assets and liabilities, surplus or
deficit, with reasonable detail;
(iii) include a statement of the implementing
partner's income and expenses during the year; and
(iv) include a schedule of--
(I) all contracts and cooperative
agreements requiring payments greater
than $5,000; and
(II) any payments of compensation,
salaries, or fees at a rate greater than
$5,000 per year.
(C) Copies.--Each audit report shall be produced in
sufficient copies for distribution to the public.
SEC. 5532. <<NOTE: 22 USC 3386.>> TAIWAN FELLOWS ON DETAIL FROM
GOVERNMENT SERVICE.
(a) In General.--
(1) <<NOTE: Time period.>> Detail authorized.--With the
approval of the Secretary of State, an agency head may detail,
for a period of not more than 2 years, an employee of the agency
of the United States Government who has been awarded a
fellowship under this part, to the American Institute in Taiwan
for the purpose of assignment to Taiwan or an organization
described in section 5530(d)(2)(B).
(2) Agreement.--Each detailee shall enter into a written
agreement with the Federal Government before receiving a
fellowship, in which the fellow shall agree--
(A) <<NOTE: Time periods.>> to continue in the
service of the sponsoring agency at the end of
fellowship for a period of at least 4 years (or at least
2 years if the fellowship duration is 1 year or shorter)
unless the detailee is involuntarily separated from the
service of such agency; and
(B) <<NOTE: Payment.>> to pay to the American
Institute in Taiwan, or the United States Government
agency, as appropriate, any additional expenses incurred
by the Federal Government in connection with the
fellowship if the detailee voluntarily separates from
service with the sponsoring agency before the end of the
period for which the detailee has agreed to continue in
the service of such agency.
(3) <<NOTE: Notification.>> Exception.--The payment agreed
to under paragraph (2)(B) may not be required from a detailee
who leaves the service of the sponsoring agency to enter into
the service of
[[Page 136 STAT. 3331]]
another agency of the United States Government unless the head
of the sponsoring agency notifies the detailee before the
effective date of entry into the service of the other agency
that payment will be required under this subsection.
(b) Status as Government Employee.--A detailee--
(1) is deemed, for the purpose of preserving allowances,
privileges, rights, seniority, and other benefits, to be an
employee of the sponsoring agency;
(2) is entitled to pay, allowances, and benefits from funds
available to such agency, which is deemed to comply with section
5536 of title 5, United States Code; and
(3) may be assigned to a position with an entity described
in section 5530(d)(2)(A) if acceptance of such position does not
involve--
(A) the taking of an oath of allegiance to another
government; or
(B) the acceptance of compensation or other benefits
from any foreign government by such detailee.
(c) Responsibilities of Sponsoring Agency.--
(1) In general.--The Federal agency from which a detailee is
detailed should provide the fellow allowances and benefits that
are consistent with Department of State Standardized Regulations
or other applicable rules and regulations, including--
(A) a living quarters allowance to cover the cost of
housing in Taiwan;
(B) a cost of living allowance to cover any possible
higher costs of living in Taiwan;
(C) a temporary quarters subsistence allowance for
up to 7 days if the fellow is unable to find housing
immediately upon arriving in Taiwan;
(D) an education allowance to assist parents in
providing the fellow's minor children with educational
services ordinarily provided without charge by public
schools in the United States;
(E) moving expenses to transport personal belongings
of the fellow and his or her family in their move to
Taiwan, which is comparable to the allowance given for
American Institute in Taiwan employees assigned to
Taiwan; and
(F) an economy-class airline ticket to and from
Taiwan for each fellow and the fellow's immediate
family.
(2) Modification of benefits.--The American Institute in
Taiwan and its implementing partner, with the approval of the
Department of State, may modify the benefits set forth in
paragraph (1) if such modification is warranted by fiscal
circumstances.
(d) No Financial Liability.--The American Institute in Taiwan, the
implementing partner, and Taiwan or non-public sector entities in Taiwan
at which a fellow is detailed during the second year of the fellowship
may not be held responsible for the pay, allowances, or any other
benefit normally provided to the detailee.
(e) Reimbursement.--Fellows may be detailed under subsection (a)(1)
without reimbursement to the United States by the American Institute in
Taiwan.
(f) Allowances and Benefits.--Detailees may be paid by the American
Institute in Taiwan for the allowances and benefits listed in subsection
(c).
[[Page 136 STAT. 3332]]
SEC. <<NOTE: 22 USC 3387.>> 5533. FUNDING.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to the American Institute in Taiwan--
(1) for fiscal year 2023, $2,900,000, of which--
(A) $500,000 should be used to launch the Taiwan
Fellowship Program through a competitive cooperative
agreement with an appropriate implementing partner;
(B) $2,300,000 should be used to fund a cooperative
agreement with an appropriate implementing partner; and
(C) $100,000 should be used for management expenses
of the American Institute in Taiwan related to the
management of the Taiwan Fellowship Program; and
(2) for fiscal year 2024, and each succeeding fiscal year,
$2,400,000, of which--
(A) $2,300,000 should be used for a cooperative
agreement to the appropriate implementing partner; and
(B) $100,000 should be used for management expenses
of the American Institute in Taiwan related to the
management of the Taiwan Fellowship Program.
(b) Private Sources.--The implementing partner selected to implement
the Taiwan Fellowship Program may accept, use, and dispose of gifts or
donations of services or property in carrying out such program, subject
to the review and approval of the American Institute in Taiwan.
SEC. 5534. <<NOTE: Analyses.>> STUDY AND REPORT.
Not later than 1 year prior to the sunset of the fellowship program
under section 5530(g), the Comptroller General of the United States
shall conduct a study and submit to the Committee on Foreign Relations
of the Senate and the Committee on Foreign Affairs of the House a report
that includes--
(1) an analysis of the United States Government participants
in this program, including the number of applicants and the
number of fellowships undertaken, the place of employment, and
an assessment of the costs and benefits for participants and for
the United States Government of such fellowships;
(2) an analysis of the financial impact of the fellowship on
United States Government offices which have provided fellows to
participate in the program; and
(3) <<NOTE: Recommenda- tions.>> recommendations, if any,
on how to improve the fellowship program.
SEC. 5535. <<NOTE: 22 USC 3388.>> SUPPORTING UNITED STATES
EDUCATIONAL AND EXCHANGE PROGRAMS WITH
TAIWAN.
(a) Establishment of the United States-Taiwan Cultural Exchange
Foundation.--The Secretary of State should consider establishing an
independent nonprofit entity that--
(1) is dedicated to deepening ties between the future
leaders of Taiwan and the future leaders of the United States;
and
(2) works with State and local school districts and
educational institutions to send high school and university
students to Taiwan to study the Chinese language, culture,
history, politics, and other relevant subjects.
(b) Partner.--State and local school districts and educational
institutions, including public universities, are encouraged to partner
with the Taipei Economic and Cultural Representative Office in
[[Page 136 STAT. 3333]]
the United States to establish programs to promote more educational and
cultural exchanges.
PART 6-- <<NOTE: United States-Taiwan Public Health Protection
Act.>> UNITED STATES-TAIWAN PUBLIC HEALTH PROTECTION
SEC. 5536. SHORT TITLE.
This part may be cited as ``United States-Taiwan Public Health
Protection Act''.
SEC. 5537. DEFINITIONS.
In this part:
(1) Appropriate congressional committees.--For the purposes
of this part, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Health, Education, Labor, and
Pensions of the Senate;
(C) the Committee on Appropriations of the Senate;
(D) the Committee on Foreign Affairs of the House of
Representatives;
(E) the Committee on Energy and Commerce of the
House of Representatives; and
(F) the Committee on Appropriations of the House of
Representatives.
(2) Center.--The term ``Center'' means the Infectious
Disease Monitoring Center described in section 5538(a)(2).
SEC. 5538. STUDY ON AN INFECTIOUS DISEASE MONITORING CENTER.
(a) <<NOTE: Deadline.>> Study.--Not later than one year after the
date of the enactment of this Act, the Secretary of State and the
Secretary of Health and Human Services, in consultation with the heads
of other relevant Federal departments and agencies, shall submit to
appropriate congressional committees a study that includes the
following:
(1) A description of ongoing cooperation between the United
States Government and Taiwan related to public health, including
public health activities supported by the United States in
Taiwan.
(2) A description how the United States and Taiwan can
promote further cooperation and expand public health activities,
including the feasibility and utility of establishing an
Infectious Disease Monitoring Center within the American
Institute of Taiwan in Taipei, Taiwan to--
(A) regularly monitor, analyze, and disseminate
open-source material from countries in the region,
including viral strains, bacterial subtypes, and other
pathogens;
(B) engage in people-to-people contacts with medical
specialists and public health officials in the region;
(C) provide expertise and information on infectious
diseases to the United States Government and Taiwanese
officials; and
(D) carry out other appropriate activities, as
determined by the Director of the Center.
(b) Elements.--The study required by subsection (a) shall include--
[[Page 136 STAT. 3334]]
(1) <<NOTE: Plan.>> a plan on how such a Center would be
established and operationalized, including--
(A) the personnel, material, and funding
requirements necessary to establish and operate the
Center; and
(B) the proposed structure and composition of Center
personnel, which may include--
(i) infectious disease experts from the
Department of Health and Human Services, who are
recommended to serve as detailees to the Center;
and
(ii) additional qualified persons to serve as
detailees to or employees of the Center,
including--
(I) from any other relevant Federal
department or agencies, to include the
Department of State and the United
States Agency for International
Development;
(II) qualified foreign service
nationals or locally engaged staff who
are considered citizens of Taiwan; and
(III) employees of the Taiwan
Centers for Disease Control;
(2) <<NOTE: Evaluation.>> an evaluation, based on the
factors in paragraph (1), of whether to establish the Center;
and
(3) a description of any consultations or agreements between
the American Institute in Taiwan and the Taipei Economic and
Cultural Representative Office in the United States regarding
the establishment and operation of the Center, including--
(A) the role that employees of the Taiwan Centers
for Disease Control would play in supporting or
coordinating with the Center; and
(B) whether any employees of the Taiwan Centers for
Disease Control would be detailed to, or co-located
with, the Center.
(c) Consultation.--The Secretary of State and the Secretary of
Health and Human Services shall consult with the appropriate
congressional committees before full completion of the study.
PART 7--RULES OF CONSTRUCTION
SEC. 5539. <<NOTE: 22 USC 3391.>> RULE OF CONSTRUCTION.
Nothing in this subtitle may be construed--
(1) to restore diplomatic relations with the Republic of
China; or
(2) to alter the United States Government's position with
respect to the international status of the Republic of China.
SEC. 5540. <<NOTE: 22 USC 3392.>> RULE OF CONSTRUCTION REGARDING
THE USE OF MILITARY FORCE.
Nothing in this title may be construed as authorizing the use of
military force or the introduction of United States forces into
hostilities.
[[Page 136 STAT. 3335]]
Subtitle B <<NOTE: United States-Ecuador Partnership Act of 2022.>> --
United States-Ecuador Partnership Act of 2022
SEC. 5541. <<NOTE: 22 USC 2151 note.>> SHORT TITLE.
This subtitle may be cited as the ``United States-Ecuador
Partnership Act of 2022''.
SEC. 5542. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States should take additional steps to
strengthen its bilateral partnership with Ecuador, including by
providing for robust trade and investment, increasing law
enforcement cooperation, renewing the activities of the United
States Agency for International Development in Ecuador, and
supporting Ecuador's response to and recovery from the COVID-19
pandemic, as necessary and appropriate; and
(2) strengthening the United States-Ecuador partnership
presents an opportunity to advance core United States national
security interests and work with other democratic partners to
maintain a prosperous, politically stable, and democratic
Western Hemisphere that is resilient to malign foreign
influence.
SEC. 5543. <<NOTE: Strategy.>> FACILITATING ECONOMIC AND
COMMERCIAL TIES.
The Secretary of State, in coordination with the Secretary of
Commerce, the United States Trade Representative, the Secretary of the
Treasury, and the heads of other relevant Federal departments and
agencies, as appropriate, shall develop and implement a strategy to
strengthen commercial and economic ties between the United States and
Ecuador by--
(1) promoting cooperation and information sharing to
encourage awareness of and increase trade and investment
opportunities between the United States and Ecuador;
(2) supporting efforts by the Government of Ecuador to
promote a more open, transparent, and competitive business
environment, including by lowering trade barriers, implementing
policies to reduce trading times, and improving efficiencies to
expedite customs operations for importers and exporters of all
sizes, in all sectors, and at all ports of entry in Ecuador;
(3) establishing frameworks or mechanisms to review the long
term financial sustainability and security implications of
foreign investments in Ecuador in strategic sectors or services;
(4) establishing competitive and transparent infrastructure
project selection and procurement processes in Ecuador that
promote transparency, open competition, financial
sustainability, and robust adherence to global standards and
norms;
(5) developing programs to help the Government of Ecuador
improve efficiency and transparency in customs administration,
including through support for the Government of Ecuador's
ongoing efforts to digitize its customs process and accept
electronic documents required for the import, export, and
transit of goods under specific international standards, as well
as related training to expedite customs, security, efficiency,
and competitiveness;
(6) spurring digital transformation that would advance--
[[Page 136 STAT. 3336]]
(A) the provision of digitized government services
with the greatest potential to improve transparency,
lower business costs, and expand citizens' access to
public services and public information; and
(B) best practices to mitigate the risks to digital
infrastructure by doing business with communication
networks and communications supply chains with equipment
and services from companies with close ties to or
susceptible to pressure from governments or security
services without reliable legal checks on governmental
powers; and
(7) identifying, as appropriate, a role for the United
States International Development Finance Corporation, the
Millennium Challenge Corporation, the United States Agency for
International Development, and the United States private sector
in supporting efforts to increase private sector investment and
strengthen economic prosperity.
SEC. 5544. <<NOTE: Strategy.>> PROMOTING INCLUSIVE ECONOMIC
DEVELOPMENT.
The Administrator of the United States Agency for International
Development, in coordination with the Secretary of State and the heads
of other relevant Federal departments and agencies, as appropriate,
shall develop and implement a strategy and related programs to support
inclusive economic development across Ecuador's national territory by--
(1) facilitating increased access to public and private
financing, equity investments, grants, and market analysis for
small and medium-sized businesses;
(2) providing technical assistance to local governments to
formulate and enact local development plans that invest in
Indigenous and Afro-Ecuadorian communities;
(3) connecting rural agricultural networks, including
Indigenous and Afro-Ecuadorian agricultural networks, to
consumers in urban centers and export markets, including through
infrastructure construction and maintenance programs that are
subject to audits and carefully designed to minimize potential
environmental harm;
(4) partnering with local governments, the private sector,
and local civil society organizations, including organizations
representing marginalized communities and faith-based
organizations, to provide skills training and investment in
support of initiatives that provide economically viable, legal
alternatives to participating in illegal economies; and
(5) connecting small scale fishing enterprises to consumers
and export markets, in order to reduce vulnerability to
organized criminal networks.
SEC. 5545. <<NOTE: Strategy.>> COMBATING ILLICIT ECONOMIES,
CORRUPTION, AND NEGATIVE FOREIGN
INFLUENCE.
The Secretary of State, in coordination with the Secretary of the
Treasury, shall develop and implement a strategy and related programs to
increase the capacity of Ecuador's justice system and law enforcement
authorities to combat illicit economies, corruption, transnational
criminal organizations, and the harmful influence of malign foreign and
domestic actors by--
(1) providing technical assistance and material support
(including, as appropriate, radars, vessels, and communications
equipment) to vetted specialized units of Ecuador's national
[[Page 136 STAT. 3337]]
police and the armed services to disrupt, degrade, and dismantle
organizations involved in illicit narcotics trafficking,
transnational criminal activities, illicit mining, and illegal,
unregulated, and unreported fishing, among other illicit
activities;
(2) providing technical assistance to address challenges
related to Ecuador's penitentiary and corrections system;
(3) strengthening the regulatory framework of mining through
collaboration with key Ecuadorian institutions, such as the
Interior Ministry's Special Commission for the Control of
Illegal Mining and the National Police's Investigative Unit on
Mining Crimes, and providing technical assistance in support of
their law enforcement activities;
(4) providing technical assistance to judges, prosecutors,
and ombudsmen to increase capacity to enforce laws against human
smuggling and trafficking, illicit mining, illegal logging,
illegal, unregulated, and unreported (IUU) fishing, and other
illicit economic activities;
(5) providing support to the Government of Ecuador to
prevent illegal, unreported, and unregulated fishing, including
through expanding detection and response capabilities, and the
use of dark vessel tracing technology;
(6) supporting multilateral efforts to stem illegal,
unreported, and unregulated fishing with neighboring countries
in South America and within the South Pacific Regional Fisheries
Management Organisation;
(7) assisting the Government of Ecuador's efforts to protect
defenders of internationally recognized human rights, including
through the work of the Office of the Ombudsman of Ecuador, and
by encouraging the inclusion of Indigenous and Afro-Ecuadorian
communities and civil society organizations in this process;
(8) supporting efforts to improve transparency, uphold
accountability, and build capacity within the Office of the
Comptroller General;
(9) enhancing the institutional capacity and technical
capabilities of defense and security institutions of Ecuador to
conduct national or regional security missions, including
through regular bilateral and multilateral cooperation, foreign
military financing, international military education, and
training programs, consistent with applicable Ecuadorian laws
and regulations;
(10) enhancing port management and maritime security
partnerships to disrupt, degrade, and dismantle transnational
criminal networks and facilitate the legitimate flow of people,
goods, and services; and
(11) strengthening cybersecurity cooperation--
(A) to effectively respond to cybersecurity threats,
including state-sponsored threats;
(B) to share best practices to combat such threats;
(C) to help develop and implement information
architectures that respect individual privacy rights and
reduce the risk that data collected through such systems
will be exploited by malign state and non-state actors;
(D) to strengthen resilience against cyberattacks;
and
(E) to strengthen the resilience of critical
infrastructure.
[[Page 136 STAT. 3338]]
SEC. 5546. STRENGTHENING DEMOCRATIC GOVERNANCE.
(a) Strengthening Democratic Governance.--The Secretary of State, in
coordination with the Administrator of the United States Agency for
International Development, should develop and implement initiatives to
strengthen democratic governance in Ecuador by supporting--
(1) measures to improve the capacity of national and
subnational government institutions to govern through
transparent, inclusive, and democratic processes;
(2) efforts that measurably enhance the capacity of
political actors and parties to strengthen democratic
institutions and the rule of law;
(3) initiatives to strengthen democratic governance,
including combating political, administrative, and judicial
corruption and improving transparency of the administration of
public budgets; and
(4) the efforts of civil society organizations and
independent media--
(A) to conduct oversight of the Government of
Ecuador and the National Assembly of Ecuador;
(B) to promote initiatives that strengthen
democratic governance, anti-corruption standards, and
public and private sector transparency; and
(C) to foster political engagement between the
Government of Ecuador, including the National Assembly
of Ecuador, and all parts of Ecuadorian society,
including women, indigenous communities, and Afro-
Ecuadorian communities.
(b) Legislative Strengthening.--The Administrator of the United
States Agency for International Development, working through the
Consortium for Elections and Political Process Strengthening or any
equivalent or successor mechanism, shall develop and implement programs
to strengthen the National Assembly of Ecuador by providing training and
technical assistance to--
(1) members and committee offices of the National Assembly
of Ecuador, including the Ethics Committee and Audit Committee;
(2) assist in the creation of entities that can offer
comprehensive and independent research and analysis on
legislative and oversight matters pending before the National
Assembly, including budgetary and economic issues; and
(3) improve democratic governance and government
transparency, including through effective legislation.
(c) Bilateral Legislative Cooperation.--To the degree practicable,
in implementing the programs required under subsection (b), the
Administrator of the United States Agency for International Development
should facilitate meetings and collaboration between members of the
United States Congress and the National Assembly of Ecuador.
SEC. 5547. FOSTERING CONSERVATION AND STEWARDSHIP.
The Administrator of the United States Agency for International
Development, in coordination with the Secretary of State and the heads
of other relevant Federal departments and agencies,
[[Page 136 STAT. 3339]]
shall develop and implement programs and enhance existing programs, as
necessary and appropriate, to improve ecosystem conservation and enhance
the effective stewardship of Ecuador's natural resources by--
(1) providing technical assistance to Ecuador's Ministry of
the Environment to safeguard national parks and protected
forests and protected species, while promoting the participation
of Indigenous communities in this process;
(2) strengthening the capacity of communities to access the
right to prior consultation, encoded in Article 57 of the
Constitution of Ecuador and related laws, executive decrees,
administrative acts, and ministerial regulations;
(3) supporting Indigenous and Afro-Ecuadorian communities as
they raise awareness of threats to biodiverse ancestral lands,
including through support for local media in such communities
and technical assistance to monitor illicit activities;
(4) partnering with the Government of Ecuador in support of
reforestation and improving river, lake, and coastal water
quality;
(5) providing assistance to communities affected by illegal
mining and deforestation; and
(6) fostering mechanisms for cooperation on emergency
preparedness and rapid recovery from natural disasters,
including by--
(A) establishing regional preparedness, recovery,
and emergency management centers to facilitate rapid
response to survey and help maintain planning on
regional disaster anticipated needs and possible
resources; and
(B) training disaster recovery officials on latest
techniques and lessons learned from United States
experiences.
SEC. 5548. AUTHORIZATION TO TRANSFER EXCESS COAST GUARD VESSELS.
(a) Sense of Congress.--It is the sense of Congress that the United
States should undertake efforts to expand cooperation with the
Government of Ecuador to--
(1) ensure protections for the Galapagos Marine Reserve;
(2) deter illegal, unreported, and unregulated fishing; and
(3) increase interdiction of narcotics trafficking and other
forms of illicit trafficking.
(b) Authority to Transfer Excess Coast Guard Vessels to the
Government of Ecuador.-- <<NOTE: President. Assessment.>> The President
shall conduct a joint assessment with the Government of Ecuador to
ensure sufficient capacity exists to maintain Island class cutters. Upon
completion of a favorable assessment, the President is authorized to
transfer up to two ISLAND class cutters to the Government of Ecuador as
excess defense articles pursuant to the authority of section 516 of the
Foreign Assistance Act (22 U.S.C. 2321j).
(c) Grants Not Counted in Annual Total of Transferred Excess Defense
Articles.--The value of a vessel transferred to another country on a
grant basis pursuant to authority provided by subsection (b) shall not
be counted against the aggregate value of excess defense articles
transferred in any fiscal year under section 516 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j).
(d) Costs of Transfers.--Any expense incurred by the United States
in connection with a transfer authorized by this section
[[Page 136 STAT. 3340]]
shall be charged to the recipient notwithstanding section 516(e) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)).
(e) Repair and Refurbishment in United States Shipyards.--
<<NOTE: President. Requirement.>> To the maximum extent practicable, the
President shall require, as a condition of the transfer of a vessel
under this section, that the recipient to which the vessel is
transferred have such repair or refurbishment of the vessel as is
needed, before the vessel joins the naval forces of that recipient,
performed at a shipyard located in the United States.
(f) Expiration of Authority.--The authority to transfer a vessel
under this section shall expire at the end of the 3-year period
beginning on the date of the enactment of this Act.
SEC. 5549. REPORTING REQUIREMENTS.
(a) Secretary of State.--The Secretary of State, in coordination
with the heads of other relevant Federal departments and agencies as
described in sections 5543, 5545, and 5546(a), shall--
(1) not later than 180 days after the date of the enactment
of this Act, submit to the appropriate congressional committees
a comprehensive strategy to address the requirements described
in sections 5543, 5545, and 5546(a); and
(2) not later than 2 years and 4 years after submitting the
comprehensive strategy under paragraph (1), submit to the
appropriate congressional committees a report describing the
implementation of the strategy.
(b) Administrator of the United States Agency for International
Development.--The Administrator of the United States Agency for
International Development, in coordination with the heads of other
relevant Federal departments and agencies as described in sections 5544,
5546(b), and 5547, shall--
(1) not later than 180 days after the date of the enactment
of this Act, submit to appropriate congressional committees a
comprehensive strategy to address the requirements described in
sections 5544, 5546(b) and 5547; and
(2) not later than 2 years and 4 years after submitting the
comprehensive strategy under paragraph (1), submit to the
appropriate congressional committees a report describing the
implementation of the strategy.
(c) Submission.--The strategies and reports required under
subsections (a) and (b) may be submitted to the appropriate
congressional committees as joint strategies and reports.
(d) Appropriate Congressional Committees.--In this subtitle, the
term ``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on Foreign Affairs and
the Committee on Energy and Commerce of the House of Representatives.
SEC. 5550. SUNSET.
This subtitle shall terminate on the date that is 5 years after the
date of the enactment of this Act.
Subtitle <<NOTE: Fighting Emerging Narcotics Through Additional Nations
to Yield Lasting Results Act.>> C--FENTANYL Results Act
SEC. 5551. <<NOTE: 22 USC 2151 note.>> SHORT TITLE.
This subtitle may be cited as the ``Fighting Emerging Narcotics
Through Additional Nations to Yield Lasting Results Act'' or the
``FENTANYL Results Act''.
[[Page 136 STAT. 3341]]
SEC. 5552. <<NOTE: 22 USC 2291l.>> PRIORITIZATION OF EFFORTS OF
THE DEPARTMENT OF STATE TO COMBAT
INTERNATIONAL TRAFFICKING IN COVERED
SYNTHETIC DRUGS.
(a) In General.--The Secretary of State shall prioritize efforts of
the Department of State to combat international trafficking of covered
synthetic drugs by carrying out programs and activities to include the
following:
(1) Supporting increased data collection by the United
States and foreign countries through increased drug use surveys
among populations, increased use of wastewater testing where
appropriate, and multilateral sharing of that data.
(2) Engaging in increased consultation and partnership with
international drug agencies, including the European Monitoring
Centre for Drugs and Drug Addiction, regulatory agencies in
foreign countries, and the United Nations Office on Drugs and
Crime.
(3) Carrying out programs to provide technical assistance
and equipment, as appropriate, to strengthen the capacity of
foreign law enforcement agencies with respect to covered
synthetic drugs, as required by section 5553.
(4) Carrying out exchange programs for governmental and
nongovernmental personnel in the United States and in foreign
countries to provide educational and professional development on
demand reduction matters relating to the illicit use of covered
synthetic drugs and other drugs, as required by section 5554.
(b) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of State shall submit
to the appropriate congressional committees a report on the
implementation of this section.
(2) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Relations, the
Committee on Appropriations, and the Committee on the
Judiciary of the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Appropriations, and the Committee on the Judiciary of
the House of Representatives.
SEC. 5553. <<NOTE: 22 USC 2291m.>> PROGRAM TO PROVIDE ASSISTANCE
TO BUILD THE CAPACITY OF FOREIGN LAW
ENFORCEMENT AGENCIES WITH RESPECT TO
COVERED SYNTHETIC DRUGS.
(a) In General.--Notwithstanding section 660 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2420), the Secretary of State shall
establish a program to provide assistance to strengthen the capacity of
law enforcement agencies of the countries described in subsection (c) to
help such agencies to identify, track, and improve their forensics
detection capabilities with respect to covered synthetic drugs.
(b) Priority.--The Secretary of State shall prioritize technical
assistance, and the provision of equipment, as appropriate, under
subsection (a) among those countries described in subsection (c) in
which such assistance and equipment would have the most impact in
reducing illicit use of covered synthetic drugs in the United States.
[[Page 136 STAT. 3342]]
(c) Countries Described.--The foreign countries described in this
subsection are--
(1) countries that are producers of covered synthetic drugs;
(2) countries whose pharmaceutical and chemical industries
are known to be exploited for development or procurement of
precursors of covered synthetic drugs; or
(3) major drug-transit countries for covered synthetic drugs
as defined by the Secretary of State.
(d) Exception.--No assistance may be provided to the People's
Republic of China or to any of its law enforcement agencies pursuant to
the program authorized by this section.
(e) <<NOTE: Time period.>> Authorization of Appropriations.--There
is authorized to be appropriated to the Secretary of State to carry out
this section $4,000,000 for each of fiscal years 2023 through 2027.
SEC. 5554. <<NOTE: 22 USC 2291n.>> EXCHANGE PROGRAM ON DEMAND
REDUCTION MATTERS RELATING TO ILLICIT
USE OF COVERED SYNTHETIC DRUGS.
(a) In General.--The Secretary of State shall establish or continue
and strengthen, as appropriate, an exchange program for governmental and
nongovernmental personnel in the United States and in foreign countries
to provide educational and professional development on demand reduction
matters relating to the illicit use of covered synthetic drugs and other
drugs.
(b) Program Requirements.--The program required by subsection (a)--
(1) shall be limited to individuals who have expertise and
experience in matters described in subsection (a);
(2) in the case of inbound exchanges, may be carried out as
part of exchange programs and international visitor programs
administered by the Bureau of Educational and Cultural Affairs
of the Department of State, including the International Visitor
Leadership Program, in coordination with the Bureau of
International Narcotics and Law Enforcement Affairs; and
(3) shall include outbound exchanges for governmental or
nongovernmental personnel in the United States.
(c) <<NOTE: Time period.>> Authorization of Appropriations.--There
is authorized to be appropriated to the Secretary of State to carry out
this section $1,000,000 for each of fiscal years 2023 through 2027.
SEC. 5555. AMENDMENTS TO INTERNATIONAL NARCOTICS CONTROL PROGRAM.
(a) International Narcotics Control Strategy Report.--Section 489(a)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h(a)) is amended--
(1) by redesignating the second paragraph (10) as paragraph
(11); and
(2) by adding at the end the following:
``(12) Covered synthetic drugs and new psychoactive
substances.--
``(A) Covered synthetic drugs.--Information that
contains an assessment of the countries significantly
involved in the manufacture, production, transshipment,
or trafficking of covered synthetic drugs, to include
the following:
``(i) The scale of legal domestic production
and any available information on the number of
manufacturers and producers of such drugs in such
countries.
[[Page 136 STAT. 3343]]
``(ii) Information on any law enforcement
assessments of the scale of illegal production of
such drugs, including a description of the
capacity of illegal laboratories to produce such
drugs.
``(iii) The types of inputs used and a
description of the primary methods of synthesis
employed by illegal producers of such drugs.
``(iv) <<NOTE: Assessment.>> An assessment of
the policies of such countries to regulate licit
manufacture and interdict illicit manufacture,
diversion, distribution, shipment, and trafficking
of such drugs and an assessment of the
effectiveness of the policies' implementation.
``(B) New psychoactive substances.--Information on,
to the extent practicable, any policies of responding to
new psychoactive substances, to include the following:
``(i) Which governments have articulated
policies on scheduling of such substances.
``(ii) <<NOTE: Data.>> Any data on impacts of
such policies and other responses to such
substances.
``(iii) <<NOTE: Assessment.>> An assessment
of any policies the United States could adopt to
improve its response to new psychoactive
substances.
``(C) Definitions.--In this paragraph, the terms
`covered synthetic drug' and `new psychoactive
substance' have the meaning given those terms in section
5558 of the FENTANYL Results Act.''.
(b) Definition of Major Illicit Drug Producing Country.--Section
481(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)) is
amended--
(1) in paragraph (2)--
(A) in subparagraph (C), by striking ``; or'' and
inserting a semicolon;
(B) in subparagraph (D), by striking the semicolon
at the end and inserting ``; or''; and
(C) by adding at the end the following:
``(E) that is a significant direct source of covered
synthetic drugs or psychotropic drugs or other
controlled substances, including precursor chemicals
when those chemicals are used in the production of such
drugs and substances, significantly affecting the United
States;'';
(2) by amending paragraph (5) to read as follows:
``(5) the term `major drug-transit country' means a country
through which are transported covered synthetic drugs or
psychotropic drugs or other controlled substances significantly
affecting the United States;'';
(3) in paragraph (7), by striking ``; and'' and inserting a
semicolon;
(4) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(5) by adding at the end the following:
``(9) the term `covered synthetic drug' has the meaning
given that term in section 5558 of the FENTANYL Results Act.''.
SEC. 5556. SENSE OF CONGRESS.
It is the sense of Congress that--
[[Page 136 STAT. 3344]]
(1) the President should direct the United States
Representative to the United Nations to use the voice, vote, and
influence of the United States at the United Nations to advocate
for more transparent assessments of countries by the
International Narcotics Control Board; and
(2) bilateral, plurilateral, and multilateral international
cooperation is essential to combating the trafficking of covered
synthetic drugs.
SEC. 5557. <<NOTE: 22 USC 2291l note.>> RULE OF CONSTRUCTION.
Nothing in this subtitle or the amendments made by this subtitle
shall be construed to affect the prioritization of extradition requests.
SEC. <<NOTE: 22 USC 2291l note.>> 5558. DEFINITIONS.
In this subtitle:
(1) Controlled substance; controlled substance analogue.--
The terms ``controlled substance'' and ``controlled substance
analogue'' have the meanings given those terms in section 102 of
the Controlled Substances Act (21 U.S.C. 802).
(2) Covered synthetic drug.--The term ``covered synthetic
drug'' means--
(A) a synthetic controlled substance or synthetic
controlled substance analogue, including fentanyl or a
fentanyl analogue; or
(B) a new psychoactive substance.
(3) New psychoactive substance.--The term ``new psychoactive
substance'' means a substance of abuse, or any preparation
thereof, that--
(A) is not--
(i) included in any schedule as a controlled
substance under the Controlled Substances Act (21
U.S.C. 801 et seq.); or
(ii) controlled by the Single Convention on
Narcotic Drugs, done at New York March 30, 1961,
or the Convention on Psychotropic Substances, done
at Vienna February 21, 1971;
(B) is new or has reemerged on the illicit market;
and
(C) poses a threat to the public health and safety.
Subtitle <<NOTE: Global Health Security and International Pandemic
Prevention, Preparedness and Response Act of 2022.>> D--International
Pandemic Preparedness
SEC. 5559. <<NOTE: 22 USC 2151b note.>> SHORT TITLE.
This subtitle may be cited as the ``Global Health Security and
International Pandemic Prevention, Preparedness and Response Act of
2022''.
SEC. 5560. DEFINITIONS.
In this subtitle:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Appropriations of the Senate;
[[Page 136 STAT. 3345]]
(C) the Committee on Foreign Affairs of the House of
Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(2) The terms ``Global Health Security Agenda'' and ``GHSA''
mean the multi-sectoral initiative launched in 2014, and renewed
in 2018, that brings together countries, regions, international
organizations, nongovernmental organizations, and the private
sector--
(A) to elevate global health security as a national-
level priority;
(B) to share best practices; and
(C) to facilitate national capacity to comply with
and adhere to--
(i) the International Health Regulations
(2005);
(ii) the international standards and
guidelines established by the World Organisation
for Animal Health;
(iii) United Nations Security Council
Resolution 1540 (2004);
(iv) the Convention on the Prohibition of the
Development, Production and Stockpiling of
Bacteriological and Toxin Weapons and on their
Destruction, done at Washington, London, and
Moscow, April 10, 1972 (commonly referred to as
the ``Biological Weapons Convention'');
(v) the Global Health Security Agenda 2024
Framework; and
(vi) other relevant frameworks that contribute
to global health security.
(3) The term ``Global Health Security Index'' means the
comprehensive assessment and benchmarking of health security and
related capabilities across the countries that make up the
States Parties to the International Health Regulations (2005).
(4) The term ``Global Health Security Initiative'' means the
informal network of countries and organizations that came
together in 2001, to undertake concerted global action to
strengthen public health preparedness and response to chemical,
biological, radiological, and nuclear threats, including
pandemic influenza.
(5) The term ``IHR (2005) Monitoring and Evaluation
Framework'' means the framework through which the World Health
Organization and the State Parties to the International Health
Regulations, as amended in 2005, review, measure, and assess
core country public health capacities and ensure mutual
accountability for global health security under the
International Health Regulations (2005), including through the
Joint External Evaluations, simulation exercises, and after-
action reviews.
(6) The term ``Joint External Evaluation'' means the
voluntary, collaborative, multi-sectoral process facilitated by
the World Health Organization--
(A) to assess country capacity to prevent, detect,
and rapidly respond to public health risks occurring
naturally or due to deliberate or accidental events;
[[Page 136 STAT. 3346]]
(B) to assess progress in achieving the targets
under the International Health Regulations (2005); and
(C) to recommend priority actions.
(7) The term ``key stakeholders'' means actors engaged in
efforts to advance global health security programs and
objectives, including--
(A) national and local governments in partner
countries;
(B) other bilateral donors;
(C) international, regional, and local
organizations, including private, voluntary,
nongovernmental, and civil society organizations,
including faith-based and indigenous organizations;
(D) international, regional, and local financial
institutions;
(E) representatives of historically marginalized
groups, including women, youth, and indigenous peoples;
(F) the private sector, including medical device,
technology, pharmaceutical, manufacturing, logistics,
and other relevant companies; and
(G) public and private research and academic
institutions.
(8) The term ``One Health approach'' means the
collaborative, multi-sectoral, and transdisciplinary approach
toward achieving optimal health outcomes in a manner that
recognizes the interconnection between people, animals, plants,
and their shared environment.
(9) The term ``pandemic preparedness'' refers to the actions
taken to establish and sustain the capacity and capabilities
necessary to rapidly identify, prevent, protect against, and
respond to the emergence, reemergence, and spread of pathogens
of pandemic potential.
(10) The term ``partner country'' means a foreign country in
which the relevant Federal departments and agencies are
implementing United States foreign assistance for global health
security and pandemic prevention, preparedness, and response
under this subtitle.
(11) The term ``relevant Federal departments and agencies''
means any Federal department or agency implementing United
States policies and programs relevant to the advancement of
United States global health security and diplomacy overseas,
which may include--
(A) the Department of State;
(B) the United States Agency for International
Development;
(C) the Department of Health and Human Services;
(D) the Department of Defense;
(E) the Defense Threat Reduction Agency;
(F) the Millennium Challenge Corporation;
(G) the Development Finance Corporation;
(H) the Peace Corps; and
(I) any other department or agency that the
President determines to be relevant for these purposes.
(12) The term ``resilience'' means the ability of people,
households, communities, systems, institutions, countries, and
regions to reduce, mitigate, withstand, adapt to, and quickly
recover from shocks and stresses in a manner that reduces
[[Page 136 STAT. 3347]]
chronic vulnerability to the emergence, reemergence, and spread
of pathogens of pandemic potential and facilitates inclusive
growth.
(13) The terms ``respond'' and ``response'' mean the actions
taken to counter an infectious disease.
(14) The term ``USAID'' means the United States Agency for
International Development.
SEC. 5561. ENHANCING THE UNITED STATES' INTERNATIONAL RESPONSE TO
PANDEMICS.
(a) Leveraging United States Bilateral Global Health Programs for
International Pandemic Response.--Subject to the notification
requirements under section 634A of the Foreign Assistance Act of 1961
(22 U.S.C. 2394-1), amounts authorized to be appropriated or otherwise
made available to carry out section 104 of the Foreign Assistance Act
(22 U.S.C. 2151b) may be used in countries receiving such United States
foreign assistance for the purpose of--
(1) strengthening vaccine readiness;
(2) reducing vaccine hesitancy;
(3) delivering and administering vaccines;
(4) strengthening health systems and global supply chains as
necessary for global health security and pandemic preparedness,
prevention, and response;
(5) supporting global health workforce planning, training,
and management for pandemic preparedness, prevention, and
response;
(6) enhancing transparency, quality, and reliability of
public health data;
(7) increasing bidirectional testing, including screening
for symptomatic and asymptomatic cases; and
(8) building laboratory capacity.
(b) <<NOTE: President.>> Roles of the Department of State, USAID,
and the Department of Health and Human Services in International
Pandemic Response.--
(1) Finding.--Congress finds that different outbreaks of
infectious disease threats may require flexibility and changes
to the designated roles and responsibilities of relevant Federal
departments and agencies.
(2) Lead agencies for coordination of the united states'
international response to infectious disease outbreaks with
severe or pandemic potential.--The President shall identify the
relevant Federal departments and agencies, including the
Department of State, USAID, and the Department of Health and
Human Services (including the Centers for Disease Control and
Prevention), leading specific aspects of the United States
international operational response to outbreaks of emerging
high-consequence infectious disease threats in accordance with
federal law.
(3) <<NOTE: Deadline.>> Notification.--Not later than 120
days after the date of the enactment of this Act, and regularly
thereafter as appropriate, the President shall notify the
appropriate congressional committees, the Committee on Health,
Education, Labor, and Pensions of the Senate, and the Committee
on Energy and Commerce of the House of Representatives of the
roles and responsibilities of each relevant Federal department
and agency with respect to the international operational
response to the
[[Page 136 STAT. 3348]]
outbreak of an emerging high-consequence infectious disease
threat.
(c) USAID Disaster Surge Capacity.--
(1) Disaster surge capacity.--The Administrator of the USAID
is authorized to expend funds made available to carry out part I
and chapter 4 of part II of the Foreign Assistance Act of 1961
(22 U.S.C. 2151 and 2346), including funds made available for
``Assistance for Europe, Eurasia and Central Asia'', in addition
to amounts otherwise made available for such purposes, for the
cost (including support costs) of individuals detailed to or
employed by USAID whose primary responsibility is to carry out
programs to address global health emergencies and natural or
manmade disasters.
(2) <<NOTE: Deadline.>> Notification.--Not later than 15
days before making funds available to address manmade disasters
pursuant to paragraph (1), the Secretary of State or the
Administrator of the USAID shall notify the appropriate
congressional committees of such intended action.
SEC. 5562. <<NOTE: President.>> INTERNATIONAL PANDEMIC PREVENTION
AND PREPAREDNESS.
(a) United States International Activities To Advance Global Health
Security and Diplomacy Strategy and Report.--
(1) <<NOTE: Update.>> In general.--The President shall
develop, update, maintain, and advance a comprehensive strategy
for improving United States global health security and diplomacy
for pandemic prevention, preparedness, and response which,
consistent with the purposes of this subtitle, shall--
(A) clearly articulate United States policy goals
related to pandemic prevention, preparedness, and
response, including through actions to strengthen
diplomatic leadership and the effectiveness of United
States foreign policy and international preparedness
assistance for global health security through
advancement of a One Health approach, the Global Health
Security Agenda, the International Health Regulations
(2005), and other relevant frameworks that contribute to
pandemic prevention and preparedness;
(B) establish specific and measurable goals,
benchmarks, timetables, performance metrics, and
monitoring and evaluation plans for United States
foreign policy and assistance for global health security
that promote learning and adaptation and reflect
international best practices relating to global health
security, transparency, and accountability;
(C) establish transparent mechanisms to improve
coordination and avoid duplication of effort between and
among the relevant Federal departments and agencies,
partner countries, donor countries, the private sector,
multilateral organizations, and other key stakeholders;
(D) prioritize working with partner countries with--
(i) demonstrated need, as identified through
the Joint External Evaluation process, the Global
Health Security Index classification of health
systems, national action plans for health
security, Global Health Security Agenda, other
risk-based assessments, and
[[Page 136 STAT. 3349]]
complementary or successor indicators of global
health security and pandemic preparedness; and
(ii) demonstrated commitment to transparency,
including budget and global health data
transparency, complying with the International
Health Regulations (2005), investing in domestic
health systems, and achieving measurable results;
(E) reduce long-term reliance upon United States
foreign assistance for global health security by--
(i) ensuring that United States global health
assistance authorized under this subtitle is
strategically planned and coordinated in a manner
that delivers immediate impact and contributes to
enduring results, including through efforts to
enhance community capacity and resilience to
infectious disease threats and emergencies; and
(ii) ensuring partner country ownership of
global health security strategies, data, programs,
and outcomes and improved domestic resource
mobilization, co-financing, and appropriate
national budget allocations for global health
security and pandemic prevention, preparedness,
and response;
(F) assist partner countries in building the
technical capacity of relevant ministries, systems, and
networks to prepare, execute, monitor, and evaluate
national action plans for global health security and
pandemic prevention, preparedness, and response that are
developed with input from key stakeholders, including
mechanism to enhance budget and global health data
transparency, as necessary and appropriate;
(G) support and align United States foreign
assistance authorized under this subtitle with such
national action plans for health security and pandemic
prevention, preparedness, and response, as appropriate;
(H) facilitate communication and collaboration, as
appropriate, among local stakeholders in support of
country-led strategies and initiatives to better
identify and prevent health impacts related to the
emergence, reemergence, and spread of zoonoses;
(I) support the long-term success of programs by
building the pandemic preparedness capacity of local
organizations and institutions in target countries and
communities;
(J) develop community resilience to infectious
disease threats and emergencies;
(K) support global health budget and workforce
planning in partner countries, consistent with the
purposes of this subtitle, including training in
financial management and budget and global health data
transparency;
(L) strengthen linkages between complementary
bilateral and multilateral foreign assistance programs,
including efforts of the World Bank, the World Health
Organization, the Global Fund to Fight AIDS,
Tuberculosis, and Malaria, and Gavi, the Vaccine
Alliance, that contribute to the development of more
resilient health systems and global supply chains for
global health security and pandemic prevention,
preparedness, and response in
[[Page 136 STAT. 3350]]
partner countries with the capacity, resources, and
personnel required to prevent, detect, and respond to
infectious disease threats; and
(M) support innovation and partnerships with the
private sector, health organizations, civil society,
nongovernmental, faith-based and indigenous
organizations, and health research and academic
institutions to improve pandemic prevention,
preparedness, and response, including for the
development and deployment of effective and accessible
infectious disease tracking tools, diagnostics,
therapeutics, and vaccines.
(2) Submission of strategy.--
(A) <<NOTE: Deadline.>> In general.--Not later than
180 days after the date of the enactment of this Act,
the President, in consultation with the heads of the
relevant Federal departments and agencies, shall submit
the strategy required under paragraph (1) to--
(i) the appropriate congressional committees;
(ii) the Committee on Health, Education,
Labor, and Pensions of the Senate; and
(iii) the Committee on Energy and Commerce of
the House of Representatives.
(B) Agency-specific plans.--The strategy required
under paragraph (1) shall include specific
implementation plans from each relevant Federal
department and agency that describe--
(i) the anticipated contributions of the
Federal department or agency, including technical,
financial, and in-kind contributions, to implement
the strategy; and
(ii) the efforts of the Federal department or
agency to ensure that the activities and programs
carried out pursuant to the strategy are designed
to achieve maximum impact and long-term
sustainability.
(3) Annual report.--
(A) In general.--Not later than 1 year after the
submission of the strategy pursuant to paragraph (2)(A),
and not later than October 1 of each year thereafter,
the President shall submit to the committees listed in
such paragraph a report that describes the status of the
implementation of such strategy.
(B) Contents.--Each report submitted pursuant to
subparagraph (A) shall--
(i) identify any substantial changes made to
the strategy during the preceding calendar year;
(ii) describe the progress made in
implementing the strategy, including specific
information related to the progress toward
improving countries' ability to detect, prevent,
and respond to infectious disease threats;
(iii) identify--
(I) the indicators used to establish
benchmarks and measure results over
time; and
(II) the mechanisms for reporting
such results in an open and transparent
manner;
[[Page 136 STAT. 3351]]
(iv) contain a transparent, open, and detailed
accounting of obligations by relevant Federal
departments and agencies to implement the
strategy, including, to the extent practicable,
for each such Federal department and agency, the
statutory source of obligated funds, the amounts
obligated, implementing partners and sub-partners,
targeted beneficiaries, and activities supported;
(v) the efforts of the relevant Federal
department or agency to ensure that the activities
and programs carried out pursuant to the strategy
are designed to achieve maximum impact and
enduring results, including through specific
activities to strengthen health systems for global
health security and pandemic prevention,
preparedness, and response, as appropriate;
(vi) <<NOTE: Assessment.>> assess efforts to
coordinate United States global health security
programs, activities, and initiatives with key
stakeholders;
(vii) <<NOTE: Plan. Review. Update.>>
incorporate a plan for regularly reviewing and
updating strategies, partnerships, and programs
and sharing lessons learned with a wide range of
stakeholders in an open, transparent manner; and
(viii) describe the progress achieved and
challenges concerning the United States
Government's ability to advance the Global Health
Security Agenda and pandemic preparedness,
including data disaggregated by priority country
using indicators that are consistent on a year-to-
year basis and recommendations to resolve,
mitigate, or otherwise address the challenges
identified through such indicators.
(C) Form.--The strategy and reports required under
this subsection shall be submitted in unclassified form,
but may contain a classified annex.
(b) United States Coordinator for Global Health Security.--
<<NOTE: Designation.>> The President shall designate an appropriate
senior official to be the United States Coordinator for Global Health
Security, who shall be responsible for the coordination of the Global
Health Security Agenda Interagency Review Council and who should--
(1) have significant background and expertise in public
health, health security, and emergency response management;
(2) coordinate, through a whole-of-government approach, the
efforts of relevant Federal departments and agencies to
implement the strategy under subsection (a); and
(3) seek to fully use the unique capabilities of each
relevant Federal department and agency and ensure effective and
appropriate United States representation at relevant
international forums, while collaborating with and leveraging
the contributions of other key stakeholders.
(c) Ambassador-At-Large for Global Health Security and Diplomacy.--
(1) Establishment.--There is established, within the
Department of State, the position of Ambassador-At-Large for
Global Health Security and Diplomacy (referred to in this
section as the ``Ambassador-At-Large'').
(2) Appointment; qualifications.--The Ambassador-At-Large--
[[Page 136 STAT. 3352]]
(A) <<NOTE: Appointment.>> shall be appointed by
the President, by and with the advice and consent of the
Senate;
(B) <<NOTE: Reports.>> shall report to the
Secretary of State; and
(C) shall have--
(i) demonstrated knowledge and experience in
the field of health security, development, public
health, epidemiology, or medicine; and
(ii) relevant diplomatic, policy, and
political expertise.
(3) Authorities.--The Ambassador-At-Large may--
(A) operate internationally to carry out the
purposes of this section;
(B) ensure effective coordination, management, and
oversight of United States foreign policy, diplomatic
efforts, and foreign assistance funded with amounts
authorized to be appropriated pursuant to section
5564(a) that are used by the Department of State to
advance the relevant elements of the United States
global health security and diplomacy strategy developed
pursuant to subsection (a) by--
(i) developing and updating, as appropriate,
in collaboration with the Administrator of the
USAID and the Secretary of Health and Human
Services, related policy guidance and unified
auditing, monitoring, and evaluation plans;
(ii) avoiding duplication of effort and
collaborating with other relevant Federal
departments and agencies;
(iii) leading, in collaboration with the
Secretary of Health and Human Services, the
Administrator of the USAID, and other relevant
Federal departments and agencies, diplomatic
efforts to identify and address current and
emerging threats to global health security;
(iv) working to enhance coordination with, and
transparency among, the governments of partner
countries and key stakeholders, including the
private sector;
(v) promoting greater donor and national
investment in partner countries to build health
systems and supply chains for global health
security and pandemic prevention and preparedness;
(vi) securing bilateral and multilateral
financing commitments to advance the Global Health
Security Agenda, in coordination with relevant
Federal departments and agencies, including
through funding for the Financial Intermediary
Fund for Pandemic Prevention, Preparedness, and
Response; and
(vii) providing regular updates to the
appropriate congressional committees, the
Committee on Health, Education, Labor, and
Pensions of the Senate, and the Committee on
Energy and Commerce of the House of
Representatives regarding the fulfillment of the
activities described in this paragraph;
(C) ensure, in collaboration with the Secretary of
the Treasury, the Secretary of Health and Human
Services, and the Administrator of the USAID, effective
representation of the United States in the Financial
Intermediary Fund for Pandemic Prevention, Preparedness,
and Response;
[[Page 136 STAT. 3353]]
(D) use detailees, on a reimbursable or
nonreimbursable basis, from relevant Federal departments
and agencies and hire personal service contractors, who
may operate domestically and internationally, to ensure
that the Ambassador-At-Large has access to the highest
quality experts available to the United States
Government to carry out the functions under this
subtitle; and
(E) perform such other functions as the Secretary of
State may assign.
(d) Strengthening Health Systems for Global Health Security and
Pandemic Prevention and Preparedness.--
(1) Statement of policy.--It is the policy of the United
States to ensure that bilateral global health assistance
programs are effectively managed and coordinated, as necessary
and appropriate to achieve the purposes of this subtitle, to
contribute to the strengthening of health systems for global
health security and pandemic prevention, preparedness, and
response in each country in which such programs are carried out.
(2) Coordination.--The Administrator of the USAID shall work
with the Global Malaria Coordinator, the Coordinator of United
States Government Activities to Combat HIV/AIDS Globally, the
Ambassador-at-Large for Global Health Security and Diplomacy at
the Department of State, and the Secretary of Health and Human
Services, to identify areas of collaboration and coordination in
countries with global health programs and activities undertaken
by the USAID pursuant to the United States Leadership Against
HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108-
25) and other relevant provisions of law, to ensure that such
activities contribute to the strengthening of health systems for
global health security and pandemic prevention and preparedness.
(e) Coordination for International Pandemic Early Warning Network.--
(1) Sense of congress.--It is the sense of Congress that the
Secretary of Health and Human Services, in coordination with the
Secretary of State, the USAID Administrator, the Director of the
Centers for Disease Control and Prevention, and the heads of the
other relevant Federal departments and agencies, should work
with the World Health Organization and other key stakeholders to
establish or strengthen effective early warning systems, at the
partner country, regional, and international levels, that
utilize innovative information and analytical tools and robust
review processes to track, document, analyze, and forecast
infectious disease threats with epidemic and pandemic potential.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter for the following
4 years, the Secretary of Health and Human Services, in
coordination with the Secretary of State and the heads of the
other relevant Federal departments and agencies, shall submit a
report to the appropriate congressional committees, the
Committee on Health, Education, Labor, and Pensions of the
Senate, and the Committee on Energy and Commerce of the House of
Representatives that describes United States Government efforts
and opportunities to establish or strengthen
[[Page 136 STAT. 3354]]
effective early warning systems to detect infectious disease
threats internationally.
(f) International Emergency Operations.--
(1) Sense of congress.--It is the sense of Congress that it
is essential to enhance the capacity of key stakeholders to
effectively operationalize early warning and execute multi-
sectoral emergency operations during an infectious disease
outbreak, particularly in countries and areas that deliberately
withhold critical global health data and delay access during an
infectious disease outbreak, in advance of the next infectious
disease outbreak with pandemic potential.
(2) Public health emergencies of international concern.--The
Secretary of Health and Human Services, in coordination with the
Secretary of State, should work with the World Health
Organization and like-minded member states to adopt an approach
toward assessing infectious disease threats under the
International Health Regulations (2005) for the World Health
Organization to identify and transparently communicate, on an
ongoing basis, varying levels of risk leading up to a
declaration by the Director General of the World Health
Organization of a Public Health Emergency of International
Concern for the duration and in the aftermath of such
declaration.
(3) Emergency operations.--The Secretary of Health and Human
Services, in coordination with the Secretary of State, the
Administrator of the USAID, the Director of the Centers for
Disease Control and Prevention, and the heads of other relevant
Federal departments and agencies and consistent with the
requirements under the International Health Regulations (2005)
and the objectives of the World Health Organization's Health
Emergencies Programme, the Global Health Security Agenda, and
national actions plans for health security, should work, in
cooperation with the World Health Organization, with partner
countries, and other key stakeholders, to support the
establishment, strengthening, and rapid response capacity of
global health emergency operations centers, at the partner
country and international levels, including efforts--
(A) to collect and share de-identified public health
data, assess risk, and operationalize early warning;
(B) to secure, including through utilization of
stand-by arrangements and emergency funding mechanisms,
the staff, systems, and resources necessary to execute
cross-sectoral emergency operations during the 48-hour
period immediately following an infectious disease
outbreak with pandemic potential; and
(C) to organize and conduct emergency simulations.
SEC. 5563. FINANCIAL INTERMEDIARY FUND FOR PANDEMIC PREVENTION,
PREPAREDNESS, AND RESPONSE.
(a) In General.--
(1) Finding.--Congress finds that the Financial Intermediary
Fund for Pandemic Prevention, Preparedness, and Response
(referred to in this section as the ``Fund'') was established in
September 2022 by donor countries, relevant United Nations
agencies, including the World Health Organization,
[[Page 136 STAT. 3355]]
and other key multilateral stakeholders as a multilateral,
catalytic financing mechanism for pandemic prevention and
preparedness.
(2) Objectives.--The objectives of the Fund are--
(A) closing critical gaps in pandemic prevention and
preparedness; and
(B) working with, and building the capacity of,
eligible partner countries in the areas of global health
security, infectious disease control, and pandemic
prevention and preparedness in order to--
(i) prioritize capacity building and financing
availability in eligible partner countries;
(ii) incentivize countries to prioritize the
use of domestic resources for global health
security and pandemic prevention and preparedness;
(iii) leverage governmental, nongovernmental,
and private sector investments;
(iv) regularly respond to and evaluate
progress based on clear metrics and benchmarks,
such as those developed through the IHR (2005)
Monitoring and Evaluation Framework and the Global
Health Security Index;
(v) align with and complement ongoing
bilateral and multilateral efforts and financing,
including through the World Bank, the World Health
Organization, the Global Fund to Fight AIDS,
Tuberculosis, and Malaria, the Coalition for
Epidemic Preparedness and Innovation, and Gavi,
the Vaccine Alliance; and
(vi) help countries accelerate and achieve
compliance with the International Health
Regulations (2005) and fulfill the Global Health
Security Agenda 2024 Framework not later than 8
years after the date on which the Fund is
established, in coordination with the ongoing
Joint External Evaluation national action planning
process.
(3) Governing board.--
(A) In general.--The Fund should be governed by a
transparent, representative, and accountable body
(referred to in this section as the ``Governing
Board''), which should--
(i) function as a partnership with, and
through full engagement by, donor governments,
eligible partner countries, and independent civil
society; and
(ii) be composed of not more than 25
representatives of governments, foundations,
academic institutions, independent civil society,
indigenous people, vulnerable communities,
frontline health workers, and the private sector
with demonstrated commitment to carrying out the
purposes of the Fund and upholding transparency
and accountability requirements.
(B) Duties.--The Governing Board should--
(i) be charged with approving strategies,
operations, and grant making authorities such that
it is able to conduct effective fiduciary,
monitoring, and evaluation efforts, and other
oversight functions;
(ii) determine operational procedures to
enable the Fund to effectively fulfill its
mission;
[[Page 136 STAT. 3356]]
(iii) provide oversight and accountability for
the Fund in collaboration with a qualified and
independent Inspector General;
(iv) develop and utilize a mechanism to obtain
formal input from eligible partner countries,
independent civil society, and implementing
entities relative to program design, review, and
implementation and associated lessons learned; and
(v) coordinate and align with other
multilateral financing and technical assistance
activities, and with the activities of the United
States and other nations leading pandemic
prevention, preparedness, and response activities
in partner countries, as appropriate.
(C) Composition.--The Governing Board should
include--
(i) representatives of the governments of
founding member countries who, in addition to
meeting the requirements under subparagraph (A),
qualify based upon--
(I) meeting an established initial
contribution threshold, which should be
not less than 10 percent of the
country's total initial contributions;
and
(II) demonstrating a commitment to
supporting the International Health
Regulations (2005);
(ii) a geographically diverse group of members
from donor countries, academic institutions,
independent civil society, including faith-based
and indigenous organizations, and the private
sector who are selected on the basis of their
experience and commitment to innovation, best
practices, and the advancement of global health
security objectives; and
(iii) representatives of the World Health
Organization, to serve in an observer status.
(D) Contributions.--Each government or private
sector foundation or for-profit entity represented on
the Governing Board should agree to make annual
contributions to the Fund in an amount that is not less
than the minimum amount determined by the Governing
Board.
(E) Qualifications.--Individuals appointed to the
Governing Board should have demonstrated knowledge and
experience across a variety of sectors, including human
and animal health, agriculture, development, defense,
finance, research, and academia.
(F) Conflicts of interest.--All Governing Board
members should be required to recuse themselves from
matters presenting conflicts of interest, including
financing decisions relating to such countries, bodies,
and institutions.
(G) Removal procedures.--The Fund should establish
procedures for the removal of members of the Governing
Board who--
(i) engage in a consistent pattern of human
rights abuses;
(ii) fail to uphold global health data
transparency requirements; or
[[Page 136 STAT. 3357]]
(iii) otherwise violate the established
standards of the Fund, including in relation to
corruption.
(b) Authority for United States Participation.--
(1) <<NOTE: Appointment. President.>> Founding member.--The
United States is authorized to participate in the Fund and shall
be represented on the Governing Board by an officer or employee
of the United States Government who has been appointed by the
President (referred in this section as the ``FIF
Representative'').
(2) Effective date; termination date.--
(A) <<NOTE: Certification. Records.>> Effective
date.--This subsection shall take effect on the date on
which the Secretary of State submits to Congress a
certified copy of the agreement establishing the Fund.
(B) Termination date.--The membership authorized
under paragraph (1) shall terminate on the date on which
the Fund is terminated.
(3) Enforceability.--Any agreement concluded under the
authorities provided under this subsection shall be legally
effective and binding upon the United States, in accordance with
the terms of the agreement--
(A) upon the enactment of appropriate implementing
legislation that provides for the approval of the
specific agreement or agreements, including attachments,
annexes, and supporting documentation, as appropriate;
or
(B) if concluded and submitted as a treaty, upon the
approval by the Senate of the resolution of ratification
of such treaty.
(c) Implementation of Program Objectives.--In carrying out the
objectives described in subsection (a)(2), the Fund should work to
eliminate duplication and waste by upholding strict transparency and
accountability standards and coordinating its programs and activities
with key partners working to advance pandemic prevention and
preparedness.
(d) Priority Countries.--In providing assistance under this section,
the Fund should give priority to low- and lower middle-income countries
with--
(1) low scores on the Global Health Security Index
classification of health systems;
(2) measurable gaps in global health security and pandemic
prevention and preparedness identified under the IHR (2005)
Monitoring and Evaluation Framework and national action plans
for health security;
(3) demonstrated political and financial commitment to
pandemic prevention and preparedness; and
(4) demonstrated commitment to--
(A) upholding global health budget and data
transparency and accountability standards;
(B) complying with the International Health
Regulations (2005);
(C) investing in domestic health systems; and
(D) achieving measurable results.
(e) Accountability; Conflicts of Interest; Criteria for Programs.--
The FIF Representative shall--
(1) take such actions as may be necessary to ensure that the
Fund will have in effect adequate procedures and standards to
account for and monitor the use of funds contributed to the
Fund, including the cost of administering the Fund, by--
[[Page 136 STAT. 3358]]
(A) engaging Fund stakeholders; and
(B) actively promoting transparency and
accountability of Fund governance and operations;
(2) seek to ensure there is agreement to put in place a
conflict of interest policy to ensure fairness and a high
standard of ethical conduct in the Fund's decision-making
processes, including proactive procedures to screen staff for
conflicts of interest and measures to address any conflicts,
such as--
(A) potential divestments of interests;
(B) prohibition from engaging in certain activities;
(C) recusal from certain decision-making and
administrative processes; and
(D) representation by an alternate board member; and
(3) seek agreement on the criteria that should be used to
determine the programs and activities that should be assisted by
the Fund.
(f) Selection of Partner Countries, Projects, and Recipients.--The
Governing Board should establish--
(1) eligible partner country selection criteria, including
transparent metrics to measure and assess global health security
and pandemic prevention and preparedness strengths and
vulnerabilities in countries seeking assistance;
(2) minimum standards for ensuring eligible partner country
ownership and commitment to long-term results, including
requirements for domestic budgeting, resource mobilization, and
co-investment;
(3) criteria for the selection of projects to receive
support from the Fund;
(4) standards and criteria regarding qualifications of
recipients of such support; and
(5) such rules and procedures as may be necessary--
(A) for cost-effective management of the Fund; and
(B) to ensure transparency and accountability in the
grant-making process.
(g) Additional Transparency and Accountability Requirements.--
(1) Inspector general.--The FIF Representative shall seek to
ensure that the Fund maintains an independent Office of the
Inspector General that--
(A) is fully enabled to operate independently and
transparently;
(B) is supported by and with the requisite resources
and capacity to regularly conduct and publish, on a
publicly accessible website, rigorous financial,
programmatic, and reporting audits and investigations of
the Fund and its grantees, including subgrantees; and
(C) <<NOTE: Establishment.>> establishes an
investigative unit that--
(i) develops an oversight mechanism to ensure
that grant funds are not diverted to illicit or
corrupt purposes or activities; and
(ii) <<NOTE: Reports.>> submits an annual
report to the Governing Board describing its
activities, investigations, and results.
(2) Sense of congress on corruption.--It is the sense of
Congress that--
[[Page 136 STAT. 3359]]
(A) corruption within global health programs
contribute directly to the loss of human life and cannot
be tolerated; and
(B) in making financial recoveries relating to a
corrupt act or criminal conduct committed by a grant
recipient, as determined by the Inspector General
described in paragraph (1), the responsible grant
recipient should be assessed at a recovery rate of up to
150 percent of such loss.
(3) Administrative expenses; financial tracking systems.--
The <<NOTE: Public information.>> FIF Representative shall seek
to ensure that the Fund establishes, maintains, and makes
publicly available a system to track--
(A) <<NOTE: Time period.>> the administrative and
management costs of the Fund on a quarterly basis; and
(B) the amount of funds disbursed to each grant
recipient and subrecipient during each grant's fiscal
cycle.
(4) Exemption from duties and taxes.--The FIF Representative
should seek to ensure that the Fund adopts rules that condition
grants upon agreement by the relevant national authorities in an
eligible partner country to exempt from duties and taxes all
products financed by such grants, including procurements by any
principal or subrecipient for the purpose of carrying out such
grants.
(h) Reports to Congress.--
(1) Annual report.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, and annually
thereafter for the duration of the Fund, the Secretary
of State, in collaboration with the Administrator of the
USAID and the heads of other relevant Federal
departments and agencies, shall submit a report on the
activities of the Fund to the appropriate congressional
committees.
(B) Report elements.--Each report required under
subparagraph (A) shall describe--
(i) the goals of the Fund;
(ii) the programs, projects, and activities
supported by the Fund;
(iii) private and governmental contributions
to the Fund; and
(iv) the criteria utilized to determine the
programs and activities that should be assisted by
the Fund, including baselines, targets, desired
outcomes, measurable goals, and extent to which
those goals are being achieved.
(2) GAO report on effectiveness.--Not later than 2 years
after the date on which the Fund is established, the Comptroller
General of the United States shall submit a report to the
appropriate congressional committees that evaluates the
effectiveness of the Fund, including--
(A) the effectiveness of the programs, projects, and
activities supported by the Fund; and
(B) <<NOTE: Assessment.>> an assessment of the
merits of continued United States participation in the
Fund.
(i) United States Contributions.--
(1) <<NOTE: President.>> In general.--Subject to paragraph
(4)(C), the President may provide contributions to the Fund.
[[Page 136 STAT. 3360]]
(2) <<NOTE: Deadline.>> Notification.--The Secretary of
State, the Administrator of the USAID, or the head of any other
relevant Federal department or agency shall submit a
notification to the appropriate congressional committees not
later than 15 days before making a contribution to the Fund that
identifies--
(A) the amount of the proposed contribution;
(B) the total of funds contributed by other donors;
and
(C) the national interests served by United States
participation in the Fund.
(3) <<NOTE: Time period.>> Limitation.--During the 5-year
period beginning on the date of the enactment of this Act, the
cumulative total of United States contributions to the Fund may
not exceed 33 percent of the total contributions to the Fund
from all sources.
(4) <<NOTE: Determinations.>> Withholdings.--
(A) Support for acts of international terrorism.--If
the Secretary of State determines that the Fund has
provided assistance to a country, the government of
which the Secretary of State has determined, for
purposes of section 620A of the Foreign Assistance Act
of 1961 (22 U.S.C. 2371) has repeatedly provided support
for acts of international terrorism, the United States
shall withhold from its contribution to the Fund for the
next fiscal year an amount equal to the amount expended
by the Fund to the government of such country.
(B) <<NOTE: Time period.>> Excessive salaries.--If
the Secretary of State determines that the salary during
any of the first 5 fiscal years beginning after the date
of the enactment of this Act of any individual employed
by the Fund exceeds the salary of the Vice President of
the United States for such fiscal year, the United
States should withhold from its contribution for the
following fiscal year an amount equal to the aggregate
difference between the 2 salaries.
(C) Accountability certification requirement.--The
Secretary of State may withhold not more than 20 percent
of planned United States contributions to the Fund until
the Secretary certifies to the appropriate congressional
committees that the Fund has established procedures to
provide access by the Office of Inspector General of the
Department of State, as cognizant Inspector General, the
Inspector General of the Department of Health and Human
Services, the USAID Inspector General, and the
Comptroller General of the United States to the Fund's
financial data and other information relevant to United
States contributions to the Fund (as determined by the
Inspector General of the Department of State, in
consultation with the Secretary of State).
SEC. 5564. GENERAL PROVISIONS.
(a) Authorization of Appropriations.--
(1) <<NOTE: Time period. Effective date.>> In general.--
There is authorized to be appropriated $5,000,000,000 for the 5-
year period beginning on October 1, 2022 to carry out the
purposes of sections 5562 and 5563, which may be in addition to
amounts otherwise made available
[[Page 136 STAT. 3361]]
for such purposes, in consultation with the appropriate
congressional committees and subject to the requirements under
chapters 1 and 10 of part I and section 634A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.).
(2) Exception.--Section 110 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7107) shall not apply with
respect to assistance made available under this subtitle.
(b) Compliance With the Foreign Aid Transparency and Accountability
Act of 2016.--Section 2(3) of the Foreign Aid Transparency and
Accountability Act of 2016 (Public Law 114-191; 22 U.S.C. 2394c note) is
amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(F) the Global Health Security and International
Pandemic Prevention, Preparedness and Response Act of
2022.''.
SEC. 5565. SUNSET.
This subtitle shall cease to be effective on September 30, 2027.
SEC. 5566. RULE OF CONSTRUCTION.
Nothing in this subtitle may be construed to impair or otherwise
affect the authorities granted to the Administrator of the USAID, the
Secretary of Health and Human Services, or the head of any other Federal
department or agency under any applicable law.
Subtitle E <<NOTE: Burma Unified through Rigorous Military
Accountability Act of 2022.>> --Burma Act of 2022
SEC. 5567. <<NOTE: 22 USC 10201 note.>> SHORT TITLE.
This subtitle may be cited as the ``Burma Unified through Rigorous
Military Accountability Act of 2022'' or the ``BURMA Act of 2022''.
SEC. 5568. <<NOTE: 22 USC 10201.>> DEFINITIONS.
In this subtitle:
(1) Burmese military.--The term ``Burmese military''--
(A) means the Armed Forces of Burma, including the
army, navy, and air force; and
(B) includes security services under the control of
the Armed Forces of Burma, such as the police and border
guards.
(2) Executive order 14014.--The term ``Executive Order
14014'' means Executive Order 14014 (86 Fed. Reg. 9429; relating
to blocking property with respect to the situation in Burma).
(3) Genocide.--The term ``genocide'' means any offense
described in section 1091(a) of title 18, United States Code.
(4) War crime.--The term ``war crime'' has the meaning given
the term in section 2441(c) of title 18, United States Code.
[[Page 136 STAT. 3362]]
PART 1--MATTERS RELATING TO THE CONFLICT IN BURMA
SEC. 5569. <<NOTE: 22 USC 10211.>> STATEMENT OF POLICY.
It is the policy of the United States to--
(1) continue to support the people of Burma in their
struggle for democracy, human rights, and justice;
(2) support the efforts of the National Unity Government
(NUG), the National Unity Consultative Council (NUCC), the
Committee Representing Pyidaungsu Hluttaw (CRPH), the Burmese
Civil Disobedience Movement, and other entities in Burma and in
other countries to oppose the Burmese military and bring about
an end to the military junta's rule;
(3) support a credible process for the restoration of
civilian government in Burma, with a reformed Burmese military
under civilian control and the enactment of constitutional,
political, and economic reform that protects the rights of
minority groups and furthers a federalist form of government;
(4) hold accountable perpetrators of human rights violations
committed against ethnic groups in Burma and the people of
Burma, including through the February 2022 coup d'etat;
(5) hold accountable the Russian Federation and the People's
Republic of China for their support of the Burmese military;
(6) continue to provide humanitarian assistance to
populations impacted by violence perpetrated by the Burmese
military wherever they may reside, and coordinate efforts among
like-minded governments and other international donors to
maximize the effectiveness of assistance and support for the
people of Burma;
(7) secure the unconditional release of all unlawfully
detained individuals in Burma, including those detained for the
exercise of their fundamental freedoms; and
(8) provide humanitarian assistance to the people of Burma
in Burma, Bangladesh, Thailand, and the surrounding region
without going through the Burmese military.
PART 2--SANCTIONS AND POLICY COORDINATION WITH RESPECT TO BURMA
SEC. 5570. <<NOTE: 22 USC 10221.>> DEFINITIONS.
In this part:
(1) Admitted; alien.--The terms ``admitted'' and ``alien''
have the meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the
Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Financial Services of the House of
Representatives.
(3) Correspondent account; payable-through account.--The
terms ``correspondent account'' and ``payable-
[[Page 136 STAT. 3363]]
through account'' have the meanings given those terms in section
5318A of title 31, United States Code.
(4) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning of that term as
determined by the Secretary of the Treasury by regulation.
(5) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(6) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(7) Person.--The term ``person'' means an individual or
entity.
(8) Support.--The term ``support'', with respect to the
Burmese military, means to knowingly have materially assisted,
sponsored, or provided financial, material, or technological
support for, or goods or services to or in support of the
Burmese military.
(9) United states person.--The term ``United States person''
means--
(A) a United States citizen or an alien lawfully
admitted to the United States for permanent residence;
(B) an entity organized under the laws of the United
States or any jurisdiction within the United States,
including a foreign branch of such an entity; or
(C) any person in the United States.
SEC. 5571. <<NOTE: President. 22 USC 10222.>> IMPOSITION OF
SANCTIONS WITH RESPECT TO HUMAN RIGHTS
ABUSES AND PERPETRATION OF A COUP IN
BURMA.
(a) <<NOTE: Deadline. Determination.>> Mandatory Sanctions.--Not
later than 180 days after the date of the enactment of this Act, the
President shall impose the sanctions described in subsection (d) with
respect to any foreign person that the President determines--
(1) is a senior official of--
(A) the Burmese military or security forces of
Burma;
(B) the State Administration Council, the military-
appointed cabinet at the level of Deputy Minister or
higher, or a military-appointed minister of a Burmese
state or region; or
(C) an entity that primarily operates in the defense
sector of the Burmese economy; or
(2) is a Burmese state-owned commercial enterprise (other
than an entity described in subsections (c)(1) and (c)(2))
that--
(A) is operating in the industrial or extractive
sectors; and
(B) significantly financially benefits the Burmese
military.
(b) <<NOTE: Determination.>> Additional Measure Relating to
Facilitation of Transactions.--The Secretary of the Treasury may, in
consultation with the Secretary of State, prohibit or impose strict
conditions on the opening or maintaining in the United States of a
correspondent account or payable-through account by a foreign financial
institution that the President determines has, on or after the date of
the enactment of this Act, knowingly conducted or facilitated a
significant transaction or transactions on behalf of a foreign person
subject
[[Page 136 STAT. 3364]]
to sanctions under this section imposed pursuant to subsection (a).
(c) Additional Sanctions.--The President may impose the sanctions
described in subsection (d) with respect to--
(1) the Myanma Oil and Gas Enterprise;
(2) any Burmese state-owned enterprise that--
(A) is not operating in the industrial or extractive
sectors; and
(B) significantly financially benefits the Burmese
military;
(3) a spouse or adult child of any person described in
subsection (a)(1);
(4) any foreign person that, leading up to, during, and
since the February 1, 2021, coup d'etat in Burma, is responsible
for or has directly and knowingly engaged in--
(A) actions or policies that significantly undermine
democratic processes or institutions in Burma;
(B) actions or policies that significantly threaten
the peace, security, or stability of Burma;
(C) actions or policies by a Burmese person that--
(i) significantly prohibit, limit, or penalize
the exercise of freedom of expression or assembly
by people in Burma; or
(ii) limit access to print, online, or
broadcast media in Burma; or
(D) the orchestration of arbitrary detention or
torture in Burma or other serious human rights abuses in
Burma; or
(5) any Burmese entity that provides materiel to the Burmese
military.
(d) Sanctions Described.--The sanctions described in this subsection
are the following:
(1) Property blocking.--The President may exercise all
powers granted to the President by the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent
necessary to block and prohibit all transactions in all property
and interests in property of the foreign person if such property
and interests in property are in the United States, come within
the United States, or are or come within the possession or
control of a United States person.
(2) Foreign exchange.--The President may, pursuant to such
regulations as the President may prescribe, prohibit any
transactions in foreign exchange that are subject to the
jurisdiction of the United States and in which the foreign
person has any interest.
(3) Visas, admission, or parole.--
(A) In general.--An alien who is described in
subsection (a) or (c) is--
(i) inadmissible to the United States;
(ii) ineligible for a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted or
paroled into the United States or to receive any
other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
[[Page 136 STAT. 3365]]
(i) In general.--The issuing consular officer,
the Secretary of State, or the Secretary of
Homeland Security (or a designee of one of such
Secretaries) shall, in accordance with section
221(i) of the Immigration and Nationality Act (8
U.S.C. 1201(i)), revoke any visa or other entry
documentation issued to an alien described in
subparagraph (A) regardless of when the visa or
other entry documentation is issued.
(ii) Effect of revocation.--A revocation under
clause (i)--
(I) shall take effect immediately;
and
(II) shall automatically cancel any
other valid visa or entry documentation
that is in the alien's possession.
(e) Assessment and Report on Sanctions With Respect to Burmese
State-owned Enterprise Operating in the Energy Sector.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President shall conduct an
assessment with respect to the Burmese state-owned enterprise
described in subsection (c)(1), including relevant factors
pertaining to the possible application of sanctions on such
enterprise.
(2) Report required.--Upon making the determination required
by paragraph (1), the President shall submit to the appropriate
congressional committees a report on the assessment.
(3) Form of report.--The report required by paragraph (2)
shall be submitted in unclassified form but may include a
classified annex.
(f) Exceptions.--
(1) Exception for intelligence, law enforcement, and
national security activities.--Sanctions under this section
shall not apply to any authorized intelligence, law enforcement,
or national security activities of the United States.
(2) Exception to comply with international obligations.--
Sanctions under subsection (d)(3) shall not apply with respect
to the admission of an alien if admitting or paroling the alien
into the United States is necessary to permit the United States
to comply with the Agreement regarding the Headquarters of the
United Nations, signed at Lake Success June 26, 1947, and
entered into force November 21, 1947, between the United Nations
and the United States, or other applicable international
obligations.
(3) Exception relating to the provision of humanitarian
assistance.--Sanctions under this section may not be imposed
with respect to transactions or the facilitation of transactions
for--
(A) the sale of agricultural commodities, food,
medicine, or medical devices to Burma;
(B) the provision of humanitarian assistance to the
people of Burma;
(C) financial transactions relating to humanitarian
assistance or for humanitarian purposes in Burma; or
(D) transporting goods or services that are
necessary to carry out operations relating to
humanitarian assistance or humanitarian purposes in
Burma.
[[Page 136 STAT. 3366]]
(4) Exception relating to wind-down of projects.--Sanctions
under this section shall not be imposed with respect to
transactions or the facilitation of transactions related to the
disposition of investments pursuant to--
(A) agreements entered into between United States
persons and the Government of Burma prior to May 21,
1997;
(B) the exercise of rights pursuant to such
agreements; or
(C) transactions related to the subsequent operation
of the assets encompassed by such disposed investments.
(g) <<NOTE: Certification.>> Waiver.--The President may, on a case-
by-case basis waive the application of sanctions or restrictions imposed
with respect to a foreign person under this section if the President
certifies to the appropriate congressional committees at the time such
waiver is to take effect that the waiver is in the national interest of
the United States.
(h) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided to the President under sections 203 and 205
of the International Emergency Economic Powers Act (50 U.S.C.
1702 and 1704) to carry out this section.
(2) <<NOTE: Applicability.>> Penalties.--The penalties
provided for in subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705)
shall apply to a person that violates, attempts to violate,
conspires to violate, or causes a violation of this section or
any regulations promulgated under this section to the same
extent that such penalties apply to a person that commits an
unlawful act described in section 206(a) of that Act.
(i) Report.--Not later than 90 days after the date of the enactment
of this Act and annually thereafter for 8 years, the Secretary of State,
in consultation with the Secretary of the Treasury, shall submit to the
appropriate congressional committees a classified report that--
(1) describes the primary sources of income to which the
Burmese military has access and that the United States has been
unable to reach using sanctions authorities; and
(2) <<NOTE: Assessment.>> assesses the impact of the
sanctions imposed pursuant to the authorities under this section
on the Burmese people and the Burmese military.
SEC. 5572. <<NOTE: 22 USC 10223.>> SANCTIONS AND POLICY
COORDINATION FOR BURMA.
(a) In General.--The head of the Office of Sanctions Coordination in
the Department of State should develop a comprehensive strategy for the
implementation of the full range of United States diplomatic
capabilities to implement Burma-related sanctions in order to promote
human rights and the restoration of civilian government in Burma.
(b) Matters to Be Included.--The strategy described in subsection
(a) should include plans and steps to--
(1) coordinate the sanctions policies of the United States
with relevant bureaus and offices in the Department of State and
other relevant United States Government agencies;
(2) conduct relevant research and vetting of entities and
individuals that may be subject to sanctions and coordinate
[[Page 136 STAT. 3367]]
with other United States Government agencies and international
financial intelligence units to assist in efforts to enforce
anti-money laundering and anti-corruption laws and regulations;
(3) promote a comprehensive international effort to impose
and enforce multilateral sanctions with respect to Burma;
(4) support interagency United States Government efforts,
including efforts of the United States Chief of Mission to
Burma, the United States Ambassador to ASEAN, and the United
States Permanent Representative to the United Nations, relating
to--
(A) identifying opportunities to exert pressure on
the governments of the People's Republic of China and
the Russian Federation to support multilateral action
against the Burmese military; and
(B) working with like-minded partners to impose a
coordinated arms embargo on the Burmese military and
targeted sanctions on the economic interests of the
Burmese military, including through the introduction and
adoption of a United Nations Security Council
resolution; and
(5) provide timely input for reporting on the impacts of the
implementation of sanctions on the Burmese military and the
people of Burma.
SEC. 5573. <<NOTE: 22 USC 10224.>> SUPPORT FOR GREATER UNITED
NATIONS ACTION WITH RESPECT TO BURMA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United Nations Security Council has not taken
adequate steps to condemn the February 1, 2021, coup in Burma,
pressure the Burmese military to cease its violence against
civilians, or secure the release of those unjustly detained;
(2) countries, such as the People's Republic of China and
the Russian Federation, that are directly or indirectly
shielding the Burmese military from international scrutiny and
action, should be obliged to endure the reputational damage of
doing so by taking public votes on resolutions related to Burma
that apply greater pressure on the Burmese military to restore
Burma to its democratic path; and
(3) the United Nations Secretariat and the United Nations
Security Council should take concrete steps to address the coup
and ongoing crisis in Burma consistent with United Nations
General Assembly resolution 75/287, ``The situation in
Myanmar,'' which was adopted on June 18, 2021.
(b) <<NOTE: President.>> Support for Greater Action.--The President
shall direct the United States Permanent Representative to the United
Nations to use the voice, vote, and influence of the United States to
spur greater action by the United Nations and the United Nations
Security Council with respect to Burma by--
(1) pushing the United Nations Security Council to consider
a resolution condemning the February 1, 2021, coup and calling
on the Burmese military to cease its violence against the people
of Burma and release without preconditions the journalists, pro-
democracy activists, and political officials that it has
unjustly detained;
(2) pushing the United Nations Security Council to consider
a resolution that immediately imposes a global arms embargo
[[Page 136 STAT. 3368]]
against Burma to ensure that the Burmese military is not able to
obtain weapons and munitions from other nations to further harm,
murder, and oppress the people of Burma;
(3) pushing the United Nations and other United Nations
authorities to cut off assistance to the Government of Burma
while providing humanitarian assistance directly to the people
of Burma through United Nations bodies and civil society
organizations, particularly such organizations working with
ethnic minorities that have been adversely affected by the coup
and the Burmese military's violent crackdown; and
(4) spurring the United Nations Security Council to consider
multilateral sanctions against the Burmese military for its
atrocities against Rohingya and individuals of other ethnic and
religious minorities, its coup, and the atrocities it has and
continues to commit in the coup's aftermath.
(c) Sense of Congress.--It is the sense of Congress that the United
States Permanent Representative to the United Nations should use the
voice, vote, and influence of the United States to--
(1) object to the appointment of representatives to the
United Nations and United Nations bodies such as the Human
Rights Council that are sanctioned by the Burmese military; and
(2) work to ensure the Burmese military is not recognized as
the legitimate government of Burma in any United Nations body.
SEC. 5574. <<NOTE: President. 22 USC 10225.>> SUNSET.
(a) In General.--The authority to impose sanctions and the sanctions
imposed under this part shall terminate on the date that is 8 years
after the date of the enactment of this Act.
(b) Certification for Early Sunset of Sanctions.--Sanctions imposed
under this part may be removed before the date specified in subsection
(a), if the President submits to the appropriate congressional
committees a certification that--
(1) the Burmese military has released all political
prisoners taken into custody on or after February 1, 2021, or is
providing legal recourse to those that remain in custody;
(2) the elected government of Burma has been reinstated or
new free and fair elections have been held;
(3) all legal charges against those winning election in
November 2020 are dropped; and
(4) the 2008 constitution of Burma has been amended or
replaced to place the Burmese military under civilian oversight
and ensure that the Burmese military no longer automatically
receives 25 percent of seats in Burma's state, regional, and
national Hluttaws.
(c) Notification for Early Sunset of Sanctions on Individuals.--
(1) In general.--The President may terminate the application
of sanctions under this part with respect to specific
individuals if the President submits to the appropriate
congressional committees--
(A) a notice of and justification for the
termination; and
(B) a notice that the individual is not engaging in
the activity or is no longer occupying the position that
[[Page 136 STAT. 3369]]
was the basis for the sanctions or has taken significant
verifiable steps toward stopping the activity.
(2) Form.--The notice required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
PART 3--AUTHORIZATIONS OF APPROPRIATIONS FOR ASSISTANCE FOR BURMA
SEC. 5575. <<NOTE: Time period. 22 USC 10241.>> GENERAL
AUTHORIZATION OF APPROPRIATIONS.
During each of the fiscal years 2023 through 2027, following
consultation with the appropriate congressional committees and subject
to the limitations described in section 5576, funds authorized to be
made available to carry out chapter 4 of part II of the Foreign
Assistance Act of 1961 may be made available, notwithstanding any other
provision of law, for--
(1) programs to strengthen federalism in and among ethnic
states in Burma, including for non-lethal assistance for Ethnic
Armed Organizations in Burma;
(2) the administrative operations and programs of entities
in Burma, including the political entities and affiliates of
Ethnic Armed Organizations and pro-democracy movement
organizations, that support efforts to establish an inclusive
and representative democracy in Burma;
(3) technical support and non-lethal assistance for Burma's
Ethnic Armed Organizations, People's Defense Forces, and pro-
democracy movement organizations to strengthen communications
and command and control, and coordination of international
relief and other operations between and among such entities;
(4) programs and activities relating to former members of
the Burmese military that have condemned the February 1, 2022,
coup d'etat and voiced support for the restoration of civilian
rule;
(5) programs to assist civil society organizations to
investigate and document atrocities in Burma for the purposes of
truth, justice, and accountability;
(6) programs to assist civil society organizations in Burma
that support individuals that who are unlawfully detained in
Burma for exercising their fundamental freedoms; and
(7) programs to assist civil society organizations and
ethnic groups with reconciliation activities related to Burma.
SEC. 5576. <<NOTE: 22 USC 10242.>> LIMITATIONS.
Except as provided for by this part, none of the funds authorized to
be appropriated for assistance for Burma by this part may be made
available to--
(1) <<NOTE: Determination.>> the State Administrative
Council or any organization or entity controlled by, or an
affiliate of, the Burmese military, or to any individual or
organization that has committed a gross violation of human
rights or advocates violence against ethnic or religious groups
or individuals in Burma, as determined by the Secretary of State
for programs administered by the Department of State and the
United States Agency for International Development, or President
of the National Endowment for Democracy (NED) for programs
administered by NED; and
[[Page 136 STAT. 3370]]
(2) the Burmese military.
SEC. 5577. <<NOTE: 22 USC 10243.>> APPROPRIATE CONGRESSIONAL
COMMITTEES DEFINED.
In this part, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Foreign Affairs, the Committee on Armed
Services, and the Committee on Appropriations of the House of
Representatives.
PART 4--EFFORTS AGAINST HUMAN RIGHTS ABUSES
SEC. 5578. <<NOTE: 22 USC 10251.>> AUTHORIZATION TO PROVIDE
TECHNICAL ASSISTANCE FOR EFFORTS AGAINST
HUMAN RIGHTS ABUSES.
(a) In General.--The Secretary of State is authorized to provide
assistance to support appropriate civilian or international entities
that--
(1) identify suspected perpetrators of war crimes, crimes
against humanity, and genocide in Burma;
(2) collect, document, and protect evidence of crimes in
Burma and preserving the chain of custody for such evidence;
(3) conduct criminal investigations of such crimes; and
(4) support investigations related to Burma conducted by
other countries, and by entities mandated by the United Nations,
such as the Independent Investigative Mechanism for Myanmar.
(b) Authorization for Transitional Justice Mechanisms.--The
Secretary of State, taking into account any relevant findings in the
report submitted under section 5941, is authorized to provide support
for the establishment and operation of transitional justice mechanisms,
including a hybrid tribunal, to prosecute individuals suspected of
committing war crimes, crimes against humanity, or genocide in Burma.
PART 5--SANCTIONS EXCEPTION RELATING TO IMPORTATION OF GOODS
SEC. 5579. <<NOTE: 22 USC 10261.>> SANCTIONS EXCEPTION RELATING
TO IMPORTATION OF GOODS.
(a) In General.--The authorities and requirements to impose
sanctions under this subtitle shall not include the authority or
requirement to impose sanctions on the importation of goods.
(b) Good Defined.--In this section, the term ``good'' means any
article, natural or man-made substance, material, supply, or
manufactured product, including inspection and test equipment, and
excluding technical data.
[[Page 136 STAT. 3371]]
Subtitle F <<NOTE: Otto Warmbier Countering North Korean Censorship and
Surveillance Act of 2022.>> --Promotion of Freedom of Information and
Countering of Censorship and Surveillance in North Korea
SEC. 5580. <<NOTE: 22 USC 7801 note.>> SHORT TITLE.
This subtitle may be cited as the ``Otto Warmbier Countering North
Korean Censorship and Surveillance Act of 2022''.
SEC. 5581. <<NOTE: 22 USC 7814 note.>> FINDINGS; SENSE OF
CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) The information landscape in North Korea is the most
repressive in the world, consistently ranking last or near-last
in the annual World Press Freedom Index.
(2) Under the brutal rule of Kim Jung Un, the country's
leader since 2012, the North Korean regime has tightened
controls on access to information, as well as enacted harsh
punishments for consumers of outside media, including sentencing
to time in a concentration camp and a maximum penalty of death.
(3) Such repressive and unjust laws surrounding information
in North Korea resulted in the death of 22-year-old United
States citizen and university student Otto Warmbier, who had
traveled to North Korea in December 2015 as part of a guided
tour.
(4) Otto Warmbier was unjustly arrested, sentenced to 15
years of hard labor, and severely mistreated at the hands of
North Korean officials. While in captivity, Otto Warmbier
suffered a serious medical emergency that placed him into a
comatose state. Otto Warmbier was comatose upon his release in
June 2017 and died 6 days later.
(5) Despite increased penalties for possession and
viewership of foreign media, the people of North Korean have
increased their desire for foreign media content, according to a
survey of 200 defectors concluding that 90 percent had watched
South Korean or other foreign media before defecting.
(6) On March 23, 2021, in an annual resolution, the United
Nations General Assembly condemned ``the long-standing and
ongoing systematic, widespread and gross violations of human
rights in the Democratic People's Republic of Korea'' and
expressed grave concern at, among other things, ``the denial of
the right to freedom of thought, conscience, and religion . . .
and of the rights to freedom of opinion, expression, and
association, both online and offline, which is enforced through
an absolute monopoly on information and total control over
organized social life, and arbitrary and unlawful state
surveillance that permeates the private lives of all citizens''.
(7) In 2018, Typhoon Yutu caused extensive damage to 15
broadcast antennas used by the United States Agency for Global
Media in Asia, resulting in reduced programming to North Korea.
The United States Agency for Global Media has rebuilt 5 of the
15 antenna systems as of June 2021.
(b) Sense of Congress.--It is the sense of Congress that--
(1) in the event of a crisis situation, particularly where
information pertaining to the crisis is being actively censored
or a false narrative is being put forward, the United States
[[Page 136 STAT. 3372]]
should be able to quickly increase its broadcasting capability
to deliver fact-based information to audiences, including those
in North Korea; and
(2) the United States International Broadcasting Surge
Capacity Fund is already authorized under section 316 of the
United States International Broadcasting Act of 1994 (22 U.S.C.
6216), and expanded authority to transfer unobligated balances
from expired accounts of the United States Agency for Global
Media would enable the Agency to more nimbly respond to crises.
SEC. 5582. <<NOTE: 22 USC 7814 note.>> STATEMENT OF POLICY.
It is the policy of the United States--
(1) to provide the people of North Korea with access to a
diverse range of fact-based information;
(2) to develop and implement novel means of communication
and information sharing that increase opportunities for
audiences in North Korea to safely create, access, and share
digital and non-digital news without fear of repressive
censorship, surveillance, or penalties under law; and
(3) to foster and innovate new technologies to counter North
Korea's state-sponsored repressive surveillance and censorship
by advancing internet freedom tools, technologies, and new
approaches.
SEC. 5583. UNITED STATES STRATEGY TO COMBAT NORTH KOREA'S
REPRESSIVE INFORMATION ENVIRONMENT.
(a) <<NOTE: Deadline. President.>> In General.--Not later than 180
days after the date of the enactment of this Act, the President shall
develop and submit to Congress a strategy on combating North Korea's
repressive information environment.
(b) Elements.--The strategy required by subsection (a) shall include
the following:
(1) <<NOTE: Assessment.>> An assessment of the challenges
to the free flow of information into North Korea created by the
censorship and surveillance technology apparatus of the
Government of North Korea.
(2) A detailed description of the agencies and other
government entities, key officials, and security services
responsible for the implementation of North Korea's repressive
laws regarding foreign media consumption.
(3) A detailed description of the agencies and other
government entities and key officials of foreign governments
that assist, facilitate, or aid North Korea's repressive
censorship and surveillance state.
(4) <<NOTE: Review.>> A review of existing public-private
partnerships that provide circumvention technology and an
assessment of the feasibility and utility of new tools to
increase free expression, circumvent censorship, and obstruct
repressive surveillance in North Korea.
(5) A description of and funding levels required for current
United States Government programs and activities to provide
access for the people of North Korea to a diverse range of fact-
based information.
(6) <<NOTE: Update.>> An update of the plan required by
section 104(a)(7)(A) of the North Korean Human Rights Act of
2004 (22 U.S.C. 7814(a)(7)(A)).
[[Page 136 STAT. 3373]]
(7) A description of Department of State programs and
funding levels for programs that promote internet freedom in
North Korea, including monitoring and evaluation efforts.
(8) A description of grantee programs of the United States
Agency for Global Media in North Korea that facilitate
circumvention tools and broadcasting, including monitoring and
evaluation efforts.
(9) <<NOTE: Assessment.>> A detailed assessment of how the
United States International Broadcasting Surge Capacity Fund
authorized under section 316 of the United States International
Broadcasting Act of 1994 (22 U.S.C. 6216) has operated to
respond to crisis situations in the past, and how authority to
transfer unobligated balances from expired accounts would help
the United States Agency for Global Media in crisis situations
in the future.
(10) <<NOTE: Plan.>> A detailed plan for how the
authorization of appropriations under section 5584 will operate
alongside and augment existing programming from the relevant
Federal agencies and facilitate the development of new tools to
assist that programming.
(11) <<NOTE: Plan.>> A detailed plan for engagement and
coordination with the Republic of Korea, as appropriate,
necessary for implementing the objectives of the strategy
required by subsection (a), including--
(A) with regard to any new or expanded activities
contemplated under paragraphs (9) and (10); and
(B) any cooperation with or approval from the
Government of the Republic of Korea required to carry
out such activities.
(c) Form of Strategy.--The strategy required by subsection (a) shall
be submitted in unclassified form, but may include the matters required
by paragraphs (2) and (3) of subsection (b) in a classified annex.
SEC. 5584. PROMOTING FREEDOM OF INFORMATION AND COUNTERING
CENSORSHIP AND SURVEILLANCE IN NORTH
KOREA.
(a) <<NOTE: Time period.>> Authorization of Appropriations.--There
are authorized to be appropriated to the United States Agency for Global
Media an additional $10,000,000 for each of fiscal years 2024 through
2027 to provide increased broadcasting and grants for the following
purposes:
(1) To promote the development of internet freedom tools,
technologies, and new approaches, including both digital and
non-digital means of information sharing related to North Korea.
(2) To explore public-private partnerships to counter North
Korea's repressive censorship and surveillance state.
(3) To develop new means to protect the privacy and identity
of individuals receiving media from the United States Agency for
Global Media and other outside media outlets from within North
Korea.
(4) To bolster existing programming from the United States
Agency for Global Media by restoring the broadcasting capacity
of damaged antennas caused by Typhoon Yutu in 2018.
(b) Annual Reports.--Section 104(a)(7)(B) of the North Korean Human
Rights Act of 2004 (22 U.S.C. 7814(a)(7)(B)) is amended--
(1) in the matter preceding clause (i)--
[[Page 136 STAT. 3374]]
(A) by striking ``1 year after the date of the
enactment of this paragraph'' and inserting ``September
30, 2022''; and
(B) by striking ``Broadcasting Board of Governors''
and inserting ``Chief Executive Officer of the United
States Agency for Global Media''; and
(2) in clause (i), by inserting after ``this section'' the
following: ``and sections 5583 and 5584 of the Otto Warmbier
Countering North Korean Censorship and Surveillance Act of
2022''.
Subtitle G--Other Matters
SEC. 5585. CONGRESSIONAL NOTIFICATION FOR REWARDS PAID USING
CRYPTOCURRENCIES.
(a) In General.--Section 36(e)(6) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2708(e)(6)) is amended by adding at
the end the following new sentence: <<NOTE: Deadline.>> ``Not later
than 15 days before making a reward in a form that includes
cryptocurrency, the Secretary of State shall notify the Committee on
Foreign Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate of such form for the reward.''.
(b) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of State shall submit to the Committee on
Foreign Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate a report on the use of cryptocurrency as
a part of the Department of State Rewards program established under
section 36(a) of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2708(a)) that--
(1) justifies any determination of the Secretary to make
rewards under such program in a form that includes
cryptocurrency;
(2) <<NOTE: Lists.>> lists each cryptocurrency payment made
under such program as of the date of the submission of the
report;
(3) provides evidence of the manner and extent to which
cryptocurrency payments would be more likely to induce
whistleblowers to come forward with information than rewards
paid out in United States dollars or other forms of money or
nonmonetary items; and
(4) <<NOTE: Examination.>> examines whether the
Department's use of cryptocurrency could provide bad actors with
additional hard-to-trace funds that could be used for criminal
or illicit purposes.
SEC. 5586. SECURE ACCESS TO SANITATION FACILITIES FOR WOMEN AND
GIRLS.
Subsection (a) of section 501 of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (22 U.S.C. 2601 note) is amended--
(1) by redesignating paragraphs (6) through (11) as
paragraphs (7) through (12), respectively; and
(2) by inserting after paragraph (5) the following:
``(6) the provision of safe and secure access to sanitation
facilities, with a special emphasis on women and children;''.
[[Page 136 STAT. 3375]]
SEC. 5587. REAUTHORIZATION OF THE TROPICAL FOREST AND CORAL REEF
CONSERVATION ACT OF 1998.
Section 806(d) of the Tropical Forest and Coral Reef Conservation
Act of 1998 (22 U.S.C. 2431d(d)) is amended by adding at the end the
following new paragraphs:
``(9) $20,000,000 for fiscal year 2023.
``(10) $20,000,000 for fiscal year 2024.
``(11) $20,000,000 for fiscal year 2025.
``(12) $20,000,000 for fiscal year 2026.
``(13) $20,000,000 for fiscal year 2027.''.
SEC. 5588. GLOBAL FOOD SECURITY REAUTHORIZATION ACT OF 2022.
(a) Findings.--Section 2 of the Global Food Security Act of 2016 (22
U.S.C. 9301) is amended by striking ``Congress makes'' and all that
follows through ``(3) A comprehensive'' and inserting ``Congress finds
that a comprehensive''.
(b) Statement of Policy Objectives; Sense of Congress.--Section 3(a)
of such Act (22 U.S.C. 9302(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``programs, activities, and initiatives that'' and inserting
``comprehensive, multi-sectoral programs, activities, and
initiatives that consider agriculture and food systems in their
totality and that''.
(2) in paragraph (1), by striking ``and economic freedom
through the coordination'' and inserting ``, economic freedom,
and security through the phasing, sequencing, and
coordination'';
(3) by striking paragraphs (3) and (4) and inserting the
following:
``(3) increase the productivity, incomes, and livelihoods of
small-scale producers and artisanal fishing communities,
especially women in these communities, by working across
terrestrial and aquatic food systems and agricultural value
chains, including by--
``(A) enhancing local capacity to manage
agricultural resources and food systems effectively and
expanding producer access to, and participation in,
local, regional, and international markets;
``(B) increasing the availability and affordability
of high quality nutritious and safe foods and clean
water;
``(C) creating entrepreneurship opportunities and
improving access to business development related to
agriculture and food systems, including among youth
populations, linked to local, regional, and
international markets; and
``(D) enabling partnerships to facilitate the
development of and investment in new agricultural
technologies to support more resilient and productive
agricultural practices;
``(4) build resilience to agriculture and food systems
shocks and stresses, including global food catastrophes in which
conventional methods of agriculture are unable to provide
sufficient food and nutrition to sustain the global population,
among vulnerable populations and households through inclusive
growth, while reducing reliance upon emergency food and economic
assistance;'';
(4) by amending paragraph (6) to read as follows:
[[Page 136 STAT. 3376]]
``(6) improve the nutritional status of women, adolescent
girls, and children, with a focus on reducing child stunting and
incidence of wasting, including through the promotion of highly
nutritious foods, diet diversification, large-scale food
fortification, and nutritional behaviors that improve maternal
and child health and nutrition, especially during the first
1,000-day window until a child reaches 2 years of age;''; and
(5) in paragraph (7)--
(A) by striking ``science and technology,'' and
inserting ``combating fragility, resilience, science and
technology, natural resource management''; and
(B) by inserting ``, including deworming,'' after
``nutrition,''.
(c) Definitions.--Section 4 of the Global Food Security Act of 2016
(22 U.S.C. 9303) is amended--
(1) in paragraph (2), by inserting ``, including in response
to shocks and stresses to food and nutrition security'' before
the period at the end;
(2) by redesignating paragraphs (4) through (12) as
paragraphs (5) through (13), respectively;
(3) by inserting after paragraph (3) the following:
``(4) Food system.--The term `food system' means the intact
or whole unit made up of interrelated components of people,
behaviors, relationships, and material goods that interact in
the production, processing, packaging, transporting, trade,
marketing, consumption, and use of food, feed, and fiber through
aquaculture, farming, wild fisheries, forestry, and pastoralism
that operates within and is influenced by social, political,
economic, and environmental contexts.'';
(4) in paragraph (6), as redesignated, by amending
subparagraph (H) to read as follows:
``(H) local agricultural producers, including farmer
and fisher organizations, cooperatives, small-scale
producers, youth, and women; and'';
(5) in paragraph (7), as redesignated, by inserting ``the
Inter-American Foundation,'' after ``United States African
Development Foundation,'';
(6) in paragraph (9), as redesignated--
(A) by inserting ``agriculture and food'' before
``systems''; and
(B) by inserting ``, including global food
catastrophes,'' after ``food security'';
(7) in paragraph (10), as redesignated, by striking
``fishers'' and inserting ``artisanal fishing communities'';
(8) in paragraph (11), as redesignated, by amending
subparagraphs (D) and (E) to read as follows:
``(D) is a marker of an environment deficient in the
various needs that allow for a child's healthy growth,
including nutrition; and
``(E) is associated with long-term poor health,
delayed motor development, impaired cognitive function,
and decreased immunity.'';
(9) in paragraph (13), as redesignated, by striking
``agriculture and nutrition security'' and inserting ``food and
nutrition security and agriculture-led economic growth''; and
(10) by adding at the end the following:
``(14) Wasting.--The term `wasting' means--
[[Page 136 STAT. 3377]]
``(A) a life-threatening condition attributable to
poor nutrient intake or disease that is characterized by
a rapid deterioration in nutritional status over a short
period of time; and
``(B) in the case of children, is characterized by
low weight for height and weakened immunity, increasing
their risk of death due to greater frequency and
severity of common infection, particularly when
severe.''.
(d) Comprehensive Global Food Security Strategy.--Section 5(a) of
the Global Food Security Act of 2016 (22 U.S.C. 9304) is amended--
(1) in paragraph (4), by striking ``country-owned
agriculture, nutrition, and food security policy and investment
plans'' and inserting ``partner country-led agriculture,
nutrition, regulatory, food security, and water resources
management policy and investment plans and governance systems'';
(2) by amending paragraph (5) to read as follows:
``(5) support the locally-led and inclusive development of
agriculture and food systems, including by enhancing the extent
to which small-scale food producers, especially women, have
access to and control over the inputs, skills, resource
management capacity, networking, bargaining power, financing,
market linkages, technology, and information needed to
sustainably increase productivity and incomes, reduce poverty
and malnutrition, and promote long-term economic prosperity;'';
(3) in paragraph (6)--
(A) by inserting ``, adolescent girls,'' after
``women''; and
(B) by inserting ``and preventing incidence of
wasting'' after ``reducing child stunting'';
(4) in paragraph (7), by inserting ``poor water resource
management and'' after ``including'';
(5) in paragraph (8)--
(A) by striking ``the long-term success of
programs'' and inserting ``long-term impact''; and
(B) by inserting ``, including agricultural research
capacity,'' after ``institutions'';
(6) in paragraph (9), by striking ``integrate resilience and
nutrition strategies into food security programs, such that
chronically vulnerable populations are better able to'' and
inserting ``coordinate with and complement relevant strategies
to ensure that chronically vulnerable populations are better
able to adapt,'';
(7) by redesignating paragraph (17) as paragraph (22);
(8) by redesignating paragraphs (12) through (16) as
paragraphs (14) through (18), respectively;
(9) by striking paragraphs (10) and (11) and inserting the
following:
``(10) develop community and producer resilience and
adaptation strategies to disasters, emergencies, and other
shocks and stresses to food and nutrition security, including
conflicts, droughts, flooding, pests, and diseases, that
adversely impact agricultural yield and livelihoods;
``(11) harness science, technology, and innovation,
including the research and extension activities supported by the
private sector, relevant Federal departments and agencies, Feed
the
[[Page 136 STAT. 3378]]
Future Innovation Labs or any successor entities, and
international and local researchers and innovators, recognizing
that significant investments in research and technological
advances will be necessary to reduce global poverty, hunger, and
malnutrition;
``(12) use evidenced-based best practices, including
scientific and forecasting data, and improved planning and
coordination by, with, and among key partners and relevant
Federal departments and agencies to identify, analyze, measure,
and mitigate risks, and strengthen resilience capacities;
``(13) ensure scientific and forecasting data is accessible
and usable by affected communities and facilitate communication
and collaboration among local stakeholders in support of
adaptation planning and implementation, including scenario
planning and preparedness using seasonal forecasting and
scientific and local knowledge;'';
(10) in paragraph (15), as redesignated, by inserting
``nongovernmental organizations, including'' after ``civil
society,'';
(11) in paragraph (16), as redesignated, by inserting ``and
coordination, as appropriate,'' after ``collaboration'';
(12) in paragraph (18), as redesignated, by striking
``section 8(b)(4); and'' and inserting ``section 8(a)(4);''; and
(13) by inserting after paragraph (18), as redesignated, the
following:
``(19) improve the efficiency and resilience of agricultural
production, including management of crops, rangelands, pastures,
livestock, fisheries, and aquacultures;
``(20) ensure investments in food and nutrition security
consider and integrate best practices in the management and
governance of natural resources and conservation, especially
among food insecure populations living in or near biodiverse
ecosystems;
``(21) be periodically updated in a manner that reflects
learning and best practices; and''.
(e) Periodic Updates.--Section 5 of the Global Food Security Act of
2016 (22 U.S.C. 9304), as amended by subsection (d), is further amended
by adding at the end the following:
``(d) <<NOTE: Deadlines. President.>> Periodic Updates.--Not less
frequently than quinquennially through fiscal year 2030, the President,
in consultation with the head of each relevant Federal department and
agency, shall submit to the appropriate congressional committees updates
to the Global Food Security Strategy required under subsection (a) and
the agency-specific plans described in subsection (c)(2).''.
(f) Authorization of Appropriations to Implement the Global Food
Security Strategy.-- <<NOTE: Time period.>> Section 6(b) of such Act (22
U.S.C. 9305(b)) is amended--
(1) by striking ``$1,000,600,000 for each of fiscal years
2017 through 2023'' and inserting ``$1,200,000,000 for each of
the fiscal years 2024 through 2028''; and
(2) by adding at the end the following: ``Amounts authorized
to appropriated under this subsection should be prioritized to
carry out programs and activities in target countries.''.
(g) Emergency Food Security Program.--
(1) In general.--Section 7 of the Global Food Security Act
of 2016 (22 U.S.C. 9306) is amended by striking ``(a) Sense of
Congress.--'' and all that follows through ``It shall be'' and
inserting ``It shall be''.
[[Page 136 STAT. 3379]]
(2) <<NOTE: Time period.>> Authorization of
appropriations.--Section 492(a) of the Foreign Assistance Act of
1961 (22 U.S.C. 2292a(a)) is amended by striking
``$2,794,184,000 for each of fiscal years 2017 through 2023, of
which up to $1,257,382,000'' and inserting ``$3,905,460,000 for
each of the fiscal years 2024 through 2028, of which up to
$1,757,457,000''.
(h) Reports.--Section 8(a) of the Global Food Security Act of 2016
(22 U.S.C. 9307) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``During each of the first 7 years
after the date of the submission of the strategy
required under section 5(c),'' and inserting ``For each
of the fiscal years through 2028,'';
(B) by striking ``reports that describe'' and
inserting ``a report that describes''; and
(C) by striking ``at the end of the reporting
period'' and inserting ``during the preceding year'';
(2) in paragraph (2), by inserting ``, including any changes
to the target countries selected pursuant to the selection
criteria described in section 5(a)(2) and justifications for any
such changes'' before the semicolon at the end;
(3) in paragraph (3), by inserting ``identify and'' before
``describe'';
(4) by redesignating paragraphs (12) through (14) as
paragraphs (15) through (17), respectively;
(5) by redesignating paragraphs (5) through (11) as
paragraphs (7) through (13), respectively;
(6) by striking paragraph (4) and inserting the following:
``(4) identify and describe the priority quantitative
metrics used to establish baselines and performance targets at
the initiative, country, and zone of influence levels;
``(5) identify such established baselines and performance
targets at the country and zone of influence levels;
``(6) identify the output and outcome benchmarks and
indicators used to measure results annually, and report the
annual measurement of results for each of the priority metrics
identified pursuant to paragraph (4), disaggregated by age,
gender, and disability, to the extent practicable and
appropriate, in an open and transparent manner that is
accessible to the people of the United States;'';
(7) in paragraph (7), as redesignated, by striking
``agriculture'' and inserting ``food'';
(8) in paragraph (8), as redesignated--
(A) by inserting ``quantitative and qualitative''
after ``how''; and
(B) by inserting ``at the initiative, country, and
zone of influence levels, including longitudinal data
and key uncertainties'' before the semicolon at the end;
(9) in paragraph (9), as redesignated, by inserting ``within
target countries, amounts and justification for any spending
outside of target countries'' after ``amounts spent'';
(10) in paragraph (13), as redesignated, by striking ``and
the impact of private sector investment'' and inserting ``and
efforts to encourage financial donor burden sharing and the
impact of such investment and efforts'';
(11) by inserting after paragraph (13), as redesignated, the
following:
[[Page 136 STAT. 3380]]
``(14) describe how agriculture research is prioritized
within the Global Food Security Strategy to support agriculture-
led growth and eventual self-sufficiency and assess efforts to
coordinate research programs within the Global Food Security
Strategy with key stakeholders;'';
(12) in paragraph (16), as redesignated, by striking ``and''
at the end;
(13) in paragraph (17), as redesignated--
(A) by inserting ``, including key challenges or
missteps,'' after ``lessons learned''; and
(B) by striking the period at the end and inserting
``; and''; and
(14) by adding at the end the following:
``(18) <<NOTE: Determination.>> during the final year of
each strategy required under section 5, complete country
graduation reports to determine whether a country should remain
a target country based on quantitative and qualitative
analysis.''.
SEC. 5589. EXTENSION AND MODIFICATION OF CERTAIN EXPORT CONTROLS.
(a) Extension of Export Prohibition on Munitions Items to the Hong
Kong Police Force.--Section 3 of the Act entitled ``An Act to prohibit
the commercial export of covered munitions items to the Hong Kong Police
Force'', approved November 27, 2019 (Public Law 116-77; 133 Stat. 1173),
is amended by striking ``shall expire'' and all that follows and
inserting ``shall expire on December 31, 2024.''.
(b) Modification of Authority of President Under Export Control
Reform Act of 2018.--Section 1753(a)(2)(F) of the Export Control Reform
Act of 2018 (50 U.S.C. 4812(a)(2)(F)) is amended by inserting ``,
security, or'' before ``intelligence''.
SEC. 5590. <<NOTE: 22 USC 9521 note.>> IMPOSITION OF SANCTIONS
WITH RESPECT TO THE SALE, SUPPLY, OR
TRANSFER OF GOLD TO OR FROM RUSSIA.
(a) <<NOTE: Deadline. President.>> Identification.--Not later than
90 days after the date of the enactment of this Act, and periodically as
necessary thereafter, the President--
(1) <<NOTE: Reports.>> shall submit to Congress a report
identifying foreign persons that knowingly participated in a
significant transaction--
(A) for the sale, supply, or transfer (including
transportation) of gold, directly or indirectly, to or
from the Russian Federation or the Government of the
Russian Federation, including from reserves of the
Central Bank of the Russian Federation held outside the
Russian Federation; or
(B) that otherwise involved gold in which the
Government of the Russian Federation had any interest;
and
(2) shall impose the sanctions described in subsection
(b)(1) with respect to each such person; and
(3) may impose the sanctions described in subsection (b)(2)
with respect to any such person that is an alien.
(b) Sanctions Described.--The sanctions described in this subsection
are the following:
(1) Blocking of property.--The exercise of all powers
granted to the President by the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to
block and prohibit all transactions in all property and
interests in property of a foreign person identified in the
[[Page 136 STAT. 3381]]
report required by subsection (a)(1) if such property and
interests in property are in the United States, come within the
United States, or are or come within the possession or control
of a United States person.
(2) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien described
in subsection (a)(1) is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted or
paroled into the United States or to receive any
other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--The issuing consular officer,
the Secretary of State, or the Secretary of
Homeland Security (or a designee of one of such
Secretaries) shall, in accordance with section
221(i) of the Immigration and Nationality Act (8
U.S.C. 1201(i)), revoke any visa or other entry
documentation issued to an alien described in
subsection (a)(1).
(ii) Immediate effect.--The revocation under
clause (i) of a visa or other entry documentation
issued to an alien shall--
(I) take effect immediately; and
(II) automatically cancel any other
valid visa or entry documentation that
is in the alien's possession.
(c) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and
1704) to carry out this section.
(2) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of this section or
any regulation, license, or order issued to carry out this
section shall be subject to the penalties set forth in
subsections (b) and (c) of section 206 of the International
Emergency Economic Powers Act (50 U.S.C. 1705) to the same
extent as a person that commits an unlawful act described in
subsection (a) of that section.
(d) <<NOTE: President.>> National Interest Waiver.--The President
may waive the imposition of sanctions under this section with respect to
a person if the President--
(1) <<NOTE: Determination.>> determines that such a waiver
is in the national interests of the United States; and
(2) <<NOTE: Notification.>> submits to Congress a
notification of the waiver and the reasons for the waiver.
(e) Termination.--
(1) In general.--Except as provided in paragraph (2), the
requirement to impose sanctions under this section, and any
sanctions imposed under this section, shall terminate on the
earlier of--
(A) the date that is 3 years after the date of the
enactment of this Act; or
[[Page 136 STAT. 3382]]
(B) <<NOTE: President. Certification.>> the date
that is 30 days after the date on which the President
certifies to Congress that--
(i) the Government of the Russian Federation
has ceased its destabilizing activities with
respect to the sovereignty and territorial
integrity of Ukraine; and
(ii) such termination in the national
interests of the United States.
(2) Transition rules.--
(A) <<NOTE: President. Determination.>>
Continuation of certain authorities.--Any authorities
exercised before the termination date under paragraph
(1) to impose sanctions with respect to a foreign person
under this section may continue to be exercised on and
after that date if the President determines that the
continuation of those authorities is in the national
interests of the United States.
(B) Application to ongoing investigations.--The
termination date under paragraph (1) shall not apply to
any investigation of a civil or criminal violation of
this section or any regulation, license, or order issued
to carry out this section, or the imposition of a civil
or criminal penalty for such a violation, if--
(i) the violation occurred before the
termination date; or
(ii) the person involved in the violation
continues to be subject to sanctions pursuant to
subparagraph (A).
(f) Exceptions.--
(1) Exceptions for authorized intelligence and law
enforcement and national security activities.--This section
shall not apply with respect to activities subject to the
reporting requirements under title V of the National Security
Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized
intelligence, law enforcement, or national security activities
of the United States.
(2) Exception to comply with international agreements.--
Sanctions under subsection (b)(2) may not apply with respect to
the admission of an alien to the United States if such admission
is necessary to comply with the obligations of the United States
under the Agreement regarding the Headquarters of the United
Nations, signed at Lake Success June 26, 1947, and entered into
force November 21, 1947, between the United Nations and the
United States, or the Convention on Consular Relations, done at
Vienna April 24, 1963, and entered into force March 19, 1967, or
other international obligations.
(3) Humanitarian exemption.--The President shall not impose
sanctions under this section with respect to any person for
conducting or facilitating a transaction for the sale of
agricultural commodities, food, medicine, or medical devices or
for the provision of humanitarian assistance.
(4) Exception relating to importation of goods.--
(A) In general.--The requirement or authority to
impose sanctions under this section shall not include
the authority or a requirement to impose sanctions on
the importation of goods.
[[Page 136 STAT. 3383]]
(B) Good defined.--In this paragraph, the term
``good'' means any article, natural or manmade
substance, material, supply, or manufactured product,
including inspection and test equipment, and excluding
technical data.
(g) Definitions.--In this section:
(1) The terms ``admission'', ``admitted'', ``alien'', and
``lawfully admitted for permanent residence'' have the meanings
given those terms in section 101 of the Immigration and
Nationality Act (8 U.S.C. 1101).
(2) The term ``foreign person'' means an individual or
entity that is not a United States person.
(3) The term ``knowingly'', with respect to conduct, a
circumstance, or a result, means that a person has actual
knowledge, or should have known, of the conduct, the
circumstance, or the result.
(4) The term ``United States person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
(B) an entity organized under the laws of the United
States or any jurisdiction within the United States,
including a foreign branch of such an entity; or
(C) any person in the United States.
SEC. 5591. RENEGOTIATION OF COMPACTS OF FREE ASSOCIATION.
(a) Sense of Congress.--It is the sense of Congress as follows:
(1) The United States shares deep ties, history and
interests with the Freely Associated States of the Republic of
the Marshall Islands, Federated States of Micronesia, and Palau
and continues a special, unique and mutually beneficial
relationship with them under the decades-old Compacts of Free
Association.
(2) Under the Compacts, the United States has undertaken the
responsibility and obligation to provide and ensure the security
and defense of the Freely Associated States.
(3) The Compacts are critical to the national security of
the United States and its allies and partners and are the
bedrock of the United States role in the Pacific.
(4) Renewal of key provisions of the Compacts, now being
renegotiated with each nation, is critical for regional
security.
(5) Maintaining and strengthening the Compacts supports both
United States national security and the United States
responsibility for the security and defense of the Freely
Associated States.
(b) <<NOTE: Deadline.>> Briefing on Renegotiations.--Not later than
90 days after the date of the enactment of this Act, the Secretary of
State, in coordination with the Secretary of Defense and the Secretary
of the Interior, shall brief the following committees on the status of
the renegotiations of the Compacts of Free Association described in
subsection (a) and opportunities to expand its support for the
renegotiations:
(1) The congressional defense committees.
(2) The Committee on Foreign Affairs and the Committee on
Natural Resources of the House of Representatives.
(3) The Committee on Foreign Relations and the Committee on
Energy and Natural Resources of the Senate.
[[Page 136 STAT. 3384]]
SEC. 5592. <<NOTE: 22 USC 8756.>> SECRETARY OF STATE ASSISTANCE
FOR PRISONERS IN ISLAMIC REPUBLIC OF
IRAN.
(a) Statement of Policy.--It is the policy of the United States
that--
(1) the Islamic Republic of Iran should allow the United
Nations Special Rapporteur on the Situation of Human Rights in
the Islamic Republic of Iran unimpeded access to facilitate the
full implementation of the mandate of the United Nations Special
Rapporteur, including--
(A) investigating alleged violations of human rights
that are occurring or have occurred both within prisons
and elsewhere;
(B) transmitting urgent appeals and letters to the
Islamic Republic of Iran regarding alleged violations of
human rights; and
(C) engaging with relevant stakeholders in the
Islamic Republic of Iran and the surrounding region;
(2) the Islamic Republic of Iran should immediately end
violations of the human rights of political prisoners or persons
imprisoned for exercising the right to freedom of speech,
including--
(A) torture;
(B) denial of access to health care; and
(C) denial of a fair trial;
(3) all prisoners of conscience and political prisoners in
the Islamic Republic of Iran should be unconditionally and
immediately released;
(4) all diplomatic tools of the United States should be
invoked to ensure that all prisoners of conscience and political
prisoners in the Islamic Republic of Iran are released,
including raising individual cases of particular concern; and
(5) all officials of the government of the Islamic Republic
of Iran who are responsible for human rights abuses in the form
of politically motivated imprisonment should be held to account,
including through the imposition of sanctions pursuant to the
Global Magnitsky Human Rights Accountability Act (22 U.S.C.
10101 et seq.) and other applicable statutory authorities of the
United States.
(b) Assistance for Prisoners.--The Secretary of State is authorized
to continue to provide assistance to civil society organizations that
support prisoners of conscience and political prisoners in the Islamic
Republic of Iran, including organizations that--
(1) work to secure the release of such prisoners;
(2) document violations of human rights with respect to such
prisoners;
(3) support international advocacy to raise awareness of
issues relating to such prisoners;
(4) support the health, including mental health, of such
prisoners; and
(5) provide post-incarceration assistance to enable such
prisoners to resume normal lives, including access to education,
employment, or other forms of reparation.
(c) Definitions.--In this section:
(1) The term ``political prisoner'' means a person who has
been detained or imprisoned on politically motivated grounds.
(2) The term ``prisoner of conscience'' means a person who--
[[Page 136 STAT. 3385]]
(A) is imprisoned or otherwise physically restricted
solely in response to the peaceful exercise of the human
rights of such person; and
(B) has not used violence or advocated violence or
hatred.
SEC. 5593. <<NOTE: Iran Nuclear Weapons Capability and Terrorism
Monitoring Act of 2022. 22 USC 8701
note.>> IRAN NUCLEAR WEAPONS CAPABILITY
AND TERRORISM MONITORING ACT OF 2022.
(a) Short Title.--This section may be cited as the ``Iran Nuclear
Weapons Capability and Terrorism Monitoring Act of 2022''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) an Islamic Republic of Iran that possesses a nuclear
weapons capability would be a serious threat to the national
security of the United States, Israel, and other allies and
partners;
(2) the Islamic Republic of Iran has been less than
cooperative with international inspectors from the International
Atomic Energy Agency and has obstructed their ability to inspect
facilities as well as data and recordings collected by
surveillance equipment across Iran;
(3) the Islamic Republic of Iran continues to advance
missile and drone programs, which are a threat to the national
security of the United States, Israel, and other allies and
partners;
(4) the Islamic Republic of Iran continues to support
proxies in the Middle East in a manner that--
(A) undermines the sovereignty of regional
governments;
(B) threatens the safety of United States citizens;
(C) threatens United States allies and partners; and
(D) directly undermines the national security
interests of the United States;
(5) the Islamic Republic of Iran has engaged in
assassination plots against former United States officials and
has been implicated in plots to kidnap United States citizens
within the United States;
(6) the Islamic Republic of Iran is engaged in unsafe and
unprofessional maritime activity that threatens the movement of
naval vessels of the United States and the free flow of commerce
through strategic maritime chokepoints in the Middle East and
North Africa;
(7) the Islamic Republic of Iran has delivered hundreds of
armed drones to the Russian Federation, which will enable
Vladimir Putin to continue the assault against Ukraine in direct
opposition of the national security interests of the United
States; and
(8) the United States must--
(A) ensure that the Islamic Republic of Iran does
not acquire a nuclear weapons capability;
(B) protect against aggression from the Islamic
Republic of Iran manifested through its missiles and
drone programs; and
(C) counter regional and global terrorism of the
Islamic Republic of Iran in a manner that minimizes the
threat posed by state and non-state actors to the
interests of the United States.
(c) Definitions.--In this section:
[[Page 136 STAT. 3386]]
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Appropriations, the Committee on Armed
Services, the Committee on Energy and Natural Resources,
and the Select Committee on Intelligence of the Senate;
and
(B) the Committee on Foreign Affairs, the Committee
on Appropriations, the Committee on Armed Services, the
Committee on Energy and Commerce, and the Permanent
Select Committee on Intelligence of the House of
Representatives.
(2) Comprehensive safeguards agreement.--The term
``Comprehensive Safeguards Agreement'' means the Agreement
between the Islamic Republic of Iran and the International
Atomic Energy Agency for the Application of Safeguards in
Connection with the Treaty on the Non-Proliferation of Nuclear
Weapons, done at Vienna June 19, 1973.
(3) Intelligence community.--The term ``intelligence
community'' has the meaning given the term in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
(4) Task force.--The term ``task force'' means the task
force established under subsection (d).
(5) Unmanned aircraft system.--The term ``unmanned aircraft
system'' has the meaning given the term in section 44801 of
title 49, United States Code.
(d) Establishment of Interagency Task Force on Nuclear Activity and
Global Regional Terrorism of the Islamic Republic of Iran.--
(1) Establishment.--The Secretary of State shall establish a
task force to coordinate and synthesize efforts by the United
States Government regarding--
(A) nuclear activity of the Islamic Republic of Iran
or its proxies; and
(B) regional and global terrorism activity by the
Islamic Republic of Iran or its proxies.
(2) Composition.--
(A) Chairperson.--The Secretary of State shall be
the Chairperson of the task force.
(B) Membership.--
(i) In general.--The task force shall be
composed of individuals, each of whom shall be an
employee of and appointed to the task force by the
head of one of the following agencies:
(I) The Department of State.
(II) The Department of Defense.
(III) The Department of Energy.
(ii) Additional members.--The Chairperson may
appoint to the task force additional individuals
from other Federal agencies, as the Chairperson
considers necessary.
(iii) Intelligence community support.--The
Director of National Intelligence shall ensure
that the task force receives all appropriate
support from the intelligence community.
(3) Sunset.--The task force shall terminate on December 31,
2028.
[[Page 136 STAT. 3387]]
(e) Assessments.--
(1) Intelligence assessment on nuclear activity.--
(A) <<NOTE: Deadlines. Termination date.>> In
general.--Not later than 120 days after the date of the
enactment of this Act, and every 180 days thereafter
until December 31, 2028, the Director of National
Intelligence shall submit to the appropriate
congressional committees an assessment regarding any
uranium enrichment, nuclear weapons development,
delivery vehicle development, and associated engineering
and research activities of the Islamic Republic of Iran.
(B) Contents.--The assessment required by
subparagraph (A) shall include--
(i) a description and location of current fuel
cycle activities for the production of fissile
material being undertaken by the Islamic Republic
of Iran, including--
(I) research and development
activities to procure or construct
additional advanced IR-2, IR-6 and other
model centrifuges and enrichment
cascades, including for stable isotopes;
(II) research and development of
reprocessing capabilities, including--
(aa) reprocessing of spent
fuel; and
(bb) extraction of medical
isotopes from irradiated uranium
targets;
(III) activities with respect to
designing or constructing reactors,
including--
(aa) the construction of
heavy water reactors;
(bb) the manufacture or
procurement of reactor
components, including the
intended application of such
components; and
(cc) efforts to rebuild the
original reactor at Arak;
(IV) uranium mining, concentration,
conversion, and fuel fabrication,
including--
(aa) estimated uranium ore
production capacity and annual
recovery;
(bb) recovery processes and
ore concentrate production
capacity and annual recovery;
(cc) research and
development with respect to, and
the annual rate of, conversion
of uranium; and
(dd) research and
development with respect to the
fabrication of reactor fuels,
including the use of depleted,
natural, and enriched uranium;
and
(V) activities with respect to--
(aa) producing or acquiring
plutonium or uranium (or their
alloys);
(bb) conducting research and
development on plutonium or
uranium (or their alloys);
(cc) uranium metal; or
(dd) casting, forming, or
machining plutonium or uranium;
(ii) with respect to any activity described in
clause (i), a description, as applicable, of--
[[Page 136 STAT. 3388]]
(I) the number and type of
centrifuges used to enrich uranium and
the operating status of such
centrifuges;
(II) the number and location of any
enrichment or associated research and
development facility used to engage in
such activity;
(III) the amount of heavy water, in
metric tons, produced by such activity
and the acquisition or manufacture of
major reactor components, including, for
the second and subsequent assessments,
the amount produced since the last
assessment;
(IV) the number and type of fuel
assemblies produced by the Islamic
Republic of Iran, including failed or
rejected assemblies; and
(V) the total amount of--
(aa) uranium-235 enriched to
not greater than 5 percent
purity;
(bb) uranium-235 enriched to
greater than 5 percent purity
and not greater than 20 percent
purity;
(cc) uranium-235 enriched to
greater than 20 percent purity
and not greater than 60 percent
purity;
(dd) uranium-235 enriched to
greater than 60 percent purity
and not greater than 90 percent
purity; and
(ee) uranium-235 enriched
greater than 90 percent purity;
(iii) a description of any weaponization plans
and weapons development capabilities of the
Islamic Republic of Iran, including--
(I) plans and capabilities with
respect to--
(aa) weapon design,
including fission, warhead
miniaturization, and boosted and
early thermonuclear weapon
design;
(bb) high yield fission
development;
(cc) design, development,
acquisition, or use of computer
models to simulate nuclear
explosive devices;
(dd) design, development,
fabricating, acquisition, or use
of explosively driven neutron
sources or specialized materials
for explosively driven neutron
sources; and
(ee) design, development,
fabrication, acquisition, or use
of precision machining and
tooling that could enable the
production of nuclear explosive
device components;
(II) the ability of the Islamic
Republic of Iran to deploy a working or
reliable delivery vehicle capable of
carrying a nuclear warhead;
(III) the estimated breakout time
for the Islamic Republic of Iran to
develop and deploy a nuclear weapon,
including a crude nuclear weapon; and
[[Page 136 STAT. 3389]]
(IV) the status and location of any
research and development work site
related to the preparation of an
underground nuclear test;
(iv) an identification of any clandestine
nuclear facilities;
(v) an assessment of whether the Islamic
Republic of Iran maintains locations to store
equipment, research archives, or other material
previously used for a weapons program or that
would be of use to a weapons program that the
Islamic Republic of Iran has not declared to the
International Atomic Energy Agency;
(vi) any diversion by the Islamic Republic of
Iran of uranium, carbon-fiber, or other materials
for use in an undeclared or clandestine facility;
(vii) an assessment of activities related to
developing or acquiring the capabilities for the
production of nuclear weapons, conducted at
facilities controlled by the Ministry of Defense
and Armed Forces Logistics of Iran, the Islamic
Revolutionary Guard Corps, and the Organization of
Defensive Innovation and Research, including an
analysis of gaps in knowledge;
(viii) a description of activities between the
Islamic Republic of Iran and other countries or
persons with respect to sharing information on, or
providing other forms of support for, the
acquisition of a nuclear weapons capability or
activities related to weaponization;
(ix) with respect to any new ballistic,
cruise, or hypersonic missiles being designed and
tested by the Islamic Republic of Iran or any of
its proxies, a description of--
(I) the type of missile;
(II) the range of such missiles;
(III) the capability of such
missiles to deliver a nuclear warhead;
(IV) the number of such missiles;
and
(V) any testing of such missiles;
(x) an assessment of whether the Islamic
Republic of Iran or any of its proxies possesses
an unmanned aircraft system or other military
equipment capable of delivering a nuclear weapon;
and
(xi) an assessment of the extent to which the
Islamic Republic of Iran is providing drones,
missiles, or related technology from other
countries to its proxies or partners.
(2) Assessment on support for regional and global terrorism
of the islamic republic of iran.--
(A) <<NOTE: Deadlines. Termination date.>> In
general.--Not later than 120 days after the date of the
enactment of this Act, and annually thereafter until
December 31, 2028, the Director of National Intelligence
shall submit to the appropriate congressional committees
an assessment regarding the regional and global
terrorism of the Islamic Republic of Iran.
(B) Contents.--The assessment required by
subparagraph (A) shall include--
[[Page 136 STAT. 3390]]
(i) a description of the lethal support of the
Islamic Republic of Iran, including training,
equipment, and associated intelligence support, to
regional and global non-state terrorist groups and
proxies;
(ii) a description of the lethal support of
the Islamic Republic of Iran, including training
and equipment, to state actors;
(iii) an assessment of financial support of
the Islamic Republic of Iran to non-state
terrorist groups and proxies and associated
Iranian revenue streams funding such support;
(iv) an assessment of the threat posed by the
Islamic Republic of Iran and Iranian-supported
groups to members of the Armed Forces, diplomats,
and military and diplomatic facilities of the
United States;
(v) a description of attacks by, or sponsored
by, the Islamic Republic of Iran against members
of the Armed Forces, diplomats, and military and
diplomatic facilities of the United States and the
associated response by the United States
Government in the previous year;
(vi) a description of attacks by, or sponsored
by, the Islamic Republic of Iran against United
States partners or allies and the associated
response by the United States Government in the
previous year;
(vii) an assessment of interference by the
Islamic Republic of Iran into the elections and
political processes of sovereign countries in the
Middle East and North Africa in an effort to
create conditions for or shape agendas more
favorable to the policies of the Government of the
Islamic Republic of Iran;
(viii) a description of any plots by the
Islamic Republic of Iran against former and
current United States officials;
(ix) a description of any plots by the Islamic
Republic of Iran against United States citizens
both abroad and within the United States; and
(x) a description of maritime activity of the
Islamic Republic of Iran and associated impacts on
the free flow of commerce and the national
security interests of the United States.
(3) Form; public availability; duplication.--
(A) Form.--Each assessment required by this
subsection shall be submitted in unclassified form but
may include a classified annex for information that, if
released, would be detrimental to the national security
of the United States. In addition, any classified
portion may contain an additional annex provided to the
congressional intelligence committees that details
information and analysis that would otherwise disclose
sensitive sources and methods.
(B) <<NOTE: Web posting.>> Public availability.--
The unclassified portion of an assessment required by
this subsection shall be made available to the public on
an internet website of the Office of the Director of
National Intelligence.
(C) Duplication.--For any assessment required by
this subsection, the Director of National Intelligence
may rely upon existing products that reflect the current
analytic
[[Page 136 STAT. 3391]]
judgment of the intelligence community, including
reports or products produced in response to
congressional mandate or requests from executive branch
officials.
(f) Diplomatic Strategy to Address Identified Nuclear, Ballistic
Missile, and Terrorism Threats to the United States.--
(1) <<NOTE: Deadlines. Termination date.>> In general.--Not
later than 30 days after the submission of the initial
assessment under subsection (e)(1), and annually thereafter
until December 31, 2028, the Secretary of State, in consultation
with the task force, shall submit to the appropriate
congressional committees a diplomatic strategy that outlines a
comprehensive plan for engaging with partners and allies of the
United States regarding uranium enrichment, nuclear
weaponization, missile development, and drone-related activities
and regional and global terrorism of the Islamic Republic of
Iran.
(2) Contents.--The diplomatic strategy required by paragraph
(1) shall include--
(A) an assessment of whether the Islamic Republic of
Iran--
(i) is in compliance with the Comprehensive
Safeguards Agreement and modified Code 3.1 of the
Subsidiary Arrangements to the Comprehensive
Safeguards Agreement as well as the nuclear
related commitments endorsed in United Nations
Security Council Resolution 2231 (2015); and
(ii) <<NOTE: Time period.>> has denied access
to sites that the International Atomic Energy
Agency has sought to inspect during previous 1-
year period;
(B) a description of any dual-use item (as defined
under section 730.3 of title 15, Code of Federal
Regulations or listed on the List of Nuclear-Related
Dual-Use Equipment, Materials, Software, and Related
Technology issued by the Nuclear Suppliers Group or any
successor list) the Islamic Republic of Iran is using to
further the nuclear weapon, missile, or drone program;
(C) a description of efforts of the United States to
counter efforts of the Islamic Republic of Iran to
project political and military influence into the Middle
East;
(D) a description of efforts to address the
increased threat that new or evolving uranium
enrichment, nuclear weaponization, missile, or drone
development activities by the Islamic Republic of Iran
pose to United States citizens, the diplomatic presence
of the United States in the Middle East, and the
national security interests of the United States;
(E) a description of efforts to address the threat
that terrorism by, or sponsored by, the Islamic Republic
of Iran poses to United States citizens, the diplomatic
presence of the United States in the Middle East, and
the national security interests of the United States;
(F) a description of efforts to address the impact
of the influence of the Islamic Republic of Iran on
sovereign governments on the safety and security of
United States citizens, the diplomatic presence of the
United States in the Middle East, and the national
security interests of the United States;
[[Page 136 STAT. 3392]]
(G) a description of a coordinated whole-of-
government approach to use political, economic, and
security related tools to address such activities; and
(H) <<NOTE: Plan.>> a comprehensive plan for
engaging with allies and regional partners in all
relevant multilateral fora to address such activities.
(3) <<NOTE: Deadline. Determination.>> Updated strategy
related to notification.--Not later than 45 days after the
Chairperson determines that there has been a significant
development in the nuclear weapons capability or nuclear weapons
delivery systems capability of the Islamic Republic of Iran, the
Secretary of State shall submit to the appropriate congressional
committees an update to the most recent diplomatic strategy
submitted under paragraph (1).
Subtitle H--Reports
SEC. 5594. MODIFICATION TO PEACEKEEPING OPERATIONS REPORT.
Section 6502 of the National Defense Authorization Act for Fiscal
Year 2022 (22 U.S.C. 2348 note) is amended--
(1) in subsection (a)--
(A) by amending paragraph (4) to read as follows:
``(4) As applicable, a description of specific training on
monitoring and adhering to international human rights and
humanitarian law provided to the foreign country or entity
receiving the assistance.''; and
(B) by striking paragraphs (7) and (8);
(2) in subsection (b)--
(A) in the subsection heading, by striking ``on
Programs Under Peacekeeping Operations Account''; and
(B) in paragraph (1), in the matter preceding
subparagraph (A)--
(i) by inserting ``authorized under section
551 of the Foreign Assistance Act of 1961 (22
U.S.C. 2348) and'' after ``security assistance'';
and
(ii) by striking ``foreign countries'' and all
that follows through the colon and inserting
``foreign countries for any of the following
purposes:'';
(3) by redesignating subsection (c) as subsection (d); and
(4) by inserting after subsection (b), as amended, the
following:
``(c) Coordination of Submission.--The Secretary of State is
authorized to integrate the elements of the report required by
subsection (b) into other reports required to be submitted annually to
the appropriate congressional committees.''.
SEC. 5595. REPORT ON INDO-PACIFIC REGION.
(a) <<NOTE: Time periods.>> In General.--
(1) <<NOTE: Assessment.>> In general.--Not later than one
year after the date of the enactment of this Act, the Assistant
Secretary of State for the Bureau of East Asian and Pacific
Affairs, in coordination with the Assistant Secretary of State
for the Bureau of South and Central Asian Affairs and Assistant
Administrator for the Bureau for Asia of the United States
Agency for International Development (USAID), shall submit to
the congressional foreign affairs committees a report that
contains a 2-year strategy
[[Page 136 STAT. 3393]]
assessing the resources and activities required to achieve the
policy objectives described in subsection (c).
(2) Submission and update.--The report and strategy required
by this subsection shall--
(A) be submitted at the same time as the submission
of the budget of the President (submitted to Congress
pursuant to section 1105 of title 31, United States
Code) for fiscal year 2024; and
(B) be updated and submitted at the same time as the
submission of the budget of the President (submitted to
Congress pursuant to section 1105 of title 31, United
States Code) for fiscal years 2026, 2028, and 2030.
(b) Criteria.--The report and strategy required in subsection (a)
shall be developed in accordance with the following criteria:
(1) It shall reflect the objective, autonomous, and
independent assessment of the activities, resources, and costs
required to achieve objectives detailed in subsection (c) by the
principals, the subordinate and parallel offices providing input
into the assessment.
(2) <<NOTE: Time period.>> It shall cover a period of five
fiscal years, beginning with the fiscal year following the
fiscal year in which the report is submitted.
(3) It shall incorporate input from United States
Ambassadors in the Indo-Pacific region provided explicitly for
the required report.
(4) It may include information gathered through consultation
with program offices and subject matter experts in relevant
functional bureaus, as deemed necessary by the principals.
(5) It shall not be subject to fiscal guidance or global
strategic tradeoffs associated with the annual President's
budget request.
(c) <<NOTE: Assessment.>> Policy Objectives.--The report and
strategy required in subsection (a) shall assess the activities and
resources required to achieve the following policy objectives:
(1) Implementing the Interim National Security Strategic
Guidance, or the most recent National Security Strategy, with
respect to the Indo-Pacific region.
(2) Implementing the 2022 Indo-Pacific Strategy, or
successor documents, that set forth the United States Government
strategy toward the Indo-Pacific region.
(3) Implementing the State-USAID Joint Strategic Plan with
respect to the Indo-Pacific region.
(4) Enhancing meaningful diplomatic and economic relations
with allies and partners in the Indo-Pacific and demonstrate an
enduring United States commitment to the region.
(5) Securing and advancing United States national interests
in the Indo-Pacific, including through countering the malign
influence of the Government of the People's Republic of China.
(d) Matters to Be Included.--The report and strategy required under
subsection (a) shall include the following:
(1) A description of the Bureaus' bilateral and multilateral
goals for the period covered in the report that the principals
deem necessary to accomplish the objectives outlined in
subsection (c), disaggregated by country and forum.
(2) <<NOTE: Timeline.>> A timeline with annual benchmarks
for achieving the objectives described in subsection (c).
[[Page 136 STAT. 3394]]
(3) <<NOTE: Assessment.>> An assessment of the sufficiency
of United States diplomatic personnel and facilities currently
available in the Indo-Pacific region to achieve the objectives
outlined in subsection (c), through consultation with United
States embassies in the region. The assessment shall include:
(A) <<NOTE: List.>> A list, in priority order, of
locations in the Indo-Pacific region that require
additional diplomatic personnel or facilities.
(B) A description of locations where the United
States may be able to collocate diplomatic personnel at
allied or partner embassies and consulates.
(C) A discussion of embassies or consulates where
diplomatic staff could be reduced within the Indo-
Pacific region, where appropriate.
(D) A detailed description of the fiscal and
personnel resources required to fill gaps identified.
(4) <<NOTE: Plan.>> A detailed plan to expand United States
diplomatic engagement and foreign assistance presence in the
Pacific Island nations within the next five years, including a
description of ``quick impact'' programs that can be developed
and implemented within the first fiscal year of the period
covered in the report.
(5) A discussion of the resources needed to enhance United
States strategic messaging and spotlight coercive behavior by
the People's Republic of China.
(6) A detailed description of the resources and policy tools
needed to expand the United States ability to offer high-quality
infrastructure projects in strategically significant parts of
the Indo-Pacific region, with a particular focus on expanding
investments in Southeast Asia and the Pacific Islands.
(7) <<NOTE: Assessment.>> A gap assessment of security
assistance by country, and of the resources needed to fill those
gaps.
(8) A description of the resources and policy tools needed
to facilitate continued private sector investment in partner
countries in the Indo-Pacific.
(9) A discussion of any additional bilateral or regional
assistance resources needed to achieve the objectives outlined
in subsection (c), as deemed necessary by the principals.
(e) Form.--The report required under subsection (a) shall be
submitted in an unclassified form, but may include a classified annex.
(f) Availability.--Not later than February 1 each year, the
Assistant Secretary for East Asian and Pacific Affairs shall make the
report and strategy available to the Secretary of State, the
Administrator of the USAID, the Deputy Secretary of State, the Deputy
Secretary of State for Management and Resources, the Deputy
Administrator for Policy and Programming, the Deputy Administrator for
Management and Resources, the Under Secretary of State for Political
Affairs, the Director of the Office of Foreign Assistance at the
Department of State, the Director of the Bureau of Foreign Assistance at
the USAID, and the Director of Policy Planning.
(g) Definitions.--In this section:
(1) Indo-pacific region.--The term ``Indo-Pacific region''
means the countries under the jurisdiction of the Bureau for
East Asian and Pacific Affairs, as well as the countries of
[[Page 136 STAT. 3395]]
Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan, and Sri
Lanka.
(2) Foreign affairs committees.--The term ``foreign affairs
committees'' means--
(A) the Committee on Foreign Relations and the
Subcommittee on State, Foreign Operations, and Related
Programs of the Committee on Appropriations of the
Senate; and
(B) the Committee on Foreign Affairs and the
Subcommittee on State, Foreign Operations, Related
Programs of the Committee on Appropriations of the House
of Representatives.
(3) Principals.--The term ``principals'' means the Assistant
Secretary of State for the Bureau of East Asian and Pacific
Affairs, the Assistant Secretary of State for the Bureau of
South and Central Asian Affairs, and the Assistant Administrator
for the Bureau for Asia of the United States Agency for
International Development.
SEC. 5596. REPORT ON HUMANITARIAN SITUATION AND FOOD SECURITY IN
LEBANON.
(a) <<NOTE: Evaluation.>> Report Required.--Not later than 90 days
after the date of the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Defense and in coordination with the
Administrator of the United States Agency for International Development,
shall submit to the appropriate congressional committees a report that
contains an evaluation of the humanitarian situation in Lebanon, as well
as the impact of the deficit of wheat imports due to Russia's further
invasion of Ukraine, initiated on February 24, 2022.
(b) Elements.--The report required by subsection (a) shall include
the following elements:
(1) The projected increase in malnutrition in Lebanon.
(2) <<NOTE: Estimate.>> The estimated increase in the
number of food insecure individuals in Lebanon.
(3) <<NOTE: Estimate.>> The estimated number of individuals
who will be faced with acute malnutrition due to food price
inflation in Lebanon.
(4) Actions United States Government allies and partners are
taking to address the matters described in paragraphs (1), (2),
and (3).
(5) The potential impact of food insecurity in Lebanon on
Department of Defense goals and objectives in Lebanon.
(c) Form of Report.--The report required by subsection (a) shall be
submitted in an unclassified form, but may contain a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
[[Page 136 STAT. 3396]]
SEC. 5597. STATEMENT OF POLICY AND REPORT ON ENGAGING WITH NIGER.
(a) <<NOTE: 22 USC 2151 note.>> Statement of Policy.--It is the
policy of the United States to--
(1) continue to support Niger's efforts to advance
democracy, good governance, human rights, and regional security
within its borders through bilateral assistance and multilateral
initiatives;
(2) enhance engagement and cooperation with the Nigerien
Government at all levels as a key component of stabilizing the
Sahel, where frequent coups and other anti-democratic movements,
food insecurity, violent extremism, and armed conflict threaten
to further weaken governments throughout the region; and
(3) work closely with partners and allies throughout the
international community to elevate Niger, which experienced its
first democratic transition of power in 2021, as an example of
transitioning from longstanding military governance and a cycle
of coups to a democratic, civilian-led form of government.
(b) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
heads of relevant departments and agencies, shall submit to the
appropriate congressional committees a report on interagency efforts to
enhance United States engagement with Niger as a key component of the
United States Strategy toward the Sahel. <<NOTE: Time periods.>> Such
report shall also include the following information with respect to the
2 fiscal years preceding the date of the submission of the report:
(1) A description of United States efforts to promote
democracy, political pluralism, fiscal transparency and other
good governance initiatives, human rights and the rule of law,
and a robust and engaged civil society.
(2) A full, detailed breakdown of United States assistance
provided to help the Nigerien Government develop a comprehensive
national security strategy, including to counter terrorism,
regional and transnational organized crime, intercommunal
violence, and other forms of armed conflict, criminal activity,
and other threats to United States and Nigerien national
security.
(3) <<NOTE: Analysis.>> An analysis of relevant resources
at the United States Embassy in Niamey, including whether staff
in place by the end of the current fiscal year will be
sufficient to meet various country and regional strategic
objectives.
(4) <<NOTE: Overview.>> An overview of foreign partner
support for Niger's intelligence and security sector.
(5) A detailed description of United States and
international efforts to address food insecurity in Niger,
including that which is caused by deforestation,
desertification, and other climate change-related issues.
(6) A breakdown of United States funds obligated for
humanitarian assistance in Niger, and an analysis of how the
security situation in Niger has affected humanitarian operations
and diplomatic engagement throughout the country.
(7) <<NOTE: Assessment.>> An assessment of foreign malign
influence in Niger, with a specific focus on the People's
Republic of China, the Russian Federation, and their proxies.
[[Page 136 STAT. 3397]]
(c) Form.--The report required by subsection (b) shall be submitted
in unclassified form, and may include a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
SEC. 5598. REPORT ON BILATERAL SECURITY AND LAW ENFORCEMENT
COOPERATION WITH MEXICO.
(a) <<NOTE: President.>> In General.--Not later than 180 days after
the date of the enactment of this Act, the President shall submit to the
appropriate congressional committees a report that includes the
following:
(1) A description of past and current bilateral security and
law enforcement cooperation with Mexico, including through
United States Northern Command, the Department of Homeland
Security, the Department of Justice (including the Drug
Enforcement Administration), and the Department of State
(including the Bureau of International Narcotics and Law
Enforcement Affairs), including over the preceding 10 years.
(2) <<NOTE: Summary.>> A summary of efforts of the
Government of Mexico to reduce impunity and strengthen judicial
processes for violent crimes and cartels across Mexico and along
the United States-Mexico border.
(3) A description and mapping of increasing cartel control
over Mexican territory and its impacts on United States national
security.
(4) <<NOTE: Assessment.>> An assessment of any changes in
Mexico's electoral and democratic institutions, including their
ability to ensure accountability for human rights violations,
and its impacts on national security.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex. The
unclassified portion of such report shall be published on a publicly
available website of the Federal government.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Committee on Foreign Relations, the Select Committee
on Intelligence, the Committee on Homeland Security and
Governmental Affairs, and the Committee on the Judiciary of the
Senate; and
(3) the Committee on Foreign Affairs, the Permanent Select
Committee on Intelligence, the Committee on Homeland Security,
and the Committee on the Judiciary of the House of
Representatives.
SEC. 5599. REPORT ON CHINESE SUPPORT TO RUSSIA WITH RESPECT TO ITS
UNPROVOKED INVASION OF AND FULL-SCALE
WAR AGAINST UKRAINE.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, and every 90 days thereafter until the sunset
specified in subsection (d), the Secretary of State, in consultation
with the Secretary of Commerce and the Director of
[[Page 136 STAT. 3398]]
National Intelligence as appropriate, shall submit to the appropriate
congressional committees a report on whether and how the People's
Republic of China (PRC), including the Government of the PRC, the
Chinese Communist Party, any PRC state-owned enterprise, and any other
PRC entity, has provided support to the Russian Federation with respect
to its unprovoked invasion of and full-scale war against Ukraine.
(b) Matters to Be Included.--The report required by subsection (a)
shall include a discussion of the support provided by the PRC to the
Russian Federation with respect to--
(1) helping the Government of Russia or Russian entities
evade or circumvent United States sanctions or multilateral
sanctions and export controls;
(2) deliberately inhibiting on-site United States Government
export control end-use checks, including interviews and
investigations, in the PRC;
(3) providing Russia with any technology, including
semiconductors classified as EAR99, that supports Russian
intelligence or military capabilities;
(4) establishing economic or financial arrangements that
will have the effect of alleviating the impact of United States
sanctions or multilateral sanctions;
(5) furthering Russia's disinformation and propaganda
efforts;
(6) coordinating to hinder the response of multilateral
organizations, including the United Nations, to provide
assistance to the people or Government of Ukraine, to condemn
Russia's war, to hold Russia accountable for the invasion and
its prosecution of the war, or to hold those complicit
accountable; and
(7) providing any material, technical, or logistical
support, including to Russian military or intelligence agencies
and state-owned or state-linked enterprises.
(c) Form.--
(1) <<NOTE: Public information. Web posting.>> In
general.--The report required by subsection (a) shall be
submitted in unclassified form and published on a publicly
available website of the Department of State.
(2) <<NOTE: Certification. Determination.>> Exception.--If
the Secretary, in consultation with the Director of National
Intelligence, certifies to the appropriate congressional
committees that the Secretary is unable to include an element
required under any of paragraphs (1) through (7) of subsection
(b) in an unclassified manner, the Secretary shall provide in
unclassified form an affirmative or negative determination with
respect to whether the People's Republic of China is supporting
the Russian Federation in the manner described in each
applicable such paragraph and concurrently provide the
discussion of that element to the appropriate congressional
committees at the lowest possible classification level,
consistent with the protection of sources and methods.
(d) Sunset.--The requirement to submit the report under subsection
(a) shall terminate on the earlier of--
(1) the date on which the Secretary of State determines the
conflict in Ukraine has ended; or
(2) the date that is 2 years after the date of the enactment
of this Act.
[[Page 136 STAT. 3399]]
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Select Committee on
Intelligence of the Senate; and
(3) the Committee on Foreign Affairs, the Committee on Ways
and Means, and the Permanent Select Committee on Intelligence of
the House of Representatives.
SEC. 5599A. FEASIBILITY STUDY ON UNITED STATES SUPPORT FOR AND
PARTICIPATION IN THE INTERNATIONAL
COUNTERTERRORISM ACADEMY IN COTE
D'IVOIRE.
(a) <<NOTE: 22 USC 2151 note.>> Statement of Policy.--It is the
policy of the United States to partner with West African governments
where possible to mitigate and counter growing regional insecurity
resulting from the spread of armed conflict and terrorism, including by
providing assistance to train, equip, and mentor West African security
services to counter threats to regional and national security through a
whole-of-government approach.
(b) Feasibility Study.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
Secretary of Defense, shall conduct a feasibility study regarding the
provision of United States assistance for infrastructure, training,
equipment, and other forms of support to institutionalize the
International Counterterrorism Academy (Academie Internationale de Lutte
Contre le Terrorisme or AILCT) in Jacqueville, Cote d'Ivoire that--
(1) provides a legal analysis of existing authorities to
provide United States foreign assistance dedicated to the
development and establishment of AILCT programs, initiatives,
and infrastructure for the purposes of training, equipping, and
mentoring eligible West African security services bilaterally or
in coordination with partners and allies;
(2) identifies opportunities for the United States to
leverage and support the AILCT facility to pursue national
security interests in West Africa, the Sahel, sub-Saharan
Africa, and the strategic Atlantic Ocean coastal and maritime
environments, including through training and research
activities, infrastructure development, combatting transnational
terrorist and organized crime threats, and countering foreign
malign influence throughout the region; and
(3) <<NOTE: Assessment.>> assesses any planned and pledged
contributions from other countries to ensure appropriate
sustainment of the facilities and burden sharing.
(c) Forms.--The feasibility study required by subsection (b) shall
be submitted in unclassified form, but may contain a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate; and
[[Page 136 STAT. 3400]]
(2) the Committee on Foreign Affairs, the Committee on Armed
Services, and the Committee on Appropriations of the House of
Representatives.
SEC. 5599B. <<NOTE: 22 USC 7817 note.>> CONSULTATIONS ON
REUNITING KOREAN AMERICANS WITH FAMILY
MEMBERS IN NORTH KOREA.
(a) Consultations.--
(1) Consultations with south korea.--The Secretary of State,
or a designee of the Secretary, should consult with officials of
South Korea, as appropriate, on potential opportunities to
reunite Korean American families with family members in North
Korea from which such Korean American families were divided
after the signing of the Korean War Armistice Agreement,
including potential opportunities for video reunions for Korean
Americans with such family members.
(2) Consultations with korean americans.--The Special Envoy
on North Korean Human Rights Issues of the Department of State
should regularly consult with representatives of Korean
Americans who have family members in North Korea with respect to
efforts to reunite families divided after the signing of the
Korean War Armistice Agreement, including potential
opportunities for video reunions for Korean Americans with such
family members.
(b) Report.--Not later than 120 days after the date of the enactment
of this Act, and annually thereafter for three years, the Secretary of
State, acting through the Special Envoy on North Korean Human Rights
Issues or other appropriate designee, shall submit to the Committee on
Foreign Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate a report on the consultations conducted
pursuant to this section during the preceding year.
Subtitle I--Sense of Congress Provisions
SEC. 5599C. SENSE OF CONGRESS REGARDING THE STATUS OF CHINA.
It is the sense of Congress that--
(1) the People's Republic of China is a fully industrialized
nation and no longer a developing nation; and
(2) any international agreement that provides or accords
China a favorable status or treatment as a ``developing nation''
should be updated to reflect the status of China.
SEC. 5599D. SENSE OF CONGRESS REGARDING ISRAEL.
It is the sense of Congress that--
(1) since 1948, Israel has been one of the strongest friends
and allies of the United States;
(2) Israel is a stable, democratic country in a region often
marred by turmoil;
(3) it is essential to the strategic interest of the United
States to continue to offer security assistance and related
support to Israel; and
(4) such assistance and support is especially vital as
Israel confronts a number of potential challenges at the present
time, including continuing threats from Iran.
[[Page 136 STAT. 3401]]
SEC. 5599E. SENSE OF CONGRESS RELATING TO THE NATO PARLIAMENTARY
ASSEMBLY.
It is the sense of Congress that the United States should--
(1) proactively engage with the North Atlantic Treaty
Organization (NATO) Parliamentary Assembly (PA) and its member
delegations;
(2) communicate with and educate the public on the benefits
and importance of NATO and NATO PA; and
(3) support increased inter-democracy and inter-
parliamentary cooperation on countering misinformation and
disinformation.
SEC. 5599F. CONDEMNING DETENTION AND INDICTMENT OF RUSSIAN
OPPOSITION LEADER VLADIMIR
VLADIMIROVICH KARA-MURZA.
(a) Findings.--Congress finds the following:
(1) Vladimir Vladimirovich Kara-Murza (referred to in this
section as ``Mr. Kara-Murza'') has tirelessly worked for decades
to advance the cause of freedom, democracy, and human rights for
the people of the Russian Federation.
(2) In retaliation for his advocacy, two attempts have been
made on Mr. Kara-Murza's life, as--
(A) on May 26, 2015, Mr. Kara-Murza fell ill with
symptoms indicative of poisoning and was hospitalized;
and
(B) on February 2, 2017, he fell ill with similar
symptoms and was placed in a medically induced coma.
(3) Independent investigations conducted by Bellingcat, the
Insider, and Der Spiegel found that the same unit of the Federal
Security Service of the Russian Federation responsible for
poisoning Mr. Kara-Murza was responsible for poisoning Russian
opposition leader Alexei Navalny and activists Timur Kuashev,
Ruslan Magomedragimov, and Nikita Isayev.
(4) On February 24, 2022, Vladimir Putin launched another
unprovoked, unjustified, and illegal invasion into Ukraine in
contravention of the obligations freely undertaken by the
Russian Federation to respect the territorial integrity of
Ukraine under the Budapest Memorandum of 1994, the Minsk
protocols of 2014 and 2015, and international law.
(5) On March 5, 2022, Vladimir Putin signed a law
criminalizing the distribution of truthful statements about the
invasion of Ukraine by the Russian Federation and mandating up
to 15 years in prison for such offenses.
(6) Since February 24, 2022, Mr. Kara-Murza has used his
voice and platform to join more than 15,000 citizens of the
Russian Federation in peacefully protesting the war against
Ukraine and millions more who silently oppose the war.
(7) On April 11, 2022, five police officers arrested Mr.
Kara-Murza in front of his home and denied his right to an
attorney, and the next day Mr. Kara-Murza was sentenced to 15
days in prison for disobeying a police order.
(8) On April 22, 2022, the Investigative Committee of the
Russian Federation charged Mr. Kara-Murza with violations under
the law signed on March 5, 2022, for his fact-based statements
condemning the invasion of Ukraine by the Russian Federation.
[[Page 136 STAT. 3402]]
(9) Mr. Kara-Murza was then placed into pretrial detention
and ordered to be held until at least June 12, 2022.
(10) If convicted of those charges, Mr. Kara-Murza faces
detention in a penitentiary system that human rights
nongovernmental organizations have criticized for widespread
torture, ill-treatment, and suspicious deaths of prisoners.
(b) Sense of Congress.--It is the sense of Congress that Congress--
(1) condemns the unjust detention and indicting of Russian
opposition leader Vladimir Vladimirovich Kara-Murza, who has
courageously stood up to oppression in the Russian Federation;
(2) expresses solidarity with Vladimir Vladimirovich Kara-
Murza, his family, and all individuals in the Russian Federation
imprisoned for exercising their fundamental freedoms of speech,
assembly, and belief;
(3) urges the United States Government and other allied
governments to work to secure the immediate release of Vladimir
Vladimirovich Kara-Murza, Alexei Navalny, and other citizens of
the Russian Federation imprisoned for opposing the regime of
Vladimir Putin and the war against Ukraine; and
(4) calls on the President to increase support provided by
the United States Government for those advocating for democracy
and independent media in the Russian Federation, which Vladimir
Vladimirovich Kara-Murza has worked to advance.
SEC. 5599G. SENSE OF CONGRESS REGARDING DEVELOPMENT OF NUCLEAR
WEAPONS BY IRAN.
Congress--
(1) reiterates its commitment to ensuring Iran will never
acquire a nuclear weapon;
(2) supports the important work of the International Atomic
Energy Agency (IAEA) in safeguarding nuclear material around the
globe;
(3) condemns Iran for its lack of transparency and
meaningful cooperation with the IAEA on the unresolved matter of
uranium particles discovered at undeclared sites in Iran and
additional escalatory actions related to its nuclear program;
and
(4) applauds the IAEA Board of Governors' resolution urging
Iran's full cooperation with the IAEA on outstanding safeguards
issues on an urgent basis.
TITLE LVI--TRANSPORTATION AND INFRASTRUCTURE
Sec. 5601. Designation of small State and rural advocate.
Sec. 5602. Flexibility.
Sec. 5603. Preliminary damage assessment.
Sec. 5604. Letter of deviation authority.
Sec. 5605. Recognizing FEMA support.
SEC. 5601. DESIGNATION OF SMALL STATE AND RURAL ADVOCATE.
(a) In General.--Section 326(c) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5165d) is amended--
[[Page 136 STAT. 3403]]
(1) by striking ``and'' at the end of paragraph (2);
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following:
``(3) assist States in the collection and presentation of
material in the disaster or emergency declaration request
relevant to demonstrate severe localized impacts within the
State for a specific incident, including--
``(A) the per capita personal income by local area,
as calculated by the Bureau of Economic Analysis;
``(B) the disaster impacted population profile, as
reported by the Bureau of the Census, including--
``(i) the percentage of the population for
whom poverty status is determined;
``(ii) the percentage of the population
already receiving Government assistance such as
Supplemental Security Income and Supplemental
Nutrition Assistance Program benefits;
``(iii) the pre-disaster unemployment rate;
``(iv) the percentage of the population that
is 65 years old and older;
``(v) the percentage of the population 18
years old and younger;
``(vi) the percentage of the population with a
disability;
``(vii) the percentage of the population who
speak a language other than English and speak
English less than `very well'; and
``(viii) any unique considerations regarding
American Indian and Alaskan Native Tribal
populations raised in the State's request for a
major disaster declaration that may not be
reflected in the data points referenced in this
subparagraph;
``(C) the impact to community infrastructure,
including--
``(i) disruptions to community life-saving and
life-sustaining services;
``(ii) disruptions or increased demand for
essential community services; and
``(iii) disruptions to transportation,
infrastructure, and utilities; and
``(D) any other information relevant to demonstrate
severe local impacts; and''.
(b) GAO Review of a Final Rule.--
(1) In general.--The Comptroller General of the United
States shall conduct a review of the Federal Emergency
Management Agency's implementation of its final rule, published
on March 21, 2019, amending section 206.48(b) of title 44, Code
of Federal Regulations (regarding factors considered when
evaluating a Governor's request for a major disaster
declaration), which revised the factors that the Agency
considers when evaluating a Governor's request for a major
disaster declaration authorizing individual assistance under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq).
(2) <<NOTE: Assessments.>> Scope.--The review required
under paragraph (1) shall include the following:
[[Page 136 STAT. 3404]]
(A) An assessment of the criteria used by the Agency
to assess individual assistance requests following a
major disaster declaration authorizing individual
assistance.
(B) An assessment of the consistency with which the
Agency uses the updated Individual Assistance
Declaration Factors when assessing the impact of
individual communities after a major disaster
declaration.
(C) An assessment of the impact, if any, of using
the updated Individual Assistance Declaration Factors
has had on equity in disaster recovery outcomes.
(D) <<NOTE: Recommenda- tions.>> Recommendations to
improve the use of the Individual Assistance Declaration
Factors to increase equity in disaster recovery
outcomes.
(3) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on the review
required under this section.
SEC. 5602. FLEXIBILITY.
(a) In General.--Section 1216(a) of the Disaster Recovery Reform Act
of 2018 (42 U.S.C. 5174a(a)) is amended--
(1) by amending paragraph (2)(A) to read as follows:
``(A) <<NOTE: Waivers.>> except as provided in
subparagraph (B), shall--
``(i) waive a debt owed to the United States
related to covered assistance provided to an
individual or household if the covered assistance
was distributed based on an error by the Agency
and such debt shall be construed as a hardship;
and
``(ii) waive a debt owed to the United States
related to covered assistance provided to an
individual or household if such assistance is
subject to a claim or legal action, including in
accordance with section of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42
U.S.C. 5160); and''; and
(2) in paragraph (3)(B)--
(A) by striking ``Removal of'' and inserting
``Report on''; and
(B) in clause (ii) by striking ``the authority of
the Administrator to waive debt under paragraph (2)
shall no longer be effective'' and inserting ``the
Administrator shall report to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate actions that the
Administrator will take to reduce the error rate''.
(b) Report to Congress.--The Administrator of the Federal Emergency
Management Agency shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a report
containing a description of the internal processes used to make
decisions regarding the distribution of covered assistance under section
1216 of the Disaster Recovery and Reform Act of 2018 (42 U.S.C. a) and
any changes made to such processes.
[[Page 136 STAT. 3405]]
SEC. 5603. <<NOTE: 42 USC 5170 note.>> PRELIMINARY DAMAGE
ASSESSMENT.
(a) Findings.--Congress finds the following:
(1) Preliminary damage assessments play a critical role in
assessing and validating the impact and magnitude of a disaster.
(2) Through the preliminary damage assessment process,
representatives from the Federal Emergency Management Agency
validate information gathered by State and local officials that
serves as the basis for disaster assistance requests.
(3) Various factors can impact the duration of a preliminary
damage assessment and the corresponding submission of a major
disaster request, however, the average time between when a
disaster occurs, and the submission of a corresponding disaster
request has been found to be approximately twenty days longer
for flooding disasters.
(4) With communities across the country facing increased
instances of catastrophic flooding and other extreme weather
events, accurate and efficient preliminary damage assessments
have become critically important to the relief process for
impacted States and municipalities.
(b) Report to Congress.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Administrator of the Federal
Emergency Management Agency shall submit to Congress a report
describing the preliminary damage assessment process, as
supported by the Federal Emergency Management Agency in the 5
years before the date of enactment of this Act.
(2) Contents.--The report described in paragraph (1) shall
contain the following:
(A) The process of the Federal Emergency Management
Agency for deploying personnel to support preliminary
damage assessments.
(B) The number of Agency staff participating on
disaster assessment teams.
(C) The training and experience of such staff
described in subparagraph (B).
(D) A calculation of the average amount of time
disaster assessment teams described in subparagraph (A)
are deployed to a disaster area.
(E) The efforts of the Agency to maintain a
consistent liaison between the Agency and State, local,
tribal, and territorial officials within a disaster
area.
(c) Preliminary Damage Assessment.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Administrator of the Federal
Emergency Management Agency shall convene an advisory panel
consisting of emergency management personnel employed by State,
local, territorial, or tribal authorities, and the
representative organizations of such personnel to assist the
Agency in improving critical components of the preliminary
damage assessment process.
(2) Membership.--
(A) In general.--This advisory panel shall consist
of at least 2 representatives from national emergency
management organizations and at least 1 representative
from each of the 10 regions of the Federal Emergency
Management Agency, selected from emergency management
personnel
[[Page 136 STAT. 3406]]
employed by State, local, territorial, or tribal
authorities within each region.
(B) Inclusion on panel.--To the furthest extent
practicable, representation on the advisory panel shall
include emergency management personnel from both rural
and urban jurisdictions.
(3) Considerations.--The advisory panel convened under
paragraph (1) shall--
(A) consider--
(i) establishing a training regime to ensure
preliminary damage assessments are conducted and
reviewed under consistent guidelines;
(ii) utilizing a common technological platform
to integrate data collected by State and local
governments with data collected by the Agency; and
(iii) assessing instruction materials provided
by the Agency for omissions of pertinent
information or language that conflicts with other
statutory requirements; and
(B) identify opportunities for streamlining the
consideration of preliminary damage assessments by the
Agency, including eliminating duplicative paperwork
requirements and ensuring consistent communication and
decision making among Agency staff.
(4) Interim report.--Not later than 18 months after the date
of enactment of this Act, the Administrator shall submit to
Congress a report regarding the findings of the advisory panel,
steps that will be undertaken by the Agency to implement the
findings of the advisory panel, and additional legislation that
may be necessary to implement the findings of the advisory
panel.
(5) <<NOTE: Recommenda- tions.>> Rulemaking and final
report.--Not later than 2 years after the date of enactment of
this Act, the Administrator shall issue such regulations as are
necessary to implement the recommendations of the advisory panel
and submit to Congress a report discussing--
(A) the implementation of recommendations from the
advisory panel;
(B) the identification of any additional challenges
to the preliminary damage assessment process, including
whether specific disasters result in longer preliminary
damage assessments; and
(C) any additional legislative recommendations
necessary to improve the preliminary damage assessment
process.
SEC. 5604. <<NOTE: 49 USC 44701 note.>> LETTER OF DEVIATION
AUTHORITY.
A flight instructor, registered owner, lessor, or lessee of an
aircraft shall not be required to obtain a letter of deviation authority
from the Administrator of the Federal Aviation Administration to allow,
conduct or receive flight training, checking, and testing in an
experimental aircraft if--
(1) the flight instructor is not providing both the training
and the aircraft;
(2) no person advertises or broadly offers the aircraft as
available for flight training, checking, or testing; and
[[Page 136 STAT. 3407]]
(3) no person receives compensation for use of the aircraft
for a specific flight during which flight training, checking, or
testing was received, other than expenses for owning, operating,
and maintaining the aircraft.
SEC. 5605. RECOGNIZING FEMA SUPPORT.
Congress finds the following:
(1) The Federal Emergency Management Agency provides vital
support to communities and disaster survivors in the aftermath
of major disasters, including housing assistance for individuals
and families displaced from their homes.
(2) The Federal Emergency Management Agency should be
encouraged to study the idea integrating collapsible shelters
for appropriate non-congregate sheltering needs into the
disaster preparedness stockpile.
TITLE LVII--FINANCIAL SERVICES MATTERS
TITLE LVII--FINANCIAL SERVICES MATTERS
Sec. 5701. United States policy on World Bank Group and Asian
Development Bank assistance to the People's Republic of
China.
Sec. 5702. Support for international initiatives to provide debt
restructuring or relief to developing countries with
unsustainable levels of debt.
Sec. 5703. Ukraine debt payment relief.
Sec. 5704. Isolate Russian Government Officials Act of 2022.
Sec. 5705. Fair hiring in banking.
Sec. 5706. Banking Transparency for Sanctioned Persons Act of 2022.
Sec. 5707. Flexibility in addressing rural homelessness.
Sec. 5708. Master account and services database.
SEC. 5701. UNITED STATES POLICY ON WORLD BANK GROUP AND ASIAN
DEVELOPMENT BANK ASSISTANCE TO THE
PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--Title XVI of the International Financial
Institutions Act (22 U.S.C. 262p et seq.) is amended by adding at the
end the following:
``SEC. 1632. <<NOTE: 22 USC 262p-16.>> UNITED STATES POLICY ON
WORLD BANK GROUP AND ASIAN DEVELOPMENT
BANK ASSISTANCE TO THE PEOPLE'S REPUBLIC
OF CHINA.
``(a) <<NOTE: Certification.>> In General.--The Secretary of the
Treasury shall instruct the United States Executive Director at each
international financial institution of the World Bank Group and at the
Asian Development Bank to use the voice and vote of the United States at
the respective institution to vote against the provision of any loan,
extension of financial assistance, or technical assistance to the
People's Republic of China unless the Secretary of the Treasury has
certified to the appropriate congressional committees that--
``(1) the Government of the People's Republic of China and
any lender owned or controlled by the Government of the People's
Republic of China have demonstrated a commitment--
``(A) to the rules and principles of the Paris Club,
or of other similar coordinated multilateral initiatives
on debt relief and debt restructuring in which the
United States participates, including with respect to
debt transparency and appropriate burden-sharing among
all creditors;
[[Page 136 STAT. 3408]]
``(B) to the practice of presumptive public
disclosure of the terms and conditions on which they
extend credit to other governments (without regard to
the form of any such extension of credit);
``(C) not to enforce any agreement terms that may
impair their own or the borrowers' capacity fully to
implement any commitment described in subparagraph (A)
or (B); and
``(D) not to enter into any agreement containing
terms that may impair their own or the borrowers'
capacity fully to implement any commitment described in
subparagraph (A) or (B); or
``(2) the loan or assistance is important to the national
interest of the United States, as described in a detailed
explanation by the Secretary to accompany the certification.
``(b) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee on
Financial Services of the House of Representatives and the
Committee on Foreign Relations of the Senate.
``(2) World bank group.--The term `World Bank Group' means
the International Bank for Reconstruction and Development, the
International Development Association, the International Finance
Corporation, and the Multilateral Investment Guarantee
Agency.''.
(b) <<NOTE: 22 USC 262p-16 and note.>> Sunset.--The amendment made
by subsection (a) is repealed effective on the date that is 7 years
after the effective date of this section.
SEC. 5702. SUPPORT FOR INTERNATIONAL INITIATIVES TO PROVIDE DEBT
RESTRUCTURING OR RELIEF TO DEVELOPING
COUNTRIES WITH UNSUSTAINABLE LEVELS OF
DEBT.
(a) In General.--Title XVI of the International Financial
Institutions Act (22 U.S.C. 262p et seq.), as amended by section 5701,
is further amended by adding at the end the following:
``SEC. 1633. <<NOTE: 22 USC 262p-17.>> SUPPORT FOR INTERNATIONAL
INITIATIVES TO PROVIDE DEBT
RESTRUCTURING OR RELIEF TO DEVELOPING
COUNTRIES WITH UNSUSTAINABLE LEVELS OF
DEBT.
``(a) Debt Relief.--The Secretary of the Treasury, in consultation
with the Secretary of State, shall--
``(1) engage with international financial institutions, the
G20, and official and commercial creditors to advance support
for prompt and effective implementation and improvement of the
Common Framework for Debt Treatments beyond the DSSI (in this
section referred to as the `Common Framework'), or any successor
framework or similar coordinated international debt treatment
process in which the United States participates through the
establishment and publication of clear and accountable--
``(A) debt treatment benchmarks designed to achieve
debt sustainability for each participating debtor;
``(B) standards for appropriate burden-sharing among
all creditors with material claims on each participating
debtor, without regard for their official, private, or
hybrid status;
``(C) robust debt disclosure by creditors, including
the People's Republic of China, and debtor countries,
including
[[Page 136 STAT. 3409]]
inter-creditor data-sharing and, to the maximum extent
practicable, public disclosure of material terms and
conditions of claims on participating debtors;
``(D) expansion of Common Framework country
eligibility to lower middle-income countries who
otherwise meet the existing criteria;
``(E) improvements to the Common Framework process
with the aim of ensuring access to debt relief in a
timely manner for those countries eligible and who
request treatment; and
``(F) consistent enforcement and improvement of the
policies of multilateral institutions relating to asset-
based and revenue-based borrowing by participating
debtors, and coordinated standards on restructuring
collateralized debt;
``(2) engage with international financial institutions and
official and commercial creditors to advance support, as the
Secretary finds appropriate, for debt restructuring or debt
relief for each participating debtor, including, on a case-by-
case basis, a debt standstill, if requested by the debtor
country through the Common Framework process from the time of
conclusion of a staff-level agreement with the International
Monetary Fund, and until the conclusion of a memorandum of
understanding with its creditor committee pursuant to the Common
Framework, or any successor framework or similar coordinated
international debt treatment process in which the United States
participates; and
``(3) instruct the United States Executive Director at the
International Monetary Fund and the United States Executive
Director at the World Bank to use the voice and vote of the
United States to advance the efforts described in paragraphs (1)
and (2).
``(b) Reporting Requirement.--Not later than 120 days after the date
of the enactment of this section, and annually thereafter, the Secretary
of the Treasury, in coordination with the Secretary of State, shall
submit to the Committees on Banking, Housing, and Urban Affairs and
Foreign Relations of the Senate and the Committees on Financial Services
and Foreign Affairs of the House of Representatives a report that
describes--
``(1) any actions that have been taken, in coordination with
international financial institutions, by official creditors,
including the government of, and state-owned enterprises in, the
People's Republic of China, and relevant commercial creditor
groups to advance debt restructuring or relief for countries
with unsustainable debt that have sought restructuring or relief
under the Common Framework, any successor framework or
mechanism, or under any other coordinated international
arrangement for sovereign debt restructuring in which the United
States participates;
``(2) any implementation challenges that hinder the ability
of the Common Framework to provide timely debt restructuring for
any country with unsustainable debt that seeks debt
restructuring or debt payment relief, including any refusal of a
creditor to participate in appropriate burden-sharing, including
failure to share (or publish, as appropriate) all material
information needed to assess debt sustainability; and
``(3) recommendations on how to address any challenges
identified in paragraph (2).''.
[[Page 136 STAT. 3410]]
(b) <<NOTE: 22 USC 262p-17 and note.>> Sunset.--The amendment made
by subsection (a) is repealed effective on the date that is 5 years
after the effective date of this section.
SEC. 5703. <<NOTE: President. 22 USC 262p-12a.>> UKRAINE DEBT
PAYMENT RELIEF.
(a) Suspension of Multilateral Debt Payments of Ukraine.--
(1) United states position in the international financial
institutions.--The Secretary of the Treasury shall instruct the
United States Executive Director at each international financial
institution (as defined in section 1701(c)(2) of the
International Financial Institutions Act) to use the voice,
vote, and influence of the United States to advocate that the
respective institution immediately provide appropriate debt
service relief to Ukraine.
(2) Official bilateral and commercial debt service payment
relief.--The Secretary of the Treasury, working in coordination
with the Secretary of State, shall commence immediate efforts
with other governments and commercial creditor groups, through
the Paris Club of Official Creditors and other bilateral and
multilateral frameworks, both formal and informal, to pursue
comprehensive debt payment relief for Ukraine.
(3) Multilateral financial support for ukraine.--The
Secretary of the Treasury shall direct the United States
Executive Director at each international financial institution
(as defined in section 1701(c)(2) of the International Financial
Institutions Act) to use the voice and vote of the United States
to support, to the extent practicable, the provision of
concessional financial assistance for Ukraine.
(4) Multilateral financial support for refugees.--The
Secretary of the Treasury shall direct the United States
Executive Director at each international financial institution
(as defined in section 1701(c)(2) of the International Financial
Institutions Act) to use the voice and vote of the United States
to seek to provide economic support for refugees from Ukraine,
including refugees of African and Asian descent, and for
countries receiving refugees from Ukraine that are eligible for
assistance from the multilateral development banks.
(b) Report to the Congress.--Not later than December 31 of each
year, the President shall--
(1) submit to the Committees on Financial Services, on
Appropriations, and on Foreign Affairs of the House of
Representatives and the Committees on Foreign Relations and on
Appropriations of the Senate, a report on the activities
undertaken under this section; and
(2) <<NOTE: Public information.>> make public a copy of the
report.
(c) Waiver and Termination.--
(1) <<NOTE: Determination.>> Waiver.--The President may
waive the application of this section if the President
determines that a waiver is in the national interest of the
United States and reports to the Congress an explanation of the
reasons therefor.
(2) Termination.--This section shall have no force or effect
on the earlier of--
(A) the date that is 7 years after the date of the
enactment of this Act; or
[[Page 136 STAT. 3411]]
(B) the date that is 30 days after the date on which
the President reports to Congress that the Government of
the Russian Federation has ceased its destabilizing
activities with respect to the sovereignty and
territorial integrity of Ukraine.
SEC. 5704. <<NOTE: 22 USC 9522 note.>> ISOLATE RUSSIAN GOVERNMENT
OFFICIALS ACT OF 2022.
(a) Statement of Policy.--It is the policy of the United States to
seek to exclude government officials of the Russian Federation, to the
maximum extent practicable, from participation in meetings, proceedings,
and other activities of the following organizations:
(1) Group of 20.
(2) Bank for International Settlements.
(3) Basel Committee for Banking Standards.
(4) Financial Stability Board.
(5) International Association of Insurance Supervisors.
(6) International Organization of Securities Commissions.
(b) Implementation.--The Secretary of the Treasury, the Board of
Governors of the Federal Reserve System, and the Securities and Exchange
Commission, as the case may be, shall take all necessary steps to
advance the policy set forth in subsection (a).
(c) Termination.--This section shall have no force or effect on the
earlier of--
(1) the date that is 5 years after the date of the enactment
of this Act; or
(2) the date that is 30 days after the date on which the
President reports to Congress that the Government of the Russian
Federation has ceased its destabilizing activities with respect
to the sovereignty and territorial integrity of Ukraine.
(d) <<NOTE: President.>> Waiver.--The President may waive the
application of this section if the President reports to the Congress
that the waiver is in the national interest of the United States and
includes an explanation of the reasons therefor.
SEC. 5705. FAIR HIRING IN BANKING.
(a) Federal Deposit Insurance Act.--Section 19 of the Federal
Deposit Insurance Act (12 U.S.C. 1829) is amended--
(1) by inserting after subsection (b) the following:
``(c) Exceptions.--
``(1) <<NOTE: Time periods.>> Certain older offenses.--
``(A) In general.--With respect to an individual,
subsection (a) shall not apply to an offense if--
``(i) it has been 7 years or more since the
offense occurred; or
``(ii) the individual was incarcerated with
respect to the offense and it has been 5 years or
more since the individual was released from
incarceration.
``(B) Offenses committed by individuals 21 or
younger.--For individuals who committed an offense when
they were 21 years of age or younger, subsection (a)
shall not apply to the offense if it has been more than
30 months since the sentencing occurred.
``(C) Limitation.--This paragraph shall not apply to
an offense described under subsection (a)(2).
``(2) Expungement and sealing.--With respect to an
individual, subsection (a) shall not apply to an offense if--
[[Page 136 STAT. 3412]]
``(A) there is an order of expungement, sealing, or
dismissal that has been issued in regard to the
conviction in connection with such offense; and
``(B) it is intended by the language in the order
itself, or in the legislative provisions under which the
order was issued, that the conviction shall be destroyed
or sealed from the individual's State, Tribal, or
Federal record, even if exceptions allow the record to
be considered for certain character and fitness
evaluation purposes.
``(3) De minimis exemption.--
``(A) <<NOTE: Determination. Regulation.>> In
general.--Subsection (a) shall not apply to such de
minimis offenses as the Corporation determines, by rule.
``(B) <<NOTE: Requirement.>> Confinement
criteria.--In issuing rules under subparagraph (A), the
Corporation shall include a requirement that the offense
was punishable by a term of three years or less confined
in a correctional facility, where such confinement--
``(i) is calculated based on the time an
individual spent incarcerated as a punishment or a
sanction, not as pretrial detention; and
``(ii) does not include probation or parole
where an individual was restricted to a particular
jurisdiction or was required to report
occasionally to an individual or a specific
location.
``(C) <<NOTE: Requirement.>> Bad check criteria.--
In setting the criteria for de minimis offenses under
subparagraph (A), if the Corporation establishes
criteria with respect to insufficient funds checks, the
Corporation shall require that the aggregate total face
value of all insufficient funds checks across all
convictions or program entries related to insufficient
funds checks is $2,000 or less.
``(D) <<NOTE: Time period.>> Designated lesser
offenses.--Subsection (a) shall not apply to certain
lesser offenses (including the use of a fake ID,
shoplifting, trespass, fare evasion, driving with an
expired license or tag, and such other low-risk offenses
as the Corporation may designate) if 1 year or more has
passed since the applicable conviction or program
entry.''; and
(2) by adding at the end the following:
``(f) Consent Applications.--
``(1) In general.--The Corporation shall accept consent
applications from an individual and from an insured depository
institution or depository institution holding company on behalf
of an individual that are filed separately or contemporaneously
with a regional office of the Corporation.
``(2) Sponsored applications filed with regional offices.--
Consent applications filed at a regional office of the
Corporation by an insured depository institution or depository
institution holding company on behalf of an individual--
``(A) <<NOTE: Review.>> shall be reviewed by such
office;
``(B) may be approved or denied by such office, if
such authority has been delegated to such office by the
Corporation; and
``(C) may only be denied by such office if the
general counsel of the Corporation (or a designee)
certifies that the denial is consistent with this
section.
[[Page 136 STAT. 3413]]
``(3) Individual applications filed with regional offices.--
Consent applications filed at a regional office by an
individual--
``(A) <<NOTE: Review.>> shall be reviewed by such
office; and
``(B) may be approved or denied by such office, if
such authority has been delegated to such office by the
Corporation, except with respect to--
``(i) cases involving an offense described
under subsection (a)(2); and
``(ii) such other high-level security cases as
may be designated by the Corporation.
``(4) National office review.--The national office of the
Corporation shall--
``(A) review any consent application with respect to
which a regional office is not authorized to approve or
deny the application; and
``(B) review any consent application that is denied
by a regional office, if the individual requests a
review by the national office.
``(5) <<NOTE: Public information.>> Forms and
instructions.--
``(A) Availability.--The Corporation shall make all
forms and instructions related to consent applications
available to the public, including on the website of the
Corporation.
``(B) <<NOTE: List. Guidance.>> Contents.--The
forms and instructions described under subparagraph (A)
shall provide a sample cover letter and a comprehensive
list of items that may accompany the application,
including clear guidance on evidence that may support a
finding of rehabilitation.
``(6) <<NOTE: Records.>> Consideration of criminal
history.--
``(A) Regional office consideration.--In reviewing a
consent application, a regional office shall--
``(i) primarily rely on the criminal history
record of the Federal Bureau of Investigation; and
``(ii) provide such record to the applicant to
review for accuracy.
``(B) <<NOTE: Determination.>> Certified copies.--
The Corporation may not require an applicant to provide
certified copies of criminal history records unless the
Corporation determines that there is a clear and
compelling justification to require additional
information to verify the accuracy of the criminal
history record of the Federal Bureau of Investigation.
``(7) Consideration of rehabilitation.--Consistent with
title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et
seq.), the Corporation shall--
``(A) <<NOTE: Assessment.>> conduct an
individualized assessment when evaluating consent
applications that takes into account evidence of
rehabilitation, the applicant's age at the time of the
conviction or program entry, the time that has elapsed
since conviction or program entry, and the relationship
of individual's offense to the responsibilities of the
applicable position;
``(B) consider the individual's employment history,
letters of recommendation, certificates documenting
participation in substance abuse programs, successful
participating in job preparation and educational
programs, and other relevant mitigating evidence; and
[[Page 136 STAT. 3414]]
``(C) consider any additional information the
Corporation determines necessary for safety and
soundness.
``(8) <<NOTE: Determinations. Requirement.>> Scope of
employment.--With respect to an approved consent application
filed by an insured depository institution or depository
institution holding company on behalf of an individual, if the
Corporation determines it appropriate, such approved consent
application shall allow the individual to work for the same
employer (without restrictions on the location) and across
positions, except that the prior consent of the Corporation
(which may require a new application) shall be required for any
proposed significant changes in the individual's security-
related duties or responsibilities, such as promotion to an
officer or other positions that the employer determines will
require higher security screening credentials.
``(9) <<NOTE: Consultation.>> Coordination with the ncua.--
In carrying out this section, the Corporation shall consult and
coordinate with the National Credit Union Administration as
needed to promote consistent implementation where appropriate.
``(g) Definitions.--In this section:
``(1) Consent application.--The term `consent application'
means an application filed with Corporation by an individual (or
by an insured depository institution or depository institution
holding company on behalf of an individual) seeking the written
consent of the Corporation under subsection (a)(1).
``(2) Criminal offense involving dishonesty.--The term
`criminal offense involving dishonesty'--
``(A) means an offense under which an individual,
directly or indirectly--
``(i) cheats or defrauds; or
``(ii) wrongfully takes property belonging to
another in violation of a criminal statute;
``(B) includes an offense that Federal, State, or
local law defines as dishonest, or for which dishonesty
is an element of the offense; and
``(C) does not include--
``(i) a misdemeanor criminal offense committed
more than one year before the date on which an
individual files a consent application, excluding
any period of incarceration; or
``(ii) an offense involving the possession of
controlled substances.
``(3) Pretrial diversion or similar program.--The term
`pretrial diversion or similar program' means a program
characterized by a suspension or eventual dismissal or reversal
of charges or criminal prosecution upon agreement by the accused
to restitution, drug or alcohol rehabilitation, anger
management, or community service.''.
(b) Federal Credit Union Act.--Section 205(d) of the Federal Credit
Union Act (12 U.S.C. 1785(d)) is amended by adding at the end the
following:
``(4) Exceptions.--
``(A) <<NOTE: Time period.>> Certain older
offenses.--
``(i) In general.--With respect to an
individual, paragraph (1) shall not apply to an
offense if--
``(I) it has been 7 years or more
since the offense occurred; or
[[Page 136 STAT. 3415]]
``(II) the individual was
incarcerated with respect to the offense
and it has been 5 years or more since
the individual was released from
incarceration.
``(ii) Offenses committed by individuals 21 or
younger.--For individuals who committed an offense
when they were 21 years of age or younger,
paragraph (1) shall not apply to the offense if it
has been more than 30 months since the sentencing
occurred.
``(iii) Limitation.--This subparagraph shall
not apply to an offense described under paragraph
(1)(B).
``(B) Expungement and sealing.--With respect to an
individual, paragraph (1) shall not apply to an offense
if--
``(i) there is an order of expungement,
sealing, or dismissal that has been issued in
regard to the conviction in connection with such
offense; and
``(ii) it is intended by the language in the
order itself, or in the legislative provisions
under which the order was issued, that the
conviction shall be destroyed or sealed from the
individual's State, Tribal, or Federal record,
even if exceptions allow the record to be
considered for certain character and fitness
evaluation purposes.
``(C) De minimis exemption.--
``(i) <<NOTE: Determination. Regulations.>>
In general.--Paragraph (1) shall not apply to such
de minimis offenses as the Board determines, by
rule.
``(ii) <<NOTE: Requirement.>> Confinement
criteria.--In issuing rules under clause (i), the
Board shall include a requirement that the offense
was punishable by a term of three years or less
confined in a correctional facility, where such
confinement--
``(I) is calculated based on the
time an individual spent incarcerated as
a punishment or a sanction, not as
pretrial detention; and
``(II) does not include probation or
parole where an individual was
restricted to a particular jurisdiction
or was required to report occasionally
to an individual or a specific location.
``(iii) <<NOTE: Requirement.>> Bad check
criteria.--In setting the criteria for de minimis
offenses under clause (i), if the Board
establishes criteria with respect to insufficient
funds checks, the Board shall require that the
aggregate total face value of all insufficient
funds checks across all convictions or program
entries related to insufficient funds checks is
$2,000 or less.
``(iv) <<NOTE: Time period.>> Designated
lesser offenses.--Paragraph (1) shall not apply to
certain lesser offenses (including the use of a
fake ID, shoplifting, trespass, fare evasion,
driving with an expired license or tag, and such
other low-risk offenses as the Board may
designate) if 1 year or more has passed since the
applicable conviction or program entry.
``(5) Consent applications.--
``(A) In general.--The Board shall accept consent
applications from an individual and from an insured
credit
[[Page 136 STAT. 3416]]
union on behalf of an individual that are filed
separately or contemporaneously with a regional office
of the Board.
``(B) Sponsored applications filed with regional
offices.--Consent applications filed at a regional
office of the Board by an insured credit union on behalf
of an individual--
``(i) <<NOTE: Review.>> shall be reviewed by
such office;
``(ii) may be approved or denied by such
office, if such authority has been delegated to
such office by the Board; and
``(iii) <<NOTE: Certification.>> may only be
denied by such office if the general counsel of
the Board (or a designee) certifies that the
denial is consistent with this section.
``(C) Individual applications filed with regional
offices.--Consent applications filed at a regional
office by an individual--
``(i) <<NOTE: Review.>> shall be reviewed by
such office; and
``(ii) may be approved or denied by such
office, if such authority has been delegated to
such office by the Board, except with respect to--
``(I) cases involving an offense
described under paragraph (1)(B); and
``(II) such other high-level
security cases as may be designated by
the Board.
``(D) National office review.--The national office
of the Board shall--
``(i) review any consent application with
respect to which a regional office is not
authorized to approve or deny the application; and
``(ii) review any consent application that is
denied by a regional office, if the individual
requests a review by the national office.
``(E) <<NOTE: Public information. Web posting.>>
Forms and instructions.--
``(i) Availability.--The Board shall make all
forms and instructions related to consent
applications available to the public, including on
the website of the Board.
``(ii) <<NOTE: List. Guidance.>> Contents.--
The forms and instructions described under clause
(i) shall provide a sample cover letter and a
comprehensive list of items that may accompany the
application, including clear guidance on evidence
that may support a finding of rehabilitation.
``(F) <<NOTE: Records.>> Consideration of criminal
history.--
``(i) Regional office consideration.--In
reviewing a consent application, a regional office
shall--
``(I) primarily rely on the criminal
history record of the Federal Bureau of
Investigation; and
``(II) provide such record to the
applicant to review for accuracy.
``(ii) <<NOTE: Determination.>> Certified
copies.--The Board may not require an applicant to
provide certified copies of criminal history
records unless the Board determines that there is
a clear and compelling justification to require
additional information to verify the accuracy
[[Page 136 STAT. 3417]]
of the criminal history record of the Federal
Bureau of Investigation.
``(G) Consideration of rehabilitation.--Consistent
with title VII of the Civil Rights Act of 1964 (42
U.S.C. 2000e et seq.), the Board shall--
``(i) <<NOTE: Assessment.>> conduct an
individualized assessment when evaluating consent
applications that takes into account evidence of
rehabilitation, the applicant's age at the time of
the conviction or program entry, the time that has
elapsed since conviction or program entry, and the
relationship of individual's offense to the
responsibilities of the applicable position;
``(ii) consider the individual's employment
history, letters of recommendation, certificates
documenting participation in substance abuse
programs, successful participating in job
preparation and educational programs, and other
relevant mitigating evidence; and
``(iii) <<NOTE: Determination.>> consider any
additional information the Board determines
necessary for safety and soundness.
``(H) Scope of employment.--With respect to an
approved consent application filed by an insured credit
union on behalf of an individual, if the Board
determines it appropriate, such approved consent
application shall allow the individual to work for the
same employer (without restrictions on the location) and
across positions, except that the prior consent of the
Board (which may require a new application) shall be
required for any proposed significant changes in the
individual's security-related duties or
responsibilities, such as promotion to an officer or
other positions that the employer determines will
require higher security screening credentials.
``(I) <<NOTE: Consultation.>> Coordination with
fdic.--In carrying out this subsection, the Board shall
consult and coordinate with the Federal Deposit
Insurance Corporation as needed to promote consistent
implementation where appropriate.
``(6) Definitions.--In this subsection:
``(A) Consent application.--The term `consent
application' means an application filed with Board by an
individual (or by an insured credit union on behalf of
an individual) seeking the written consent of the Board
under paragraph (1)(A).
``(B) Criminal offense involving dishonesty.--The
term `criminal offense involving dishonesty'--
``(i) means an offense under which an
individual, directly or indirectly--
``(I) cheats or defrauds; or
``(II) wrongfully takes property
belonging to another in violation of a
criminal statute;
``(ii) includes an offense that Federal,
State, or local law defines as dishonest, or for
which dishonesty is an element of the offense; and
``(iii) does not include--
``(I) a misdemeanor criminal offense
committed more than one year before the
date on which an individual files a
consent application, excluding any
period of incarceration; or
[[Page 136 STAT. 3418]]
``(II) an offense involving the
possession of controlled substances.
``(C) Pretrial diversion or similar program.--The
term `pretrial diversion or similar program' means a
program characterized by a suspension or eventual
dismissal or reversal of charges or criminal prosecution
upon agreement by the accused to restitution, drug or
alcohol rehabilitation, anger management, or community
service.''.
(c) Review and Report to Congress.--Not later than the end of the 2-
year period beginning on the date of enactment of this Act, the Federal
Deposit Insurance Corporation and the National Credit Union
Administration shall--
(1) review the rules issued to carry out this Act and the
amendments made by this Act on--
(A) the application of section 19 of the Federal
Deposit Insurance Act (12 U.S.C. 1829) and section
205(d) of the Federal Credit Union Act (12 U.S.C.
1785(d));
(B) the number of applications for consent
applications under such sections; and
(C) the rates of approval and denial for consent
applications under such sections;
(2) make the results of the review required under paragraph
(1) available to the public; and
(3) <<NOTE: Recommenda- tions.>> issue a report to Congress
containing any legislative or regulatory recommendations for
expanding employment opportunities for those with a previous
minor criminal offense.
SEC. 5706. <<NOTE: 50 USC 1701 note.>> BANKING TRANSPARENCY FOR
SANCTIONED PERSONS ACT OF 2022.
(a) <<NOTE: List. Time period.>> In General.--Not later than 1 year
after the date of the enactment of this Act, and annually thereafter,
the Secretary of the Treasury shall issue a report to the Committees on
Financial Services and Foreign Affairs of the House of Representatives
and the Committees on Banking, Housing, and Urban Affairs and Foreign
Relations of the Senate that includes a list of specific licenses issued
by the Secretary in the preceding 365 days that authorizes a U.S.
financial institution (as defined under section 561.309 of title 31,
Code of Federal Regulations) to provide financial services to any of the
following:
(1) The government of a state sponsor of terrorism.
(2) A person sanctioned pursuant to any of the following:
(A) Section 404 of the Russia and Moldova Jackson-
Vanik Repeal and Sergei Magnitsky Rule of Law
Accountability Act of 2012 (Public Law 112-208).
(B) Subtitle F of title XII of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-
328, the Global Magnitsky Human Rights Accountability
Act).
(C) Executive Order No. 13818.
(b) <<NOTE: Records.>> Submission of Copies of Licenses on
Request.--The Secretary of the Treasury shall expeditiously provide a
copy of any license identified in a report required by subsection (a) to
the Committee on Financial Services of the House of Representatives and
the Committee on Banking, Housing, and Urban Affairs of the Senate if an
appropriate Member of Congress requests a copy of that license not later
than 60 days after submission of the report.
[[Page 136 STAT. 3419]]
(c) Business Confidential Information.--
(1) In general.--The Secretary of the Treasury shall, in the
report under subsection (a) and any submissions under subsection
(b), identify any proprietary information submitted by any
private sector representative and mark such information as
``business confidential information''.
(2) Treatment as trade secrets.--Business confidential
information described under paragraph (1) shall be considered to
be a matter falling within the meaning of trade secrets and
commercial or financial information exemption under section
552(b)(4) of title 5, United States Code, and shall be exempt
from disclosure under such section 552 of such title without the
express approval of the private party.
(d) Authorization of Appropriations.--For the purpose of carrying
out the activities authorized under this section, there is authorized to
be appropriated to the Secretary of the Treasury $1,000,000.
(e) Sunset.--The section shall cease to have any force or effect
after the end of the 5-year period beginning on the date of enactment of
this Act.
(f) Form of Report and Submissions.--A report or submission required
under this section shall be submitted in unclassified form but may
contain a classified annex.
(g) Appropriate Member of Congress Defined.--In this section, the
term ``appropriate Member of Congress'' has the meaning given that term
under section 7132(d) of the National Defense Authorization Act for
Fiscal Year 2020.
SEC. 5707. FLEXIBILITY IN ADDRESSING RURAL HOMELESSNESS.
Subsection (a) of section 423 of subtitle C of title IV of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11383(a)) is amended
by adding at the end the following:
``(13) Projects in rural areas that consist of one or more
of the following activities:
``(A) Payment of short-term emergency lodging,
including in motels or shelters, directly or through
vouchers.
``(B) Repairs to units--
``(i) in which homeless individuals and
families will be housed; or
``(ii) which are currently not fit for human
habitation.
``(C) Staff training, professional development,
skill development, and staff retention activities.''.
SEC. 5708. MASTER ACCOUNT AND SERVICES DATABASE.
The Federal Reserve Act is amended by inserting after section 11B
(12 U.S.C. 248b et seq.) the following:
``SEC. 11C. <<NOTE: 12 USC 248c.>> MASTER ACCOUNT AND SERVICES
DATABASE.
``(a) Definitions.--In this section:
``(1) Access request.--The term `access request' means a
request to a Federal reserve bank for access to a reserve bank
master account and services, including any written documentation
or formal indication that an entity intends to seek access to a
reserve bank master account and services.
``(2) Official accountholder.--The term `official
accountholder' means--
[[Page 136 STAT. 3420]]
``(A) a foreign state, as defined in section 25B;
``(B) a central bank, as defined in section 25B,
other than a commercial bank;
``(C) a public international organization entitled
to enjoy privileges, exemptions, and immunities as an
international organization under the International
Organizations Immunities Act (22 U.S.C. 288 et seq.);
and
``(D) any governmental entity for which the
Secretary of the Treasury has directed a Federal reserve
bank to receive deposits as fiscal agent of the United
States under section 15.
``(3) Reserve bank master account and services.--The term
`reserve bank master account and services' means an account in
which a Federal reserve bank--
``(A) receives deposits for an entity other than an
official accountholder; or
``(B) provides any service under section 11A(b) to
an entity other than an official accountholder.
``(b) Publishing Master Account and Access Information.--
``(1) <<NOTE: Public information. Lists.>> Online
database.--The Board shall create and maintain a public, online,
and searchable database that contains--
``(A) a list of every entity that currently has
access to a reserve bank master account and services,
including the date on which the access was granted to
the extent the date is knowable;
``(B) a list of every entity that submits an access
request for a reserve bank master account and services
after enactment of this section (or that has submitted
an access request that is pending on the date of
enactment of this section), including whether, and the
dates on which, a request--
``(i) was submitted; and
``(ii) was approved, rejected, pending, or
withdrawn; and
``(C) for each list described in subparagraph (A) or
(B), the type of entity that holds or submitted an
access request for a reserve bank master account and
services, including whether such entity is--
``(i) an insured depository institution, as
defined in section 3 of the Federal Deposit
Insurance Act (12 U.S.C. 1813);
``(ii) an insured credit union, as defined in
section 101 of the Federal Credit Union Act (12
U.S.C. 1752); or
``(iii) a depository institution that is not
an insured depository institution or an insured
credit union.
``(2) Updates.--Not less frequently than once every quarter,
the Board shall update the database to add any new information
required under paragraph (1).
``(3) Deadline.--Not later than 180 days after the date of
enactment of this section, the Board shall publish the database
with the information required under paragraph (1).''.
[[Page 136 STAT. 3421]]
TITLE LVIII <<NOTE: Financial Data Transparency Act of 2022.>> --
FINANCIAL DATA TRANSPARENCY
Sec. 5801. Short title.
Subtitle A--Data Standards for Covered Agencies; Department of the
Treasury Rulemaking
Sec. 5811. Data standards.
Sec. 5812. Open data publication by the Department of the Treasury.
Sec. 5813. No new disclosure requirements.
Subtitle B--Securities and Exchange Commission
Sec. 5821. Data standards requirements for the Securities and Exchange
Commission.
Sec. 5822. Open data publication by the Securities and Exchange
Commission.
Sec. 5823. Data transparency relating to municipal securities.
Sec. 5824. Data transparency at national securities associations.
Sec. 5825. Shorter-term burden reduction and disclosure simplification
at the Securities and Exchange Commission; sunset.
Sec. 5826. No new disclosure requirements.
Subtitle C--Federal Deposit Insurance Corporation
Sec. 5831. Data standards requirements for the Federal Deposit Insurance
Corporation.
Sec. 5832. Open data publication by the Federal Deposit Insurance
Corporation.
Sec. 5833. Rulemaking.
Sec. 5834. No new disclosure requirements.
Subtitle D--Office of the Comptroller of the Currency
Sec. 5841. Data standards and open data publication requirements for the
Office of the Comptroller of the Currency.
Sec. 5842. Rulemaking.
Sec. 5843. No new disclosure requirements.
Subtitle E--Bureau of Consumer Financial Protection
Sec. 5851. Data standards and open data publication requirements for the
Bureau of Consumer Financial Protection.
Sec. 5852. Rulemaking.
Sec. 5853. No new disclosure requirements.
Subtitle F--Federal Reserve System
Sec. 5861. Data standards requirements for the Board of Governors of the
Federal Reserve System.
Sec. 5862. Open data publication by the Board of Governors of the
Federal Reserve System.
Sec. 5863. Rulemaking.
Sec. 5864. No new disclosure requirements.
Subtitle G--National Credit Union Administration
Sec. 5871. Data standards.
Sec. 5872. Open data publication by the National Credit Union
Administration.
Sec. 5873. Rulemaking.
Sec. 5874. No new disclosure requirements.
Subtitle H--Federal Housing Finance Agency
Sec. 5881. Data standards requirements for the Federal Housing Finance
Agency.
Sec. 5882. Open data publication by the Federal Housing Finance Agency.
Sec. 5883. Rulemaking.
Sec. 5884. No new disclosure requirements.
Subtitle I--Miscellaneous
Sec. 5891. Rules of construction.
Sec. 5892. Classified and protected information.
Sec. 5893. Report.
SEC. 5801. <<NOTE: 15 USC 78 note.>> SHORT TITLE.
This title may be cited as the ``Financial Data Transparency Act of
2022''.
[[Page 136 STAT. 3422]]
Subtitle A--Data Standards for Covered Agencies; Department of the
Treasury Rulemaking
SEC. 5811. DATA STANDARDS.
(a) In General.--Subtitle A of the Financial Stability Act of 2010
(12 U.S.C. 5321 et seq.) is amended by adding at the end the following:
``SEC. 124. <<NOTE: 12 USC 5334.>> DATA STANDARDS.
``(a) Definitions.--In this section--
``(1) the term `covered agencies' means--
``(A) the Department of the Treasury;
``(B) the Board of Governors;
``(C) the Office of the Comptroller of the Currency;
``(D) the Bureau;
``(E) the Commission;
``(F) the Corporation;
``(G) the Federal Housing Finance Agency;
``(H) the National Credit Union Administration
Board; and
``(I) any other primary financial regulatory agency
designated by the Secretary;
``(2) the terms `data asset', `machine-readable',
`metadata', and `open license' have the meanings given the terms
in section 3502 of title 44, United States Code; and
``(3) the term `data standard' means a standard that
specifies rules by which data is described and recorded.
``(b) <<NOTE: Deadlines.>> Rules.--
``(1) Proposed rules.--Not later than 18 months after the
date of enactment of this section, the heads of the covered
agencies shall jointly issue proposed rules for public comment
that establish data standards for--
``(A) the collections of information reported to
each covered agency by financial entities under the
jurisdiction of the covered agency; and
``(B) the data collected from covered agencies on
behalf of the Council.
``(2) Final rules.--Not later than 2 years after the date of
enactment of this section, the heads of the covered agencies
shall jointly promulgate final rules that establish the data
standards described in paragraph (1).
``(c) Data Standards.--
``(1) Common identifiers; quality.--The data standards
established in the final rules promulgated under subsection
(b)(2) shall--
``(A) include common identifiers for collections of
information reported to covered agencies or collected on
behalf of the Council, which shall include a common
nonproprietary legal entity identifier that is available
under an open license for all entities required to
report to covered agencies; and
``(B) to the extent practicable--
``(i) render data fully searchable and
machine-readable;
[[Page 136 STAT. 3423]]
``(ii) enable high quality data through
schemas, with accompanying metadata documented in
machine-readable taxonomy or ontology models,
which clearly define the semantic meaning of the
data, as defined by the underlying regulatory
information collection requirements;
``(iii) ensure that a data element or data
asset that exists to satisfy an underlying
regulatory information collection requirement be
consistently identified as such in associated
machine-readable metadata;
``(iv) be nonproprietary or made available
under an open license;
``(v) incorporate standards developed and
maintained by voluntary consensus standards
bodies; and
``(vi) use, be consistent with, and implement
applicable accounting and reporting principles.
``(2) Consultation; interoperability.--In establishing data
standards in the final rules promulgated under subsection
(b)(2), the heads of the covered agencies shall--
``(A) consult with other Federal departments and
agencies and multi-agency initiatives responsible for
Federal data standards; and
``(B) seek to promote interoperability of financial
regulatory data across members of the Council.
``(d) <<NOTE: Deadline.>> Effective Date.--The data standards
established in the final rules promulgated under subsection (b)(2) shall
take effect not later than 2 years after the date on which those final
rules are promulgated under that subsection.''.
(b) Clerical Amendment.--The table of contents under section 1(b) of
the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended
by inserting after the item relating to section 123 the following:
``Sec. 124. Data standards.''.
SEC. 5812. OPEN DATA PUBLICATION BY THE DEPARTMENT OF THE
TREASURY.
(a) In General.--Subtitle A of the Financial Stability Act of 2010
(12 U.S.C. 5321 et seq.), as amended by section 5811(a), is further
amended by adding at the end the following:
``SEC. 125. <<NOTE: 12 USC 5335.>> OPEN DATA PUBLICATION.
``All public data assets published by the Secretary under this
subtitle shall be--
``(1) made available as an open Government data asset (as
defined in section 3502 of title 44, United States Code);
``(2) freely available for download;
``(3) rendered in a human-readable format; and
``(4) accessible via application programming interface where
appropriate.''.
(b) Clerical Amendment.--The table of contents under section 1(b) of
the Dodd-Frank Wall Street Reform and Consumer Protection Act, as
amended by section 5811(b), is further amended by inserting after the
item relating to section 124 the following:
``Sec. 125. Open data publication.''.
(c) <<NOTE: Effective date. Deadline. 12 USC 5335 note.>>
Rulemaking.--
(1) In general.--The Secretary of the Treasury shall issue
rules to carry out the amendments made by this section, which
[[Page 136 STAT. 3424]]
shall take effect not later than 2 years after the date on which
final rules are promulgated under section 124(b)(2) of the
Financial Stability Act of 2010, as added by section 5811(a) of
this title.
(2) Delegation.--Notwithstanding any other provision of law,
the Secretary of the Treasury may delegate the functions
required under the amendments made by this subtitle to an
appropriate office within the Department of the Treasury.
SEC. 5813. <<NOTE: Public information. 12 USC 5334 note.>> NO NEW
DISCLOSURE REQUIREMENTS.
Nothing in this subtitle, or the amendments made by this subtitle,
shall be construed to require the Secretary of the Treasury to collect
or make publicly available additional information under the Financial
Stability Act of 2010 (12 U.S.C. 5311 et seq.), beyond information that
was collected or made publicly available under that Act, as of the day
before the date of enactment of this Act.
Subtitle B--Securities and Exchange Commission
SEC. 5821. DATA STANDARDS REQUIREMENTS FOR THE SECURITIES AND
EXCHANGE COMMISSION.
(a) Data Standards for Investment Advisers' Reports Under the
Investment Advisers Act of 1940.--Section 204 of the Investment Advisers
Act of 1940 (15 U.S.C. 80b-4) is amended--
(1) by redesignating the second subsection (d) (relating to
``Records of Persons With Custody of Use'') as subsection (e);
and
(2) by adding at the end the following:
``(f) Data Standards for Reports Filed Under This Section.--
``(1) <<NOTE: Regulations.>> Requirement.--The Commission
shall, by rule, adopt data standards for all reports filed by
investment advisers with the Commission under this section.
``(2) Consistency.--The data standards required under
paragraph (1) shall incorporate, and ensure compatibility with
(to the extent feasible), all applicable data standards
established in the rules promulgated under section 124 of the
Financial Stability Act of 2010, including, to the extent
practicable, by having the characteristics described in clauses
(i) through (vi) of subsection (c)(1)(B) of such section 124.''.
(b) Data Standards for Registration Statements and Reports Under the
Investment Company Act of 1940.--The Investment Company Act of 1940 (15
U.S.C. 80a-1 et seq.) is amended--
(1) in section 8 (15 U.S.C. 80a-8), by adding at the end the
following:
``(g) Data Standards for Registration Statements.--
``(1) <<NOTE: Regulations.>> Requirement.--The Commission
shall, by rule, adopt data standards for all registration
statements required to be filed with the Commission under this
section, except that the Commission may exempt exhibits,
signatures, and certifications from those data standards.
``(2) Consistency.--The data standards required under
paragraph (1) shall incorporate, and ensure compatibility with
[[Page 136 STAT. 3425]]
(to the extent feasible), all applicable data standards
established in the rules promulgated under section 124 of the
Financial Stability Act of 2010, including, to the extent
practicable, by having the characteristics described in clauses
(i) through (vi) of subsection (c)(1)(B) of such section 124.'';
and
(2) in section 30 (15 U.S.C. 80a-29), by adding at the end
the following:
``(k) Data Standards for Reports.--
``(1) <<NOTE: Regulations.>> Requirement.--The Commission
shall, by rule, adopt data standards for all reports required to
be filed with the Commission under this section, except that the
Commission may exempt exhibits, signatures, and certifications
from those data standards.
``(2) Consistency.--The data standards required under
paragraph (1) shall incorporate, and ensure compatibility with
(to the extent feasible), all applicable data standards
established in the rules promulgated under section 124 of the
Financial Stability Act of 2010, including, to the extent
practicable, by having the characteristics described in clauses
(i) through (vi) of subsection (c)(1)(B) of such section 124.''.
(c) Data Standards for Information Required To Be Submitted or
Published by Nationally Recognized Statistical Rating Organizations.--
Section 15E of the Securities Exchange Act of 1934 (15 U.S.C. 78o-7) is
amended by adding at the end the following:
``(w) Data Standards for Information Required To Be Submitted or
Published Under This Section.--
``(1) <<NOTE: Regulations.>> Requirement.--The Commission
shall, by rule, adopt data standards for all collections of
information required to be submitted or published by a
nationally recognized statistical rating organization under this
section.
``(2) Consistency.--The data standards required under
paragraph (1) shall incorporate, and ensure compatibility with
(to the extent feasible), all applicable data standards
established in the rules promulgated under section 124 of the
Financial Stability Act of 2010, including, to the extent
practicable, by having the characteristics described in clauses
(i) through (vi) of subsection (c)(1)(B) of such section 124.''.
(d) Data Standards for Asset-Backed Securities Disclosures.--Section
7(c) of the Securities Act of 1933 (15 U.S.C. 77g(c)) is amended by
adding at the end the following:
``(3) Data standards for asset-backed securities
disclosures.--
``(A) <<NOTE: Regulations.>> Requirement.--The
Commission shall, by rule, adopt data standards for all
disclosures required under this subsection.
``(B) Consistency.--The data standards required
under subparagraph (A) shall incorporate, and ensure
compatibility with (to the extent feasible), all
applicable data standards established in the rules
promulgated under section 124 of the Financial Stability
Act of 2010, including, to the extent practicable, by
having the characteristics described in clauses (i)
through (vi) of subsection (c)(1)(B) of such section
124.''.
(e) Data Standards for Corporate Disclosures Under the Securities
Act of 1933.--Title I of the Securities Act of 1933
[[Page 136 STAT. 3426]]
(15 U.S.C. 77a et seq.) is amended by adding at the end the following:
``SEC. 29. <<NOTE: 15 USC 77z-4.>> DATA STANDARDS.
``(a) <<NOTE: Regulations.>> Requirement.--The Commission shall, by
rule, adopt data standards for all registration statements, and for all
prospectuses included in registration statements, required to be filed
with the Commission under this title, except that the Commission may
exempt exhibits, signatures, and certifications from those data
standards.
``(b) Consistency.--The data standards required under subsection (a)
shall incorporate, and ensure compatibility with (to the extent
feasible), all applicable data standards established in the rules
promulgated under section 124 of the Financial Stability Act of 2010,
including, to the extent practicable, by having the characteristics
described in clauses (i) through (vi) of subsection (c)(1)(B) of such
section 124.''.
(f) Data Standards for Periodic and Current Corporate Disclosures
Under the Securities Exchange Act of 1934.--Section 13 of the Securities
Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the
following:
``(s) Data Standards.--
``(1) <<NOTE: Regulations.>> Requirement.--The Commission
shall, by rule, adopt data standards for all collections of
information with respect to periodic and current reports
required to be filed or furnished under this section or under
section 15(d), except that the Commission may exempt exhibits,
signatures, and certifications from those data standards.
``(2) Consistency.--The data standards required under
paragraph (1) shall incorporate, and ensure compatibility with
(to the extent feasible), all applicable data standards
established in the rules promulgated under section 124 of the
Financial Stability Act of 2010, including, to the extent
practicable, by having the characteristics described in clauses
(i) through (vi) of subsection (c)(1)(B) of such section 124.''.
(g) Data Standards for Corporate Proxy and Consent Solicitation
Materials Under the Securities Exchange Act of 1934.--Section 14 of the
Securities Exchange Act of 1934 (15 U.S.C. 78n) is amended by adding at
the end the following:
``(k) Data Standards for Proxy and Consent Solicitation Materials.--
``(1) <<NOTE: Regulations.>> Requirement.--The Commission
shall, by rule, adopt data standards for all information
contained in any proxy or consent solicitation material prepared
by an issuer for an annual meeting of the shareholders of the
issuer, except that the Commission may exempt exhibits,
signatures, and certifications from those data standards.
``(2) Consistency.--The data standards required under
paragraph (1) shall incorporate, and ensure compatibility with
(to the extent feasible), all applicable data standards
established in the rules promulgated under section 124 of the
Financial Stability Act of 2010, including, to the extent
practicable, by having the characteristics described in clauses
(i) through (vi) of subsection (c)(1)(B) of such section 124.''.
(h) Data Standards for Security-based Swap Reporting.--The
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended by
adding at the end the following:
[[Page 136 STAT. 3427]]
``SEC. 41. <<NOTE: 15 USC 78rr.>> DATA STANDARDS FOR SECURITY-
BASED SWAP REPORTING.
``(a) <<NOTE: Regulations.>> Requirement.--The Commission shall, by
rule, adopt data standards for all reports related to security-based
swaps that are required under this Act.
``(b) Consistency.--The data standards required under subsection (a)
shall incorporate, and ensure compatibility with (to the extent
feasible), all applicable data standards established in the rules
promulgated under section 124 of the Financial Stability Act of 2010,
including, to the extent practicable, by having the characteristics
described in clauses (i) through (vi) of subsection (c)(1)(B) of such
section 124.''.
(i) <<NOTE: 15 USC 77g note.>> Rulemaking.--
(1) <<NOTE: Effective date. Deadline.>> In general.--The
rules that the Securities and Exchange Commission are required
to issue under the amendments made by this section shall take
effect not later than 2 years after the date on which final
rules are promulgated under section 124(b)(2) of the Financial
Stability Act of 2010, as added by section 5811(a) of this
title.
(2) Scaling of regulatory requirements; minimizing
disruption.--In issuing the rules required under the amendments
made by this section, as described in paragraph (1), the
Securities and Exchange Commission--
(A) may scale data reporting requirements in order
to reduce any unjustified burden on emerging growth
companies, lending institutions, accelerated filers,
smaller reporting companies, and other smaller issuers,
as determined by any study required under section
5825(b), while still providing searchable information to
investors; and
(B) shall seek to minimize disruptive changes to the
persons affected by those rules.
SEC. 5822. OPEN DATA PUBLICATION BY THE SECURITIES AND EXCHANGE
COMMISSION.
Section 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d) is
amended by adding at the end the following:
``(k) Open Data Publication.--All public data assets published by
the Commission under the securities laws and the Dodd-Frank Wall Street
Reform and Consumer Protection Act (Public Law 111-203; 124 Stat. 1376)
shall be--
``(1) made available as an open Government data asset (as
defined in section 3502 of title 44, United States Code);
``(2) freely available for download;
``(3) rendered in a human-readable format; and
``(4) accessible via application programming interface where
appropriate.''.
SEC. 5823. DATA TRANSPARENCY RELATING TO MUNICIPAL SECURITIES.
(a) In General.--Section 15B(b) of the Securities Exchange Act of
1934 (15 U.S.C. 78o-4(b)) is amended by adding at the end the following:
``(8)(A) The Commission shall adopt data standards for information
submitted to the Board.
``(B) Any data standards adopted under subparagraph (A) shall
incorporate, and ensure compatibility with (to the extent feasible), all
applicable data standards established in the rules promulgated under
section 124 of the Financial Stability Act of 2010, including,
[[Page 136 STAT. 3428]]
to the extent practicable, by having the characteristics described in
clauses (i) through (vi) of subsection (c)(1)(B) of such section 124.
``(C) <<NOTE: Consultation.>> The Commission shall consult market
participants in establishing data standards under subparagraph (A).
``(D) Nothing in this paragraph may be construed to affect the
operation of paragraph (1) or (2) of subsection (d).''.
(b) <<NOTE: 15 USC 78o-4 note.>> Rulemaking.--
(1) <<NOTE: Deadline.>> In general.--Not later than 2 years
after the date on which final rules are promulgated under
section 124(b)(2) of the Financial Stability Act of 2010, as
added by section 5811(a) of this title, the Securities and
Exchange Commission shall issue rules to adopt the data
standards required under paragraph (8) of section 15B(b) of the
Securities Exchange Act of 1934 (15 U.S.C. 78o-4(b)), as added
by subsection (a) of this section.
(2) Scaling of regulatory requirements; minimizing
disruption.--In issuing the rules described in paragraph (1)
that adopt the data standards described in that paragraph, the
Securities and Exchange Commission--
(A) may scale those data standards in order to
reduce any unjustified burden on smaller regulated
entities; and
(B) shall seek to minimize disruptive changes to the
persons affected by those rules.
SEC. 5824. DATA TRANSPARENCY AT NATIONAL SECURITIES ASSOCIATIONS.
(a) In General.--Section 15A of the Securities Exchange Act of 1934
(15 U.S.C. 78o-3) is amended by adding at the end the following:
``(n) Data Standards.--
``(1) Requirement.--A national securities association
registered pursuant to subsection (a) shall adopt data standards
for all information that is regularly filed with or submitted to
the association.
``(2) Consistency.--The data standards required under
paragraph (1) shall incorporate, and ensure compatibility with
(to the extent feasible), all applicable data standards
established in the rules promulgated under section 124 of the
Financial Stability Act of 2010, including, to the extent
practicable, by having the characteristics described in clauses
(i) through (vi) of subsection (c)(1)(B) of such section 124.''.
(b) <<NOTE: 15 USC 78o-3 note.>> Rulemaking.--
(1) <<NOTE: Deadline.>> In general.--Not later than 2 years
after the date on which final rules are promulgated under
section 124(b)(2) of the Financial Stability Act of 2010, as
added by section 5811(a) of this title, each national securities
association registered pursuant to section 15A(a) of the
Securities Exchange Act of 1934 (15 U.S.C. 78o-3(a)) shall issue
rules to adopt the standards required under subsection (n) of
section 15A of the Securities Exchange Act of 1934 (15 U.S.C.
78o-3), as added by subsection (a) of this section.
(2) Scaling of regulatory requirements; minimizing
disruption.--In issuing the rules required under paragraph (1),
a national securities association described in that paragraph--
[[Page 136 STAT. 3429]]
(A) may scale data reporting requirements in order
to reduce any unjustified burden on smaller regulated
entities; and
(B) shall seek to minimize disruptive changes to the
persons affected by those standards.
SEC. 5825. <<NOTE: 15 USC 77g note.>> SHORTER-TERM BURDEN
REDUCTION AND DISCLOSURE SIMPLIFICATION
AT THE SECURITIES AND EXCHANGE
COMMISSION; SUNSET.
(a) Better Enforcement of the Quality of Corporate Financial Data
Submitted to the Securities and Exchange Commission.--
(1) Data quality improvement program.--
(A) <<NOTE: Deadline.>> In general.--Not later than
180 days after the date of enactment of this Act, the
Securities and Exchange Commission shall establish a
program to improve the quality of corporate financial
data filed or furnished by issuers under the Securities
Act of 1933 (15 U.S.C. 77a et seq.), the Securities
Exchange Act of 1934 (15 U.S.C. 78a et seq.), and the
Investment Company Act of 1940 (15 U.S.C. 80a-1 et
seq.).
(B) Contents.--The program established under
subparagraph (A) shall include the following:
(i) The designation of an official in the
Office of the Chairman of the Securities and
Exchange Commission responsible for the
improvement of the quality of data filed with or
furnished to the Commission by issuers.
(ii) The issuance by the Division of
Corporation Finance of the Securities and Exchange
Commission of comment letters requiring correction
of errors in data filings and submissions, where
necessary.
(2) Goals.--In establishing the program required under this
subsection, the Securities and Exchange Commission shall seek
to--
(A) improve the quality of data filed with or
furnished to the Commission to a commercially acceptable
level; and
(B) make data filed with or furnished to the
Commission useful to investors.
(b) Report on the Use of Machine-Readable Data for Corporate
Disclosures.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, and once every 180 days thereafter, the
Securities and Exchange Commission shall submit to the Committee
on Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of Representatives
a report regarding the public and internal use of machine-
readable data for corporate disclosures.
(2) <<NOTE: Analyses.>> Content.--Each report required
under paragraph (1) shall include--
(A) an identification of which corporate disclosures
required under section 7 of the Securities Act of 1933
(15 U.S.C. 77g), section 13 of the Securities Exchange
Act of 1934 (15 U.S.C. 78m), and section 14 of the
Securities Exchange Act of 1934 (15 U.S.C. 78n) are
expressed as machine-readable data and which are not;
[[Page 136 STAT. 3430]]
(B) an analysis of the costs and benefits of the use
of machine-readable data in corporate disclosure to
investors, markets, the Securities and Exchange
Commission, and issuers;
(C) <<NOTE: Summary.>> a summary of enforcement
actions that result from the use or analysis of machine-
readable data collected under the provisions of law
described in subparagraph (A); and
(D) an analysis of how the Securities and Exchange
Commission uses the machine-readable data collected by
the Commission.
(c) Sunset.--Beginning on the date that is 7 years after the date of
enactment of this Act, this section shall have no force or effect.
SEC. 5826. <<NOTE: 15 USC 77g note.>> NO NEW DISCLOSURE
REQUIREMENTS.
Nothing in this subtitle, or the amendments made by this subtitle,
shall be construed to require the Securities and Exchange Commission,
the Municipal Securities Rulemaking Board, or any national securities
association to collect or make publicly available additional information
under the provisions of law amended by this subtitle (or under any
provision of law referenced in an amendment made by this subtitle),
beyond information that was collected or made publicly available under
any such provision, as of the day before the date of enactment of this
Act.
Subtitle C--Federal Deposit Insurance Corporation
SEC. 5831. DATA STANDARDS REQUIREMENTS FOR THE FEDERAL DEPOSIT
INSURANCE CORPORATION.
The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) is
amended by adding at the end the following:
``SEC. 52. <<NOTE: 12 USC 1831cc.>> DATA STANDARDS.
``(a) Definition.--In this section, the term `financial company' has
the meaning given the term in section 201(a) of the Dodd-Frank Wall
Street Reform and Consumer Protection Act (12 U.S.C. 5381(a)).
``(b) Requirement.--The Corporation shall, by rule, adopt data
standards for all collections of information with respect to information
received by the Corporation from any depository institution or financial
company under this Act or under title II of the Dodd-Frank Wall Street
Reform and Consumer Protection Act (12 U.S.C. 5381 et seq.).
``(c) Consistency.--The data standards required under subsection (b)
shall incorporate, and ensure compatibility with (to the extent
feasible), all applicable data standards established in the rules
promulgated under section 124 of the Financial Stability Act of 2010,
including, to the extent practicable, by having the characteristics
described in clauses (i) through (vi) of subsection (c)(1)(B) of such
section 124.''.
[[Page 136 STAT. 3431]]
SEC. 5832. OPEN DATA PUBLICATION BY THE FEDERAL DEPOSIT INSURANCE
CORPORATION.
The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.), as
amended by section 5831, is further amended by adding at the end the
following:
``SEC. 53. <<NOTE: 12 USC 1831dd.>> OPEN DATA PUBLICATION.
``All public data assets published by the Corporation under this Act
or under the Dodd-Frank Wall Street Reform and Consumer Protection Act
(Public Law 111-203; 124 Stat. 1376) shall be--
``(1) made available as an open Government data asset (as
defined in section 3502 of title 44, United States Code);
``(2) freely available for download;
``(3) rendered in a human-readable format; and
``(4) accessible via application programming interface where
appropriate.''.
SEC. 5833. <<NOTE: 12 USC 1831cc note.>> RULEMAKING.
(a) <<NOTE: Effective date. Deadline.>> In General.--The Federal
Deposit Insurance Corporation shall issue rules to carry out the
amendments made by this subtitle, which shall take effect not later than
2 years after the date on which final rules are promulgated under
section 124(b)(2) of the Financial Stability Act of 2010, as added by
section 5811(a) of this title.
(b) Scaling of Regulatory Requirements; Minimizing Disruption.--In
issuing the rules required under subsection (a), the Federal Deposit
Insurance Corporation--
(1) may scale data reporting requirements in order to reduce
any unjustified burden on smaller regulated entities; and
(2) shall seek to minimize disruptive changes to the persons
affected by those regulations.
SEC. 5834. <<NOTE: 12 USC 1831cc note.>> NO NEW DISCLOSURE
REQUIREMENTS.
Nothing <<NOTE: Public information.>> in this title, or the
amendments made by this title, shall be construed to require the Federal
Deposit Insurance Corporation to collect or make publicly available
additional information under the Acts amended by this title (or under
any provision of law referenced in an amendment made by this title),
beyond information that was collected or made publicly available under
any such provision, as of the day before the date of enactment of this
Act.
Subtitle D--Office of the Comptroller of the Currency
SEC. 5841. DATA STANDARDS AND OPEN DATA PUBLICATION REQUIREMENTS
FOR THE OFFICE OF THE COMPTROLLER OF THE
CURRENCY.
The Revised Statutes of the United States is amended by inserting
after section 332 (12 U.S.C. 14) the following:
``SEC. 333. <<NOTE: 12 USC 14a.>> DATA STANDARDS; OPEN DATA
PUBLICATION.
``(a) Data Standards.--
``(1) Requirement.--The Comptroller of the Currency shall,
by rule, adopt data standards for all collections of information
[[Page 136 STAT. 3432]]
that are regularly filed with or submitted to the Comptroller of
the Currency by any entity with respect to which the Office of
the Comptroller of the Currency is the appropriate Federal
banking agency (as defined in section 3 of the Federal Deposit
Insurance Act (12 U.S.C. 1813)).
``(2) Consistency.--The data standards required under
paragraph (1) shall incorporate, and ensure compatibility with
(to the extent feasible), all applicable data standards
established in the rules promulgated under section 124 of the
Financial Stability Act of 2010, including, to the extent
practicable, by having the characteristics described in clauses
(i) through (vi) of subsection (c)(1)(B) of such section 124.
``(b) Open Data Publication.--All public data assets published by
the Comptroller of the Currency under title LXII or the Dodd-Frank Wall
Street Reform and Consumer Protection Act (Public Law 111-203; 124 Stat.
1376) shall be--
``(1) made available as an open Government data asset (as
defined in section 3502 of title 44, United States Code);
``(2) freely available for download;
``(3) rendered in a human-readable format; and
``(4) accessible via application programming interface where
appropriate.''.
SEC. 5842. <<NOTE: 12 USC 14a note.>> RULEMAKING.
(a) <<NOTE: Effective date. Deadline.>> In General.--The
Comptroller of the Currency shall issue rules to carry out the
amendments made by section 5841, which shall take effect not later than
2 years after the date on which final rules are promulgated under
section 124(b)(2) of the Financial Stability Act of 2010, as added by
section 5811(a) of this title.
(b) Scaling of Regulatory Requirements; Minimizing Disruption.--In
issuing the rules required under subsection (a), the Comptroller of the
Currency--
(1) may scale data reporting requirements in order to reduce
any unjustified burden on smaller regulated entities; and
(2) shall seek to minimize disruptive changes to the persons
affected by those regulations.
SEC. 5843. <<NOTE: 12 USC 14a note.>> NO NEW DISCLOSURE
REQUIREMENTS.
Nothing <<NOTE: Public information.>> in this subtitle, or the
amendments made by this subtitle, shall be construed to require the
Comptroller of the Currency to collect or make publicly available
additional information under the Revised Statutes of the United States
(or under any other provision of law referenced in an amendment made by
this subtitle), beyond information that was collected or made publicly
available under any such provision of law, as of the day before the date
of enactment of this Act.
Subtitle E--Bureau of Consumer Financial Protection
SEC. 5851. DATA STANDARDS AND OPEN DATA PUBLICATION REQUIREMENTS
FOR THE BUREAU OF CONSUMER FINANCIAL
PROTECTION.
(a) In General.--Subtitle A of the Consumer Financial Protection Act
of 2010 (12 U.S.C. 5491 et seq.) is amended by--
[[Page 136 STAT. 3433]]
(1) redesignating section 1018 (12 U.S.C. 5491 note) as
section 1020; and
(2) by inserting after section 1017 (12 U.S.C. 5497) the
following:
``SEC. 1018. <<NOTE: 12 USC 5498.>> DATA STANDARDS.
``(a) Requirement.--The Bureau shall, by rule, adopt data standards
for all collections of information that are regularly filed with or
submitted to the Bureau.
``(b) Consistency.--The data standards required under subsection (a)
shall incorporate, and ensure compatibility with (to the extent
feasible), all applicable data standards established in the rules
promulgated under section 124 of the Financial Stability Act of 2010,
including, to the extent practicable, by having the characteristics
described in clauses (i) through (vi) of subsection (c)(1)(B) of such
section 124.
``SEC. 1019. <<NOTE: 12 USC 5499.>> OPEN DATA PUBLICATION.
``All public data assets published by the Bureau shall be--
``(1) made available as an open Government data asset (as
defined in section 3502 of title 44, United States Code);
``(2) freely available for download;
``(3) rendered in a human-readable format; and
``(4) accessible via application programming interface where
appropriate.''.
(b) Clerical Amendment.--The table of contents under section 1(b) of
the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended
by striking the item relating to section 1018 and inserting the
following:
``Sec. 1018. Data standards.
``Sec. 1019. Open data publication.
``Sec. 1020. Effective date.''.
SEC. 5852. <<NOTE: 12 USC 5498 note.>> RULEMAKING.
(a) <<NOTE: Effective date. Deadline.>> In General.--The Director
of the Bureau of Consumer Financial Protection shall issue rules to
carry out the amendments made by section 5851, which shall take effect
not later than 2 years after the date on which final rules are
promulgated under section 124(b)(2) of the Financial Stability Act of
2010, as added by section 5811(a) of this title.
(b) Scaling of Regulatory Requirements; Minimizing Disruption.--In
issuing the rules required under subsection (a), the Director of the
Bureau of Consumer Financial Protection--
(1) may scale data reporting requirements in order to reduce
any unjustified burden on smaller regulated entities; and
(2) shall seek to minimize disruptive changes to the persons
affected by those regulations.
SEC. 5853. <<NOTE: 12 USC 5498 note.>> NO NEW DISCLOSURE
REQUIREMENTS.
Nothing in this subtitle, or the amendments made by this subtitle,
shall be construed to require the Bureau of Consumer Financial
Protection to collect or make publicly available additional information
under the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481 et
seq.), beyond information that was collected or made publicly available
under that Act, as of the day before the date of enactment of this Act.
[[Page 136 STAT. 3434]]
Subtitle F--Federal Reserve System
SEC. 5861. DATA STANDARDS REQUIREMENTS FOR THE BOARD OF GOVERNORS
OF THE FEDERAL RESERVE SYSTEM.
(a) Data Standards for Information Filed or Submitted by Nonbank
Financial Companies.--Section 161(a) of the Financial Stability Act of
2010 (12 U.S.C. 5361(a)) is amended by adding at the end the following:
``(4) Data standards for reports under this subsection.--
``(A) In general.--The Board of Governors shall
adopt data standards for all information that, through a
collection of information, is regularly filed with or
submitted to the Board of Governors under this
subsection by any nonbank financial company supervised
by the Board of Governors or any subsidiary thereof.
``(B) Consistency.--The data standards required
under subparagraph (A) shall incorporate, and ensure
compatibility with (to the extent feasible), all
applicable data standards established in the rules
promulgated under section 124, including, to the extent
practicable, by having the characteristics described in
clauses (i) through (vi) of subsection (c)(1)(B) of
section 124.''.
(b) Data Standards for Information Filed or Submitted by Savings and
Loan Holding Companies.--Section 10 of the Home Owners' Loan Act (12
U.S.C. 1467a) is amended by adding at the end the following:
``(u) Data Standards.--
``(1) Requirement.--The Board shall adopt data standards for
all information that, through a collection of information, is
regularly filed with or submitted to the Board by any savings
and loan holding company, or subsidiary of a savings and loan
holding company, other than a depository institution, under this
section.
``(2) Consistency.--The data standards required under
paragraph (1) shall incorporate, and ensure compatibility with
(to the extent feasible), all applicable data standards
established in the rules promulgated under section 124 of the
Financial Stability Act of 2010, including, to the extent
practicable, by having the characteristics described in clauses
(i) through (vi) of subsection (c)(1)(B) of such section 124.''.
(c) Data Standards for Information Filed or Submitted by Bank
Holding Companies.--Section 5 of the Bank Holding Company Act of 1956
(12 U.S.C. 1844) is amended by adding at the end the following:
``(h) Data Standards.--
``(1) Requirement.--The Board shall adopt data standards for
all information that, through a collection of information, is
regularly filed with or submitted to the Board by any bank
holding company in a report under subsection (c).
``(2) Consistency.--The data standards required under
paragraph (1) shall incorporate, and ensure compatibility with
(to the extent feasible), all applicable data standards
established in the rules promulgated under section 124 of the
Financial Stability Act of 2010, including, to the extent
practicable,
[[Page 136 STAT. 3435]]
by having the characteristics described in clauses (i) through
(vi) of subsection (c)(1)(B) of such section 124.''.
(d) Data Standards for Information Submitted by Financial Market
Utilities or Institutions Under the Payment, Clearing, and Settlement
Supervision Act of 2010.--Section 809 of the Payment, Clearing, and
Settlement Supervision Act of 2010 (12 U.S.C. 5468) is amended by adding
at the end the following:
``(h) Data Standards.--
``(1) Requirement.--The Board of Governors shall adopt data
standards for all information that, through a collection of
information, is regularly filed with or submitted to the Board
or the Council by any financial market utility or financial
institution under subsection (a) or (b).
``(2) Consistency.--The data standards required under
paragraph (1) shall incorporate, and ensure compatibility with
(to the extent feasible), all applicable data standards
established in the rules promulgated under section 124 of the
Financial Stability Act of 2010, including, to the extent
practicable, by having the characteristics described in clauses
(i) through (vi) of subsection (c)(1)(B) of such section 124.''.
SEC. 5862. OPEN DATA PUBLICATION BY THE BOARD OF GOVERNORS OF THE
FEDERAL RESERVE SYSTEM.
The Federal Reserve Act (12 U.S.C. 226 et seq.) is amended by adding
at the end the following:
``SEC. 32. <<NOTE: 12 USC 253.>> OPEN DATA PUBLICATION BY THE
BOARD OF GOVERNORS.
``All public data assets published by the Board of Governors under
this Act, the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.),
the Financial Stability Act of 2010 (12 U.S.C. 5311 et seq.), the Home
Owners' Loan Act (12 U.S.C. 1461 et seq.), the Payment, Clearing, and
Settlement Supervision Act of 2010 (12 U.S.C. 5461 et seq.), or the
Enhancing Financial Institution Safety and Soundness Act of 2010 (title
III of Public Law 111-203) (or any provision of law amended by that Act)
shall be--
``(1) made available as an open Government data asset (as
defined in section 3502 of title 44, United States Code);
``(2) freely available for download;
``(3) rendered in a human-readable format; and
``(4) accessible via application programming interface where
appropriate.''.
SEC. 5863. <<NOTE: 12 USC 253 note.>> RULEMAKING.
(a) <<NOTE: Effective date. Deadline.>> In General.--The Board of
Governors of the Federal Reserve System shall issue rules to carry out
the amendments made by this subtitle, which shall take effect not later
than 2 years after the date on which final rules are promulgated under
section 124(b)(2) of the Financial Stability Act of 2010, as added by
section 5811(a) of this title.
(b) Scaling of Regulatory Requirements; Minimizing Disruption.--In
issuing the rules required under subsection (a), the Board of Governors
of the Federal Reserve System--
(1) may scale data reporting requirements in order to reduce
any unjustified burden on smaller regulated entities; and
(2) shall seek to minimize disruptive changes to the persons
affected by those regulations.
[[Page 136 STAT. 3436]]
SEC. 5864. <<NOTE: 12 USC 253 note.>> NO NEW DISCLOSURE
REQUIREMENTS.
Nothing in this subtitle, or the amendments made by this subtitle,
shall be construed to require the Board of Governors of the Federal
Reserve System to collect or make publicly available additional
information under any Act amended by this subtitle, any Act referenced
in an amendment made by this subtitle, or any Act amended by an Act
referenced in an amendment made by this subtitle, beyond information
that was collected or made publicly available under any such provision
of law, as of the day before the date of enactment of this Act.
Subtitle G--National Credit Union Administration
SEC. 5871. DATA STANDARDS.
Title I of the Federal Credit Union Act (12 U.S.C. 1752 et seq.) is
amended by adding at the end the following:
``SEC. 132. <<NOTE: 12 USC 1772e.>> DATA STANDARDS.
``(a) Requirement.--The Board shall, by rule, adopt data standards
for all collections of information and reports regularly filed with or
submitted to the Administration under this Act.
``(b) Consistency.--The data standards required under subsection (a)
shall incorporate, and ensure compatibility with (to the extent
feasible), all applicable data standards established in the rules
promulgated under section 124 of the Financial Stability Act of 2010,
including, to the extent practicable, by having the characteristics
described in clauses (i) through (vi) of subsection (c)(1)(B) of such
section 124.''.
SEC. 5872. OPEN DATA PUBLICATION BY THE NATIONAL CREDIT UNION
ADMINISTRATION.
Title I of the Federal Credit Union Act (12 U.S.C. 1752 et seq.), as
amended by section 5701, is further amended by adding at the end the
following:
``SEC. 133. <<NOTE: 12 USC 1772f.>> OPEN DATA PUBLICATION.
``All public data assets published by the Administration under this
title shall be--
``(1) made available as an open Government data asset (as
defined in section 3502 of title 44, United States Code);
``(2) freely available for download;
``(3) rendered in a human-readable format; and
``(4) accessible via application programming interface where
appropriate.''.
SEC. 5873. <<NOTE: 12 USC 1772e note.>> RULEMAKING.
(a) In <<NOTE: Effective date. Deadline.>> General.--The National
Credit Union Administration Board shall issue rules to carry out the
amendments made by this subtitle, which shall take effect not later than
2 years after the date on which final rules are promulgated under
section 124(b)(2) of the Financial Stability Act of 2010, as added by
section 5811(a) of this title.
(b) Scaling of Regulatory Requirements; Minimizing Disruption.--In
issuing the rules required under subsection (a), the National Credit
Union Administration Board--
[[Page 136 STAT. 3437]]
(1) may scale data reporting requirements in order to reduce
any unjustified burden on smaller regulated entities; and
(2) shall seek to minimize disruptive changes to the persons
affected by those regulations.
SEC. 5874. <<NOTE: 12 USC 1772e note.>> NO NEW DISCLOSURE
REQUIREMENTS.
Nothing in this subtitle, or the amendments made by this subtitle,
shall be construed to require the National Credit Union Administration
Board to collect or make publicly available additional information under
the Federal Credit Union Act (12 U.S.C. 1751 et seq.), beyond
information that was collected or made publicly available under that
Act, as of the day before the date of enactment of this Act.
Subtitle H--Federal Housing Finance Agency
SEC. 5881. DATA STANDARDS REQUIREMENTS FOR THE FEDERAL HOUSING
FINANCE AGENCY.
Part 1 of subtitle A of the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992 (12 U.S.C. 4511 et seq.) is amended by
adding at the end the following:
``SEC. <<NOTE: 12 USC 4527.>> 1319H. DATA STANDARDS.
``(a) <<NOTE: Regulations.>> Requirement.--The Agency shall, by
rule, adopt data standards for all collections of information that are
regularly filed with or submitted to the Agency.
``(b) Consistency.--The data standards required under subsection (a)
shall incorporate, and ensure compatibility with (to the extent
feasible), all applicable data standards established in the rules
promulgated under section 124 of the Financial Stability Act of 2010,
including, to the extent practicable, by having the characteristics
described in clauses (i) through (vi) of subsection (c)(1)(B) of such
section 124.''.
SEC. 5882. OPEN DATA PUBLICATION BY THE FEDERAL HOUSING FINANCE
AGENCY.
Part 1 of subtitle A of the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992 (12 U.S.C. 4511 et seq.), as amended by
section 5801, is further amended by adding at the end the following:
``SEC. 1319I. <<NOTE: 12 USC 4528.>> OPEN DATA PUBLICATION.
``All public data assets published by the Agency shall be--
``(1) made available as an open Government data asset (as
defined in section 3502 of title 44, United States Code);
``(2) freely available for download;
``(3) rendered in a human-readable format; and
``(4) accessible via application programming interface where
appropriate.''.
SEC. 5883. <<NOTE: 12 USC 4527 note.>> RULEMAKING.
(a) <<NOTE: Effective date. Deadline.>> In General.--The Director
of the Federal Housing Finance Agency shall issue rules to carry out the
amendments made by this subtitle, which shall take effect not later than
2 years after the date on which final rules are promulgated under
section
[[Page 136 STAT. 3438]]
124(b)(2) of the Financial Stability Act of 2010, as added by section
5811(a) of this title.
(b) Minimizing Disruption.--In issuing the regulations required
under subsection (a), the Director of the Federal Housing Finance Agency
shall seek to minimize disruptive changes to the persons affected by
those rules.
SEC. 5884. <<NOTE: 12 USC 4527 note.>> NO NEW DISCLOSURE
REQUIREMENTS.
Nothing in this subtitle, or the amendments made by this subtitle,
shall be construed to require the Federal Housing Finance Agency to
collect or make publicly available additional information under the
Federal Housing Enterprises Financial Safety and Soundness Act of 1992
(12 U.S.C. 4501 et seq.), beyond information that was collected or made
publicly available under that Act, as of the day before the date of
enactment of this Act.
Subtitle I--Miscellaneous
SEC. 5891. <<NOTE: 12 USC 5334 note.>> RULES OF CONSTRUCTION.
(a) No Effect on Intellectual Property.--Nothing in this title, or
the amendments made by this title, may be construed to alter the legal
protections, as in effect on the day before the date of enactment of
this Act, of copyrighted material or other intellectual property rights
of any non-Federal person.
(b) No Effect on Monetary Policy.--Nothing in this title, or the
amendments made by this title, may be construed to apply to activities
conducted, or data standards used, in connection with monetary policy
proposed or implemented by the Board of Governors of the Federal Reserve
System or the Federal Open Market Committee.
(c) Preservation of Agency Authority To Tailor Requirements.--
Nothing in this title, or the amendments made by this title, may be
construed to prohibit the head of a covered agency, as defined in
section 124(a) of the Financial Stability Act of 2010, as added by
section 5811(a) of this title, from tailoring those standards when those
standards are adopted under this title and the amendments made by this
title.
SEC. 5892. <<NOTE: 12 USC 5334 note.>> CLASSIFIED AND PROTECTED
INFORMATION.
(a) In General.--Nothing in this title, or the amendments made by
this title, shall require the disclosure to the public of--
(1) information that would be exempt from disclosure under
section 552 of title 5, United States Code (commonly known as
the ``Freedom of Information Act''); or
(2) information protected under--
(A) section 552a of title 5, United States Code
(commonly known as the ``Privacy Act of 1974'');
(B) section 6103 of the Internal Revenue Code of
1986; or
(C) any law administered, or regulation promulgated,
by the Financial Crimes Enforcement Network of the
Department of the Treasury.
(b) Existing Agency Regulations.--Nothing in this title, or the
amendments made by this title, shall be construed to require the
Secretary of the Treasury, the Securities and Exchange Commission, the
Federal Deposit Insurance Corporation, the Comptroller of the Currency,
the Director of the Bureau of Consumer Financial
[[Page 136 STAT. 3439]]
Protection, the Board of Governors of the Federal Reserve System, the
National Credit Union Administration Board, the Director of the Federal
Housing Finance Agency, or the head of any other primary financial
regulatory agency (as defined in section 2 of the Dodd-Frank Wall Street
Reform and Consumer Protection Act (12 U.S.C. 5301)) designated by the
Secretary of the Treasury to amend regulations and procedures, as in
effect on the day before the date of enactment of this Act, regarding
the sharing and disclosure of nonpublic information, including
confidential supervisory information.
(c) Data Privacy and Personally Identifiable Information.--Nothing
in this title, or the amendments made by this title, shall be construed
to require the Secretary of the Treasury, the Securities and Exchange
Commission, the Federal Deposit Insurance Corporation, the Comptroller
of the Currency, the Director of the Bureau of Consumer Financial
Protection, the Board of Governors of the Federal Reserve System, the
National Credit Union Administration Board, the Director of the Federal
Housing Finance Agency, or the head of any other primary financial
regulatory agency (as defined in section 2 of the Dodd-Frank Wall Street
Reform and Consumer Protection Act (12 U.S.C. 5301)) designated by the
Secretary of the Treasury to disclose to the public any information that
can be used to distinguish or trace the identity of an individual,
either alone or when combined with other personal or identifying
information that is linked or linkable to a specific individual.
SEC. 5893. REPORT.
Not later than 3 years after the date of enactment of this Act, the
Comptroller General of the United States shall submit to Congress a
report on the feasibility, costs, and potential benefits of building
upon the taxonomy established by this title, and the amendments made by
this title, to arrive at a Federal Governmentwide regulatory compliance
standardization mechanism similar to Standard Business Reporting.
TITLE LIX--OTHER MATTERS
Subtitle A--Judiciary Matters
Sec. 5901. Extension of admission to Guam or the Commonwealth of the
Northern Mariana Islands for certain nonimmigrant H-2B
workers.
Sec. 5902. Eligibility of Portuguese traders and investors for E-1 and
E-2 nonimmigrant visas.
Sec. 5903. Incentives for States to create sexual assault survivors'
bill of rights.
Sec. 5904. Extending the statute of limitations for certain money
laundering offenses.
Subtitle B--Science, Space, and Technology Matters
Sec. 5911. Financial assistance for construction of test beds and
specialized facilities.
Sec. 5912. Reports on arctic research, budget, and spending.
Sec. 5913. National research and development strategy for distributed
ledger technology.
Sec. 5914. Technical corrections.
Subtitle C--FedRamp Authorization Act
Sec. 5921. FedRAMP Authorization Act.
Subtitle D--Judicial Security and Privacy
Sec. 5931. Short title.
[[Page 136 STAT. 3440]]
Sec. 5932. Findings and purpose.
Sec. 5933. Definitions.
Sec. 5934. Protecting covered information in public records.
Sec. 5935. Training and education.
Sec. 5936. Vulnerability management capability.
Sec. 5937. Rules of construction.
Sec. 5938. Severability.
Sec. 5939. Effective date.
Subtitle E--Other Matters
Sec. 5941. Secretary of Agriculture report on improving supply chain
shortfalls and infrastructure needs at wholesale produce
markets.
Sec. 5942. Extension of deadline for transfer of parcels of land in New
Mexico.
Sec. 5943. Ending global wildlife poaching and trafficking.
Sec. 5944. Cost-sharing requirements applicable to certain Bureau of
Reclamation dams and dikes.
Sec. 5945. Transfer of National Oceanic and Atmospheric Administration
property in Norfolk, Virginia.
Sec. 5946. Other matters.
Sec. 5947. Enhancing transparency on international agreements and non-
binding instruments.
Subtitle A--Judiciary Matters
SEC. 5901. EXTENSION OF ADMISSION TO GUAM OR THE COMMONWEALTH OF
THE NORTHERN MARIANA ISLANDS FOR CERTAIN
NONIMMIGRANT H-2B WORKERS.
Section 6(b)(1)(B) of the Joint Resolution entitled ``A Joint
Resolution to approve the `Covenant to Establish a Commonwealth of the
Northern Mariana Islands in Political Union with the United States of
America', and for other purposes'', approved March 24, 1976 (48 U.S.C.
1806(b)(1)(B)), is amended, in the matter preceding clause (i), by
striking ``December 31, 2023'' and inserting ``December 31, 2024''.
SEC. 5902. ELIGIBILITY OF PORTUGUESE TRADERS AND INVESTORS FOR E-1
AND E-2 NONIMMIGRANT VISAS.
(a) <<NOTE: 8 USC 1101 note.>> Nonimmigrant Traders and
Investors.--For purposes of clauses (i) and (ii) of section
101(a)(15)(E) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(E)), Portugal shall be considered to be a foreign state
described in such section if the Government of Portugal provides similar
nonimmigrant status to nationals of the United States.
(b) Modification of Eligibility Criteria for E Visas.--Section
101(a)(15)(E) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(E)) is amended--
(1) in the matter preceding clause (i)--
(A) by inserting ``(or, in the case of an alien who
acquired the relevant nationality through a financial
investment and who has not previously been granted
status under this subparagraph, the foreign state of
which the alien is a national and in which the alien has
been domiciled for a continuous period of not less than
3 years at any point before applying for a nonimmigrant
visa under this subparagraph)'' before ``, and the
spouse''; and
(B) by striking ``him'' and inserting ``such
alien''; and
(2) by striking ``he'' each place such term appears and
inserting ``the alien''.
[[Page 136 STAT. 3441]]
SEC. 5903. INCENTIVES FOR STATES TO CREATE SEXUAL ASSAULT
SURVIVORS' BILL OF RIGHTS.
(a) <<NOTE: 34 USC 10441 note.>> Incentives for States to Create
Sexual Assault Survivors' Bill of Rights.--
(1) Definition of covered formula grant.--In this
subsection, the term ``covered formula grant'' means a grant
under part T of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10441 et seq.) (commonly referred
to as the ``STOP Violence Against Women Formula Grant
Program'').
(2) Grant increase.--The Attorney General shall increase the
amount of the covered formula grant provided to a State in
accordance with this subsection if the State has in effect a law
that provides to sexual assault survivors the rights, at a
minimum, under section 3772 of title 18, United States Code.
(3) Application.--A State seeking an increase to a covered
formula grant under this subsection shall submit an application
to the Attorney General at such time, in such manner, and
containing such information as the Attorney General may
reasonably require, including information about the law
described in paragraph (2).
(4) Period of increase.--The Attorney General may not
provide an increase in the amount of the covered formula grant
provided to a State under this subsection more than 4 times.
(5) <<NOTE: Time period.>> Authorization of
appropriations.--There are authorized to be appropriated
$20,000,000 for each of fiscal years 2023 through 2027 to carry
out this subsection.
(b) Reauthorization of the Missing Americans Alert Program.--Section
240001(d) of the Violent Crime Control and Law Enforcement Act of 1994
(34 U.S.C. 12621(d)) is amended by striking ``2018 through 2022'' and
inserting ``2023 through 2027''.
SEC. 5904. EXTENDING THE STATUTE OF LIMITATIONS FOR CERTAIN MONEY
LAUNDERING OFFENSES.
(a) In General.--Section 1956 of title 18, United States Code, is
amended by adding at the end the following:
``(j) Seven-year Limitation.--Notwithstanding section 3282, no
person shall be prosecuted, tried, or punished for a violation of this
section or section 1957 if the specified unlawful activity constituting
the violation is the activity defined in subsection (c)(7)(B) of this
section, unless the indictment is found or the information is instituted
not later than 7 years after the date on which the offense was
committed.''.
(b) <<NOTE: 18 USC 1956 note.>> Effective Date.--The amendments
made by this section shall apply to--
(1) conduct that occurred before the date of enactment of
this Act for which the applicable statute of limitations has not
expired; and
(2) conduct that occurred on or after the date of enactment
of this Act.
[[Page 136 STAT. 3442]]
Subtitle B--Science, Space, and Technology Matters
SEC. 5911. FINANCIAL ASSISTANCE FOR CONSTRUCTION OF TEST BEDS AND
SPECIALIZED FACILITIES.
Section 34 of the National Institute of Standards and Technology Act
(15 U.S.C. 278s) is amended--
(1) by redesignating subsections (f) through (l) as
subsections (g) through (m), respectively; and
(2) by inserting after subsection (e) the following:
``(f) Authority to Award Financial Assistance for Construction of
Test Beds and Specialized Facilities.--
``(1) In general.--The Secretary may, acting through the
Director, award financial assistance for the construction of
test beds and specialized facilities by Manufacturing USA
institutes established or supported under subsection (e) as the
Secretary considers appropriate to carry out the purposes of the
Program.
``(2) Requirements.--The Secretary shall exercise authority
under paragraph (1) in a manner and with requirements consistent
with paragraphs (3) through (8) of subsection (e).
``(3) Priority.--The Secretary shall establish preferences
in selection criteria for proposals for financial assistance
under this subsection from Manufacturing USA institutes that
integrate as active members one or more covered entities as
described in section 10262 of the Research and Development,
Competition, and Innovation Act (Public Law 117-167).''.
SEC. 5912. REPORTS ON ARCTIC RESEARCH, BUDGET, AND SPENDING.
(a) Crosscut Report on Arctic Research Programs.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of the Office of Science
and Technology Policy, in coordination with the Director of the
Office of Management and Budget, shall submit a detailed report
to Congress regarding all existing Federal programs relating to
Arctic research and research-related activities, including
observation, modeling, monitoring, and prediction, and research
infrastructure. The report shall include--
(A) the goals of each such program;
(B) the funding levels for each such program for
each of the 5 immediately preceding fiscal years;
(C) the anticipated funding levels for each such
program for each of the 5 following fiscal years; and
(D) the total funding appropriated for the current
fiscal year for such programs.
(2) Distribution.--Not later than 30 days after submitting
the report to Congress pursuant to subsection (a), the Director
of the Office of Science and Technology Policy shall make a
report available on a public website.
(b) <<NOTE: 15 USC 4112.>> Annual Agency Budget and Spending
Report.--
(1) Annual agency budgets.--Each agency represented on the
Interagency Arctic Research Policy Committee shall each include
in their agency's annual budget request to Congress a
description of their agency's projected Arctic research
activities and associated budget for the fiscal year covered by
the budget request.
[[Page 136 STAT. 3443]]
(2) Report to congress.--Beginning with fiscal year 2025 and
annually thereafter until fiscal year 2034, not later than 60
days after the President's budget request for such fiscal year
is submitted to Congress, the Office of Science and Technology
Policy shall submit an annual report to Congress summarizing
each agency's budget request related to Arctic research
activities per the information submitted in accordance with
paragraph (1).
SEC. 5913. <<NOTE: 42 USC 19222.>> NATIONAL RESEARCH AND
DEVELOPMENT STRATEGY FOR DISTRIBUTED
LEDGER TECHNOLOGY.
(a) Definitions.--In this section:
(1) Director.--Except as otherwise expressly provided, the
term ``Director'' means the Director of the Office of Science
and Technology Policy.
(2) Distributed ledger.--The term ``distributed ledger''
means a ledger that--
(A) is shared across a set of distributed nodes,
which are devices or processes, that participate in a
network and store a complete or partial replica of the
ledger;
(B) is synchronized between the nodes;
(C) has data appended to it by following the
ledger's specified consensus mechanism;
(D) may be accessible to anyone (public) or
restricted to a subset of participants (private); and
(E) may require participants to have authorization
to perform certain actions (engaging) or require no
authorization (permissionless).
(3) Distributed ledger technology.--The term ``distributed
ledger technology'' means technology that enables the operation
and use of distributed ledgers.
(4) Institution of higher education.--The term ``institution
of higher education'' has the meaning given the term in section
101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(5) Relevant congressional committees.--The term ``relevant
congressional committees'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Science, Space, and Technology
of the House of Representatives.
(6) Smart contract.--The term ``smart contract'' means a
computer program stored in a distributed ledger system that is
executed when certain predefined conditions are satisfied and
wherein the outcome of any execution of the program may be
recorded on the distributed ledger.
(b) National Distributed Ledger Technology Research and Development
Strategy.--
(1) In general.--The Director, or a designee of the
Director, shall, in coordination with the National Science and
Technology Council, and the heads of such other relevant Federal
agencies and entities as the Director considers appropriate,
which may include the National Academies, and in consultation
with such nongovernmental entities as the Director considers
appropriate, develop a national strategy for the research and
development of distributed ledger technologies and their
applications, including applications of public and
permissionless
[[Page 136 STAT. 3444]]
distributed ledgers. In developing the national strategy, the
Director shall consider the following:
(A) Current efforts and coordination by Federal
agencies to invest in the research and development of
distributed ledger technologies and their applications,
including through programs like the Small Business
Innovation Research program, the Small Business
Technology Transfer program, and the National Science
Foundation's Innovation Corps programs.
(B)(i) The potential benefits and risks of
applications of distributed ledger technologies across
different industry sectors, including their potential
to--
(I) lower transactions costs and facilitate
new types of commercial transactions;
(II) protect privacy and increase individuals'
data sovereignty;
(III) reduce friction to the interoperability
of digital systems;
(IV) increase the accessibility, auditability,
security, efficiency, and transparency of digital
services;
(V) increase market competition in the
provision of digital services;
(VI) enable dynamic contracting and contract
execution through smart contracts;
(VII) enable participants to collaborate in
trustless and disintermediated environments;
(VIII) enable the operations and governance of
distributed organizations;
(IX) create new ownership models for digital
items; and
(X) increase participation of populations
historically underrepresented in the technology,
business, and financial sectors.
(ii) In consideration of the potential risks of
applications of distributed ledger technologies under
clause (i), the Director shall take into account, where
applicable--
(I) additional risks that may emerge from
distributed ledger technologies, as identified in
reports submitted to the President pursuant to
Executive Order 14067, that may be addressed by
research and development;
(II) software vulnerabilities in distributed
ledger technologies and smart contracts;
(III) limited consumer literacy on engaging
with applications of distributed ledger
technologies in a secure way;
(IV) the use of distributed ledger
technologies in illicit finance and their use in
combating illicit finance;
(V) manipulative, deceptive, and fraudulent
practices that harm consumers engaging with
applications of distributed ledger technologies;
(VI) the implications of different consensus
mechanisms for digital ledgers and governance and
accountability mechanisms for applications of
distributed ledger technologies, which may include
decentralized networks;
[[Page 136 STAT. 3445]]
(VII) foreign activities in the development
and deployment of distributed ledger technologies
and their associated tools and infrastructure; and
(VIII) environmental, sustainability, and
economic impacts of the computational resources
required for distributed ledger technologies.
(C) Potential uses for distributed ledger
technologies that could improve the operations and
delivery of services by Federal agencies, taking into
account the potential of digital ledger technologies
to--
(i) improve the efficiency and effectiveness
of privacy-preserving data sharing among Federal
agencies and with State, local, territorial, and
Tribal governments;
(ii) promote government transparency by
improving data sharing with the public;
(iii) introduce or mitigate risks that may
threaten individuals' rights or broad access to
Federal services;
(iv) automate and modernize processes for
assessing and ensuring regulatory compliance; and
(v) facilitate broad access to financial
services for underserved and underbanked
populations.
(D) Ways to support public and private sector
dialogue on areas of research that could enhance the
efficiency, scalability, interoperability, security, and
privacy of applications using distributed ledger
technologies.
(E) The need for increased coordination of the
public and private sectors on the development of
voluntary standards in order to promote research and
development, including standards regarding security,
smart contracts, cryptographic protocols, virtual
routing and forwarding, interoperability, zero-knowledge
proofs, and privacy, for distributed ledger technologies
and their applications.
(F) Applications of distributed ledger technologies
that could positively benefit society but that receive
relatively little private sector investment.
(G) The United States position in global leadership
and competitiveness across research, development, and
deployment of distributed ledger technologies.
(2) Consultation.--
(A) In general.--In carrying out the Director's
duties under this subsection, the Director shall consult
with the following:
(i) Private industry.
(ii) Institutions of higher education,
including minority-serving institutions.
(iii) Nonprofit organizations, including
foundations dedicated to supporting distributed
ledger technologies and their applications.
(iv) State governments.
(v) Such other persons as the Director
considers appropriate.
(B) Representation.--The Director shall ensure
consultations with the following:
(i) Rural and urban stakeholders from across
the Nation.
(ii) Small, medium, and large businesses.
[[Page 136 STAT. 3446]]
(iii) Subject matter experts representing
multiple industrial sectors.
(iv) A demographically diverse set of
stakeholders.
(3) <<NOTE: Consultation.>> Coordination.--In carrying out
this subsection, the Director shall, for purposes of avoiding
duplication of activities, consult, cooperate, and coordinate
with the programs and policies of other relevant Federal
agencies, including the interagency process outlined in section
3 of Executive Order 14067 (87 Fed. Reg. 14143; relating
ensuring responsible development of digital assets).
(4) <<NOTE: Deadline.>> National strategy.--Not later than
1 year after the date of enactment of this Act, the Director
shall submit to the relevant congressional committees and the
President a national strategy that includes the following:
(A) Priorities for the research and development of
distributed ledger technologies and their applications.
(B) Plans to support public and private sector
investment and partnerships in research and technology
development for societally beneficial applications of
distributed ledger technologies.
(C) Plans to mitigate the risks of distributed
ledger technologies and their applications.
(D) An identification of additional resources,
administrative action, or legislative action recommended
to assist with the implementation of such strategy.
(5) <<NOTE: Consultation.>> Research and development
funding.--The Director shall, as the Director considers
necessary, consult with the Director of the Office of Management
and Budget and with the heads of such other elements of the
Executive Office of the President as the Director considers
appropriate, to ensure that the recommendations and priorities
with respect to research and development funding, as expressed
in the national strategy developed under this subsection, are
incorporated in the development of annual budget requests for
Federal research agencies.
(c) Distributed Ledger Technology Research.--
(1) In general.--Subject to the availability of
appropriations, the Director of the National Science Foundation
shall make awards, on a competitive basis, to institutions of
higher education, including minority-serving institutions, or
nonprofit organizations (or consortia of such institutions or
organizations) to support research, including interdisciplinary
research, on distributed ledger technologies, their
applications, and other issues that impact or are caused by
distributed ledger technologies, which may include research on--
(A) the implications on trust, transparency,
privacy, accessibility, accountability, and energy
consumption of different consensus mechanisms and
hardware choices, and approaches for addressing these
implications;
(B) approaches for improving the security, privacy,
resiliency, interoperability, performance, and
scalability of distributed ledger technologies and their
applications, which may include decentralized networks;
(C) approaches for identifying and addressing
vulnerabilities and improving the performance and
expressive power of smart contracts;
[[Page 136 STAT. 3447]]
(D) the implications of quantum computing on
applications of distributed ledger technologies,
including long-term protection of sensitive information
(such as medical or digital property), and techniques to
address them;
(E) game theory, mechanism design, and economics
underpinning and facilitating the operations and
governance of decentralized networks enabled by
distributed ledger technologies;
(F) the social behaviors of participants in
decentralized networks enabled by distributed ledger
technologies;
(G) human-centric design approaches to make
distributed ledger technologies and their applications
more usable and accessible;
(H) use cases for distributed ledger technologies
across various industry sectors and government,
including applications pertaining to--
(i) digital identity, including trusted
identity and identity management;
(ii) digital property rights;
(iii) delivery of public services;
(iv) supply chain transparency;
(v) medical information management;
(vi) inclusive financial services;
(vii) community governance;
(viii) charitable giving;
(ix) public goods funding;
(x) digital credentials;
(xi) regulatory compliance;
(xii) infrastructure resilience, including
against natural disasters; and
(xiii) peer-to-peer transactions; and
(I) the social, behavioral, and economic
implications associated with the growth of applications
of distributed ledger technologies, including
decentralization in business, financial, and economic
systems.
(2) Accelerating innovation.--The Director of the National
Science Foundation shall consider continuing to support startups
that are in need of funding, would develop in and contribute to
the economy of the United States, leverage distributed ledger
technologies, have the potential to positively benefit society,
and have the potential for commercial viability, through
programs like the Small Business Innovation Research program,
the Small Business Technology Transfer program, and, as
appropriate, other programs that promote broad and diverse
participation.
(3) Consideration of national distributed ledger technology
research and development strategy.--In making awards under
paragraph (1), the Director of the National Science Foundation
shall take into account the national strategy, as described in
subsection (b)(4).
(4) Fundamental research.--The Director of the National
Science Foundation shall consider continuing to make awards
supporting fundamental research in areas related to distributed
ledger technologies and their applications, such as applied
cryptography and distributed systems.
(d) Distributed Ledger Technology Applied Research Project.--
[[Page 136 STAT. 3448]]
(1) Applied research project.--Subject to the availability
of appropriations, the Director of the National Institute of
Standards and Technology, may carry out an applied research
project to study and demonstrate the potential benefits and
unique capabilities of distributed ledger technologies.
(2) Activities.--In carrying out the applied research
project, the Director of the National Institute of Standards and
Technology shall--
(A) identify potential applications of distributed
ledger technologies, including those that could benefit
activities at the Department of Commerce or at other
Federal agencies, considering applications that could--
(i) improve the privacy and interoperability
of digital identity and access management
solutions;
(ii) increase the integrity and transparency
of supply chains through the secure and limited
sharing of relevant supplier information;
(iii) facilitate broader participation in
distributed ledger technologies of populations
historically underrepresented in technology,
business, and financial sectors; or
(iv) be of benefit to the public or private
sectors, as determined by the Director in
consultation with relevant stakeholders;
(B) solicit and provide the opportunity for public
comment relevant to potential projects;
(C) consider, in the selection of a project, whether
the project addresses a pressing need not already
addressed by another organization or Federal agency;
(D) establish plans to mitigate potential risks,
including those outlined in subsection (b)(1)(B)(ii), if
applicable, of potential projects;
(E) produce an example solution leveraging
distributed ledger technologies for 1 of the
applications identified in subparagraph (A);
(F) hold a competitive process to select private
sector partners, if they are engaged, to support the
implementation of the example solution;
(G) consider hosting the project at the National
Cybersecurity Center of Excellence; and
(H) ensure that cybersecurity best practices
consistent with the Cybersecurity Frame work of the
National Institute of Standards and Technology are
demonstrated in the project.
(3) <<NOTE: Deadline.>> Briefings to congress.--Not later
than 1 year after the date of enactment of this Act, the
Director of the National Institute of Standards and Technology
shall offer a briefing to the relevant congressional committees
on the progress and current findings from the project under this
subsection.
(4) Public report.--Not later than 12 months after the
completion of the project under this subsection, the Director of
the National Institute of Standards and Technology shall make
public a report on the results and findings from the project.
SEC. 5914. TECHNICAL CORRECTIONS.
The Energy Policy Act of 2005 is amended--
[[Page 136 STAT. 3449]]
(1) in section 952(a)(2)(A) (42 U.S.C. 16272(a)(2)(A)), by
striking ``shall evaluate the technical and economic feasibility
of the establishment of'' and inserting ``shall evaluate the
technical and economic feasibility of establishing and, if
feasible, is authorized to establish''; and
(2) in section 954(a)(5) (42 U.S.C. 16274(a)(5)), by--
(A) redesignating subparagraph (E) as subparagraph
(F); and
(B) by inserting after subparagraph (D) the
following:
``(E) Fuel services.--The Research Reactor
Infrastructure subprogram within the Radiological
Facilities Management program of the Department, as
authorized by paragraph (6), shall be expanded to
provide fuel services to research reactors established
by this paragraph.''.
Subtitle C--FedRamp Authorization Act
SEC. 5921. <<NOTE: FedRAMP Authorization Act.>> FEDRAMP
AUTHORIZATION ACT.
(a) <<NOTE: 44 USC 101 note.>> Short Title.--This section may be
cited as the ``FedRAMP Authorization Act''.
(b) Amendment.--Chapter 36 of title 44, United States Code, is
amended by adding at the end the following:
``Sec. 3607. <<NOTE: 44 USC 3607.>> Definitions
``(a) In General.--Except as provided under subsection (b), the
definitions under sections 3502 and 3552 apply to this section through
section 3616.
``(b) Additional Definitions.--In this section through section 3616:
``(1) Administrator.--The term `Administrator' means the
Administrator of General Services.
``(2) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee on
Homeland Security and Governmental Affairs of the Senate and the
Committee on Oversight and Reform of the House of
Representatives.
``(3) Authorization to operate; federal information.--The
terms `authorization to operate' and `Federal information' have
the meaning given those term in Circular A-130 of the Office of
Management and Budget entitled `Managing Information as a
Strategic Resource', or any successor document.
``(4) Cloud computing.--The term `cloud computing' has the
meaning given the term in Special Publication 800-145 of the
National Institute of Standards and Technology, or any successor
document.
``(5) Cloud service provider.--The term `cloud service
provider' means an entity offering cloud computing products or
services to agencies.
``(6) FedRAMP.--The term `FedRAMP' means the Federal Risk
and Authorization Management Program established under section
3608.
``(7) FedRAMP authorization.--The term `FedRAMP
authorization' means a certification that a cloud computing
product or service has--
``(A) completed a FedRAMP authorization process, as
determined by the Administrator; or
[[Page 136 STAT. 3450]]
``(B) received a FedRAMP provisional authorization
to operate, as determined by the FedRAMP Board.
``(8) Fedramp authorization package.--The term `FedRAMP
authorization package' means the essential information that can
be used by an agency to determine whether to authorize the
operation of an information system or the use of a designated
set of common controls for all cloud computing products and
services authorized by FedRAMP.
``(9) FedRAMP board.--The term `FedRAMP Board' means the
board established under section 3610.
``(10) Independent assessment service.--The term
`independent assessment service' means a third-party
organization accredited by the Administrator to undertake
conformity assessments of cloud service providers and the
products or services of cloud service providers.
``(11) Secretary.--The term `Secretary' means the Secretary
of Homeland Security.
``Sec. 3608. <<NOTE: 44 USC 3608.>> Federal Risk and
Authorization Management Program
``There is established within the General Services Administration
the Federal Risk and Authorization Management Program. The
Administrator, subject to section 3614, shall establish a Government-
wide program that provides a standardized, reusable approach to security
assessment and authorization for cloud computing products and services
that process unclassified information used by agencies.
``Sec. 3609. <<NOTE: 44 USC 3609.>> Roles and responsibilities of
the General Services Administration
``(a) Roles and Responsibilities.--The Administrator shall--
``(1) in consultation with the Secretary, develop,
coordinate, and implement a process to support agency review,
reuse, and standardization, where appropriate, of security
assessments of cloud computing products and services, including,
as appropriate, oversight of continuous monitoring of cloud
computing products and services, pursuant to guidance issued by
the Director pursuant to section 3614;
``(2) establish processes and identify criteria consistent
with guidance issued by the Director under section 3614 to make
a cloud computing product or service eligible for a FedRAMP
authorization and validate whether a cloud computing product or
service has a FedRAMP authorization;
``(3) develop and publish templates, best practices,
technical assistance, and other materials to support the
authorization of cloud computing products and services and
increase the speed, effectiveness, and transparency of the
authorization process, consistent with standards and guidelines
established by the Director of the National Institute of
Standards and Technology and relevant statutes;
``(4) establish and update guidance on the boundaries of
FedRAMP authorization packages to enhance the security and
protection of Federal information and promote transparency for
agencies and users as to which services are included in the
scope of a FedRAMP authorization;
[[Page 136 STAT. 3451]]
``(5) grant FedRAMP authorizations to cloud computing
products and services consistent with the guidance and direction
of the FedRAMP Board;
``(6) establish and maintain a public comment process for
proposed guidance and other FedRAMP directives that may have a
direct impact on cloud service providers and agencies before the
issuance of such guidance or other FedRAMP directives;
``(7) coordinate with the FedRAMP Board, the Director of the
Cybersecurity and Infrastructure Security Agency, and other
entities identified by the Administrator, with the concurrence
of the Director and the Secretary, to establish and regularly
update a framework for continuous monitoring under section 3553;
``(8) provide a secure mechanism for storing and sharing
necessary data, including FedRAMP authorization packages, to
enable better reuse of such packages across agencies, including
making available any information and data necessary for agencies
to fulfill the requirements of section 3613;
``(9) provide regular updates to applicant cloud service
providers on the status of any cloud computing product or
service during an assessment process;
``(10) regularly review, in consultation with the FedRAMP
Board--
``(A) the costs associated with the independent
assessment services described in section 3611; and
``(B) the information relating to foreign interests
submitted pursuant to section 3612;
``(11) in coordination with the Director, the Secretary, and
other stakeholders, as appropriate, determine the sufficiency of
underlying requirements to identify and assess the provenance of
the software in cloud services and products;
``(12) support the Federal Secure Cloud Advisory Committee
established pursuant to section 3616; and
``(13) take such other actions as the Administrator may
determine necessary to carry out FedRAMP.
``(b) Website.--
``(1) In general.--The Administrator shall maintain a public
website to serve as the authoritative repository for FedRAMP,
including the timely publication and updates for all relevant
information, guidance, determinations, and other materials
required under subsection (a).
``(2) Criteria and process for fedramp authorization
priorities. <<NOTE: Public information.>> --The Administrator
shall develop and make publicly available on the website
described in paragraph (1) the criteria and process for
prioritizing and selecting cloud computing products and services
that will receive a FedRAMP authorization, in consultation with
the FedRAMP Board and the Chief Information Officers Council.
``(c) Evaluation of Automation Procedures.--
``(1) In general. <<NOTE: Assessment.>> --The Administrator,
in coordination with the Secretary, shall assess and evaluate
available automation capabilities and procedures to improve the
efficiency and effectiveness of the issuance of FedRAMP
authorizations, including continuous monitoring of cloud
computing products and services.
[[Page 136 STAT. 3452]]
``(2) Means for automation.--Not later than 1 year after the
date of enactment of this section, and updated regularly
thereafter, the Administrator shall establish a means for the
automation of security assessments and reviews.
``(d) Metrics for Authorization.--The Administrator shall establish
annual metrics regarding the time and quality of the assessments
necessary for completion of a FedRAMP authorization process in a manner
that can be consistently tracked over time in conjunction with the
periodic testing and evaluation process pursuant to section 3554 in a
manner that minimizes the agency reporting burden.
``Sec. 3610. <<NOTE: 44 USC 3610.>> FedRAMP Board
``(a) Establishment.--There is established a FedRAMP Board to
provide input and recommendations to the Administrator regarding the
requirements and guidelines for, and the prioritization of, security
assessments of cloud computing products and services.
``(b) Membership.--The FedRAMP Board shall consist of not more than
7 senior officials or experts from agencies appointed by the Director,
in consultation with the Administrator, from each of the following:
``(1) The Department of Defense.
``(2) The Department of Homeland Security.
``(3) The General Services Administration.
``(4) <<NOTE: Determination.>> Such other agencies as
determined by the Director, in consultation with the
Administrator.
``(c) Qualifications.--Members of the FedRAMP Board appointed under
subsection (b) shall have technical expertise in domains relevant to
FedRAMP, such as--
``(1) cloud computing;
``(2) cybersecurity;
``(3) privacy;
``(4) risk management; and
``(5) other competencies identified by the Director to
support the secure authorization of cloud services and products.
``(d) Duties.--The FedRAMP Board shall--
``(1) in consultation with the Administrator, serve as a
resource for best practices to accelerate the process for
obtaining a FedRAMP authorization;
``(2) establish and regularly update requirements and
guidelines for security authorizations of cloud computing
products and services, consistent with standards and guidelines
established by the Director of the National Institute of
Standards and Technology, to be used in the determination of
FedRAMP authorizations;
``(3) monitor and oversee, to the greatest extent
practicable, the processes and procedures by which agencies
determine and validate requirements for a FedRAMP authorization,
including periodic review of the agency determinations described
in section 3613(b);
``(4) ensure consistency and transparency between agencies
and cloud service providers in a manner that minimizes confusion
and engenders trust; and
``(5) perform such other roles and responsibilities as the
Director may assign, with concurrence from the Administrator.
[[Page 136 STAT. 3453]]
``(e) Determinations of Demand for Cloud Computing Products and
Services.--The FedRAMP Board may consult with the Chief Information
Officers Council to establish a process, which may be made available on
the website maintained under section 3609(b), for prioritizing and
accepting the cloud computing products and services to be granted a
FedRAMP authorization.
``Sec. 3611. <<NOTE: 44 USC 3611.>> Independent assessment
``The Administrator may determine whether FedRAMP may use an
independent assessment service to analyze, validate, and attest to the
quality and compliance of security assessment materials provided by
cloud service providers during the course of a determination of whether
to use a cloud computing product or service.
``Sec. 3612. <<NOTE: 44 USC 3612.>> Declaration of foreign
interests
``(a) In General.--An independent assessment service that performs
services described in section 3611 shall annually submit to the
Administrator information relating to any foreign interest, foreign
influence, or foreign control of the independent assessment service.
``(b) <<NOTE: Deadline.>> Updates.--Not later than 48 hours after
there is a change in foreign ownership or control of an independent
assessment service that performs services described in section 3611, the
independent assessment service shall submit to the Administrator an
update to the information submitted under subsection (a).
``(c) Certification.--The Administrator may require a representative
of an independent assessment service to certify the accuracy and
completeness of any information submitted under this section.
``Sec. 3613. <<NOTE: 44 USC 3613.>> Roles and responsibilities of
agencies
``(a) In General.--In implementing the requirements of FedRAMP, the
head of each agency shall, consistent with guidance issued by the
Director pursuant to section 3614--
``(1) promote the use of cloud computing products and
services that meet FedRAMP security requirements and other risk-
based performance requirements as determined by the Director, in
consultation with the Secretary;
``(2) confirm whether there is a FedRAMP authorization in
the secure mechanism provided under section 3609(a)(8) before
beginning the process of granting a FedRAMP authorization for a
cloud computing product or service;
``(3) to the extent practicable, for any cloud computing
product or service the agency seeks to authorize that has
received a FedRAMP authorization, use the existing assessments
of security controls and materials within any FedRAMP
authorization package for that cloud computing product or
service; and
``(4) <<NOTE: Determination.>> provide to the Director data
and information required by the Director pursuant to section
3614 to determine how agencies are meeting metrics established
by the Administrator.
``(b) <<NOTE: Determination.>> Attestation.--Upon completing an
assessment or authorization activity with respect to a particular cloud
computing product or service, if an agency determines that the
information and data the agency has reviewed under paragraph (2) or (3)
of subsection (a) is wholly or substantially deficient for the purposes
[[Page 136 STAT. 3454]]
of performing an authorization of the cloud computing product or
service, the head of the agency shall document as part of the resulting
FedRAMP authorization package the reasons for this determination.
``(c) <<NOTE: Records.>> Submission of Authorizations to Operate
Required.--Upon issuance of an agency authorization to operate based on
a FedRAMP authorization, the head of the agency shall provide a copy of
its authorization to operate letter and any supplementary information
required pursuant to section 3609(a) to the Administrator.
``(d) <<NOTE: Deadline.>> Submission of Policies Required.--Not
later than 180 days after the date on which the Director issues guidance
in accordance with section 3614(1), the head of each agency, acting
through the chief information officer of the agency, shall submit to the
Director all agency policies relating to the authorization of cloud
computing products and services.
``(e) Presumption of Adequacy.--
``(1) <<NOTE: Assessment.>> In general.--The assessment of
security controls and materials within the authorization package
for a FedRAMP authorization shall be presumed adequate for use
in an agency authorization to operate cloud computing products
and services.
``(2) Information security requirements.--The presumption
under paragraph (1) does not modify or alter--
``(A) the responsibility of any agency to ensure
compliance with subchapter II of chapter 35 for any
cloud computing product or service used by the agency;
or
``(B) the authority of the head of any agency to
make a determination that there is a demonstrable need
for additional security requirements beyond the security
requirements included in a FedRAMP authorization for a
particular control implementation.
``Sec. 3614. <<NOTE: 44 USC 3614.>> Roles and responsibilities of
the Office of Management and Budget
``The Director shall--
``(1) <<NOTE: Guidance.>> in consultation with the
Administrator and the Secretary, issue guidance that--
``(A) specifies the categories or characteristics of
cloud computing products and services that are within
the scope of FedRAMP;
``(B) <<NOTE: Requirement.>> includes requirements
for agencies to obtain a FedRAMP authorization when
operating a cloud computing product or service described
in subparagraph (A) as a Federal information system; and
``(C) encompasses, to the greatest extent
practicable, all necessary and appropriate cloud
computing products and services;
``(2) <<NOTE: Guidance.>> issue guidance describing
additional responsibilities of FedRAMP and the FedRAMP Board to
accelerate the adoption of secure cloud computing products and
services by the Federal Government;
``(3) in consultation with the Administrator, establish a
process to periodically review FedRAMP authorization packages to
support the secure authorization and reuse of secure cloud
products and services;
[[Page 136 STAT. 3455]]
``(4) <<NOTE: Oversee.>> oversee the effectiveness of
FedRAMP and the FedRAMP Board, including the compliance by the
FedRAMP Board with the duties described in section 3610(d); and
``(5) to the greatest extent practicable, encourage and
promote consistency of the assessment, authorization, adoption,
and use of secure cloud computing products and services within
and across agencies.
``Sec. 3615. <<NOTE: 44 USC 3615.>> Reports to Congress; GAO
report
``(a) Reports to Congress.--Not later than 1 year after the date of
enactment of this section, and annually thereafter, the Director shall
submit to the appropriate congressional committees a report that
includes the following:
``(1) During the preceding year, the status, efficiency, and
effectiveness of the General Services Administration under
section 3609 and agencies under section 3613 and in supporting
the speed, effectiveness, sharing, reuse, and security of
authorizations to operate for secure cloud computing products
and services.
``(2) Progress towards meeting the metrics required under
section 3609(d).
``(3) Data on FedRAMP authorizations.
``(4) The average length of time to issue FedRAMP
authorizations.
``(5) The number of FedRAMP authorizations submitted,
issued, and denied for the preceding year.
``(6) <<NOTE: Review.>> A review of progress made during
the preceding year in advancing automation techniques to
securely automate FedRAMP processes and to accelerate reporting
under this section.
``(7) The number and characteristics of authorized cloud
computing products and services in use at each agency consistent
with guidance provided by the Director under section 3614.
``(8) <<NOTE: Review.>> A review of FedRAMP measures to
ensure the security of data stored or processed by cloud service
providers, which may include--
``(A) geolocation restrictions for provided products
or services;
``(B) disclosures of foreign elements of supply
chains of acquired products or services;
``(C) continued disclosures of ownership of cloud
service providers by foreign entities; and
``(D) encryption for data processed, stored, or
transmitted by cloud service providers.
``(b) <<NOTE: Assessment.>> GAO Report.--Not later than 180 days
after the date of enactment of this section, the Comptroller General of
the United States shall report to the appropriate congressional
committees an assessment of the following:
``(1) <<NOTE: Costs.>> The costs incurred by agencies and
cloud service providers relating to the issuance of FedRAMP
authorizations.
``(2) The extent to which agencies have processes in place
to continuously monitor the implementation of cloud computing
products and services operating as Federal information systems.
``(3) How often and for which categories of products and
services agencies use FedRAMP authorizations.
[[Page 136 STAT. 3456]]
``(4) The unique costs and potential burdens incurred by
cloud computing companies that are small business concerns (as
defined in section 3(a) of the Small Business Act (15 U.S.C.
632(a)) as a part of the FedRAMP authorization process.
``Sec. 3616. <<NOTE: 44 USC 3616.>> Federal Secure Cloud Advisory
Committee
``(a) Establishment, Purposes, and Duties.--
``(1) Establishment.--There is established a Federal Secure
Cloud Advisory Committee (referred to in this section as the
`Committee') to ensure effective and ongoing coordination of
agency adoption, use, authorization, monitoring, acquisition,
and security of cloud computing products and services to enable
agency mission and administrative priorities.
``(2) Purposes.--The purposes of the Committee are the
following:
``(A) To examine the operations of FedRAMP and
determine ways that authorization processes can
continuously be improved, including the following:
``(i) Measures to increase agency reuse of
FedRAMP authorizations.
``(ii) Proposed actions that can be adopted to
reduce the burden, confusion, and cost associated
with FedRAMP authorizations for cloud service
providers.
``(iii) Measures to increase the number of
FedRAMP authorizations for cloud computing
products and services offered by small businesses
concerns (as defined by section 3(a) of the Small
Business Act (15 U.S.C. 632(a)).
``(iv) Proposed actions that can be adopted to
reduce the burden and cost of FedRAMP
authorizations for agencies.
``(B) Collect information and feedback on agency
compliance with and implementation of FedRAMP
requirements.
``(C) Serve as a forum that facilitates
communication and collaboration among the FedRAMP
stakeholder community.
``(3) Duties.--The duties of the Committee include providing
advice and recommendations to the Administrator, the FedRAMP
Board, and agencies on technical, financial, programmatic, and
operational matters regarding secure adoption of cloud computing
products and services.
``(b) Members.--
``(1) Composition.--The Committee shall be comprised of not
more than 15 members who are qualified representatives from the
public and private sectors, appointed by the Administrator, in
consultation with the Director, as follows:
``(A) The Administrator or the Administrator's
designee, who shall be the Chair of the Committee.
``(B) At least 1 representative each from the
Cybersecurity and Infrastructure Security Agency and the
National Institute of Standards and Technology.
``(C) At least 2 officials who serve as the Chief
Information Security Officer within an agency, who shall
be required to maintain such a position throughout the
duration of their service on the Committee.
[[Page 136 STAT. 3457]]
``(D) At least 1 official serving as Chief
Procurement Officer (or equivalent) in an agency, who
shall be required to maintain such a position throughout
the duration of their service on the Committee.
``(E) At least 1 individual representing an
independent assessment service.
``(F) At least 5 representatives from unique
businesses that primarily provide cloud computing
services or products, including at least 2
representatives from a small business concern (as
defined by section 3(a) of the Small Business Act (15
U.S.C. 632(a))).
``(G) At least 2 other representatives of the
Federal Government as the Administrator determines
necessary to provide sufficient balance, insights, or
expertise to the Committee.
``(2) Deadline for appointment.--Each member of the
Committee shall be appointed not later than 90 days after the
date of enactment of this section.
``(3) Period of appointment; vacancies.--
``(A) In general.--Each non-Federal member of the
Committee shall be appointed for a term of 3 years,
except that the initial terms for members may be
staggered 1-, 2-, or 3-year terms to establish a
rotation in which one-third of the members are selected
each year. Any such member may be appointed for not more
than 2 consecutive terms.
``(B) Vacancies.--Any vacancy in the Committee shall
not affect its powers, but shall be filled in the same
manner in which the original appointment was made. Any
member appointed to fill a vacancy occurring before the
expiration of the term for which the member's
predecessor was appointed shall be appointed only for
the remainder of that term. A member may serve after the
expiration of that member's term until a successor has
taken office.
``(c) Meetings and Rules of Procedures.--
``(1) Meetings.--The Committee shall hold not fewer than 3
meetings in a calendar year, at such time and place as
determined by the Chair.
``(2) <<NOTE: Deadline.>> Initial meeting.--Not later than
120 days after the date of enactment of this section, the
Committee shall meet and begin the operations of the Committee.
``(3) Rules of procedure.--The Committee may establish rules
for the conduct of the business of the Committee if such rules
are not inconsistent with this section or other applicable law.
``(d) Employee Status.--
``(1) In general.--A member of the Committee (other than a
member who is appointed to the Committee in connection with
another Federal appointment) shall not be considered an employee
of the Federal Government by reason of any service as such a
member, except for the purposes of section 5703 of title 5,
relating to travel expenses.
``(2) Pay not permitted.--A member of the Committee covered
by paragraph (1) may not receive pay by reason of service on the
Committee.
[[Page 136 STAT. 3458]]
``(e) Applicability to the Federal Advisory Committee Act.--Section
14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Committee.
``(f) Detail of Employees.--Any Federal Government employee may be
detailed to the Committee without reimbursement from the Committee, and
such detailee shall retain the rights, status, and privileges of his or
her regular employment without interruption.
``(g) Postal Services.--The Committee may use the United States
mails in the same manner and under the same conditions as agencies.
``(h) Reports.--
``(1) Interim reports.--The Committee may submit to the
Administrator and Congress interim reports containing such
findings, conclusions, and recommendations as have been agreed
to by the Committee.
``(2) Annual reports.--Not later than 540 days after the
date of enactment of this section, and annually thereafter, the
Committee shall submit to the Administrator and Congress a
report containing such findings, conclusions, and
recommendations as have been agreed to by the Committee.''.
(c) Technical and Conforming Amendment.--The table of sections for
chapter 36 of title 44, United States Code, <<NOTE: 44 USC prec.
3601.>> is amended by adding at the end the following new items:
``3607. Definitions.
``3608. Federal Risk and Authorization Management Program.
``3609. Roles and responsibilities of the General Services
Administration.
``3610. FedRAMP Board.
``3611. Independent assessment.
``3612. Declaration of foreign interests.
``3613. Roles and responsibilities of agencies.
``3614. Roles and responsibilities of the Office of Management and
Budget.
``3615. Reports to Congress; GAO report.
``3616. Federal Secure Cloud Advisory Committee.''.
(d) Sunset.--
(1) In general.--Effective on the date that is 5 years after
the date of enactment of this Act, chapter 36 of title 44,
United States Code, <<NOTE: 44 USC 3607 and note, 3608-3616.>>
is amended by striking sections 3607 through 3616.
(2) Conforming amendment.--Effective on the date that is 5
years after the date of enactment of this Act, the table of
sections for chapter 36 of title 44, United States <<NOTE: 44
USC prec. 3601, note prec. 3601.>> Code, is amended by striking
the items relating to sections 3607 through 3616.
(e) <<NOTE: 44 USC 3607 note.>> Rule of Construction.--Nothing in
this section or any amendment made by this section shall be construed as
altering or impairing the authorities of the Director of the Office of
Management and Budget or the Secretary of Homeland Security under
subchapter II of chapter 35 of title 44, United States Code.
Subtitle D <<NOTE: Daniel Anderl Judicial Security and Privacy Act of
2022. 28 USC 601 note.>> --Judicial Security and Privacy
SEC. 5931. SHORT TITLE.
This subtitle may be cited as the ``Daniel Anderl Judicial Security
and Privacy Act of 2022''.
SEC. 5932. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
[[Page 136 STAT. 3459]]
(1) Members of the Federal judiciary perform the important
function of interpreting the Constitution of the United States
and administering justice in a fair and impartial manner.
(2) In recent years, partially as a result of the rise in
the use of social media and online access to information,
members of the Federal judiciary have been exposed to an
increased number of personal threats in connection to their
role. The ease of access to free or inexpensive sources of
covered information has considerably lowered the effort required
for malicious actors to discover where individuals live and
where they spend leisure hours and to find information about
their family members. Such threats have included calling a judge
a traitor with references to mass shootings and serial killings,
a murder attempt on a justice of the Supreme Court of the United
States, calling for an ``angry mob'' to gather outside a home of
a judge and, in reference to a judge on the court of appeals of
the United States, stating how easy it would be to ``get them''.
(3) Between 2015 and 2019, threats and other inappropriate
communications against Federal judges and other judiciary
personnel increased from 926 in 2015 to approximately 4,449 in
2019.
(4) Over the past decade, several members of the Federal
judiciary have experienced acts of violence against themselves
or a family member in connection to their Federal judiciary
role, including the murder in 2005 of the family of Joan Lefkow,
a judge for the United States District Court for the Northern
District of Illinois.
(5) On Sunday July 19, 2020, an assailant went to the home
of Esther Salas, a judge for the United States District Court
for the District of New Jersey, impersonating a package delivery
driver, opening fire upon arrival, and killing Daniel Anderl,
the 20-year-old only son of Judge Salas, and seriously wounding
Mark Anderl, her husband.
(6) In the aftermath of the recent tragedy that occurred to
Judge Salas and in response to the continuous rise of threats
against members of the Federal judiciary, there is an immediate
need for enhanced security procedures and increased availability
of tools to protect Federal judges and their families.
(b) Purpose.--The purpose of this subtitle is to improve the safety
and security of Federal judges, including senior, recalled, or retired
Federal judges, and their immediate family members to ensure Federal
judges are able to administer justice fairly without fear of personal
reprisal from individuals affected by the decisions they make in the
course of carrying out their public duties.
SEC. 5933. DEFINITIONS.
In this subtitle:
(1) At-risk individual.--The term ``at-risk individual''
means--
(A) a Federal judge;
(B) a senior, recalled, or retired Federal judge;
(C) any individual who is the spouse, parent,
sibling, or child of an individual described in
subparagraph (A) or (B);
(D) any individual to whom an individual described
in subparagraph (A) or (B) stands in loco parentis; or
[[Page 136 STAT. 3460]]
(E) any other individual living in the household of
an individual described in subparagraph (A) or (B).
(2) Covered information.--The term ``covered information''--
(A) means--
(i) a home address, including primary
residence or secondary residences;
(ii) a home or personal mobile telephone
number;
(iii) a personal email address;
(iv) a social security number or driver's
license number;
(v) a bank account or credit or debit card
information;
(vi) a license plate number or other unique
identifiers of a vehicle owned, leased, or
regularly used by an at-risk individual;
(vii) the identification of children of an at-
risk individual under the age of 18;
(viii) the full date of birth;
(ix) information regarding current or future
school or day care attendance, including the name
or address of the school or day care, schedules of
attendance, or routes taken to or from the school
or day care by an at-risk individual; or
(x) information regarding the employment
location of an at-risk individual, including the
name or address of the employer, employment
schedules, or routes taken to or from the employer
by an at-risk individual; and
(B) does not include information regarding
employment with a Government agency.
(3) Data broker.--
(A) In general.--The term ``data broker'' means an
entity that collects and sells or licenses to third
parties the personal information of an individual with
whom the entity does not have a direct relationship..
(B) Exclusion.--The term ``data broker'' does not
include a commercial entity engaged in the following
activities:
(i) Engaging in reporting, news-gathering,
speaking, or other activities intended to inform
the public on matters of public interest or public
concern.
(ii) Providing 411 directory assistance or
directory information services, including name,
address, and telephone number, on behalf of or as
a function of a telecommunications carrier.
(iii) Using personal information internally,
providing access to businesses under common
ownership or affiliated by corporate control, or
selling or providing data for a transaction or
service requested by or concerning the individual
whose personal information is being transferred.
(iv) Providing publicly available information
via real-time or near-real-time alert services for
health or safety purposes.
(v) A consumer reporting agency subject to the
Fair Credit Reporting Act (15 U.S.C. 1681 et
seq.).
[[Page 136 STAT. 3461]]
(vi) A financial institution subject to the
Gramm-Leach-Bliley Act (Public Law 106-102) and
regulations implementing that title.
(vii) A covered entity for purposes of the
privacy regulations promulgated under section
264(c) of the Health Insurance Portability and
Accountability Act of 1996 (42 U.S.C. 1320d-2
note).
(viii) The collection and sale or licensing of
covered information incidental to conducting the
activities described in clauses (i) through (vii).
(4) Federal judge.--The term ``Federal judge'' means--
(A) a justice of the United States or a judge of the
United States, as those terms are defined in section 451
of title 28, United States Code;
(B) a bankruptcy judge appointed under section 152
of title 28, United States Code;
(C) a United States magistrate judge appointed under
section 631 of title 28, United States Code;
(D) a judge confirmed by the United States Senate
and empowered by statute in any commonwealth, territory,
or possession to perform the duties of a Federal judge;
(E) a judge of the United States Court of Federal
Claims appointed under section 171 of title 28, United
States Code;
(F) a judge of the United States Court of Appeals
for Veterans Claims appointed under section 7253 of
title 38, United States Code;
(G) a judge of the United States Court of Appeals
for the Armed Forces appointed under section 942 of
title 10, United States Code;
(H) a judge of the United States Tax Court appointed
under section 7443 of the Internal Revenue Code of 1986;
and
(I) a special trial judge of the United States Tax
Court appointed under section 7443A of the Internal
Revenue Code of 1986.
(5) Government agency.--The term ``Government agency''
includes--
(A) an Executive agency, as defined in section 105
of title 5, United States Code; and
(B) any agency in the judicial branch or legislative
branch.
(6) Immediate family member.--The term ``immediate family
member'' means--
(A) any individual who is the spouse, parent,
sibling, or child of an at-risk individual;
(B) any individual to whom an at-risk individual
stands in loco parentis; or
(C) any other individual living in the household of
an at-risk individual.
(7) Interactive computer service.--The term ``interactive
computer service'' has the meaning given the term in section 230
of the Communications Act of 1934 (47 U.S.C. 230).
(8) Transfer.--The term ``transfer'' means to sell, license,
trade, or exchange for consideration the covered information of
an at-risk individual or immediate family member.
[[Page 136 STAT. 3462]]
SEC. 5934. PROTECTING COVERED INFORMATION IN PUBLIC RECORDS.
(a) Government Agencies.--
(1) In general.--Each at-risk individual may--
(A) file written notice of the status of the
individual as an at-risk individual, for themselves and
immediate family members, with each Government agency
that includes information necessary to ensure compliance
with this section; and
(B) request that each Government agency described in
subparagraph (A) mark as private their covered
information and that of their immediate family members.
(2) No public posting.--Government agencies shall not
publicly post or display publicly available content that
includes covered information of an at-risk individual or
immediate family member. Government agencies, upon receipt of a
written request under paragraph (1)(A), shall remove the covered
information of the at-risk individual or immediate family member
from publicly available content not later than 72 hours after
such receipt.
(3) Exceptions.--Nothing in this section shall prohibit a
Government agency from providing access to records containing
the covered information of a Federal judge to a third party if
the third party--
(A) possesses a signed release from the Federal
judge or a court order;
(B) is subject to the requirements of title V of the
Gramm-Leach-Bliley Act (15 U.S.C. 6801 et seq.); or
(C) executes a confidentiality agreement with the
Government agency.
(b) Delegation of Authority.--
(1) In general.--An at-risk individual may directly, or
through an agent designated by the at-risk individual, make any
notice or request required or authorized by this section on
behalf of the at-risk individual. The notice or request shall be
in writing and contain information necessary to ensure
compliance with this section, including information expressly
referencing the prohibition on the posting or transfer of
covered information, information regarding redress and penalties
for violations provided in subsection (f), and contact
information to allow the recipient to verify the accuracy of any
notice or request and answer questions by the recipient of the
notice or request.
(2) Authorization of government agencies to make requests.--
(A) Administrative office of the united states
courts.--Upon written request of an at-risk individual
described in subparagraphs (A) through (E) of section
5933(4), the Director of the Administrative Office of
the United States Courts is authorized to make any
notice or request required or authorized by this section
on behalf of the at-risk individual. The notice or
request shall include information necessary to ensure
compliance with this section, as determined by the
Administrative Office of the United States Courts. The
Director may delegate this authority under section
602(d) of title 28, United States Code. Any notice or
request made under this subsection shall be deemed to
have been made by the at-risk individual
[[Page 136 STAT. 3463]]
and comply with the notice and request requirements of
this section.
(B) United states court of appeals for veterans
claims.--Upon written request of an at-risk individual
described in section 5933(4)(F), the chief judge of the
United States Court of Appeals for Veterans Claims is
authorized to make any notice or request required or
authorized by this section on behalf of the at-risk
individual. Any notice or request made under this
subsection shall be deemed to have been made by the at-
risk individual and comply with the notice and request
requirements of this section.
(C) United states court of appeals for the armed
forces.--Upon written request of an at-risk individual
described in section 5933(4)(G), the chief judge of the
United States Court of Appeals for the Armed Forces is
authorized to make any notice or request required or
authorized by this section on behalf of the at-risk
individual. Any notice or request made under this
subsection shall be deemed to have been made by the at-
risk individual and comply with the notice and request
requirements of this section.
(D) United states tax court.--Upon written request
of an at-risk individual described in subparagraph (H)
or (I) of section 5933(4), the chief judge of the United
States Tax Court is authorized to make any notice or
request required or authorized by this section on behalf
of the at-risk individual. Any notice or request made
under this subsection shall be deemed to have been made
by the at-risk individual and comply with the notice and
request requirements of this section.
(c) State and Local Governments.--
(1) Grant program to prevent disclosure of personal
information of at-risk individuals or immediate family
members.--
(A) Authorization.--The Attorney General may make
grants to prevent the release of covered information of
at-risk individuals and immediate family members (in
this subsection referred to as ``judges' covered
information'') to the detriment of such individuals or
their immediate family members to an entity that--
(i) is--
(I) a State or unit of local
government, as defined in section 901 of
title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C.
10251); or
(II) an agency of a State or unit of
local government; and
(ii) operates a State or local database or
registry that contains covered information.
(B) Application.--An entity seeking a grant under
this subsection shall submit to the Attorney General an
application at such time, in such manner, and containing
such information as the Attorney General may reasonably
require.
(2) Scope of grants.--Grants made under this subsection may
be used to create or expand programs designed to protect judges'
covered information, including through--
[[Page 136 STAT. 3464]]
(A) the creation of programs to redact or remove
judges' covered information, upon the request of an at-
risk individual, from public records in State agencies,
including hiring a third party to redact or remove
judges' covered information from public records;
(B) the expansion of existing programs that the
State may have enacted in an effort to protect judges'
covered information;
(C) the development or improvement of protocols,
procedures, and policies to prevent the release of
judges' covered information;
(D) the defrayment of costs of modifying or
improving existing databases and registries to ensure
that judges' covered information is covered from
release; and
(E) the development of confidential opt out systems
that will enable at-risk individuals to make a single
request to keep judges' covered information out of
multiple databases or registries.
(3) Report.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, and biennially
thereafter, the Comptroller General of the United
States, shall submit to the Committee on the Judiciary
of the Senate and the Committee on the Judiciary of the
House of Representatives an annual report that
includes--
(i) a detailed amount spent by States and
local governments on protecting judges' covered
information;
(ii) where the judges' covered information was
found; and
(iii) the collection of any new types of
personal data found to be used to identify judges
who have received threats, including prior home
addresses, employers, and institutional
affiliations such as nonprofit boards.
(B) States and local governments.--States and local
governments that receive funds under this subsection
shall submit to the Comptroller General of the United
States a report on data described in clauses (i) and
(ii) of subparagraph (A) to be included in the report
required under that subparagraph.
(d) Data Brokers and Other Businesses.--
(1) Prohibitions.--
(A) Data brokers.--It shall be unlawful for a data
broker to knowingly sell, license, trade for
consideration, transfer, or purchase covered information
of an at-risk individual or immediate family members.
(B) Other persons and businesses.--
(i) In general.--Except as provided in clause
(ii), no person, business, or association shall
publicly post or publicly display on the internet
covered information of an at-risk individual or
immediate family member if the at-risk individual
has made a written request to that person,
business, or association not to disclose or
acquire the covered information of the at-risk
individual or immediate family member.
(ii) Exceptions.--Clause (i) shall not apply
to--
[[Page 136 STAT. 3465]]
(I) the display on the internet of
the covered information of an at-risk
individual or immediate family member if
the information is relevant to and
displayed as part of a news story,
commentary, editorial, or other speech
on a matter of public concern;
(II) covered information that the
at-risk individual voluntarily publishes
on the internet after the date of
enactment of this Act; or
(III) covered information lawfully
received from a Federal Government
source (or from an employee or agent of
the Federal Government).
(2) Required conduct.--
(A) In general.--After receiving a written request
under paragraph (1)(B), the person, business, or
association shall--
(i) <<NOTE: Deadline.>> remove within 72
hours the covered information identified in the
written request from the internet and ensure that
the information is not made available on any
website or subsidiary website controlled by that
person, business, or association and identify any
other instances of the identified information that
should also be removed; and
(ii) assist the sender to locate the covered
information of the at-risk individual or immediate
family member posted on any website or subsidiary
website controlled by that person, business, or
association.
(B) Transfer.--
(i) In general.--Except as provided in clause
(ii), after receiving a written request under
paragraph (1)(B), the person, business, or
association shall not transfer the covered
information of the at-risk individual or immediate
family member to any other person, business, or
association through any medium.
(ii) Exceptions.--Clause (i) shall not apply
to--
(I) the transfer of the covered
information of the at-risk individual or
immediate family member if the
information is relevant to and displayed
as part of a news story, commentary,
editorial, or other speech on a matter
of public concern;
(II) covered information that the
at-risk individual or immediate family
member voluntarily publishes on the
internet after the date of enactment of
this Act; or
(III) a transfer made at the request
of the at-risk individual or that is
necessary to effectuate a request to the
person, business, or association from
the at-risk individual.
(e) Data Security.--
(1) Recipients.--Any interactive computer service shall
implement and maintain reasonable security procedures and
practices to protect any information collected or received to
comply with the requirements of this subtitle from unauthorized
use, disclosure, access, destruction, or modification.
(2) Government custodians.--The Administrative Office of the
United States Courts and the administrators of the courts
described in this subtitle shall implement and maintain
[[Page 136 STAT. 3466]]
reasonable security procedures and practices to protect any
information they collect, receive, or transmit pursuant to the
provisions of this subtitle.
(f) Redress and Penalties.--
(1) In general.--If the covered information of an at-risk
individual described in subparagraphs (A) through (E) of section
5933(4) or their immediate family is made public as a result of
a violation of this subtitle, the Director of the Administrative
Office of the United States Courts, or the designee of the
Director, may file an action seeking injunctive or declaratory
relief in any court of competent jurisdiction, through the
Department of Justice.
(2) Authority.--The respective chief judge for judges
described in subparagraphs (B), (C), and (D) of section
5934(b)(2) shall have the same authority as the Director under
this paragraph for at-risk individuals in their courts or their
immediate family members.
(3) Penalties and damages.--If a person, business, or
association knowingly violates an order granting injunctive or
declarative relief under paragraph (1), the court issuing such
order may--
(A) if the person, business, or association is a
government agency--
(i) impose a fine not greater than $4,000; and
(ii) award to the at-risk individual or their
immediate family, as applicable, court costs and
reasonable attorney's fees; and
(B) if the person, business, or association is not a
government agency, award to the at-risk individual or
their immediate family, as applicable--
(i) an amount equal to the actual damages
sustained by the at-risk individual or their
immediate family; and
(ii) court costs and reasonable attorney's
fees.
SEC. 5935. TRAINING AND EDUCATION.
Amounts appropriated to the Federal judiciary for fiscal year 2022,
and each fiscal year thereafter, may be used for biannual judicial
security training for active, senior, or recalled Federal judges
described in subparagraph (A), (B), (C), (D), or (E) of section 5933(4)
and their immediate family members, including--
(1) best practices for using social media and other forms of
online engagement and for maintaining online privacy;
(2) home security program and maintenance;
(3) understanding removal programs and requirements for
covered information; and
(4) any other judicial security training that the United
States Marshals Services and the Administrative Office of the
United States Courts determines is relevant.
SEC. 5936. VULNERABILITY MANAGEMENT CAPABILITY.
(a) Authorization.--
(1) Vulnerability management capability.--The Federal
judiciary is authorized to perform all necessary functions
consistent with the provisions of this subtitle and to support
existing threat management capabilities within the United States
Marshals Service and other relevant Federal law enforcement and
security agencies for active, senior, recalled, and
[[Page 136 STAT. 3467]]
retired Federal judges described in subparagraphs (A), (B), (C),
(D), and (E) of section 5933(4), including--
(A) monitoring the protection of at-risk individuals
and judiciary assets;
(B) managing the monitoring of websites for covered
information of at-risk individuals and immediate family
members and remove or limit the publication of such
information;
(C) receiving, reviewing, and analyzing complaints
by at-risk individuals of threats, whether direct or
indirect, and report such threats to law enforcement
partners; and
(D) providing training described in section 5935.
(2) Vulnerability management for certain article i courts.--
The functions and support authorized in paragraph (1) shall be
authorized as follows:
(A) The chief judge of the United States Court of
Appeals for Veterans Claims is authorized to perform
such functions and support for the Federal judges
described in section 5933(4)(F).
(B) The United States Court of Appeals for the Armed
Forces is authorized to perform such functions and
support for the Federal judges described in section
5933(4)(G).
(C) The United States Tax Court is authorized to
perform such functions and support for the Federal
judges described in subparagraphs (H) and (I) of section
5933(4).
(3) Technical and conforming amendment.--Section 604(a) of
title 28, United States Code is amended--
(A) in paragraph (23), by striking ``and'' at the
end;
(B) in paragraph (24) by striking ``him'' and
inserting ``the Director'';
(C) by redesignating paragraph (24) as paragraph
(25); and
(D) by inserting after paragraph (23) the following:
``(24) Establish and administer a vulnerability management
program in the judicial branch; and''.
(b) Expansion of Capabilities of Office of Protective
Intelligence.--
(1) In general.--The United States Marshals Service is
authorized to expand the current capabilities of the Office of
Protective Intelligence of the Judicial Security Division to
increase the workforce of the Office of Protective Intelligence
to include additional intelligence analysts, United States
deputy marshals, and any other relevant personnel to ensure that
the Office of Protective Intelligence is ready and able to
perform all necessary functions, consistent with the provisions
of this subtitle, in order to anticipate and deter threats to
the Federal judiciary, including--
(A) assigning personnel to State and major urban
area fusion and intelligence centers for the specific
purpose of identifying potential threats against the
Federal judiciary and coordinating responses to such
potential threats;
(B) expanding the use of investigative analysts,
physical security specialists, and intelligence analysts
at the 94 judicial districts and territories to enhance
the management of local and distant threats and
investigations; and
(C) increasing the number of United States Marshal
Service personnel for the protection of the Federal
judicial
[[Page 136 STAT. 3468]]
function and assigned to protective operations and
details for the Federal judiciary.
(2) Information sharing.--If any of the activities of the
United States Marshals Service uncover information related to
threats to individuals other than Federal judges, the United
States Marshals Service shall, to the maximum extent
practicable, share such information with the appropriate
Federal, State, and local law enforcement agencies.
(c) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Department of Justice, in
consultation with the Administrative Office of the United States
Courts, the United States Court of Appeals for Veterans Claims,
the United States Court of Appeals for the Armed Forces, and the
United States Tax Court, shall submit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives a report on the security of Federal
judges arising from Federal prosecutions and civil litigation.
(2) Description.--The report required under paragraph (1)
shall describe--
(A) the number and nature of threats and assaults
against at-risk individuals handling prosecutions and
other matters described in paragraph (1) and the
reporting requirements and methods;
(B) the security measures that are in place to
protect at-risk individuals handling prosecutions
described in paragraph (1), including threat
assessments, response procedures, the availability of
security systems and other devices, firearms licensing
such as deputations, and other measures designed to
protect the at-risk individuals and their immediate
family members; and
(C) for each requirement, measure, or policy
described in subparagraphs (A) and (B), when the
requirement, measure, or policy was developed and who
was responsible for developing and implementing the
requirement, measure, or policy.
(3) <<NOTE: Determination.>> Public posting.--The report
described in paragraph (1) shall, in whole or in part, be exempt
from public disclosure if the Attorney General determines that
such public disclosure could endanger an at-risk individual.
SEC. 5937. RULES OF CONSTRUCTION.
(a) In General.--Nothing in this subtitle shall be construed--
(1) to prohibit, restrain, or limit--
(A) the lawful investigation or reporting by the
press of any unlawful activity or misconduct alleged to
have been committed by an at-risk individual or their
immediate family member; or
(B) the reporting on an at-risk individual or their
immediate family member regarding matters of public
concern;
(2) to impair access to decisions and opinions from a
Federal judge in the course of carrying out their public
functions;
(3) to limit the publication or transfer of covered
information with the written consent of the at-risk individual
or their immediate family member; or
[[Page 136 STAT. 3469]]
(4) to prohibit information sharing by a data broker to a
Federal, State, Tribal, or local government, or any unit
thereof.
(b) Protection of Covered Information.--This subtitle shall be
broadly construed to favor the protection of the covered information of
at-risk individuals and their immediate family members.
SEC. 5938. SEVERABILITY.
If any provision of this subtitle, an amendment made by this
subtitle, or the application of such provision or amendment to any
person or circumstance is held to be unconstitutional, the remainder of
this subtitle and the amendments made by this subtitle, and the
application of the remaining provisions of this subtitle and amendments
to any person or circumstance shall not be affected.
SEC. 5939. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this subtitle
shall take effect on the date of enactment of this Act.
(b) Exception.--Subsections (c)(1), (d), and (e) of section 5934
shall take effect on the date that is 120 days after the date of
enactment of this Act.
Subtitle E--Other Matters
SEC. 5941. SECRETARY OF AGRICULTURE REPORT ON IMPROVING SUPPLY
CHAIN SHORTFALLS AND INFRASTRUCTURE
NEEDS AT WHOLESALE PRODUCE MARKETS.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Agriculture shall submit to the
appropriate congressional committees a report on--
(1) the 5 largest wholesale produce markets by annual sales
and volume over the preceding 4 calendar years; and
(2) a representative sample of 8 wholesale produce markets
that are not among the largest wholesale produce markets.
(b) Contents.--The report under subsection (a) shall contain the
following:
(1) <<NOTE: Analysis.>> An analysis of the supply chain
shortfalls in each wholesale produce market identified under
subsection (a), which shall include an analysis of the
following:
(A) State of repair of infrastructure, including
roads, food storage units, and refueling stations.
(B) Disaster preparedness, including with respect to
cyber attacks, weather events, and terrorist attacks.
(C) Disaster recovery systems, including
coordination with State and Federal agencies.
(2) A description of any actions the Secretary recommends be
taken as a result of the analysis under paragraph (1).
(3) <<NOTE: Recommenda- tions.>> Recommendations, as
appropriate, for wholesale produce market owners and operators,
and State and local entities to improve the supply chain
shortfalls identified under paragraph (1).
(4) Proposals, as appropriate, for legislative actions and
funding needed to improve the supply chain shortfalls.
(c) Consultation.--In completing the report under subsection (a),
the Secretary of Agriculture shall consult with the Secretary of
Transportation, the Secretary of Homeland Security, wholesale
[[Page 136 STAT. 3470]]
produce market owners and operators, State and local entities, and other
agencies or stakeholders, as determined appropriate by the Secretary.
(d) <<NOTE: Definition.>> Appropriate Congressional Committees.--
For the purposes of this section, the term ``appropriate congressional
committees'' means the Committee on Agriculture, the Committee on
Homeland Security, and the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Technology, the Committee on Homeland Security
and Governmental Affairs, and the Committee on Agriculture, Nutrition,
and Forestry of the Senate.
SEC. 5942. EXTENSION OF DEADLINE FOR TRANSFER OF PARCELS OF LAND
IN NEW MEXICO.
Section 3120 of the Ike Skelton National Defense Authorization Act
for Fiscal Year 2011 (42 U.S.C. 2391 note) is amended by striking
``2022'' each place that it appears and inserting ``2032''.
SEC. 5943. ENDING GLOBAL WILDLIFE POACHING AND TRAFFICKING.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States Government should continue to work
with international partners, including nations, nongovernmental
organizations, and the private sector, to identify long-standing
and emerging areas of concern in wildlife poaching and
trafficking related to global supply and demand; and
(2) the activities and required reporting of the
Presidential Task Force on Wildlife Trafficking, as established
by Executive Order 13648 (78 Fed. Reg. 40621) and modified by
sections 201 and 301 of the Eliminate, Neutralize, and Disrupt
Wildlife Trafficking Act of 2016 (16 U.S.C. 7621 and 7631),
should be reauthorized to minimize the disruption of the work of
such Task Force.
(b) Definitions.--Section 2 of the Eliminate, Neutralize, and
Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7601) is amended--
(1) in paragraph (3), by inserting ``involving local
communities'' after ``approach to conservation'';
(2) by amending paragraph (4) to read as follows:
``(4) Country of concern.--The term `country of concern'
means a foreign country specially designated by the Secretary of
State pursuant to section 201(b) as a major source of wildlife
trafficking products or their derivatives, a major transit point
of wildlife trafficking products or their derivatives, or a
major consumer of wildlife trafficking products, in which--
``(A) the government has actively engaged in, or
knowingly profited from, the trafficking of protected
species; or
``(B) the government facilitates such trafficking
through conduct that may include a persistent failure to
make serious and sustained efforts to prevent and
prosecute such trafficking.''; and
(3) in paragraph (11), by striking ``section 201'' and
inserting ``section 301''.
(c) Framework for Interagency Response and Reporting.--
(1) Reauthorization of report on major wildlife trafficking
countries.--Section 201 of the Eliminate, Neutralize, and
Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7621) is
amended--
[[Page 136 STAT. 3471]]
(A) in subsection (a), by striking ``annually
thereafter'' and inserting ``biennially thereafter by
June 1 of each year in which a report is required'';
(B) in subsection (b), by striking ``shall
identify'' and all that follows through the end of the
subsection and inserting ``shall also list each country
determined by the Secretary of State to be a country of
concern within the meaning of this Act''; and
(C) by striking subsection (c) and inserting the
following:
``(c) <<NOTE: Federal Register, publication.>> Procedure for
Removing Countries From List.--Concurrently with the first report
required under this section and submitted after the date of the
enactment of this subsection, the Secretary of State, in consultation
with the Secretary of the Interior and the Secretary of Commerce, shall
publish in the Federal Register a procedure for removing from the list
described in subsection (b) any country that no longer meets the
definition of country of concern under section 2(4).
``(d) Sunset.--This section shall cease to have force or effect on
September 30, 2028.''.
(2) Presidential task force on wildlife trafficking
responsibilities.--Section 301(a) of the Eliminate, Neutralize,
and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7631(a))
is amended--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) by redesignating paragraph (5) as paragraph (9);
and
(C) by inserting after paragraph (4) the following:
``(5) pursue programs and develop a strategy--
``(A) to expand the role of technology for anti-
poaching and anti-trafficking efforts, in partnership
with the private sector, foreign governments, academia,
and nongovernmental organizations (including technology
companies and the transportation and logistics sectors);
and
``(B) to enable local governments to develop and use
such technologies;
``(6) consider programs and initiatives that address the
expansion of the illegal wildlife trade to digital platforms,
including the use of digital currency and payment platforms for
transactions by collaborating with the private sector, academia,
and nongovernmental organizations, including social media, e-
commerce, and search engine companies, as appropriate;
``(7)(A) implement interventions to address the drivers of
poaching, trafficking, and demand for illegal wildlife and
wildlife products in focus countries and countries of concern;
``(B) set benchmarks for measuring the effectiveness of such
interventions; and
``(C) consider alignment and coordination with indicators
developed by the Task Force;
``(8) consider additional opportunities to increase
coordination between law enforcement and financial institutions
to identify trafficking activity; and''.
(3) Presidential task force on wildlife trafficking
strategic review.--Section 301 of the Eliminate, Neutralize, and
Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7631), as
amended by paragraph (2), is further amended--
[[Page 136 STAT. 3472]]
(A) in subsection (d)--
(i) in the matter preceding paragraph (1), by
striking ``annually'' and inserting
``biennially'';
(ii) in paragraph (4), by striking ``and'' at
the end;
(iii) in paragraph (5), by striking the period
at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(6) <<NOTE: Analysis.>> an analysis of the indicators
developed by the Task Force, and recommended by the Government
Accountability Office, to track and measure inputs, outputs, law
enforcement outcomes, and the market for wildlife products for
each focus country listed in the report, including baseline
measures, as appropriate, for each indicator in each focus
country to determine the effectiveness and appropriateness of
such indicators to assess progress and whether additional or
separate indicators, or adjustments to indicators, may be
necessary for focus countries.''; and
(B) in subsection (e), by striking ``5 years after''
and all that follows and inserting ``on September 30,
2028''.
SEC. 5944. COST-SHARING REQUIREMENTS APPLICABLE TO CERTAIN BUREAU
OF RECLAMATION DAMS AND DIKES.
Section 4309 of the America's Water Infrastructure Act of 2018 (43
U.S.C. 377b note; Public Law 115-270) is amended--
(1) in the section heading, by inserting ``dams and'' before
``dikes'';
(2) in subsection (a), by striking ``effective beginning on
the date of enactment of this section, the Federal share of the
operations and maintenance costs of a dike described in
subsection (b)'' and inserting ``effective during the one-year
period beginning on the date of the enactment of the James M.
Inhofe National Defense Authorization Act for Fiscal Year 2023,
the Federal share of the dam safety modifications costs of a dam
or dike described in subsection (b), including repairing or
replacing a gate or ancillary gate components,''; and
(3) in subsection (b)--
(A) in the subsection heading, by inserting ``Dams
and '' before ``Dikes'';
(B) in the matter preceding paragraph (1), by
inserting ``dam or'' before ``dike'' each place it
appears; and
(C) in paragraph (2), by striking ``December 31,
1945'' and inserting ``December 31, 1948''.
SEC. 5945. TRANSFER OF NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION PROPERTY IN NORFOLK,
VIRGINIA.
Section 1 of Public Law 110-393 is amended to read as follows:
``SEC. 1. TRANSFER OF NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION PROPERTY IN NORFOLK, VIRGINIA.
``(a) <<NOTE: Deadlines.>> In General.--The Secretary shall convey
all right, title, and interest of the United States in and to the
Norfolk Property to the City, to be used by the City for the purposes of
flood management and control, such that--
``(1) the property described in subsection (k)(3)(A) shall
be conveyed to the City not later than 90 days after the date of
the enactment of this section; and
``(2) the property described in subsection (k)(3)(B) shall
be conveyed to the City not later than the earlier of--
[[Page 136 STAT. 3473]]
``(A) the date on which the Secretary has
transferred all of the employees of the Administration
from the facilities at the Norfolk Property; or
``(B) 8 years after the date of the enactment of
this section.
``(b) Consideration.--
``(1) In general.--As consideration for the conveyance of
the Norfolk Property, the City shall pay to the United States an
amount equal to not less than the fair market value of the
Norfolk Property, as determined by the Secretary, based on the
appraisal described in subsection (g), which may consist of cash
payment, in-kind consideration as described in paragraph (3), or
a combination thereof.
``(2) Sufficiency of consideration.--
``(A) In general.--Consideration paid to the
Secretary under paragraph (1) must be sufficient, as
determined by the Secretary, to provide replacement
space for and relocation of any personnel, furniture,
fixtures, equipment, and personal property of any kind
belonging to the Administration and located upon the
Norfolk Property.
``(B) Completion prior to conveyance.--Any cash
consideration must be paid in full and any in-kind
consideration must be complete, useable, and delivered
to the satisfaction of the Secretary at or prior to the
time of the conveyance of the Norfolk Property.
``(3) In-kind consideration.--In-kind consideration paid by
the City under paragraph (1) may include the acquisition,
construction, provision, improvement, maintenance, repair, or
restoration (including environmental restoration), or
combination thereof, of any facilities or infrastructure with
proximity to the Norfolk Property that the Secretary considers
acceptable.
``(4) Treatment of cash consideration received.--Any cash
consideration received by the United States under paragraph (1)
shall be deposited in the special account in the Treasury under
subparagraph (A) of section 572(b)(5) of title 40, United States
Code, and shall be available in accordance with subparagraph
(B)(ii) of such section.
``(c) Costs of Conveyance.--All reasonable and necessary costs,
including real estate transaction and environmental documentation costs,
associated with the conveyance of the Norfolk Property to the City under
this section may be shared equitably by the Secretary and the City, as
determined by the Secretary, including by the City providing in-kind
contributions for any or all of such costs.
``(d) Proceeds.--Any proceeds from a conveyance of the Norfolk
Property under this section shall--
``(1) be credited as discretionary offsetting collections to
the currently applicable appropriations accounts, or funds of
the Administration; or
``(2) cover costs associated with the conveyance of the
Norfolk Property and related relocation efforts, and shall be
made available for such purposes only to the extent and in the
amounts provided in advance in appropriations Acts.
``(e) Survey.--The exact acreage and legal description of the
Norfolk Property shall be determined by a survey or surveys satisfactory
to the Secretary.
[[Page 136 STAT. 3474]]
``(f) Condition; Quitclaim Deed.--The Norfolk Property shall be
conveyed--
``(1) in an `as is, where is' condition; and
``(2) via a quitclaim deed.
``(g) Fair Market Value.--
``(1) In general.--The fair market value of the Norfolk
Property shall be--
``(A) <<NOTE: Appraisal.>> determined by an
appraisal that--
``(i) is conducted by an independent appraiser
selected by the Secretary; and
``(ii) meets the requirements of paragraph
(2); and
``(B) adjusted, at the discretion of the Secretary,
based on the factors described in paragraph (3).
``(2) Appraisal requirements.--An appraisal conducted under
paragraph (1)(A) shall be conducted in accordance with
nationally recognized appraisal standards, including the Uniform
Standards of Professional Appraisal Practice.
``(3) Factors.--The factors described in this paragraph
are--
``(A) matters of equity and fairness;
``(B) actions taken by the City regarding the
Norfolk Property, including--
``(i) comprehensive waterfront planning, site
development, and other redevelopment activities
supported by the City in proximity to the Norfolk
Property in furtherance of the flood management
and control efforts of the City;
``(ii) in-kind contributions made to
facilitate and support use of the Norfolk Property
by governmental agencies; and
``(iii) maintenance expenses, capital
improvements, or emergency expenditures necessary
to ensure public safety and access to and from the
Norfolk Property; and
``(C) such other factors as the Secretary determines
appropriate.
``(h) Compliance With Comprehensive Environmental Response,
Compensation, and Liability Act of 1980.--In carrying out this section,
the Secretary shall comply with section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9620(h)).
``(i) <<NOTE: Determination.>> Additional Terms and Conditions.--
The Secretary may require such additional terms and conditions in
connection with the conveyance of the Norfolk Property as the Secretary
determines appropriate to protect the interests of the United States.
``(j) <<NOTE: Contracts. Time period.>> Termination.--
Notwithstanding any other provision of law, the Secretary, acting
through the Under Secretary and Administrator of the Administration, is
authorized to enter into a land lease with Mobile County, Alabama for a
period of not less than 40 years, on such terms and conditions as the
Administration deems appropriate, for purposes of construction of a Gulf
of Mexico Disaster Response Center facility, provided that the lease is
at no cost to the government. The Administration may enter into
agreements with State, local, or county governments for purposes of
joint use, operations, and occupancy of such facility.
``(k) Definitions.--In this section:
[[Page 136 STAT. 3475]]
``(1) Administration.--The term `Administration' means the
National Oceanic and Atmospheric Administration.
``(2) City.--The term `City' means the City of Norfolk,
Virginia.
``(3) Norfolk property.--The term `Norfolk Property' means--
``(A) the real property under the administrative
jurisdiction of the Administration, including land and
improvements thereon, located at 538 Front Street,
Norfolk, Virginia, consisting of approximately 3.78
acres; and
``(B) the real property under the administrative
jurisdiction of the Administration, including land and
improvements thereon, located at 439 W. York Street,
Norfolk, Virginia, consisting of approximately 2.5231
acres.
``(4) Secretary.--The term `Secretary' means the Secretary
of Commerce.''.
SEC. 5946. OTHER MATTERS.
(a) Brennan Reef.--
(1) Designation.--The reef described in paragraph (2) shall
be known and designated as ``Brennan Reef'' in honor of the late
Rear Admiral Richard T. Brennan of the National Oceanic and
Atmospheric Administration.
(2) Reef described.--The reef referred to in paragraph (1)
is--
(A) between the San Miguel and Santa Rosa Islands on
the north side of the San Miguel Passage in the Channel
Island National Marine Sanctuary; and
(B) centered at 34 degrees, 03.12 minutes North and
120 degrees, 15.95 minutes West.
(3) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
reef described in paragraph (2) shall be deemed to be a
reference to Brennan Reef.
(b) <<NOTE: 16 USC 1857 note.>> Prohibition on Sale of Shark
Fins.--
(1) Prohibition.--Except as provided in paragraph (3), no
person shall possess, acquire, receive, transport, offer for
sale, sell, or purchase a shark fin or a product containing a
shark fin.
(2) Penalty.--A violation of paragraph (1) shall be treated
as an act prohibited by section 307 of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1857) and
shall be penalized pursuant to section 308 of that Act (16
U.S.C. 1858).
(3) Exceptions.--A person may possess a shark fin that was
taken lawfully pursuant to a Federal, State, or territorial
license or permit to take or land sharks if the shark fin was
separated after the first point of landing in a manner
consistent with the license or permit and is--
(A) destroyed or disposed of immediately upon
separation from the carcass;
(B) used for noncommercial subsistence purposes in
accordance with Federal, State, or territorial law; or
(C) used solely for display or research purposes by
a museum, college, or university pursuant to a Federal,
State, or territorial permit to conduct noncommercial
scientific research.
[[Page 136 STAT. 3476]]
(4) Dogfish exemption.--
(A) In general.--It shall not be a violation of
paragraph (1) for a person to possess, acquire, receive,
transport, offer for sale, sell, or purchase a shark fin
of a smooth dogfish (Mustelus canis) or a spiny dogfish
(Squalus acanthias).
(B) Report.--
(i) <<NOTE: Review. Recommenda- tions.>> In
general.--Not later than January 1, 2027, the
Secretary of Commerce shall review the exemption
provided by subparagraph (A) and submit to
Congress a report regarding such exemption that
includes a recommendation to continue or terminate
the exemption.
(ii) <<NOTE: Analyses.>> Factors.--In
carrying out clause (i), the Secretary of Commerce
shall analyze factors including--
(I) the impact of continuation and
termination of the exemption on the
economic viability of dogfish fisheries;
(II) the impact of continuation and
termination of the exemption on ocean
ecosystems;
(III) the impact of the exemption on
the enforcement of the prohibition
described in paragraph (1); and
(IV) the impact of the exemption on
shark conservation.
(5) Enforcement.--This subsection, and any regulations
issued pursuant thereto, shall be enforced by the Secretary of
Commerce, who may use by agreement, with or without
reimbursement, the personnel, services, equipment, and
facilities of another Federal agency or of a State agency or
Indian Tribe for the purpose of enforcing this subsection.
(6) Rule of construction.--Nothing in this subsection may be
construed to preclude, deny, or limit any right of a State or
territory to adopt or enforce any regulation or standard that is
more stringent than a regulation or standard in effect under
this subsection.
(7) Severability.--If any provision of this subsection, or
the application thereof to any person or circumstance, is held
invalid, the validity of the remainder of the subsection and of
the application of any such provision to other persons and
circumstances shall not be affected thereby.
(8) Shark fin defined.--In this subsection, the term ``shark
fin'' means the unprocessed, dried, or otherwise processed
detached fin or tail of a shark.
SEC. 5947. <<NOTE: Deadlines.>> ENHANCING TRANSPARENCY ON
INTERNATIONAL AGREEMENTS AND NON-BINDING
INSTRUMENTS.
(a) Section 112b of Title 1, United States Code.--
(1) In general.--Section 112b of title 1, United States
Code, is amended to read as follows:
``Sec. 112b. United States international agreements and non-
binding instruments; transparency provisions
``(a)(1) <<NOTE: Lists.>> Not less frequently than once each month,
the Secretary shall provide in writing to the Majority Leader of the
Senate, the Minority Leader of the Senate, the Speaker of the House of
[[Page 136 STAT. 3477]]
Representatives, the Minority Leader of the House of Representatives,
and the appropriate congressional committees the following:
``(A)(i) A list of all international agreements and
qualifying non-binding instruments signed, concluded, or
otherwise finalized during the prior month.
``(ii) The text of all international agreements and
qualifying non-binding instruments described in clause (i).
``(iii) A detailed description of the legal authority that,
in the view of the Secretary, provides authorization for each
international agreement and that, in the view of the appropriate
department or agency, provides authorization for each qualifying
non-binding instrument provided under clause (ii) to become
operative. If multiple authorities are relied upon in relation
to an international agreement, the Secretary shall cite all such
authorities, and if multiple authorities are relied upon in
relation to a qualifying non-binding instrument, the appropriate
department or agency shall cite all such authorities. All
citations to the Constitution of the United States, a treaty, or
a statute shall include the specific article or section and
subsection reference whenever available and, if not available,
shall be as specific as possible. If the authority relied upon
is or includes article II of the Constitution of the United
States, the Secretary or appropriate department or agency shall
explain the basis for that reliance.
``(B)(i) A list of all international agreements that entered
into force and qualifying non-binding instruments that became
operative for the United States or an agency of the United
States during the prior month.
``(ii) The text of all international agreements and
qualifying non-binding instruments described in clause (i) if
such text differs from the text of the agreement or instrument
previously provided pursuant to subparagraph (A)(ii).
``(iii) A statement describing any new or amended statutory
or regulatory authority anticipated to be required to fully
implement each proposed international agreement and qualifying
non-binding instrument included in the list described in clause
(i).
``(2) The information and text required by paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
``(b)(1) Not later than 120 days after the date on which an
international agreement enters into force, the Secretary shall make the
text of the agreement, and the information described in subparagraphs
(A)(iii) and (B)(iii) of subsection (a)(1) relating to the agreement,
available to the public on the website of the Department of State.
``(2) <<NOTE: Public information. Web posting.>> Not less
frequently than once every 120 days, the Secretary shall make the text
of each qualifying non-binding instrument that became operative during
the preceding 120 days, and the information described in subparagraphs
(A)(iii) and (B)(iii) of subsection (a)(1) relating to each such
instrument, available to the public on the website of the Department of
State.
``(3) The requirements under paragraphs (1) and (2) shall not apply
to the following categories of international agreements or qualifying
non-binding instruments, or to information described in subparagraphs
(A)(iii) and (B)(iii) of subsection (a)(1) relating to such agreements
or qualifying non-binding instruments:
[[Page 136 STAT. 3478]]
``(A) International agreements and qualifying non-binding
instruments that contain information that has been given a
national security classification pursuant to Executive Order
13526 (50 U.S.C. 3161 note; relating to classified national
security information) or any predecessor or successor order, or
that contain any information that is otherwise exempt from
public disclosure pursuant to United States law.
``(B) International agreements and qualifying non-binding
instruments that address military operations, military
exercises, acquisition and cross servicing, logistics support,
military personnel exchange or education programs, or the
provision of health care to military personnel on a reciprocal
basis.
``(C) International agreements and qualifying non-binding
instruments that establish the terms of grant or other similar
assistance, including in-kind assistance, financed with foreign
assistance funds pursuant to the Foreign Assistance Act of 1961
(22 U.S.C. 2151 et seq.) or the Food for Peace Act (7 U.S.C.
1691 et seq.).
``(D) International agreements and qualifying non-binding
instruments, such as project annexes and other similar
instruments, for which the principal function is to establish
technical details for the implementation of a specific project
undertaken pursuant to another agreement or qualifying non-
binding instrument that has been published in accordance with
paragraph (1) or (2).
``(E) International agreements and qualifying non-binding
instruments that have been separately published by a depositary
or other similar administrative body, except that the Secretary
shall make the information described in subparagraphs (A)(iii)
and (B)(iii) of subsection (a)(1), relating to such agreements
or qualifying non-binding instruments, available to the public
on the website of the Department of State within the timeframes
required by paragraph (1) or (2).
``(c) For any international agreement or qualifying non-binding
instrument for which an implementing agreement or arrangement, or any
document of similar purpose or function to the aforementioned regardless
of the title of the document, is not otherwise required to be submitted
to the Majority Leader of the Senate, the Minority Leader of the Senate,
the Speaker of the House of Representatives, the Minority Leader of the
House of Representatives, and the appropriate congressional committees
under subparagraphs (A)(ii) or (B)(ii) of subsection (a)(1), not later
than 30 days after the date on which the Secretary receives a written
communication from the Chair or Ranking Member of either of the
appropriate congressional committees requesting the text of any such
implementing agreements or arrangements, whether binding or non-binding,
the Secretary shall submit such implementing agreements or arrangements
to the Majority Leader of the Senate, the Minority Leader of the Senate,
the Speaker of the House of Representatives, the Minority Leader of the
House of Representatives, and the appropriate congressional committees.
``(d) Any department or agency of the United States Government that
enters into any international agreement or qualifying non-binding
instrument on behalf of itself or the United States shall--
``(1) provide to the Secretary the text of each
international agreement not later than 15 days after the date on
which such agreement is signed or otherwise concluded;
[[Page 136 STAT. 3479]]
``(2) provide to the Secretary the text of each qualifying
non-binding instrument not later than 15 days after the date on
which such instrument is concluded or otherwise becomes
finalized;
``(3) provide to the Secretary a detailed description of the
legal authority that provides authorization for each qualifying
non-binding instrument to become operative not later than 15
days after such instrument is signed or otherwise becomes
finalized; and
``(4) on an ongoing basis, provide any implementing material
to the Secretary for transmittal to the Majority Leader of the
Senate, the Minority Leader of the Senate, the Speaker of the
House of Representatives, the Minority Leader of the House of
Representatives, and the appropriate congressional committees as
needed to satisfy the requirements described in subsection (c).
``(e)(1) <<NOTE: Designation.>> Each department or agency of the
United States Government that enters into any international agreement or
qualifying non-binding instrument on behalf of itself or the United
States shall designate a Chief International Agreements Officer, who
shall--
``(A) be selected from among employees of such department or
agency;
``(B) serve concurrently as the Chief International
Agreements Officer; and
``(C) subject to the authority of the head of such
department or agency, have department- or agency-wide
responsibility for efficient and appropriate compliance with
this section.
``(2) There shall be a Chief International Agreements Officer who
serves at the Department of State with the title of International
Agreements Compliance Officer.
``(f) The substance of oral international agreements shall be
reduced to writing for the purpose of meeting the requirements of
subsections (a) and (b).
``(g) Notwithstanding any other provision of law, an international
agreement may not be signed or otherwise concluded on behalf of the
United States without prior consultation with the Secretary. Such
consultation may encompass a class of agreements rather than a
particular agreement.
``(h)(1) <<NOTE: Time period. Audit.>> Not later than 3 years after
the date of the enactment of this section, and not less frequently than
once every 3 years thereafter during the 9-year period beginning on the
date of the enactment of this section, the Comptroller General of the
United States shall conduct an audit of the compliance of the Secretary
with the requirements of this section.
``(2) <<NOTE: Determinations.>> In any instance in which a failure
by the Secretary to comply with such requirements is determined by the
Comptroller General to have been due to the failure or refusal of
another agency to provide information or material to the Department of
State, or the failure to do so in a timely manner, the Comptroller
General shall engage such other agency to determine--
``(A) the cause and scope of such failure or refusal;
``(B) the specific office or offices responsible for such
failure or refusal; and
``(C) <<NOTE: Recommenda- tions.>> recommendations for
measures to ensure compliance with statutory requirements.
[[Page 136 STAT. 3480]]
``(3) The Comptroller General shall submit to the Majority Leader of
the Senate, the Minority Leader of the Senate, the Speaker of the House
of Representatives, the Minority Leader of the House of Representatives,
and the appropriate congressional committees in writing the results of
each audit required by paragraph (1).
``(4) <<NOTE: Public information. Web posting.>> The Comptroller
General and the Secretary shall make the results of each audit required
by paragraph (1) publicly available on the websites of the Government
Accountability Office and the Department of State, respectively.
``(i) <<NOTE: President. Regulations.>> The President shall,
through the Secretary, promulgate such rules and regulations as may be
necessary to carry out this section.
``(j) It is the sense of Congress that the executive branch should
not prescribe or otherwise commit to or include specific legislative
text in a treaty, executive agreement, or non-binding instrument unless
Congress has authorized such action.
``(k) <<NOTE: Definitions.>> In this section:
``(1) The term `appropriate congressional committees'
means--
``(A) the Committee on Foreign Relations of the
Senate; and
``(B) the Committee on Foreign Affairs of the House
of Representatives.
``(2) The term `appropriate department or agency' means the
department or agency of the United States Government that
negotiates and enters into a qualifying non-binding instrument
on behalf of itself or the United States.
``(3) The term `intelligence community' has the meaning
given that term in section 3(4) of the National Security Act of
1947 (50 U.S.C. 3003(4)).
``(4) The term `international agreement' includes--
``(A) any treaty that requires the advice and
consent of the Senate, pursuant to article II of the
Constitution of the United States; and
``(B) any other international agreement to which the
United States is a party and that is not subject to the
advice and consent of the Senate.
``(5) The term `qualifying non-binding instrument'--
``(A) except as provided in subparagraph (B), means
a non-binding instrument that--
``(i) is or will be under negotiation, is
signed or otherwise becomes operative, or is
implemented with one or more foreign governments,
international organizations, or foreign entities,
including non-state actors; and
``(ii)(I) could reasonably be expected to have
a significant impact on the foreign policy of the
United States; or
``(II) is the subject of a written
communication from the Chair or Ranking Member of
either of the appropriate congressional committees
to the Secretary; and
``(B) does not include any non-binding instrument
that is signed or otherwise becomes operative or is
implemented pursuant to the authorities relied upon by
the Department
[[Page 136 STAT. 3481]]
of Defense, the Armed Forces of the United States, or
any element of the intelligence community.
``(6) The term `Secretary' means the Secretary of State.
``(7)(A) The term `text' with respect to an international
agreement or qualifying non-binding instrument includes--
``(i) any annex, appendix, codicil, side agreement,
side letter, or any document of similar purpose or
function to the aforementioned, regardless of the title
of the document, that is entered into contemporaneously
and in conjunction with the international agreement or
qualifying non-binding instrument; and
``(ii) any implementing agreement or arrangement, or
any document of similar purpose or function to the
aforementioned regardless of the title of the document,
that is entered into contemporaneously and in
conjunction with the international agreement or
qualifying non-binding instrument.
``(B) As used in subparagraph (A), the term
`contemporaneously and in conjunction with'--
``(i) shall be construed liberally; and
``(ii) may not be interpreted to require any action
to have occurred simultaneously or on the same day.
``(l) Nothing in this section may be construed--
``(1) to authorize the withholding from disclosure to the
public of any record if such disclosure is required by law; or
``(2) to require the provision of any implementing agreement
or arrangement, or any document of similar purpose or function
regardless of its title, which was entered into by the
Department of Defense, the Armed Forces of the United States, or
any element of the intelligence community or any implementing
material originating with the aforementioned agencies, if such
implementing agreement, arrangement, document, or material was
not required to be provided to the Majority Leader of the
Senate, the Minority Leader of the Senate, the Speaker of the
House of Representatives, the Minority Leader of the House of
Representatives, or the appropriate congressional committees
prior to the date of the enactment of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 2 of title 1, United States Code, <<NOTE: 1
USC prec. 101.>> is amended by striking the item relating to
section 112b and inserting the following:
``112b. United States international agreements and non-binding
instruments; transparency provisions.''.
(3) Technical and conforming amendment relating to
authorities of the secretary of state.--Section 317(h)(2) of the
Homeland Security Act of 2002 (6 U.S.C. 195c(h)(2)) is amended
by striking ``Section 112b(c)'' and inserting ``Section
112b(g)''.
(4) <<NOTE: 1 USC 112b note.>> Mechanism for reporting.--
Not later than 270 days after the date of the enactment of this
Act, the Secretary of State shall establish a mechanism for
personnel of the Department of State who become aware or who
have reason to believe that the requirements under section 112b
of title 1, United States Code, as amended by paragraph (1),
have
[[Page 136 STAT. 3482]]
not been fulfilled with respect to an international agreement or
qualifying non-binding instrument (as such terms are defined in
such section) to report such instances to the Secretary.
(5) <<NOTE: President. 1 USC 112b note.>> Rules and
regulations.--Not later than 180 days after the date of the
enactment of this Act, the President, through the Secretary of
State, shall promulgate such rules and regulations as may be
necessary to carry out section 112b of title 1, United States
Code, as amended by paragraph (1).
(6) <<NOTE: 1 USC 112b note.>> Consultation and briefing
requirement.--
(A) Consultation.--The Secretary of State shall
consult with the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House
of Representatives on matters related to the
implementation of this section and the amendments made
by this section before and after the effective date
described in subsection (c).
(B) <<NOTE: Deadlines.>> Briefing.--Not later than
90 days after the date of the enactment of this Act, and
once every 90 days thereafter for 1 year, the Secretary
shall brief the Committee on Foreign Relations of the
Senate, the Committee on Appropriations of the Senate,
the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Appropriations of
the House of Representatives regarding the status of
efforts to implement this section and the amendments
made by this section.
(7) <<NOTE: Time period.>> Authorization of
appropriations.--There is authorized to be appropriated to the
Department of State $1,000,000 for each of the fiscal years 2023
through 2027 for purposes of implementing the requirements of
section 112b of title 1, United States Code, as amended by
paragraph (1).
(b) Section 112a of Title 1, United States Code.--Section 112a of
title 1, United States Code, is amended--
(1) by striking subsections (b), (c), and (d); and
(2) by inserting after subsection (a) the following:
``(b) <<NOTE: Records.>> Copies of international agreements and
qualifying non-binding instruments in the possession of the Department
of State, but not published, other than the agreements described in
section 112b(b)(3)(A), shall be made available by the Department of
State upon request.''.
(c) <<NOTE: 1 USC 112a note.>> Effective Date of Amendments.--The
amendments made by this section shall take effect on the date that is
270 days after the date of the enactment of this Act.
SEC. 5948. <<NOTE: Ukraine Invasion War Crimes Deterrence and
Accountability Act. 22 USC 8902 note.>>
UKRAINE INVASION WAR CRIMES DETERRENCE
AND ACCOUNTABILITY ACT.
(a) Short Title.--This section may be cited as the ``Ukraine
Invasion War Crimes Deterrence and Accountability Act''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) in its premeditated, unprovoked, unjustified, and
unlawful full-scale invasion of Ukraine that commenced on
February 24, 2022, the military of the Government of the Russian
Federation under the direction of President Vladimir Putin has
committed war crimes that include but are not limited to--
(A) the deliberate targeting of civilians and
injuring or killing of noncombatants;
[[Page 136 STAT. 3483]]
(B) the deliberate targeting and attacking of
hospitals, schools, and other non-military buildings
dedicated to religion, art, science, or charitable
purposes, such as the bombing of a theater in Mariupol
that served as a shelter for noncombatants and had the
word ``children'' written clearly in the Russian
language outside;
(C) the indiscriminate bombardment of undefended
dwellings and buildings;
(D) the wanton destruction of property not justified
by military necessity;
(E) unlawful civilian deportations;
(F) the taking of hostages; and
(G) rape, or sexual assault or abuse;
(2) the use of chemical weapons by the Government of the
Russian Federation in Ukraine would constitute a war crime, and
engaging in any military preparations to use chemical weapons or
to develop, produce, stockpile, or retain chemical weapons is
prohibited by the Chemical Weapons Convention, to which the
Russian Federation is a signatory;
(3) Vladimir Putin has a long record of committing acts of
aggression, systematic abuses of human rights, and acts that
constitute war crimes or other atrocities both at home and
abroad, and the brutality and scale of these actions, including
in the Russian Federation republic of Chechnya, Georgia, Syria,
and Ukraine, demonstrate the extent to which his regime is
willing to flout international norms and values in the pursuit
of its objectives;
(4) Vladimir Putin has previously sanctioned the use of
chemical weapons at home and abroad, including in the poisonings
of Russian spy turned double agent Sergei Skripal and his
daughter Yulia and leading Russian opposition figure Aleksey
Navalny, and aided and abetted the use of chemical weapons by
President Bashar al-Assad in Syria; and
(5) in 2014, the Government of the Russian Federation
initiated its unprovoked war of aggression against Ukraine which
resulted in its illegal occupation of Crimea, the unrecognized
declaration of independence by the so-called ``Donetsk People's
Republic'' and ``Luhansk People's Republic'' by Russia-backed
proxies, and numerous human rights violations and deaths of
civilians in Ukraine.
(c) Statement of Policy.--It is the policy of the United States--
(1) to collect, analyze, and preserve evidence and
information related to war crimes and other atrocities committed
during the full-scale Russian invasion of Ukraine that began on
February 24, 2022, for use in appropriate domestic, foreign, and
international courts and tribunals prosecuting those responsible
for such crimes consistent with applicable law, including with
the American Service Members' Protection Act of 2002 (22 U.S.C.
7421 et seq.);
(2) to help deter the commission of war crimes and other
atrocities in Ukraine by publicizing to the maximum possible
extent, including among Russian and other foreign military
commanders and troops in Ukraine, efforts to identify and
prosecute those responsible for the commission of war crimes
during the full-scale Russian invasion of Ukraine that began on
February 24, 2022; and
[[Page 136 STAT. 3484]]
(3) to continue efforts to identify, deter, and pursue
accountability for war crimes and other atrocities committed
around the world and by other perpetrators, and to leverage
international cooperation and best practices in this regard with
respect to the current situation in Ukraine.
(d) <<NOTE: President.>> Report on United States Efforts.--Not
later than 90 days after the date of the enactment of this Act, and
consistent with the protection of intelligence sources and methods, the
President shall submit to the appropriate congressional committees a
report, which may include a classified annex, describing in detail the
following:
(1) United States Government efforts to collect, analyze,
and preserve evidence and information related to war crimes and
other atrocities committed during the full-scale Russian
invasion of Ukraine since February 24, 2022, including a
description of--
(A) the respective roles of various agencies,
departments, and offices, and the interagency mechanism
established for the coordination of such efforts;
(B) the types of information and evidence that are
being collected, analyzed, and preserved to help
identify those responsible for the commission of war
crimes or other atrocities during the full-scale Russian
invasion of Ukraine in 2022; and
(C) steps taken to coordinate with, and support the
work of, allies, partners, international institutions
and organizations, and nongovernmental organizations in
such efforts.
(2) Media, public diplomacy, and information operations to
make Russian military commanders, troops, political leaders and
the Russian people aware of efforts to identify and prosecute
those responsible for the commission of war crimes or other
atrocities during the full-scale Russian invasion of Ukraine in
2022, and of the types of acts that may be prosecutable.
(3) The process for a domestic, foreign, or international
court or tribunal to request and obtain from the United States
Government information related to war crimes or other atrocities
committed during the full-scale Russian invasion of Ukraine in
2022.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee
on the Judiciary, the Committee on Armed Services, and
the Permanent Select Committee on Intelligence of the
House of Representatives; and
(B) the Committee on Foreign Relations, the
Committee on the Judiciary, the Committee on Armed
Services, and the Select Committee on Intelligence of
the Senate.
(2) Atrocities.--The term ``atrocities'' has the meaning
given that term in section 6(2) of the Elie Wiesel Genocide and
Atrocities Prevention Act of 2018 (Public Law 115-441; 22 U.S.C.
2656 note).
(3) War crime.--The term ``war crime'' has the meaning given
that term in section 2441(c) of title 18, United States Code.
[[Page 136 STAT. 3485]]
SEC. 5949. <<NOTE: 41 USC 4713 note.>> PROHIBITION ON CERTAIN
SEMICONDUCTOR PRODUCTS AND SERVICES.
(a) Prohibition on Use or Procurement.--
(1) In general.--The head of an executive agency may not--
(A) procure or obtain, or extend or renew a contract
to procure or obtain, any electronic parts, products, or
services that include covered semiconductor products or
services; or
(B) enter into a contract (or extend or renew a
contract) with an entity to procure or obtain electronic
parts or products that use any electronic parts or
products that include covered semiconductor products or
services.
(2) Rule of construction.--
(A) In general.--Nothing in paragraph (1) shall be
construed--
(i) to require any covered semiconductor
products or services resident in equipment,
systems, or services as of the day before the
applicable effective date specified in subsection
(c) to be removed or replaced;
(ii) to prohibit or limit the utilization of
such covered semiconductor products or services
throughout the lifecycle of such existing
equipment;
(iii) to require the recipient of a Federal
contract, grant, loan, or loan guarantee to
replace covered semiconductor products or services
resident in equipment, systems, or services before
the effective date specified in subsection (c); or
(iv) to require the Federal Communications
Commission to designate covered semiconductor
products or services to its Covered Communications
Equipment or Services List maintained under
section 2 of the Secured and Trusted
Communications Networks Act of 2019 (47 U.S.C.
1603).
(B) Contracting prohibition.--Nothing in paragraph
(1)(B) shall be construed to cover products or services
that include covered semiconductor products or services
in a system that is not a critical system.
(b) <<NOTE: Determinations.>> Waiver Authority.--
(1) Secretary of defense.--The Secretary of Defense may
provide a waiver on a date later than the effective date
described in subsection (c) if the Secretary determines the
waiver is in the critical national security interests of the
United States.
(2) Director of national intelligence.--The Director of
National Intelligence may provide a waiver on a date later than
the effective date described in subsection (c) if the Director
determines the waiver is in the critical national security
interests of the United States.
(3) Secretary of commerce.--The Secretary of Commerce, in
consultation with the Director of National Intelligence or the
Secretary of Defense, may provide a waiver on a date later than
the effective date described in subsection (c) if the Secretary
determines the waiver is in the critical national security
interests of the United States.
(4) Secretary of homeland security.--The Secretary of
Homeland Security, in consultation with the Director of
[[Page 136 STAT. 3486]]
National Intelligence or the Secretary of Defense, may provide a
waiver on a date later than the effective date described in
subsection (c) if the Secretary determines the waiver is in the
critical national security interests of the United States.
(5) Secretary of energy.--The Secretary of Energy, in
consultation with the Director of National Intelligence or the
Secretary of Defense, may provide a waiver on a date later than
the effective date described in subsection (c) if the Secretary
determines the waiver is in the critical national security
interests of the United States.
(6) <<NOTE: Time period.>> Executive agencies.--The head of
an executive agency may waive, for a renewable period of not
more than two years per waiver, the prohibitions under
subsection (a) if--
(A) the head of the agency, in consultation with the
Secretary of Commerce, determines that no compliant
product or service is available to be procured as, and
when, needed at United States market prices or a price
that is not considered prohibitively expensive; and
(B) the head of the agency, in consultation with the
Secretary of Defense or the Director of National
Intelligence, determines that such waiver could not
reasonably be expected to compromise the critical
national security interests of the United States.
(7) Report to congress.--Not later than 30 days after
granting a waiver under this subsection, the head of the
executive agency granting such waiver shall submit to the
appropriate committees of Congress and leadership a report with
a notification of such waiver, including a justification for the
waiver.
(c) Effective Dates and Regulations.--
(1) Effective date.--The prohibitions under subsection (a)
shall take effect five years after the date of the enactment of
this Act.
(2) <<NOTE: Deadline.>> Regulations.--Not later than three
years after the date of the enactment of this Act, the Federal
Acquisition Regulatory Council shall prescribe regulations
implementing the prohibitions under subsection (a), including a
requirement for prime contractors to incorporate the substance
of such prohibitions and applicable implementing contract
clauses into contracts for the supply of electronic parts or
products.
(d) Office of Management and Budget Report and Briefing.--Not later
than 270 days after the effective date described in subsection (c)(1),
the Director of the Office of Management and Budget, in coordination
with the Director of National Intelligence and the National Cyber
Director, shall provide to the appropriate committees of Congress and
leadership a report and briefing on--
(1) the implementation of the prohibitions under subsection
(a), including any challenges in the implementation; and
(2) the effectiveness and utility of the waiver authority
under subsection (b).
(e) Analysis, Assessment, and Strategy.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Commerce,
in coordination with the Secretary of Defense, the Secretary of Homeland
Security, the Director of National Intelligence, and the Secretary of
Energy and, to the greatest extent
[[Page 136 STAT. 3487]]
practicable, leveraging relevant previous analyses and assessments,
shall--
(1) conduct an analysis of semiconductor design and
production capacity domestically and by allied or partner
countries required to meet the needs of the Federal Government,
including analyses regarding--
(A) semiconductors critical to national security, as
determined by the Secretary of Commerce, in consultation
with the Secretary of Defense and the Director of
National Intelligence, in accordance with section
9902(a)(6)(A)(i) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283); and
(B) semiconductors classified as legacy
semiconductors pursuant to section 9902(a)(6)(A)(i) of
William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-
283);
(2) assess the risk posed by the presence of covered
semiconductor products or services in Federal systems;
(3) assess the risk posed by the presence of covered
semiconductor products or services in the supply chains of
Federal contractors and subcontractors, including for non-
Federal systems;
(4) develop a strategy to--
(A) improve the availability of domestic
semiconductor design and production capacity required to
meet the requirements of the Federal Government;
(B) support semiconductor product and service
suppliers seeking to contract with domestic, allied, or
partner semiconductor producers and to improve supply
chain traceability, including to meet the prohibitions
under subsection (a); and
(C) <<NOTE: Certification.>> either certify the
feasibility of implementing such prohibitions or
exercising waiver authorities under subsection (b), to
ensure uninterrupted Federal Government access to
required semiconductor products and services; and
(5) provide the results of the analysis, assessment, and
strategy developed under paragraphs (1) through (4) to the
Federal Acquisition Security Council.
(f) Governmentwide Traceability and Diversification Initiative.--
(1) <<NOTE: Deadlines.>> In general.--Not later than two
years after the date of the enactment of this Act, the Secretary
of Commerce, in coordination with the Secretary of Homeland
Security, the Secretary of Defense, the Director of National
Intelligence, the Director of the Office of Management and
Budget, and the Director of the Office of Science and Technology
Policy, and in consultation with industry, shall establish a
microelectronics traceability and diversification initiative to
coordinate analysis of and response to the Federal Government
microelectronics supply chain vulnerabilities.
(2) Elements.--The initiative established under paragraph
(1) shall include the following elements:
(A) Sharing best practices, refining
microelectronics standards, such as those established
pursuant to section 224 of the National Defense
Authorization Act for Fiscal
[[Page 136 STAT. 3488]]
Year 2020 (Public Law 116-92), and developing
recommendations to identify and mitigate, through
diversification efforts, microelectronics supply chain
concerns.
(B) Developing an assessment framework to inform
Federal decisions on sourcing microelectronics,
considering--
(i) chain of custody and traceability,
including origin and location of design,
manufacturing, distribution, shipping, and
quantities;
(ii) confidentiality, including protection,
verification, and validation of intellectual
property included in microelectronics;
(iii) integrity, including--
(I) security weaknesses and
vulnerabilities that include potential
supply chain attacks;
(II) risk analysis and consequence
to system;
(III) risk of intentional or
unintentional modification or tampering;
and
(IV) risk of insider threats,
including integrity of people and
processes involved in the design and
manufacturing of microelectronics; and
(iv) availability, including--
(I) potential supply chain
disruptions, including due to natural
disasters or geopolitical events;
(II) prioritization of parts
designed and manufactured in the United
States and in allied or partner
countries to support and sustain the
defense and technology industrial base;
(III) risk associated with sourcing
parts from suppliers outside of the
United States and allied and partner
countries, including long-term impacts
on availability of microelectronics
produced domestically or in allied or
partner countries; and
(IV) obsolescence management and
counterfeit avoidance and detection.
(C) Developing a process for provenance and
traceability from design to disposal of microelectronics
components and intellectual property contained therein
implementable across the Federal acquisition system to
improve reporting, data analysis, and tracking.
(D) Developing and implementing policies and plans
to support the following:
(i) Development of domestic design and
manufacturing capabilities to replace covered
semiconductor products or services.
(ii) Utilization of the assessment framework
developed under subparagraph (B).
(iii) Implementation of the strategy required
under subsection (e)(4) as applicable.
(iv) Identification of and integration with
existing information reporting and data
visualization systems in the Federal Government,
including modification to such systems to track
the information.
(v) A requirement to document microelectronics
used in systems and subsystems, including origin
and
[[Page 136 STAT. 3489]]
location of design and manufacturing, technologies
used, and quantities procured.
(vi) Elimination from Federal Government
supply chains of microelectronics from entities
included on the Consolidated Screening List
maintained by the International Trade
Administration of the Department of Commerce.
(3) Coordination required.--In carrying out this subsection,
the Secretary of Commerce shall coordinate, as necessary, with
the following entities:
(A) The National Science and Technology Council
Subcommittee on Microelectronics Leadership.
(B) The Department of Commerce semiconductor
industrial advisory committee established under
subsection 9906(b) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283).
(C) The White House Coordinator for CHIPS
Implementation.
(D) The Federal Acquisition Security Council (FASC).
(E) The Government-Industry Working Group on
Microelectronics.
(F) The Joint Defense Manufacturing Technology Panel
(JDMTP).
(G) Standards development organizations.
(g) <<NOTE: Deadline.>> Federal Acquisition Security Council.--Not
later than two years after the date of the enactment of this Act, the
Federal Acquisition Security Council, in consultation with the Secretary
of Commerce, the Secretary of Defense, the Secretary of Homeland
Security, the Director of National Intelligence, and the Secretary of
Energy, and after engagement with the private sector and other
nongovernmental stakeholders in accordance with section 1323 of title
41, United States Code, shall--
(1) <<NOTE: Recommenda- tions.>> issue recommendations to
mitigate supply chain risks relevant to Federal Government
acquisition of semiconductor products and services,
considering--
(A) the analysis, assessment, and strategy developed
under subsection (e) and any related updates;
(B) the standards provided under section 224 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92), including any tiers of trust,
levels of security, or risk-based approaches established
under such section;
(C) the extent to which such recommendations would
enhance the security of critical systems;
(D) the extent to which such recommendations would
impact Federal access to commercial technologies; and
(E) any risks to the Federal Government from
contracting with microelectronics suppliers that include
covered semiconductor products or services in non-
Federal supply chains; and
(2) make recommendations to the Federal Acquisition
Regulatory Council and the heads of executive agencies for any
needed regulations to mitigate supply chain risks.
(h) Applicability and Responsibilities of Covered Entities and
Contractors.--The regulations prescribed pursuant to subsection (c)(2)
shall--
[[Page 136 STAT. 3490]]
(1) provide that contractors who supply a Federal agency
with electronic parts or products are responsible for--
(A) certifying to the non-use of covered
semiconductor products or services in such parts or
products;
(B) detecting and avoiding the use or inclusion of
such covered semiconductor products or services in such
parts or products; and
(C) any rework or corrective action that may be
required to remedy the use or inclusion of such covered
semiconductor products or services in such parts or
products;
(2) <<NOTE: Requirement.>> require covered entities to
disclose to direct customers the inclusion of a covered
semiconductor product or service in electronic parts, products,
or services included in electronic parts, products, or services
subject to the contracting prohibition under subsection (a) as
to whether such supplied parts, products, or services include
covered semiconductors products or services;
(3) provide that a covered entity that fails to disclose the
inclusion to direct customers of a covered semiconductor product
or service in electronic parts, products, or services procured
or obtained by an executive agency in contravention of
subsection (a) shall be responsible for any rework or corrective
action that may be required to remedy the use or inclusion of
such covered semiconductor product or service;
(4) provide that the costs of covered semiconductor products
or services, suspect semiconductor products, and any rework or
corrective action that may be required to remedy the use or
inclusion of such products are not allowable costs for Federal
contracts;
(5) <<NOTE: Deadlines.>> provide that--
(A) <<NOTE: Notification.>> any covered entity or
Federal contractor or subcontractor who becomes aware,
or has reason to suspect, that any end item, component,
or part of a critical system purchased by the Federal
Government, or purchased by a Federal contractor or
subcontractor for delivery to the Federal Government for
any critical system, that contains covered semiconductor
products or services shall notify appropriate Federal
authorities in writing within 60 days; and
(B) <<NOTE: Reports.>> the Federal authorities
shall report such information to the appropriate
committees of Congress and leadership within 120 days;
(6) provide that Federal bidders and contractors--
(A) may reasonably rely on the certifications of
compliance from covered entities and subcontractors who
supply electronic parts, products, or services when
providing proposals to the Federal Government; and
(B) are not required to conduct independent third
party audits or other formal reviews related to such
certifications;
(7) provide that a Federal contractor or subcontractor that
provides a notification under paragraph (5) that does not regard
electronic parts or products manufactured or assembled by such
Federal contractor or subcontractor shall not be subject to
civil liability nor determined to not be a presently responsible
contractor on the basis of such notification; and
[[Page 136 STAT. 3491]]
(8) provide that a Federal contractor or subcontractor that
provides a notification under paragraph (5) that regards
electronic parts or products manufactured or assembled by such
Federal contractor or subcontractor shall not be subject to
civil liability nor determined to not be a presently responsible
contractor on the basis of such notification if the Federal
contractor or subcontractor makes a comprehensive and
documentable effort to identify and remove covered semiconductor
products or services from the Federal supply.
(i) Reports.--
(1) Secretary of commerce.--Not later than 60 days after
completing the assessment required under subsection (e), the
Secretary of Commerce shall submit to the appropriate committees
of Congress and leadership--
(A) a report of the findings and recommendations of
the analyses, assessment, and strategy developed under
such subsection; and
(B) a report on development of the microelectronics
traceability and diversification initiative under
subsection (f)(1).
(2) Federal acquisition security council.--Not later than
one year after the date of the enactment of this Act, and
annually thereafter for ten years, the Federal Acquisition
Security Council shall include in the annual report submitted
under section 1325 of title 41, United States Code, a
description of--
(A) the development of recommendations under
subsection (g), including the considerations described
in paragraph (1) of such subsection; and
(B) as applicable, the impact of any recommendations
or regulations implemented.
(j) Definitions.--In this section:
(1) Appropriate committees of congress and leadership.--The
term ``appropriate committees of Congress and leadership''
means--
(A) the Committee on Armed Services, the Committee
on Commerce, Science, and Transportation, the Committee
on Homeland Security and Governmental Affairs, the
Committee on Energy and Natural Resources, the Committee
on Foreign Relations, the Committee on Banking, Housing,
and Urban Affairs, the Select Committee on Intelligence,
and the majority and minority leaders of the Senate; and
(B) the Committee on Armed Services, the Committee
on Energy and Commerce, the Committee on Science, Space,
and Technology, the Committee on Oversight and Reform,
the Committee on Foreign Affairs, the Committee on
Homeland Security, the Permanent Select Committee on
Intelligence, and the Speaker, the majority leader, and
the minority leader of the of the House of
Representatives.
(2) Covered entity.--The term ``covered entity'' means an
entity that--
(A) develops, domestically or abroad, a design of a
semiconductor that is the direct product of United
States origin technology or software; and
(B) purchases covered semiconductor products or
services from an entity described in subparagraph (A) or
(C) of paragraph (3).
[[Page 136 STAT. 3492]]
(3) Covered semiconductor product or services.--The term
``covered semiconductor product or services'' means any of the
following:
(A) A semiconductor, a semiconductor product, a
product that incorporates a semiconductor product, or a
service that utilizes such a product, that is designed,
produced or provided by, Semiconductor Manufacturing
International Corporation (SMIC) (or any subsidiary,
affiliate, or successor of such entity).
(B) A semiconductor, a semiconductor product, a
product that incorporates a semiconductor product, or a
service that utilizes such a product, that is designed,
produced, or provided by ChangXin Memory Technologies
(CXMT) or Yangtze Memory Technologies Corp (YMTC) (or
any subsidiary, affiliate, or successor of such
entities).
(C) A semiconductor, semiconductor product, or
semiconductor service produced or provided by an entity
that the Secretary of Defense or the Secretary of
Commerce, in consultation with the Director of the
National Intelligence or the Director of the Federal
Bureau of Investigation, determines to be an entity
owned or controlled by, or otherwise connected to, the
government of a foreign country of concern, provided
that the determination with respect to such entity is
published in the Federal Register.
(4) Critical system.--The term ``critical system''--
(A) has the meaning given the term ``national
security system'' in section 11103(a)(1) of title 40,
United States Code;
(B) shall include additional systems identified by
the Federal Acquisition Security Council;
(C) shall include additional systems identified by
the Department of Defense, consistent with guidance
provided under section 224 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-
92); and
(D) shall not include a system to be used for
routine administrative and business applications
(including payroll, finance, logistics, and personnel
management applications).
(5) Foreign country of concern.--The term ``foreign country
of concern'' has the meaning given the term in paragraph (7) of
section 9901 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651), as
added by section 103(a)(4) of the CHIPS Act of 2022 (division A
of Public Law 117-167).
(k) Extension of Federal Acquisition Security Supply Chain Act of
2018.--
(1) Subchapter iii of chapter 13 of title 41, united states
code.--Section 1328 of title 41, United States Code, is amended
by striking ``the date that is 5 years after the date of the
enactment of the Federal Acquisition Supply Chain Security Act
of 2018'' and inserting ``December 31, 2033''.
(2) Section 4713 of title 41, united states code.--Section
4713(j) of title 41, United States Code, is amended by striking
``the date that is 5 years after the date of the enactment of
the Federal Acquisition Supply Chain Security Act of 2018'' and
inserting ``December 31, 2033''.
(l) Authorization of Appropriations for Federal Acquisition Security
Council.--
[[Page 136 STAT. 3493]]
(1) <<NOTE: Time period.>> In general.--There is authorized
to be appropriated $3,000,000 for each of fiscal years 2023
through 2033 for the Office of Management and Budget to support
the activities of the Federal Acquisition Security Council.
(2) Transfer authority.--The Director of the Office of
Management and Budget may transfer funds authorized to be
appropriated under paragraph (1) to other Federal agencies for
the performance of work for which the funds were authorized.
DIVISION F <<NOTE: Intelligence Authorization Act for Fiscal Year
2023.>> --INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2023
SEC. 6001. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2023''.
(b) Table of Contents.--The table of contents for this division is
as follows:
DIVISION F--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2023
Sec. 6001. Short title; table of contents.
Sec. 6002. Definitions.
Sec. 6003. Explanatory statement.
TITLE LXI--INTELLIGENCE ACTIVITIES
Sec. 6101. Authorization of appropriations.
Sec. 6102. Classified Schedule of Authorizations.
Sec. 6103. Intelligence Community Management Account.
Sec. 6104. Restriction on conduct of intelligence activities.
Sec. 6105. Increase in employee compensation and benefits authorized by
law.
TITLE LXII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 6201. Authorization of appropriations.
TITLE LXIII--GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 6301. Modification of requirements for certain employment
activities by former intelligence officers and employees.
Sec. 6302. Counterintelligence and national security protections for
intelligence community grant funding.
Sec. 6303. Extension of Central Intelligence Agency law enforcement
jurisdiction to facilities of Office of Director of National
Intelligence.
Sec. 6304. Annual reports on status of recommendations of Comptroller
General of the United States for the Director of National
Intelligence.
Sec. 6305. Timely submission of classified intelligence budget
justification materials.
Sec. 6306. Copyright protection for civilian faculty of the National
Intelligence University.
Sec. 6307. Modifications to Foreign Malign Influence Response Center.
Sec. 6308. Requirement to offer cyber protection support for personnel
of intelligence community in positions highly vulnerable to
cyber attack.
Sec. 6309. Enforcement of cybersecurity requirements for national
security systems.
Sec. 6310. Review and briefing on intelligence community activities
under Executive Order 12333.
Sec. 6311. Assessing intelligence community open-source support for
export controls and foreign investment screening.
Sec. 6312. Annual training requirement and report regarding analytic
standards.
Sec. 6313. Review of Joint Intelligence Community Council.
Sec. 6314. Required policy for minimum insider threat standards.
Sec. 6315. Unfunded priorities of the intelligence community.
Sec. 6316. Submission of covered documents and classified annexes.
Sec. 6317. Improvements to program on recruitment and training.
Sec. 6318. Measures to mitigate counterintelligence threats from
proliferation and use of foreign commercial spyware.
[[Page 136 STAT. 3494]]
Sec. 6319. Personnel vetting performance measures.
Sec. 6320. Proactive cybersecurity.
TITLE LXIV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 6401. Modifications to responsibilities and authorities of Director
of National Intelligence.
Sec. 6402. Annual submission to Congress of National Intelligence
Priorities Framework.
Sec. 6403. Disposition of records of Office of the Director of National
Intelligence.
Subtitle B--Central Intelligence Agency
Sec. 6411. Clarification regarding protection of Central Intelligence
Agency functions.
Sec. 6412. Expansion of reporting requirements relating to authority to
pay personnel of Central Intelligence Agency for certain
injuries to the brain.
Sec. 6413. Historical Advisory Panel of Central Intelligence Agency.
Sec. 6414. Authority of Central Intelligence Agency to provide
protection for certain personnel.
Sec. 6415. Notification of use of certain expenditure authorities.
Sec. 6416. Office supporting Central Intelligence Agency workforce
wellbeing.
Subtitle C--Elements of the Defense Intelligence Enterprise
Sec. 6421. Inclusion of Space Force as element of intelligence
community.
Sec. 6422. Oversight of Defense Intelligence Agency culture.
Subtitle D--Other Elements
Sec. 6431. Modification of advisory board in National Reconnaissance
Office.
Sec. 6432. Establishment of advisory board for National Geospatial-
Intelligence Agency.
Sec. 6433. Elevation of the commercial and business operations office of
the National Geospatial-Intelligence Agency.
Sec. 6435. Study on personnel under Strategic Intelligence Partnership
Program.
Sec. 6436. Briefing on coordination between intelligence community and
Bureau of Industry and Security.
TITLE LXV--MATTERS RELATING TO FOREIGN COUNTRIES
Subtitle A--Intelligence Matters Relating to the People's Republic of
China
Sec. 6501. Report on wealth and corrupt activities of the leadership of
the Chinese Communist Party.
Sec. 6502. Identification and threat assessment of companies with
investments by the People's Republic of China.
Sec. 6503. Intelligence community working group for monitoring the
economic and technological capabilities of the People's
Republic of China.
Sec. 6504. Annual report on concentrated reeducation camps in the
Xinjiang Uyghur Autonomous Region of the People's Republic of
China.
Sec. 6505. Assessments of production of semiconductors by the People's
Republic of China.
Subtitle B--Miscellaneous Authorities, Requirements, and Limitations
Sec. 6511. Notice of deployment or transfer of containerized missile
systems by Russia, China, or Iran.
Sec. 6512. Intelligence community coordinator for Russian atrocities
accountability.
Sec. 6513. Lead intelligence community coordinator for countering and
neutralizing proliferation of Iran-origin unmanned aircraft
systems.
Sec. 6514. Collaboration between intelligence community and Department
of Commerce to counter foreign commercial threats.
Sec. 6515. Intelligence assessment on foreign weaponization of
advertisement technology data.
Sec. 6516. Intelligence community assessment regarding Russian gray zone
assets.
Subtitle C--Reports and Other Matters
Sec. 6521. Report on assessing will to fight.
Sec. 6522. Report on threat from hypersonic weapons.
Sec. 6523. Report on ordnance of Russia and China.
Sec. 6524. Report on activities of China and Russia targeting Latin
America and the Caribbean.
[[Page 136 STAT. 3495]]
Sec. 6525. Report on support provided by China to Russia.
Sec. 6526. Report on global CCP financing of port infrastructure.
Sec. 6527. Sense of Congress on provision of support by intelligence
community for atrocity prevention and accountability.
TITLE LXVI--INTELLIGENCE COMMUNITY WORKFORCE MATTERS
Sec. 6601. Improving onboarding of personnel in intelligence community.
Sec. 6602. Report on legislative action required to implement Trusted
Workforce 2.0 initiative.
Sec. 6603. Inspector General of the Intelligence Community assessment of
administration of polygraphs in intelligence community.
Sec. 6604. Timeliness in the administration of polygraphs.
Sec. 6605. Policy on submittal of applications for access to classified
information for certain personnel.
Sec. 6606. Technical correction regarding Federal policy on sharing of
covered insider threat information.
Sec. 6607. Inspector General of the Intelligence Community report on use
of space certified as sensitive compartmented information
facilities.
Sec. 6608. Improving prohibition of certain personnel practices in
intelligence community with respect to contractor employees.
Sec. 6609. Definitions regarding whistleblower complaints and
information of urgent concern received by inspectors general
of the intelligence community.
TITLE LXVII--MATTERS RELATING TO EMERGING TECHNOLOGIES
Subtitle A--General Matters
Sec. 6701. Definitions.
Sec. 6702. Additional responsibilities of Director of National
Intelligence for artificial intelligence policies, standards,
and guidance for the intelligence community.
Sec. 6703. Director of Science and Technology.
Sec. 6704. Intelligence Community Chief Data Officer.
Subtitle B--Improvements Relating to Procurement
Sec. 6711. Additional transaction authority.
Sec. 6712. Implementation plan and advisability study for offices of
commercial integration.
Sec. 6713. Pilot program on designated emerging technology transition
projects.
Sec. 6714. Harmonization of authorizations to operate.
Sec. 6715. Plan to expand sensitive compartmented information facility
access by certain contractors; reports on expansion of
security clearances for certain contractors.
Sec. 6716. Compliance by intelligence community with requirements of
Federal Acquisition Regulation relating to commercially
available off-the-shelf items and commercial services.
Sec. 6717. Policy on required user adoption metrics in certain contracts
for artificial intelligence and emerging technology software
products.
Sec. 6718. Certification relating to information technology and software
systems.
Subtitle C--Reports
Sec. 6721. Reports on integration of artificial intelligence within
intelligence community.
Sec. 6722. Report on potential benefits of establishment of ICWERX.
Sec. 6723. Requirements and report on workforce needs of intelligence
community relating to science, technology, engineering, and
math, and related areas.
Subtitle D--Talent, Education, and Training
Sec. 6731. Report on establishment of technology acquisition cadre.
Sec. 6732. Emerging technology education and training.
Subtitle E--Other Matters
Sec. 6741. Improvements to use of commercial software products.
Sec. 6742. Code-free artificial intelligence enablement tools policy.
TITLE LXVIII--OTHER MATTERS
Sec. 6801. Improvements relating to continuity of Privacy and Civil
Liberties Oversight Board membership.
Sec. 6802. Modification of requirement for office to address
unidentified anomalous phenomena.
[[Page 136 STAT. 3496]]
Sec. 6803. Comptroller General of the United States audits and briefings
on unidentified anomalous phenomena historical record report.
Sec. 6804. Report on precursor chemicals used in the production of
synthetic opioids.
Sec. 6805. Assessment and report on mass migration in the Western
Hemisphere.
Sec. 6806. Report on international norms, rules, and principles
applicable in space.
Sec. 6807. Assessments of the effects of sanctions imposed with respect
to the Russian Federation's invasion of Ukraine.
Sec. 6808. Assessment of impact of Russia's invasion of Ukraine on food
security.
Sec. 6809. Pilot program for Director of Federal Bureau of Investigation
to undertake an effort to identify International Mobile
Subscriber Identity-catchers.
Sec. 6810. Department of State Bureau of Intelligence and Research
assessment of anomalous health incidents.
Sec. 6811. Repeal and modification of certain reporting and briefing
requirements.
Sec. 6812. Increased intelligence-related engineering, research, and
development capabilities of minority institutions.
Sec. 6813. Reports on personnel vetting processes and progress under
Trusted Workforce 2.0 initiative.
Sec. 6814. Reports relating to programs of record of National
Geospatial-Intelligence Agency.
Sec. 6815. Plan regarding Social Media Data and Threat Analysis Center.
Sec. 6816. Report on use of publicly available social media information
in personnel vetting determinations.
Sec. 6817. Report on strengthening workforce diversity planning and
oversight.
Sec. 6818. Report on transition of National Reconnaissance Office to
digital engineering environment.
Sec. 6819. Briefing on Department of Homeland Security intelligence
activities.
Sec. 6820. Report on declassification efforts of Central Intelligence
Agency.
Sec. 6821. Report on National Space Intelligence Center.
Sec. 6822. Report on implementation of Executive Order 13556, regarding
controlled unclassified information.
Sec. 6823. National Museum of Intelligence and Special Operations.
Sec. 6824. Technical corrections.
SEC. 6002. <<NOTE: 50 USC 3003 note.>> DEFINITIONS.
In this division:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' has the meaning given
such term in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in such section.
SEC. 6003. EXPLANATORY STATEMENT.
The explanatory statement regarding this division, printed in the
House section of the Congressional Record by the Chairman of the
Permanent Select Committee on Intelligence of the House of
Representatives and in the Senate section of the Congressional Record by
the Chairman of the Select Committee on Intelligence of the Senate,
shall have the same effect with respect to the implementation of this
division as if it were a joint explanatory statement of a committee of
conference.
TITLE LXI--INTELLIGENCE ACTIVITIES
SEC. 6101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2023
for the conduct of the intelligence and intelligence-related activities
of the Federal Government.
SEC. 6102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts.--The amounts authorized to be
appropriated under section 6101 for the conduct of the intelligence
activities of the Federal Government are those specified
[[Page 136 STAT. 3497]]
in the classified Schedule of Authorizations prepared to accompany this
division.
(b) Availability of Classified Schedule of Authorizations.--
(1) Availability.--The classified Schedule of Authorizations
referred to in subsection (a) shall be made available to the
Committee on Appropriations of the Senate, the Committee on
Appropriations of the House of Representatives, and to the
President.
(2) Distribution by the president.--Subject to paragraph
(3), the President shall provide for suitable distribution of
the classified Schedule of Authorizations referred to in
subsection (a), or of appropriate portions of such Schedule,
within the executive branch of the Federal Government.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any
portion of such Schedule except--
(A) as provided in section 601(a) of the
Implementing Recommendations of the 9/11 Commission Act
of 2007 (50 U.S.C. 3306(a));
(B) to the extent necessary to implement the budget;
or
(C) as otherwise required by law.
SEC. 6103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Intelligence Community Management Account of the
Director of National Intelligence for fiscal year 2023 the sum of
$664,445,000.
(b) Classified Authorization of Appropriations.--In addition to
amounts authorized to be appropriated for the Intelligence Community
Management Account by subsection (a), there are authorized to be
appropriated for the Intelligence Community Management Account for
fiscal year 2023 such additional amounts as are specified in the
classified Schedule of Authorizations referred to in section 6102(a).
SEC. 6104. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this division shall not be
deemed to constitute authority for the conduct of any intelligence
activity which is not otherwise authorized by the Constitution or the
laws of the United States.
SEC. 6105. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
AUTHORIZED BY LAW.
Appropriations authorized by this division for salary, pay,
retirement, and other benefits for Federal employees may be increased by
such additional or supplemental amounts as may be necessary for
increases in such compensation or benefits authorized by law.
[[Page 136 STAT. 3498]]
TITLE LXII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 6201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund $514,000,000 for fiscal year 2023.
TITLE LXIII--GENERAL INTELLIGENCE COMMUNITY MATTERS
SEC. 6301. MODIFICATION OF REQUIREMENTS FOR CERTAIN EMPLOYMENT
ACTIVITIES BY FORMER INTELLIGENCE
OFFICERS AND EMPLOYEES.
(a) In General.--Subsections (a) and (b) of section 304 of the
National Security Act of 1947 (50 U.S.C. 3073a) are amended to read as
follows:
``(a) Post-employment Restrictions.--
``(1) Covered post-service position.--
``(A) Permanent restriction.--Except as provided by
paragraph (2)(A)(i), an employee of an element of the
intelligence community who occupies a covered
intelligence position may not occupy a covered post-
service position for a designated prohibited foreign
country following the date on which the employee ceases
to occupy a covered intelligence position.
``(B) <<NOTE: Time period.>> Temporary
restriction.--Except as provided by paragraph
(2)(A)(ii), an employee of an element of the
intelligence community who occupies a covered
intelligence position may not occupy a covered post-
service position during the 30-month period following
the date on which the employee ceases to occupy a
covered intelligence position.
``(2) Waiver.--
``(A) Authority to grant temporary waiver.--
``(i) Waivers of permanent restriction.--On a
case-by-case basis, the Director of National
Intelligence may temporarily waive the restriction
in paragraph (1)(A) with respect to an employee or
former employee who is subject to that restriction
only after--
``(I) the employee or former
employee submits to the Director a
written application for such waiver in
such form and manner as the Director
determines appropriate;
``(II) the Director determines that
not granting such waiver would result in
a grave detrimental impact to current or
future intelligence operations of the
United States; and
``(III) the Director provides the
congressional intelligence committees
with a detailed justification stating
why not granting such waiver would
result in a grave detrimental impact to
current
[[Page 136 STAT. 3499]]
or future intelligence operations of the
United States.
``(ii) Waivers of temporary restriction.--On a
case-by-case basis, the Director may temporarily
waive the restriction in paragraph (1)(B) with
respect to an employee or former employee who is
subject to that restriction only after--
``(I) the employee or former
employee submits to the Director a
written application for such waiver in
such form and manner as the Director
determines appropriate; and
``(II) <<NOTE: Determination.>> the
Director determines that such waiver is
necessary to advance the national
security interests of the United States.
``(B) <<NOTE: Applicability.>> Period of waiver.--A
waiver issued under subparagraph (A) shall apply for a
period not exceeding 5 years. The Director may renew
such a waiver.
``(C) <<NOTE: Effective date. Notification.>>
Revocation.--The Director may revoke a waiver issued
under subparagraph (A) to an employee or former
employee, effective on the date that is 60 days after
the date on which the Director provides the employee or
former employee written notice of such revocation.
``(D) Tolling.--The 30-month restriction in
paragraph (1)(B) shall be tolled for an employee or
former employee during the period beginning on the date
on which a waiver is issued under subparagraph (A) and
ending on the date on which the waiver expires or on the
effective date of a revocation under subparagraph (C),
as the case may be.
``(E) <<NOTE: Deadline.>> Notification.--Not later
than 30 days after the date on which the Director issues
a waiver under subparagraph (A) or a revocation of a
waiver under subparagraph (C), the Director shall submit
to the congressional intelligence committees written
notification of the waiver or revocation, as the case
may be. Such notification shall include the following:
``(i) With respect to a waiver issued to an
employee or former employee--
``(I) the details of the
application, including the covered
intelligence position held or formerly
held by the employee or former employee;
``(II) the nature of the activities
of the employee or former employee after
ceasing to occupy a covered intelligence
position;
``(III) a description of the
national security interests that will be
advanced by reason of issuing such
waiver; and
``(IV) the specific reasons why the
Director determines that issuing such
waiver will advance such interests.
``(ii) With respect to a revocation of a
waiver issued to an employee or former employee--
``(I) the details of the waiver,
including any renewals of such waiver,
and the dates of such waiver and
renewals; and
``(II) the specific reasons why the
Director determined that such revocation
is warranted.
[[Page 136 STAT. 3500]]
``(b) Covered Post-service Employment Reporting.--
``(1) Requirement.--During the period described in paragraph
(2), an employee who ceases to occupy a covered intelligence
position shall--
``(A) report covered post-service employment to the
head of the element of the intelligence community that
employed such employee in such covered intelligence
position upon accepting such covered post-service
employment; and
``(B) annually (or more frequently if the head of
such element considers it appropriate) report covered
post-service employment to the head of such element.
``(2) Period described.--The period described in this
paragraph is the period beginning on the date on which an
employee ceases to occupy a covered intelligence position.
``(3) Regulations.--The head of each element of the
intelligence community shall issue regulations requiring, as a
condition of employment, each employee of such element occupying
a covered intelligence position to sign a written agreement
requiring the regular reporting of covered post-service
employment to the head of such element pursuant to paragraph
(1).''.
(b) Definition of Designated Prohibited Foreign Country.--Subsection
(g) of such section is amended--
(1) by redesignating paragraphs (4) through (6) as
paragraphs (5) through (7), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) Designated prohibited foreign country.--The term
`designated prohibited foreign country' means the following:
``(A) The People's Republic of China.
``(B) The Russian Federation.
``(C) The Democratic People's Republic of Korea.
``(D) The Islamic Republic of Iran.
``(E) The Republic of Cuba.
``(F) The Syrian Arab Republic.''.
(c) Additional Written Notice.--
(1) In general.--Subsection (d) of such section is amended
by adding at the end the following:
``(3) Written notice about restrictions.--The head of each
element of the intelligence community shall provide written
notice of the restrictions under subsection (a) to any person
who may be subject to such restrictions on or after the date of
enactment of the Intelligence Authorization Act for Fiscal Year
2023--
``(A) <<NOTE: Determination.>> when the head of the
element determines that such person may become subject
to such covered intelligence position restrictions; and
``(B) before the person ceases to occupy a covered
intelligence position.''.
(2) Conforming amendment.--Paragraph (2) of such subsection
is amended in the paragraph heading by adding ``about reporting
requirements'' after ``Written notice''.
(d) <<NOTE: 50 USC 3073a note.>> Revised Regulations.--
(1) Definition of covered intelligence position.--In this
subsection, the term ``covered intelligence position'' has the
meaning given such term by such section 304.
(2) <<NOTE: Deadline.>> Submission.--Not later than 30 days
after the date of the enactment of this Act, the head of each
element of
[[Page 136 STAT. 3501]]
the intelligence community shall submit to the congressional
intelligence committees new or updated regulations issued to
carry out such section 304, as amended by subsections (a), (b),
and (c) of this section.
(3) Requirements.--The regulations issued under paragraph
(1) shall--
(A) include provisions that advise personnel of the
intelligence community of the appropriate manner in
which such personnel may opt out of positions that--
(i) have been designated as covered
intelligence positions before the effective date
established in subsection (e) of this section; or
(ii) may be designated as covered intelligence
provisions before such designation becomes final;
and
(B) <<NOTE: Time period.>> establish a period of
not fewer than 30 days and not more than 60 days after
receipt of the written notice required under paragraph
(3) of subsection (d) of such section 304, as added by
subsection (c)(1) of this section, within which such
personnel may opt out of a covered intelligence position
and the accompanying obligations imposed by subsection
(a)(1)(A) of such section 304, as amended by subsection
(a) of this section.
(4) <<NOTE: Deadline.>> Certification.--Not later than 180
days after the date of the enactment of this Act, the Director
of National Intelligence shall submit to the congressional
intelligence committees--
(A) <<NOTE: Certification.>> a written
certification for each head of an element of the
intelligence community who has issued new or updated
regulations pursuant to paragraph (2); and
(B) for each head of an element of the intelligence
community who has not issued such new or updated
regulations, an explanation for the failure to issue
such new or updated regulations.
(e) <<NOTE: Applicability. 50 USC 3073a note.>> Effective Date of
Permanent Restrictions.--Subsection (a)(1)(A) of such section 304, as
amended by subsection (a) of this section, shall apply only to persons
who occupy a covered intelligence position on or after the date that is
45 days after the date on which new or updated regulations are issued
under subsection (d)(2) of this section.
(f) Repeal.--Section 402 of the Intelligence Authorization Act for
Fiscal Year 1997 (Public Law 104-293) is hereby <<NOTE: 50 USC 3519a
note.>> repealed.
SEC. 6302. COUNTERINTELLIGENCE AND NATIONAL SECURITY PROTECTIONS
FOR INTELLIGENCE COMMUNITY GRANT
FUNDING.
(a) In General.--Title I of the National Security Act of 1947 (50
U.S.C. 3021 et seq.) is amended by adding at the end the following:
``SEC. 121. <<NOTE: 50 USC 3061.>> COUNTERINTELLIGENCE AND
NATIONAL SECURITY PROTECTIONS FOR
INTELLIGENCE COMMUNITY GRANT FUNDING.
``(a) Disclosure as Condition for Receipt of Grant.--The head of an
element of the intelligence community may not award a grant to a person
or entity unless the person or entity has certified to the head of the
element that the person or entity has disclosed to the head of the
element any material financial or material in-kind support that the
person or entity knows, or
[[Page 136 STAT. 3502]]
should have known, derives from the People's Republic of China, the
Russian Federation, the Islamic Republic of Iran, the Democratic
People's Republic of Korea, or the Republic of Cuba, during the 5-year
period ending on the date of the person or entity's application for the
grant.
``(b) Process for Review of Grant Applicants Prior to Award.--
``(1) In general.--The head of an element of the
intelligence community may not award a grant to a person or
entity who submitted a certification under subsection (a) until
such certification is received by the head of an element of the
intelligence community and submitted to the Director of National
Intelligence pursuant to the process set forth in paragraph (2).
``(2) Process.--
``(A) In general.--The Director of National
Intelligence, in coordination with such heads of
elements of the intelligence community as the Director
considers appropriate, shall establish a process to
review the awarding of a grant to an applicant who
submitted a certification under subsection (a).
``(B) Elements.--The process established under
subparagraph (A) shall include the following:
``(i) <<NOTE: Records.>> The immediate
transmission of a copy of each applicant's
certification made under subsection (a) to the
Director of National Intelligence.
``(ii) <<NOTE: Review.>> The review of the
certification and any accompanying disclosures
submitted under subsection (a) as soon as
practicable.
``(iii) Authorization for the heads of the
elements of the intelligence community to take
such actions as may be necessary, including denial
or revocation of a grant, to ensure a grant does
not pose an unacceptable risk of--
``(I) misappropriation of United
States intellectual property, research
and development, and innovation efforts;
or
``(II) other counterintelligence
threats.
``(c) Annual Report Required.--Not later than 1 year after the date
of the enactment of the Intelligence Authorization Act for Fiscal Year
2023 and not less frequently than once each year thereafter, the
Director of National Intelligence shall submit to the congressional
intelligence committees an annual report identifying the following for
the 1-year period covered by the report:
``(1) The number of applications for grants received by each
element of the intelligence community.
``(2) The number of such applications that were reviewed
using the process established under subsection (b)(2),
disaggregated by element of the intelligence community.
``(3) The number of such applications that were denied and
the number of grants that were revoked, pursuant to the process
established under subsection (b)(2), disaggregated by element of
the intelligence community.''.
(b) <<NOTE: 50 USC 3061 note.>> Applicability.--Subsections (a) and
(b) of section 121 of such Act, as added by subsection (a), shall apply
only with respect to grants awarded by an element of the intelligence
community after the date of the enactment of this Act.
[[Page 136 STAT. 3503]]
(c) Clerical Amendment.--The table of contents preceding section 2
of such Act is amended by inserting after the item relating to section
120 the following:
``Sec. 121. Counterintelligence and national security protections for
intelligence community grant funding.''.
SEC. 6303. EXTENSION OF CENTRAL INTELLIGENCE AGENCY LAW
ENFORCEMENT JURISDICTION TO FACILITIES
OF OFFICE OF DIRECTOR OF NATIONAL
INTELLIGENCE.
(a) In General.--Section 15(a) of the Central Intelligence Agency
Act of 1949 (50 U.S.C. 3515(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (C), by striking ``; and'' and
inserting a semicolon;
(B) by redesignating subparagraph (D) as
subparagraph (E);
(C) by inserting after subparagraph (C) the
following:
``(D) within an installation owned, or contracted to be
occupied for a period of one year or longer, by the Office of
the Director of National Intelligence; and''; and
(D) in subparagraph (E), as redesignated by
subparagraph (B), by inserting ``or (D)'' after ``in
subparagraph (C)'';
(2) in paragraph (2), by striking ``or (D)'' and inserting
``or (E)''; and
(3) in paragraph (4), by striking ``in subparagraph (A) or
(C)'' and inserting ``in subparagraph (A), (C), or (D)''.
(b) Conforming Amendment.--Section 5(a)(4) of such Act (50 U.S.C.
3506(a)(4)) is amended by inserting ``and Office of the Director of
National Intelligence'' after ``protection of Agency''.
SEC. 6304. ANNUAL REPORTS ON STATUS OF RECOMMENDATIONS OF
COMPTROLLER GENERAL OF THE UNITED STATES
FOR THE DIRECTOR OF NATIONAL
INTELLIGENCE.
(a) Definition of Open Recommendations.--In this section, the term
``open recommendations'' refers to recommendations of the Comptroller
General of the United States that the Comptroller General has not yet
designated as closed.
(b) Annual Lists by Comptroller General of the United States.--Not
later than September 30, 2023, and each September 30 thereafter through
2028, the Comptroller General of the United States shall submit to the
congressional intelligence committees and the Director of National
Intelligence a list of all open recommendations made to the Director,
disaggregated by report number and recommendation number.
(c) Annual Reports by Director of National Intelligence.--Not later
than 120 days after the date on which the Director receives a list under
subsection (b), the Director shall submit to the congressional
intelligence committees, the Committee on Appropriations of the Senate,
and the Committee on Appropriations of the House of Representatives a
report on the actions taken by the Director and actions the Director
intends to take, alone or in coordination with the heads of other
Federal agencies, in response to each open recommendation identified in
the list, including open recommendations the Director determines are
closed and recommendations the Director determines do not require
further action, as well as the basis for such determinations.
[[Page 136 STAT. 3504]]
SEC. 6305. TIMELY SUBMISSION OF CLASSIFIED INTELLIGENCE BUDGET
JUSTIFICATION MATERIALS.
Title V of the National Security Act of 1947 (50 U.S.C. 3091 et
seq.) is amended by inserting after section 506I the following new
section (and conforming the table of contents at the beginning of such
Act accordingly):
``SEC. <<NOTE: 50 USC 3105a.>> 506J. CLASSIFIED INTELLIGENCE
BUDGET JUSTIFICATION MATERIALS.
``(a) Definitions.--In this section:
``(1) Budget.--The term `budget' has the meaning given the
term `budget of the President' in section 506A.
``(2) Classified intelligence budget justification
materials.--The term `classified intelligence budget
justification materials' means, with respect to a fiscal year,
the materials submitted to Congress by the Director of National
Intelligence in support of the budget for that fiscal year that
are classified or otherwise protected from public disclosure.
``(b) <<NOTE: Deadline.>> Timely Submission.--Not later than 5 days
after the date on which the President submits to Congress the budget for
each fiscal year pursuant to section 1105(a) of title 31, United States
Code, the Director of National Intelligence shall submit to the
congressional intelligence committees the classified intelligence budget
justification materials for the element for that budget.''.
SEC. 6306. COPYRIGHT PROTECTION FOR CIVILIAN FACULTY OF THE
NATIONAL INTELLIGENCE UNIVERSITY.
Section 105 of title 17, United States Code, is amended--
(1) by redesignating the second subsection (c) as subsection
(d);
(2) by striking subsection (c) and inserting the following:
``(c) Use by Federal Government.--
``(1) Secretary of defense authority.--With respect to a
covered author who produces a covered work in the course of
employment at a covered institution described in subparagraphs
(A) through (L) of subsection (d)(2), the Secretary of Defense
may direct the covered author to provide the Federal Government
with an irrevocable, royalty-free, worldwide, nonexclusive
license to reproduce, distribute, perform, or display such
covered work for purposes of the United States Government.
``(2) Director of national intelligence authority.--With
respect to a covered author who produces a covered work in the
course of employment at the covered institution described in
subsection (d)(2)(M), the Director of National Intelligence may
direct the covered author to provide the Federal Government with
an irrevocable, royalty-free, world-wide, nonexclusive license
to reproduce, distribute, perform, or display such covered work
for purposes of the United States Government.''; and
(3) in paragraph (2) of subsection (d), as so redesignated,
by adding at the end the following:
``(M) National Intelligence University.''.
SEC. 6307. MODIFICATIONS TO FOREIGN MALIGN INFLUENCE RESPONSE
CENTER.
(a) Renaming.--
(1) In general.--Section 119C of the National Security Act
of 1947 (50 U.S.C. 3059) is amended--
[[Page 136 STAT. 3505]]
(A) in the section heading, by striking
``response''; and
(B) in subsection (a), by striking ``Response''.
(2) Clerical amendment.--The table of contents in the matter
preceding section 2 of such Act is amended by striking the item
relating to section 119C and inserting the following:
``Sec. 119C. Foreign Malign Influence Center.''.
(3) Conforming amendment.--Section 589E(d)(2) of the William
M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 2001 note prec.)
is amended by striking ``Response''.
(4) <<NOTE: 50 USC 3059 note.>> Reference.--Any reference
in law, regulation, map, document, paper, or other record of the
United States to the ``Foreign Malign Influence Response
Center'' shall be deemed to be a reference to the Foreign Malign
Influence Center.
(b) Director of National Intelligence Authority to Terminate.--
Section 119C of such Act (50 U.S.C. 3059) is further amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) <<NOTE: Determination.>> Termination.--After December 31,
2028, the Director of National Intelligence may terminate the Center,
but only if the Director of National Intelligence submits to the
congressional intelligence committees, the Subcommittee on Defense of
the Committee on Appropriations of the Senate, and the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives a determination that the termination of the Center is
appropriate, which includes--
``(1) a detailed description that other offices or entities
within the intelligence community--
``(A) have the capabilities to perform the functions
of the Center; and
``(B) will exercise the functions of the Center upon
the termination of the Center; and
``(2) a detailed description of--
``(A) the actions the Director of National
Intelligence will take to conduct an orderly wind-down
of the activities of the Center; and
``(B) <<NOTE: Timeline.>> the proposed timeline for
such actions.''.
(c) Report.--
(1) Definition of appropriate committees of congress.--In
this subsection, the term ``appropriate committees of Congress''
means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and
Governmental Affairs, the Committee on Foreign
Relations, the Committee on Armed Services, and the
Subcommittee on Defense of the Committee on
Appropriations of the Senate; and
(C) the Committee on Homeland Security, the
Committee on Foreign Affairs, the Committee on Armed
Services, and the Subcommittee on Defense of the
Committee on Appropriations of the House of
Representatives.
(2) <<NOTE: Reports.>> In general.--Not later than December
31, 2025, the Director of National Intelligence shall submit to
the appropriate committees of Congress a report assessing the
continued need for operating the Foreign Malign Influence
Center.
[[Page 136 STAT. 3506]]
SEC. 6308. REQUIREMENT TO OFFER CYBER PROTECTION SUPPORT FOR
PERSONNEL OF INTELLIGENCE COMMUNITY IN
POSITIONS HIGHLY VULNERABLE TO CYBER
ATTACK.
(a) In General.--Section 6308(b) of the Damon Paul Nelson and
Matthew Young Pollard Intelligence Authorization Act for Fiscal Years
2018, 2019, and 2020 (50 U.S.C. 3334d(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``may provide'' and inserting
``shall offer'';
(B) by inserting ``and shall provide such support to
any such personnel who request'' before the period at
the end; and
(2) in the subsection heading, by striking ``Authority'' and
inserting ``Requirement''.
(b) <<NOTE: Deadline.>> Plan.--Not later than 180 days after the
date of the enactment of this Act, the Director of National Intelligence
shall submit to the congressional intelligence committees, the Committee
on Appropriations of the Senate, and the Committee on Appropriations of
the House of Representatives an implementation plan for providing the
support described section 6308(b) of the Damon Paul Nelson and Matthew
Young Pollard Intelligence Authorization Act for Fiscal Years 2018,
2019, and 2020 (50 U.S.C. 3334d(b)), as amended by subsection (a),
including a description of the training and resources needed to
implement the support and the methodology for determining the personnel
described in paragraph (2) of such section.
SEC. 6309. <<NOTE: 44 USC 3557 note.>> ENFORCEMENT OF
CYBERSECURITY REQUIREMENTS FOR NATIONAL
SECURITY SYSTEMS.
(a) Definitions.--In this section:
(1) Cybersecurity requirements for national security
systems.--The term ``cybersecurity requirements for national
security systems'' means the minimum cybersecurity requirements
established by the National Manager, consistent with the
direction of the President and in consultation with the Director
of National Intelligence, that applies to all national security
systems operated by, on the behalf of, or administered by the
head of an element of the intelligence community.
(2) National manager.--The term ``National Manager'' means
the National Manager for National Security Systems designated by
the President.
(3) National security systems.--The term ``national security
systems'' includes--
(A) national security systems (as defined in section
3552(b) of title 44, United States Code); and
(B) information systems described in paragraph (2)
or (3) of section 3553(e) of such title.
(b) Implementation Deadline.--The cybersecurity requirements for
national security systems shall include appropriate deadlines by which
all elements of the intelligence community shall have fully implemented
the requirements.
(c) <<NOTE: Deadlines.>> Reevaluation and Updates.--Not less
frequently than once every 2 years, the National Manager shall
reevaluate and update the cybersecurity requirements for national
security systems.
(d) <<NOTE: Time period.>> Resources.--Each head of an element of
the intelligence community that owns or operates a national security
system shall
[[Page 136 STAT. 3507]]
update plans of the element to prioritize resources in such a manner as
to fully implement the cybersecurity requirements for national security
systems by the deadline established pursuant to subsection (b) for the
next 10 fiscal years.
(e) Exemptions.--
(1) In general.--The head of an element of the intelligence
community may exempt a national security system owned or
operated by the element from the cybersecurity requirements for
national security systems if done so in accordance with the
procedures established under paragraph (2).
(2) Exemption procedures.--The National Manager shall,
consistent with the direction of the President, establish
procedures that govern--
(A) the circumstances under which the head of an
element of the intelligence community may exempt a
national security system under paragraph (1); and
(B) the process for implementing the exemption.
(3) Annual reports on exemptions.--
(A) In general.--Each year, the National Manager and
the Director of National Intelligence shall--
(i) submit to the congressional intelligence
committees an annual report documenting all
exemptions made under paragraph (1) during the
period covered by the report, along with the
justifications for the exemptions; and
(ii) in the case of an exemption made by the
Assistant Secretary of State for Intelligence and
Research under such paragraph, submit to the
Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives a separate report describing the
exemption and the justification for it.
(B) Manner.--Each report submitted under
subparagraph (A) shall be submitted with such
classification as the Director considers appropriate and
with due regard for the protection of sensitive
intelligence sources and methods.
SEC. 6310. REVIEW AND BRIEFING ON INTELLIGENCE COMMUNITY
ACTIVITIES UNDER EXECUTIVE ORDER 12333.
(a) <<NOTE: Deadline.>> Review and Briefing Required.--No later
than 180 days after the date of the enactment of this Act, the Director
of National Intelligence shall--
(1) conduct a review to ascertain the feasibility and
advisability of compiling and making public information relating
to activities of the intelligence community under Executive
Order 12333 (50 U.S.C. 3001 note; relating to United States
intelligence activities); and
(2) provide the congressional intelligence committees, the
Committee on Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives with a briefing
on the findings of the Director with respect to the review
conducted under paragraph (1).
(b) Matters Addressed.--The review and briefing required by
subsection (a) shall address the feasibility and advisability of making
available to the public information relating to the following:
[[Page 136 STAT. 3508]]
(1) Data on activities described in subsection (a)(1),
including the following:
(A) The amount of United States person information
collected pursuant to such activities.
(B) Queries of United States persons pursuant to
such activities.
(C) Dissemination of United States person
information pursuant to such activities, including
masking and unmasking.
(D) The use of United States person information in
criminal proceedings.
(2) Quantitative data and qualitative descriptions of
incidents in which the intelligence community violated Executive
Order 12333 and associated guidelines and procedures.
(c) Considerations.--In conducting the review under subsection
(a)(1), the Director shall consider--
(1) the public transparency associated with the use by the
intelligence community of the authorities provided under the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et
seq.), including relevant data and compliance incidents; and
(2) the application of the transparency model developed in
connection with such Act to activities conducted under Executive
Order 12333.
(d) Disaggregation for Public Release.--In conducting the review
under subsection (a)(1), the Director shall address whether the relevant
data and compliance incidents associated with the different intelligence
community entities can be disaggregated for public release.
SEC. 6311. <<NOTE: 50 USC 3367 note.>> ASSESSING INTELLIGENCE
COMMUNITY OPEN-SOURCE SUPPORT FOR EXPORT
CONTROLS AND FOREIGN INVESTMENT
SCREENING.
(a) Pilot Program to Assess Open Source Support for Export Controls
and Foreign Investment Screening.--
(1) Pilot program authorized.--The Director of National
Intelligence shall designate an element of the intelligence
community to carry out a pilot program to assess the feasibility
and advisability of providing enhanced intelligence support,
including intelligence derived from open source, publicly and
commercially available information--
(A) to the Department of Commerce to support the
export control and investment screening functions of the
Department; and
(B) to the Department of Homeland Security to
support the export control functions of the Department.
(2) Authority.--In carrying out the pilot program required
by paragraph (1), the element designated by the Director under
such paragraph--
(A) shall establish a process for the provision of
information as described in such paragraph; and
(B) may--
(i) acquire and prepare data, consistent with
applicable provisions of law and Executive orders;
(ii) modernize analytic systems, including
through the acquisition, development, or
application of automated tools; and
[[Page 136 STAT. 3509]]
(iii) establish standards and policies
regarding the acquisition, treatment, and sharing
of open source, publicly and commercially
available information.
(3) Duration.--The pilot program required by paragraph (1)
shall be carried out during a 3-year period.
(b) Plan and Report Required.--
(1) Definition of appropriate committees of congress.--In
this subsection, the term ``appropriate committees of Congress''
means--
(A) the Select Committee on Intelligence, the
Committee on Banking, Housing, and Urban Affairs, the
Committee on Homeland Security and Governmental Affairs,
and the Committee on Appropriations of the Senate; and
(B) the Permanent Select Committee on Intelligence,
the Committee on Foreign Affairs, the Committee on
Financial Services, the Committee on Homeland Security,
and the Committee on Appropriations of the House of
Representatives.
(2) Plan.--
(A) <<NOTE: Deadline.>> In general.--Not later than
90 days after the date of the enactment of this Act, the
Director shall, in coordination with the Secretary of
Commerce and the Secretary of Homeland Security, submit
to the appropriate committees of Congress a plan to
carry out the pilot program required by subsection
(a)(1).
(B) Contents.--The plan submitted under subparagraph
(A) shall include the following:
(i) <<NOTE: List.>> A list, developed in
consultation with the Secretary of Commerce and
the Secretary of Homeland Security, of the
activities of the Department of Commerce and the
Department of Homeland Security that will be
supported by the pilot program.
(ii) A plan for measuring the effectiveness of
the pilot program and the value of open source,
publicly and commercially available information to
the export control and investment screening
missions.
(3) Report.--
(A) In general.--Not later than 540 days after the
date on which the Director submits the plan under
paragraph (2)(A), the Director shall submit to the
appropriate committees of Congress a report on the
findings of the Director with respect to the pilot
program.
(B) <<NOTE: Assessments.>> Contents.--The report
submitted under subparagraph (A) shall include the
following:
(i) An assessment of the feasibility and
advisability of providing information as described
in subsection (a)(1).
(ii) An assessment of the value of open
source, publicly and commercially available
information to the export control and investment
screening missions, using the measures of
effectiveness under paragraph (2)(B)(ii).
(iii) Identification of opportunities for and
barriers to more effective use of open source,
publicly and commercially available information by
the intelligence community.
[[Page 136 STAT. 3510]]
SEC. <<NOTE: 50 USC 3364 note.>> 6312. ANNUAL TRAINING
REQUIREMENT AND REPORT REGARDING
ANALYTIC STANDARDS.
(a) <<NOTE: Deadline.>> Policy for Training Program Required.--
Consistent with sections 1019 and 1020 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 3364 and 3364 note), the
Director of National Intelligence shall issue a policy that requires
each head of an element of the intelligence community, that has not
already done so, to create, before the date that is 180 days after the
date of the enactment of this Act, an annual training program on the
standards set forth in Intelligence Community Directive 203, Analytic
Standards (or successor directive).
(b) Conduct of Training.--Training required pursuant to the policy
required by subsection (a) may be conducted in conjunction with other
required annual training programs conducted by the element of the
intelligence community concerned.
(c) Certification of Completion of Training.--Each year, each head
of an element of the intelligence community shall submit to the
congressional intelligence committees a certification as to whether all
of the analysts of that element have completed the training required
pursuant to the policy required by subsection (a) and if the analysts
have not, an explanation of why the training has not been completed.
(d) Reports.--
(1) Annual report.--In conjunction with each briefing
provided under section 1019(c) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 3364(c)), the
Director shall submit to the congressional intelligence
committees, the Committee on Appropriations of the Senate, and
the Committee on Appropriations of the House of Representatives
a report on the number and themes of compliance incidents
reported to intelligence community analytic ombudspersons
relating to the standards set forth in Intelligence Community
Directive 203 (relating to analytic standards), or successor
directive.
(2) Report on performance evaluation.--Not later than 90
days after the date of the enactment of this Act, the head of
analysis at each element of the intelligence community that
conducts all-source analysis shall submit to the congressional
intelligence committees, the Committee on Appropriations of the
Senate, and the Committee on Appropriations of the House of
Representatives a report describing how compliance with the
standards set forth in Intelligence Community Directive 203
(relating to analytic standards), or successor directive, is
considered in the performance evaluations and consideration for
merit pay, bonuses, promotions, and any other personnel actions
for analysts within the element.
(e) Rule of Construction.--Nothing in this section shall be
construed to prohibit the Director from providing training described in
this section as a service of common concern.
(f) Sunset.--This section shall cease to be effective on the date
that is 5 years after the date of the enactment of this Act.
SEC. 6313. REVIEW OF JOINT INTELLIGENCE COMMUNITY COUNCIL.
(a) In General.--The Director of National Intelligence shall conduct
a review of the Joint Intelligence Community Council established by
section 101A of the National Security Act of 1947 (50 U.S.C. 3022).
[[Page 136 STAT. 3511]]
(b) Elements.--The review conducted under subsection (a) shall cover
the following:
(1) The number of meetings the Council has held, by year.
(2) <<NOTE: Analysis.>> An analysis of the issues the
Council has addressed.
(3) The effect the Council has had on the decisionmaking of
the Director of National Intelligence.
(4) Potential revision to the membership or functions of the
Council.
(c) <<NOTE: Deadline.>> Briefing.--Not later than 180 days after
the date of the enactment of this Act, the Director of National
Intelligence shall provide the congressional intelligence committees and
the subcommittees on defense of the Committee on Appropriations of the
Senate and the Committee on Appropriations of the House of
Representatives a briefing on the review conducted pursuant to
subsection (a).
SEC. 6314. REQUIRED POLICY FOR MINIMUM INSIDER THREAT STANDARDS.
(a) Requirement.--Section 102A(f) of the National Security Act of
1947 (50 U.S.C. 3024(f)) is amended--
(1) by redesignating paragraphs (8) and (9) as paragraphs
(9) and (10), respectively; and
(2) by inserting after paragraph (7) the following new
paragraph:
``(8) The Director of National Intelligence shall ensure there is
established a policy for minimum insider threat standards for the
intelligence community and ensure compliance by the elements of the
intelligence community with that policy.''.
(b) Compliance and Reporting.--Title III of such Act (50 U.S.C. 3071
et seq.) is amended by adding at the end the following new section:
``SEC. 313. <<NOTE: 50 USC 3079.>> INSIDER THREAT POLICY
COMPLIANCE AND REPORTING.
``The head of each element of the intelligence community shall--
``(1) implement the policy established in accordance with
section 102A(f)(8); and
``(2) concurrent with the submission to Congress of budget
justification materials in support of the budget of the
President for a fiscal year that is submitted to Congress under
section 1105(a) of title 31, United States Code, submit to
Congress a certification as to whether the element is in
compliance with such policy.''.
(c) Conforming Amendment.--Section 102A(x)(3) of such Act (50 U.S.C.
3024(x)(3)) is amended by inserting ``, including the policy under
subsection (f)(8),'' after ``policies of the intelligence community''.
(d) Clerical Amendment.--The table of contents preceding section 2
of such Act is amended by inserting after the item relating to section
312 the following new item:
``Sec. 313. Insider threat policy compliance and reporting.''.
SEC. 6315. UNFUNDED PRIORITIES OF THE INTELLIGENCE COMMUNITY.
Title V of the National Security Act of 1947 (50 U.S.C. 3091 et
seq.) is amended by adding at the end the following new section (and
conforming the table of contents at the beginning of such Act
accordingly):
[[Page 136 STAT. 3512]]
``SEC. 514. <<NOTE: 50 USC 3113.>> UNFUNDED PRIORITIES OF THE
INTELLIGENCE COMMUNITY: ANNUAL REPORT.
``(a) Annual Report.--Not later than 10 days after the date on which
the budget of the President for a fiscal year is submitted to Congress
pursuant to section 1105 of title 31, United States Code, the head of
each element of the intelligence community shall submit to the Director
of National Intelligence, the congressional intelligence committees, the
Subcommittee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives a report on the unfunded
priorities of the programs under the jurisdiction of such head.
``(b) Elements.--
``(1) In general.--Each report under subsection (a) shall
specify, for each unfunded priority covered by such report, the
following:
``(A) <<NOTE: Summary.>> A summary description of
such priority, including the objectives to be achieved
if such priority is funded (whether in whole or in
part).
``(B) Whether such priority will satisfy a covert
action or support collection against requirements
identified in the National Intelligence Priorities
Framework of the Office of the Director of National
Intelligence (or any successor mechanism established for
the prioritization of programs and activities),
including a description of such requirements and the
related prioritization level.
``(C) The additional amount of funds recommended in
connection with the objectives under subparagraph (A).
``(D) Budget information with respect to the
unfunded priority, including--
``(i) the appropriation account;
``(ii) the expenditure center; and
``(iii) the project and, if applicable,
subproject.
``(2) Prioritization of priorities.--Each report shall
present the unfunded priorities covered by such report in
overall order of urgency of priority among unfunded priorities.
``(c) Unfunded Priority Defined.--In this section, the term
`unfunded priority', in the case of a fiscal year, means a program,
activity, or mission requirement of an element of the intelligence
community that--
``(1) is not funded in the budget of the President for the
fiscal year as submitted to Congress pursuant to section 1105 of
title 31, United States Code;
``(2) is necessary to fulfill a covert action or to satisfy
an information requirement associated with the collection,
analysis, or dissemination of intelligence that has been
documented within the National Intelligence Priorities
Framework; and
``(3) would have been recommended for funding by the head of
the element of the intelligence community if--
``(A) additional resources had been available for
the budget to fund the program, activity, or mission
requirement; or
``(B) the program, activity, or mission requirement
has emerged since the budget was formulated.''.
[[Page 136 STAT. 3513]]
SEC. 6316. SUBMISSION OF COVERED DOCUMENTS AND CLASSIFIED ANNEXES.
(a) Requirement.--Title V of the National Security Act of 1947 (50
U.S.C. 3091 et seq.), as amended by section 6315, is further amended by
adding at the end the following new section (and conforming the table of
contents at the beginning of such Act accordingly):
``SEC. 515. <<NOTE: 50 USC 3114.>> SUBMISSION OF COVERED
DOCUMENTS AND CLASSIFIED ANNEXES.
``(a) Covered Document Defined.--In this section, the term `covered
document' means any executive order, memorandum, or policy directive
issued by the President, including national security Presidential
memoranda and Presidential policy directives, or such successor
memoranda and directives.
``(b) <<NOTE: Deadline.>> Requirement.--Not later than 7 days after
the date on which the President issues or amends a covered document, the
President, acting through the Director of National Intelligence, shall
submit to the congressional intelligence committees, the Subcommittee on
Defense of the Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on Appropriations of the House
of Representatives the covered document and any classified annex
accompanying that document if such covered document or annex contains a
direction to, establishes a requirement for, or includes a restriction
on any element of the intelligence community.''.
(b) <<NOTE: Deadline. 50 USC 3114 note.>> Initial Submission.--Not
later than 60 days after the date of the enactment of this Act, the
Director of National Intelligence shall submit to the congressional
intelligence committees, the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives each covered
document and classified annex required under section 515 of the National
Security Act of 1947, as added by subsection (a), in effect as of the
date of enactment of this Act.
(c) Repeal.--Section 310 of the Intelligence Authorization Act for
Fiscal Year 2017 (Public Law 115-31; 50 U.S.C. 3312) is hereby repealed.
SEC. 6317. IMPROVEMENTS TO PROGRAM ON RECRUITMENT AND TRAINING.
Section 1022 of the National Security Act of 1947 (50 U.S.C. 3222)
is amended to read as follows:
``SEC. 1022. PROGRAM ON RECRUITMENT AND TRAINING.
``(a) Program.--
``(1) Requirement.--The Director of National Intelligence,
in consultation with the heads of the elements of the
intelligence community, shall carry out a program to ensure that
selected individuals are provided funds for academic training
(including with respect to both undergraduate and postgraduate
education), or to reimburse for academic training previously
obtained--
``(A) in capabilities, missions, or skillsets,
especially in the fields of science, technology, math,
and engineering, to address workforce requirements in
which the intelligence community is deficient or likely
to be deficient in the future; or
[[Page 136 STAT. 3514]]
``(B) for such individuals who have backgrounds or
experiences that the Director has identified as--
``(i) contributing to capabilities, missions,
or skillsets in which the intelligence community
is deficient or likely to be deficient in future;
and
``(ii) being underrepresented in the
intelligence community or likely to be
underrepresented in the future.
``(2) Commitment.--An individual selected for participation
in the program shall commit to employment with an element of the
intelligence community for a period that the Director determines
is commensurate with the amount of funding provided to the
individual under the program and under such terms and conditions
as the Director considers appropriate.
``(3) Designation.--The program shall be known as the Pat
Roberts Intelligence Scholars Program.
``(4) Outreach.--The Director, in consultation with the
heads of the elements of the intelligence community, shall
maintain a publicly available internet website on the program
that describes--
``(A) the intent of the program;
``(B) the conditions and requirements for selection
and participation;
``(C) application instructions;
``(D) the areas covered by the program pursuant to
the review conducted under subsection (b)(2); and
``(E) any other details the Director determines
appropriate.
``(b) Elements.--In carrying out the program under subsection (a),
the Director shall--
``(1) <<NOTE: Requirements.>> establish such requirements
relating to the academic training of participants as the
Director considers appropriate to ensure that participants are
prepared for employment as intelligence professionals; and
``(2) <<NOTE: Review.>> on an annual basis, review the
areas that will contribute to the capabilities, missions, and
skillsets in which the intelligence community is deficient or is
likely to be deficient in the future.
``(c) <<NOTE: Payments.>> Use of Funds.--Funds made available for
the program under subsection (a) shall be used--
``(1) to provide a monthly stipend for each month that a
participant is pursuing a course of study;
``(2) to pay the partial or full tuition of a participant
for the completion of such course of study;
``(3) <<NOTE: Reimbursement.>> to reimburse a participant
for tuition paid by the participant before becoming an employee
of an element of the intelligence community, including with
respect to providing payments for student loans used for such
tuition;
``(4) to pay for books and materials that the participant
requires or required to complete such course of study;
``(5) to pay the expenses of the participant for travel
requested by an element of the intelligence community in
relation to such program; or
``(6) for such other purposes the Director considers
reasonably appropriate to carry out such program.''.
[[Page 136 STAT. 3515]]
SEC. 6318. MEASURES TO MITIGATE COUNTERINTELLIGENCE THREATS FROM
PROLIFERATION AND USE OF FOREIGN
COMMERCIAL SPYWARE.
(a) <<NOTE: 50 USC 3232a note.>> Definitions.--In this section:
(1) Covered device.--The term ``covered device'' means any
electronic mobile device including smartphones, tablet computing
devices, or laptop computing devices, that is issued by an
element of the intelligence community for official use.
(2) Foreign commercial spyware; foreign company; spyware.--
The terms ``foreign commercial spyware'', ``foreign company'',
and ``spyware'' have the meanings given those terms in section
1102A of the National Security Act of 1947 (50 U.S.C. 3231 et
seq.), as added by this section.
(b) <<NOTE: 50 USC 3232a note.>> Statement of Policy.--It shall be
the policy of the United States to act decisively against
counterintelligence threats posed by foreign commercial spyware, as well
as the individuals who lead entities selling foreign commercial spyware
and who are reasonably believed to be involved, have been involved, or
pose a significant risk to being or becoming involved, in activities
contrary to the national security or foreign policy interests of the
United States.
(c) Measures to Mitigate Counterintelligence Threats.--Title XI of
the National Security Act of 1947 (50 U.S.C. 3231 et seq.) is amended by
inserting after section 1102 the following new section (and conforming
the table of contents at the beginning of such Act accordingly):
``SEC. 1102A. <<NOTE: 50 USC 3232a.>> MEASURES TO MITIGATE
COUNTERINTELLIGENCE THREATS FROM
PROLIFERATION AND USE OF FOREIGN
COMMERCIAL SPYWARE.
``(a) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Select Committee on Intelligence, the
Committee on Foreign Relations, the Committee on Armed
Services, the Committee on Banking, Housing, and Urban
Affairs, the Committee on the Judiciary, the Committee
on Appropriations, and the Committee on Homeland
Security and Governmental Affairs of the Senate; and
``(B) the Permanent Select Committee on
Intelligence, the Committee on Foreign Affairs, the
Committee on Armed Services, the Committee on Financial
Services, the Committee on the Judiciary, the Committee
on Appropriations, the Committee on Homeland Security,
and the Committee on Oversight and Reform of the House
of Representatives.
``(2) Covered entity.--The term `covered entity' means any
foreign company that either directly or indirectly develops,
maintains, owns, operates, brokers, markets, sells, leases,
licenses, or otherwise makes available spyware.
``(3) Foreign commercial spyware.--The term `foreign
commercial spyware' means spyware that is developed (solely or
in partnership with a foreign company), maintained, sold,
leased, licensed, marketed, sourced (in whole or in part), or
otherwise provided, either directly or indirectly, by a foreign
company.
``(4) Foreign company.--The term `foreign company' means a
company that is incorporated or domiciled outside of the
[[Page 136 STAT. 3516]]
United States, including any subsidiaries or affiliates wherever
such subsidiaries or affiliates are domiciled or incorporated.
``(5) Spyware.--The term `spyware' means a tool or set of
tools that operate as an end-to-end system of software to
provide an unauthorized user remote access to information stored
on or transiting through an electronic device connected to the
Internet and not owned or operated by the unauthorized user,
including end-to-end systems that--
``(A) allow an unauthorized user to remotely infect
electronic devices with malicious software, including
without any action required by the user of the device;
``(B) can record telecommunications or other audio
captured on a device not owned by the unauthorized user;
``(C) undertake geolocation, collect cell site
location information, or otherwise track the location of
a device or person using the internal sensors of an
electronic device not owned by the unauthorized user;
``(D) allow an unauthorized user access to and the
ability to retrieve information on the electronic
device, including text messages, files, e-mails,
transcripts of chats, contacts, photos, and browsing
history; or
``(E) any additional criteria described in publicly
available documents published by the Director of
National Intelligence, such as whether the end-to-end
system is used outside the context of a codified lawful
intercept system.
``(b) Annual Assessments of Counterintelligence Threats.--
``(1) <<NOTE: Reports.>> Requirement.--Not later than 90
days after the enactment of the Intelligence Authorization Act
for Fiscal Year 2023, and annually thereafter, the Director of
National Intelligence, in coordination with the Director of the
Central Intelligence Agency, the Director of the National
Security Agency, and the Director of the Federal Bureau of
Investigation, shall submit to the appropriate congressional
committees a report with an accompanying classified annex
containing an assessment of the counterintelligence threats and
other risks to the national security of the United States posed
by the proliferation of foreign commercial spyware. The
assessment shall incorporate all credible data, including open-
source information.
``(2) Elements.--Each report under paragraph (1) shall
include the following, if known:
``(A) <<NOTE: List.>> A list of the most
significant covered entities.
``(B) A description of the foreign commercial
spyware marketed by the covered entities identified
under subparagraph (A) and an assessment by the
intelligence community of the foreign commercial
spyware.
``(C) An assessment of the counterintelligence risk
to the intelligence community or personnel of the
intelligence community posed by foreign commercial
spyware.
``(D) For each covered entity identified in
subparagraph (A), details of any subsidiaries,
resellers, or other agents acting on behalf of the
covered entity.
``(E) Details of where each covered entity
identified under subparagraphs (A) and (D) is domiciled.
``(F) A description of how each covered entity
identified under subparagraphs (A) and (D) is financed,
where the covered entity acquired its capital, and the
organizations
[[Page 136 STAT. 3517]]
and individuals having substantial investments or other
equities in the covered entity.
``(G) An assessment by the intelligence community of
any relationship between each covered entity identified
in subparagraphs (A) and (D) and any foreign government,
including any export controls and processes to which the
covered entity is subject.
``(H) <<NOTE: List.>> A list of the foreign
customers of each covered entity identified in
subparagraphs (A) and (D), including the understanding
by the intelligence community of the organizations and
end-users within any foreign government.
``(I) With respect to each foreign customer
identified under subparagraph (H), an assessment by the
intelligence community regarding how the foreign
customer is using the spyware, including whether the
foreign customer has targeted personnel of the
intelligence community.
``(J) With respect to the first report required
under paragraph (1), a mitigation plan to reduce the
exposure of personnel of the intelligence community to
foreign commercial spyware.
``(K) With respect to each report following the
first report required under paragraph (1), details of
steps taken by the intelligence community since the
previous report to implement measures to reduce the
exposure of personnel of the intelligence community to
foreign commercial spyware.
``(3) Classified annex.--In submitting the report under
subsection (2), the Director shall also include an accompanying
but separate classified annex, providing a watchlist of
companies selling, leasing, or otherwise providing foreign
commercial spyware that the Director determines are engaged in
activities that pose a counterintelligence risk to personnel of
the intelligence community.
``(4) <<NOTE: Classified information.>> Form.--Each report
under paragraph (1) shall be submitted in classified form.
``(5) Dissemination.--The Director of National Intelligence
shall separately distribute each report under paragraph (1) and
each annex under paragraph (3) to the President, the heads of
all elements of the intelligence community, the Secretary of
State, the Attorney General, the Secretary of Commerce, the
Secretary of Homeland Security, the National Cyber Director, and
the heads of any other departments or agencies the Director of
National Intelligence determines appropriate.
``(c) Authority to Prohibit Purchase or Use by Intelligence
Community.--
``(1) Foreign commercial spyware.--
``(A) In general.--The Director of National
Intelligence may prohibit any element of the
intelligence community from procuring, leasing, or
otherwise acquiring on the commercial market, or
extending or renewing a contract to procure, lease, or
otherwise acquire, foreign commercial spyware.
``(B) Considerations.--In determining whether and
how to exercise the authority under subparagraph (A),
the Director of National Intelligence shall consider--
[[Page 136 STAT. 3518]]
``(i) <<NOTE: Assessment.>> the assessment of
the intelligence community of the
counterintelligence threats or other risks to the
United States posed by foreign commercial spyware;
``(ii) <<NOTE: Assessment.>> the assessment
of the intelligence community of whether the
foreign commercial spyware has been used to target
United States Government personnel.
``(iii) whether the original owner or
developer retains any of the physical property or
intellectual property associated with the foreign
commercial spyware;
``(iv) whether the original owner or developer
has verifiably destroyed all copies of the data
collected by or associated with the foreign
commercial spyware;
``(v) whether the personnel of the original
owner or developer retain any access to data
collected by or associated with the foreign
commercial spyware;
``(vi) whether the use of the foreign
commercial spyware requires the user to connect to
an information system of the original owner or
developer or information system of a foreign
government; and
``(vii) whether the foreign commercial spyware
poses a counterintelligence risk to the United
States or any other threat to the national
security of the United States.
``(2) Company that has acquired foreign commercial
spyware.--
``(A) Authority.--The Director of National
Intelligence may prohibit any element of the
intelligence community from entering into any contract
or other agreement for any purpose with a company that
has acquired, in whole or in part, any foreign
commercial spyware.
``(B) Considerations.--In considering whether and
how to exercise the authority under subparagraph (A),
the Director of National Intelligence shall consider--
``(i) whether the original owner or developer
of the foreign commercial spyware retains any of
the physical property or intellectual property
associated with the spyware;
``(ii) whether the original owner or developer
of the foreign commercial spyware has verifiably
destroyed all data, and any copies thereof,
collected by or associated with the spyware;
``(iii) whether the personnel of the original
owner or developer of the foreign commercial
spyware retain any access to data collected by or
associated with the foreign commercial spyware;
``(iv) whether the use of the foreign
commercial spyware requires the user to connect to
an information system of the original owner or
developer or information system of a foreign
government; and
``(v) whether the foreign commercial spyware
poses a counterintelligence risk to the United
States or any other threat to the national
security of the United States.
``(3) <<NOTE: Deadline.>> Notifications of prohibition.--
Not later than 30 days after the date on which the Director of
National Intelligence exercises the authority to issue a
prohibition under
[[Page 136 STAT. 3519]]
subsection (c), the Director of National Intelligence shall
notify the congressional intelligence committees of such
exercise of authority. Such notice shall include--
``(A) a description of the circumstances under which
the prohibition was issued;
``(B) an identification of the company or product
covered by the prohibition;
``(C) any information that contributed to the
decision of the Director of National Intelligence to
exercise the authority, including any information
relating to counterintelligence or other risks to the
national security of the United States posed by the
company or product, as assessed by the intelligence
community; and
``(D) an identification of each element of the
intelligence community to which the prohibition has been
applied.
``(4) Waiver authority.--
``(A) In general.--The head of an element of the
intelligence community may request from the Director of
National Intelligence the waiver of a prohibition made
under paragraph (1) or (2).
``(B) Director of national intelligence
determination.-- <<NOTE: Time period.>> The Director of
National Intelligence, upon receiving the waiver request
in subparagraph (A), may issue a waiver for a period not
to exceed one year in response to the request from the
head of an element of the intelligence community if such
waiver is in the national security interest of the
United States.
``(C) <<NOTE: Deadline.>> Notice.--Not later than
30 days after approving a waiver request pursuant to
subparagraph (B), the Director of National Intelligence
shall submit to the congressional intelligence
committees, the Subcommittee on Defense of the Committee
on Appropriations of the Senate, and the Subcommittee on
Defense of the Committee on Appropriations of the House
of Representatives a written notification. The
notification shall include--
``(i) an identification of the head of the
element of the intelligence community that
requested the waiver;
``(ii) the details of the waiver request,
including the national security interests of the
United States;
``(iii) the rationale and basis for the
determination that the waiver is in the national
security interests of the United States;
``(iv) the considerations that informed the
ultimate determination of the Director of National
Intelligence to issue the wavier; and
``(v) and any other considerations
contributing to the determination, made by the
Director of National Intelligence.
``(D) <<NOTE: Notifications. Deadline.>> Waiver
termination.--The Director of National Intelligence may
revoke a previously granted waiver at any time. Upon
revocation of a waiver, the Director of National
Intelligence shall submit a written notification to the
congressional intelligence committees, the Subcommittee
on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the
[[Page 136 STAT. 3520]]
Committee on Appropriations of the House of
Representatives not later than 30 days after making a
revocation determination.
``(5) <<NOTE: Deadline.>> Termination of prohibition.--The
Director of National Intelligence may terminate a prohibition
made under paragraph (1) or (2) at any time. Upon termination of
a prohibition, the Director of National Intelligence shall
submit a notification of the termination to the congressional
intelligence committees, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the Subcommittee
on Defense of the Committee on Appropriations of the House of
Representatives not later than 30 days after terminating a
prohibition, detailing the basis for the termination, including
any United States national security interests that may be
affected by such termination.''.
(d) Protection of Covered Devices.--
(1) <<NOTE: 50 USC 3232a note.>> Requirement.--Not later
than 120 days after the date of the enactment of this Act, the
Director of National Intelligence shall--
(A) <<NOTE: Standards. Guidance.>> issue standards,
guidance, best practices, and policies for elements of
the intelligence community to protect covered devices
from being compromised by foreign commercial spyware;
(B) survey elements of the intelligence community
regarding the processes used by the elements to
routinely monitor covered devices for indicators of
compromise associated with foreign commercial spyware;
and
(C) <<NOTE: Reports.>> submit to the congressional
intelligence committees a report on the sufficiency of
the measures in place to routinely monitor covered
devices for indicators of compromise associated with
foreign commercial spyware.
(2) <<NOTE: Classified information.>> Form.--The report
under paragraph (1)(C) may be submitted in classified form.
(3) <<NOTE: Deadline. Assessments.>> Counterintelligence
notifications.--Not later than 30 days after the date on which
an element of the intelligence community becomes aware that a
covered device was targeted or compromised by foreign commercial
spyware, the Director of National Intelligence, in coordination
with the Director of the Federal Bureau of Investigation, shall
notify the congressional intelligence committees, the
Subcommittee on Defense of the Committee on Appropriations of
the Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives of such
determination, including--
(A) the component of the element and the location of
the personnel whose covered device was targeted or
compromised;
(B) the number of covered devices compromised or
targeted;
(C) an assessment by the intelligence community of
the damage to national security of the United States
resulting from any loss of data or sensitive
information;
(D) an assessment by the intelligence community of
any foreign government, or foreign organization or
entity, and, to the extent possible, the foreign
individuals, who directed and benefitted from any
information acquired from the targeting or compromise;
and
[[Page 136 STAT. 3521]]
(E) as appropriate, an assessment by the
intelligence community of the capacity and will of such
governments or individuals to continue targeting
personnel of the United States Government.
(4) Private sector partnerships.--Section 904(d)(7) of the
Counterintelligence Enhancement Act of 2002 (50 U.S.C.
3383(d)(7)) is amended by adding at the end the following new
paragraph:
``(E) Vulnerabilities from foreign commercial
spyware.--
``(i) Consultation.--In carrying out efforts
to secure covered devices, to consult with the
private sector of the United States and reputable
third-party researchers to identify
vulnerabilities from foreign commercial spyware
(as defined in section 1102A(a) of the National
Security Act of 1947) and maintain effective
security measures for such devices.
``(ii) Covered device defined.--In this
subparagraph, the term `covered device' means any
electronic mobile device including smartphones,
tablet computing devices, or laptop computing
devices, that is issued by an element of the
intelligence community for official use.''.
(e) <<NOTE: 50 USC 3232a note.>> No Enhanced Authorities.--Nothing
in this section or an amendment made by this section shall be construed
as enhancing, or otherwise changing, the authorities of the intelligence
community to target, collect, process, or disseminate information
regarding United States Government personnel.
(f) Report on Harmonization Among Allied Countries.--
(1) Requirement.--Not later than 30 days after the date of
the enactment of this Act, the Director of National Intelligence
shall submit to the congressional intelligence committees, the
Subcommittee on Defense of the Committee on Appropriations of
the Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives a report on the
potential for the United States to lead an effort to devise and
implement a common approach with allied countries as the
Director determines appropriate, including the Five Eyes
Partnership, to mitigate the counterintelligence risks posed by
the proliferation of foreign commercial spyware, including by
seeking commitments to implement measures similar to the
requirements under this section and section 1102A of the
National Security Act of 1947 (50 U.S.C. 3231 et seq.), as added
by this section.
(2) Form.--The report under paragraph (1) shall be submitted
in unclassified form, but may contain a classified annex,
consistent with the protection of intelligence sources and
methods.
SEC. 6319. PERSONNEL VETTING PERFORMANCE MEASURES.
(a) Definitions of Continuing Vetting; Council; Security Executive
Agent.--In this section, the terms ``continuous vetting'', ``Council'',
and ``Security Executive Agent'' have the meanings given those terms in
section 6601 of the Damon Paul Nelson and Matthew Young Pollard
Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 (50
U.S.C. 3352).
[[Page 136 STAT. 3522]]
(b) <<NOTE: Deadline. Assessments.>> Measures.--Not later than 180
days after the date of the enactment of this Act and consistent with
section 807 of the Intelligence Authorization Act for Fiscal Year 2022
(Public Law 117-103), the Director of National Intelligence, acting as
the Security Executive Agent, and in coordination with the Chair and
other principals of the Council, shall develop performance measures to
assess the vetting of personnel, including measures to assess continuous
vetting and the quality of each phase of the personnel vetting process,
including the initiation, investigation, and adjudication phases.
(c) Report.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Director of National Intelligence
shall submit to Congress a report describing the performance
measures developed under subsection (b).
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) A description of how departments and agencies of
the United States Government have implemented Security
Executive Agent Directive 6 titled ``Continuous
Evaluation'' and related personnel vetting performance
measures to ensure that implementation is efficient and
effective, including the resources expended by each
department or agency for continuous vetting and whether
departments and agencies are identifying security-
relevant information in a timely manner.
(B) A description of the performance measures the
Director of National Intelligence and the Secretary of
Defense use to assess the quality of each phase of the
personnel vetting process, including initiation,
investigation, adjudication, reinvestigation, and
continuous vetting.
(C) How such performance measures meet key
attributes for successful performance measures as
described in the report of the Comptroller General of
the United States titled ``Personnel Vetting: Actions
Needed to Implement Reforms, Address Challenges, and
Improve Planning'' (GAO-22-104093).
(D) Any impediments or constraints relating to the
implementation of Security Executive Agent Directive 6
or the development of such performance measures to
assess the quality of the personnel vetting process.
SEC. 6320. PROACTIVE CYBERSECURITY.
(a) <<NOTE: Deadline.>> Survey of Elements.--Pursuant to section
103G(b)(1) of the National Security Act (50 U.S.C. 3032(b)(1)), not
later than 1 year after the date of the enactment of this Act, the Chief
Information Officer of the Intelligence Community shall conduct a survey
of each element of the intelligence community on the use by that element
of proactive cybersecurity initiatives, continuous activity security
testing, and active defense techniques.
(b) Report by Chief Information Officer.--
(1) Report.--Not later than 1 year after the date of the
completion of the survey under subsection (a), the Chief
Information Officer of the Intelligence Community shall submit
to the congressional intelligence committees, the Subcommittee
on Defense of the Committee on Appropriations of the Senate,
[[Page 136 STAT. 3523]]
and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives a report on
proactive cybersecurity initiatives, continuous activity
security testing, and active defense techniques. Such report
shall include the following:
(A) The results of the survey of each element of the
intelligence community conducted under subsection (a),
including--
(i) examples of any successes against
attackers who breached an information system of an
element of the intelligence community; and
(ii) concerns, limitations, and associated
recommendations relating to innovative uses of
proactive cybersecurity initiatives.
(B) <<NOTE: Analysis.>> An analysis of the
feasibility, costs, and benefits of consolidating
oversight and implementation of such methods within the
intelligence community, including whether such
consolidation would significantly enhance defense.
(C) <<NOTE: Analysis.>> An analysis of any
statutory or policy limitations on the ability of the
Director of National Intelligence, or the head of any
element of the intelligence community, to carry out such
methods on behalf of an element of the intelligence
community or multiple such elements.
(D) <<NOTE: Analysis.>> An analysis of the
relationships between and among the intelligence
community, the Department of Defense, the Cybersecurity
and Infrastructure Security Agency of the Department of
Homeland Security, national laboratories, and the
private sector, and whether such relationships should be
enhanced to protect national security systems of the
intelligence community through proactive cybersecurity
measures.
(E) With respect to active defense techniques, a
discussion of the effectiveness of such techniques to
protect the information systems of the elements of the
intelligence community, any constraints that hinder such
techniques, and associated recommendations.
(F) With respect to continuous activity security
testing, a discussion of--
(i) how an information system operates under
normal and intended use, compared to how such
system operates under a variety of adverse
conditions and scenarios; and
(ii) the feasibility of the adoption of
continuous activity security testing among the
intelligence community.
(G) <<NOTE: Recommenda- tions.>> Recommendations
for legislative action and further resources relating to
the successful use of proactive cybersecurity
initiatives, deception environments, and continuous
activity security testing.
(2) <<NOTE: Classified information.>> Form.--The report
under paragraph (1) may be submitted in classified form.
(c) Definitions.--In this section:
(1) Active defense technique.--The term ``active defense
technique'' means an action taken on an information system of an
element of the intelligence community to increase the security
of such system against an attacker, including--
[[Page 136 STAT. 3524]]
(A) the use of a deception technology or other
purposeful feeding of false or misleading information to
an attacker accessing such system; or
(B) proportional action taken in response to an
unlawful breach.
(2) Continuous activity security testing.--The term
``continuous activity security testing'' means continuous
experimentation conducted by an element of the intelligence
community on an information system of such element to evaluate
the resilience of such system against a malicious attack or
condition that could compromise such system for the purpose of
improving design, resilience, and incident response with respect
to such system.
(3) Deception technology.--The term ``deception technology''
means an isolated digital environment, system, or platform
containing a replication of an active information system with
realistic data flows to attract, mislead, and observe an
attacker.
(4) Intelligence community information environment.--The
term ``intelligence community information environment'' has the
meaning given the term in Intelligence Community Directive 121,
or any successor document.
(5) National laboratory.--The term ``national laboratory''
has the meaning given that term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(6) National manager for national security systems.--The
term ``National Manager for National Security Systems'' means
the Director of National Security, or successor official,
serving as the National Manager for National Security Systems
pursuant to National Security Directive 42, or any successor
document.
(7) National security system.--The term ``national security
system'' has the meaning given that term in section 3552 of
title 44, United States Code.
(8) Proactive cybersecurity initiatives.--The term
``proactive cybersecurity initiatives'' means actions performed
periodically and continuously within an organization, focused on
identifying and eliminating vulnerabilities within the network
infrastructure, preventing security breaches, and evaluating the
effectiveness of the business security posture in real-time,
including threat hunting, endpoint and network monitoring, and
cybersecurity awareness and training.
TITLE LXIV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
SEC. 6401. MODIFICATIONS TO RESPONSIBILITIES AND AUTHORITIES OF
DIRECTOR OF NATIONAL INTELLIGENCE.
Section 102A of the National Security Act of 1947 (50 U.S.C. 3024),
as amended by section 6314, is further amended--
[[Page 136 STAT. 3525]]
(1) in subsection (c)(5)(C), by striking ``may'' and
inserting ``shall'';
(2) in subsection (h)--
(A) in paragraph (1)(A)--
(i) by striking ``encourage'' and inserting
``require''; and
(ii) by inserting ``, independent of political
considerations,'' after ``tradecraft''; and
(B) by amending paragraph (3) to read as follows;
``(3) ensure that substantial differences in analytic
judgment are fully considered, brought to the attention of
policymakers, and documented in analytic products; and'';
(3) in subsection (i)--
(A) in paragraph (1), by inserting ``, and shall
establish and enforce policies to protect,'' after
``protect'';
(B) in paragraph (2), by striking ``guidelines'' and
inserting ``requirements''; and
(C) by adding at the end the following new
paragraph:
``(4)(A) Each head of an element of the intelligence community shall
ensure that any congressionally mandated report submitted to Congress by
the head, other than such a report submitted solely to the congressional
intelligence committees, shall be consistent with the protection of
intelligence sources and methods in accordance with the policies
established by the Director under paragraph (1), regardless of whether
the provision of law mandating the report explicitly requires such
protection.
``(B) Nothing in this paragraph shall be construed to alter any
congressional leadership's or congressional committee's jurisdiction or
access to information from any element of the intelligence community
under the rules of either chamber of Congress.''; and
(4) in subsection (x), in the matter preceding paragraph
(1), by striking ``the head of each department of the Federal
Government that contains an element of the intelligence
community and the Director of the Central Intelligence Agency''
and inserting ``the heads of the elements of the intelligence
community''.
SEC. 6402. ANNUAL SUBMISSION TO CONGRESS OF NATIONAL INTELLIGENCE
PRIORITIES FRAMEWORK.
Section 102A(p) of the National Security Act of 1947 (50 U.S.C.
3024(p)) is amended by inserting at the end the following new paragraph:
``(3) <<NOTE: Deadline. President. Records.>> Not later than
October 1 of each year, the President, acting through the Director of
National Intelligence, shall submit to the congressional intelligence
committees, the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives a copy of
the most recently updated National Intelligence Priorities Framework of
the Office of the Director of National Intelligence (or any such
successor mechanism).''.
SEC. 6403. DISPOSITION OF RECORDS OF OFFICE OF THE DIRECTOR OF
NATIONAL INTELLIGENCE.
Section 1096(a) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (Public Law 108-458; 50 U.S.C. 3001 note) is amended--
(1) by inserting ``(1)'' before ``Upon'';
[[Page 136 STAT. 3526]]
(2) by adding at the end the following new sentence: ``Any
records of the Office of the Director of National Intelligence
that are maintained by the agency as a service for the Office of
the Director of National Intelligence under section 1535 of
title 31, United States Code, (popularly known as the `Economy
Act') may be treated as the records of the agency when
dispositioned as required by law, and any disclosure of such
records between the two agencies shall not be subject to any
otherwise applicable legal consent requirements or disclosure
accounting requirements.''; and
(3) by adding at the end the following new paragraph:
``(2) The records of the Office of the Director of National
Intelligence may not be dispositioned pursuant to paragraph (1) without
the authorization of the Director of National Intelligence.''.
Subtitle B--Central Intelligence Agency
SEC. 6411. CLARIFICATION REGARDING PROTECTION OF CENTRAL
INTELLIGENCE AGENCY FUNCTIONS.
Section 6 of the Central Intelligence Agency Act of 1949 (50 U.S.C.
3507) is amended by striking ``, functions'' and inserting ``or
functions of the Agency, or of the''.
SEC. 6412. EXPANSION OF REPORTING REQUIREMENTS RELATING TO
AUTHORITY TO PAY PERSONNEL OF CENTRAL
INTELLIGENCE AGENCY FOR CERTAIN INJURIES
TO THE BRAIN.
Section 2(d)(1) of the Helping American Victims Afflicted by
Neurological Attacks Act of 2021 (Public Law 117-46) <<NOTE: 50 USC
3519b note.>> is amended--
(1) in subparagraph (A), by inserting ``and not less
frequently than once each year thereafter for 5 years'' after
``Not later than 365 days after the date of the enactment of
this Act'';
(2) in subparagraph (B), by adding at the end the following:
``(iv) Detailed information about the number
of covered employees, covered individuals, and
covered dependents who reported experiencing
vestibular, neurological, or related injuries,
including those broadly termed `anomalous health
incidents'.
``(v) The number of individuals who have
sought benefits under any provision of section 19A
of the Central Intelligence Agency Act of 1949 (50
U.S.C. 3519b).
``(vi) The number of covered employees,
covered individuals, and covered dependents who
are unable to perform all or part of their
professional duties as a result of injuries
described in clause (iv).
``(vii) <<NOTE: Assessment.>> An updated
analytic assessment coordinated by the National
Intelligence Council regarding the potential
causes and perpetrators of anomalous health
incidents, as well as any and all dissenting views
within the intelligence community, which shall be
included as appendices to the assessment.''; and
(3) in subparagraph (C), by striking ``The'' and inserting
``Each''.
[[Page 136 STAT. 3527]]
SEC. 6413. <<NOTE: 50 USC 3506 note.>> HISTORICAL ADVISORY PANEL
OF CENTRAL INTELLIGENCE AGENCY.
(a) Sense of Congress.--It is the sense of Congress that Congress
expresses its appreciation--
(1) to the Director of the Central Intelligence Agency for
reconstituting the Historical Advisory Panel; and
(2) for the important work of the Historical Advisory Panel,
especially for--
(A) the efforts of the Panel to aid with the
declassification of materials that enrich the historical
national security record; and
(B) the assistance of the Panel in liaison with the
scholarly community.
(b) Reporting Requirement.--The Historical Advisory Panel shall
report directly to the Director of the Central Intelligence Agency.
(c) Historical Advisory Panel Defined.--The term ``Historical
Advisory Panel'' means the panel of the Central Intelligence Agency,
regardless of the name of the panel, that assists in conducting
declassification reviews and providing other assistance with respect to
matters of historical interest.
SEC. 6414. AUTHORITY OF CENTRAL INTELLIGENCE AGENCY TO PROVIDE
PROTECTION FOR CERTAIN PERSONNEL.
(a) Authority.--Paragraph (4) of section 5(a) of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 3506(a)), as amended by
section 6303, is further amended to read as follows:
``(4) Authorize personnel designated by the Director to carry
firearms to the extent necessary for the performance of the Agency's
authorized functions, except that, within the United States, such
authority shall be limited to the purposes of--
``(A) the training of Agency personnel and other authorized
persons in the use of firearms;
``(B) the protection of classified materials and
information;
``(C) the protection of installations and property of the
Agency;
``(D) the protection of--
``(i) current and former Agency personnel and their
immediate families;
``(ii) individuals nominated by the President to the
position of Director (including with respect to an
individual whom a President-elect (as defined in section
3(c) of the Presidential Transition Act of 1963 (3
U.S.C. 102 note) has declared an intent to nominate) and
their immediate families; and
``(iii) defectors and their immediate families, and
other persons in the United States under Agency
auspices; and
``(E) with respect to the Office of the Director of National
Intelligence, the protection of--
``(i) installations and property of the Office of
the Director of National Intelligence;
``(ii) the Director of National Intelligence and the
immediate family of the Director;
``(iii) current and former personnel of the Office
of the Director of National Intelligence and their
immediate families as the Director of National
Intelligence may designate; and
[[Page 136 STAT. 3528]]
``(iv) individuals nominated by the President to the
position of Director of National Intelligence (including
with respect to an individual whom a President-elect has
declared an intent to nominate) and their immediate
families;''.
(b) Conforming Amendment.--Section 15(d)(1) of such Act (50 U.S.C.
3515(d)(1)) is amended by striking ``designated by the Director under
section 5(a)(4) to carry firearms for the protection of current or
former Agency personnel and their immediate families, defectors and
their immediate families, and other persons in the United States under
Agency auspices,'' and inserting the following: ``designated by the
Director to carry firearms under subparagraph (D) or (E) of section
5(a)(4),''.
(c) Technical Amendment.--Paragraphs (7) and (8) of section 5(a) of
such Act (50 U.S.C. 3506(a)) are amended by adjusting the margins to
conform with the other paragraphs in such section.
SEC. 6415. NOTIFICATION OF USE OF CERTAIN EXPENDITURE AUTHORITIES.
(a) CIA.--Section 8 of the Central Intelligence Agency Act of 1949
(50 U.S.C. 3510) is amended by adding at the end the following new
subsection:
``(c) <<NOTE: Deadline.>> Notification.--Not later than 30 days
after the date on which the Director makes a novel and significant
expenditure pursuant to subsection (a), the Director shall notify the
Permanent Select Committee on Intelligence of the House of
Representatives, the Select Committee on Intelligence of the Senate, the
Subcommittee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives of such expenditure.''.
(b) Other Elements.--Section 102A of the National Security Act of
1947 (50 U.S.C. 3024), as amended by section 6402, is further amended--
(1) in subsection (m)(1), by inserting before the period at
the end the following: ``, including with respect to the
notification requirement under section 8(c) of such Act (50
U.S.C. 3510(c))''; and
(2) in subsection (n), by adding at the end the following
new paragraph:
``(5) Any authority provided to the Director of National
Intelligence or the head of an element of the intelligence community
pursuant to this subsection to make an expenditure referred to in
subsection (a) of section 8 of the Central Intelligence Agency Act of
1949 (50 U.S.C. 3510) is subject to the notification requirement under
subsection (c) of such section. If the Director of National Intelligence
is required to make a notification for a specific expenditure pursuant
to both this paragraph and paragraph (4)(G), the Director may make a
single notification.''.
SEC. 6416. OFFICE SUPPORTING CENTRAL INTELLIGENCE AGENCY WORKFORCE
WELLBEING.
(a) Establishment.--The Central Intelligence Agency Act of 1949 (50
U.S.C. 3501 et seq.) is amended by adding at the end the following new
section:
``SEC. 29. <<NOTE: 50 USC 3530.>> OFFICE OF WELLNESS AND
WORKFORCE SUPPORT.
``(a) Establishment.--The Director shall establish within the Agency
an office (in this section referred to as the `Office') to
[[Page 136 STAT. 3529]]
provide support for the physical health, mental health, and wellbeing of
eligible individuals under subsection (d).
``(b) Chief Wellbeing Officer; Assigned Staff.--
``(1) Chief wellbeing officer.--The head of the Office is
the Chief Wellbeing Officer, who shall provide to the Director
regular updates on the operations of the Office.
``(2) Assigned staff.--To assist in performing the functions
under subsection (c), the Director shall assign to the Office a
sufficient number of individuals, who shall have no official
duties other than duties related to the Office while so
assigned.
``(c) Functions of Office.--
``(1) Functions.--The Director shall establish the functions
and role of the Office, which shall include the following:
``(A) Providing to eligible individuals under
subsection (d) advice and assistance on health and
wellbeing, including with respect to--
``(i) physical health and access to physical
health care;
``(ii) mental health and access to mental
health care; and
``(iii) other related programs and benefits
for which the individual may be eligible.
``(B) In providing advice and assistance to
individuals under subparagraph (A), assisting such
individuals who are applying for, and navigating the
process to obtain, benefits furnished by the United
States Government for which the individual is eligible,
including, at a minimum--
``(i) health care and benefits described in
such subparagraph; and
``(ii) benefits furnished pursuant to section
19A.
``(C) Maintaining, and making available to eligible
individuals under subsection (d), the following:
``(i) A list of physicians and mental health
care providers (including from the private sector,
as applicable), who have experience with the
physical and mental health care needs of the
Agency workforce.
``(ii) A list of chaplains and religious
counselors who have experience with the needs of
the Agency workforce, including information
regarding access to the Chaplain Corps established
under section 26.
``(iii) Information regarding how to select
and retain private attorneys who have experience
with the legal needs of the Agency workforce,
including detailed information on the process for
the appropriate sharing of information with
retained private attorneys.
``(D) Any other functions the Director determines
appropriate.
``(2) Rule of construction.--The inclusion of any person on
a list maintained or made available pursuant to paragraph (1)(C)
shall not be construed as an endorsement of such person (or any
service furnished by such person), and the Director shall not be
liable, as a result of such inclusion, for any portion of
compensable injury, loss, or damage attributable to such person
or service.
``(3) Confidentiality.--
``(A) Requirement.--The Director shall ensure that,
to the extent permitted by law, the advice and
assistance
[[Page 136 STAT. 3530]]
provided by the Office to eligible individuals under
subsection (d) is provided in a confidential manner.
``(B) <<NOTE: Deadline.>> Regulations.--The
Director may prescribe regulations regarding the
requirement for confidentiality under this paragraph.
The Director shall submit to the congressional
intelligence committees (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003)), the
Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on
Defense of the Committee on Appropriations of the House
of Representatives any such regulations not later than
30 days after prescribing such regulations.
``(d) Eligibility.--
``(1) In general.--An individual described in paragraph (2)
may receive a service under the Office at the election of the
individual.
``(2) Individuals described.--An individual described in
this paragraph is--
``(A) a current or former officer or employee of the
Agency; or
``(B) an individual affiliated with the Agency, as
determined by the Director.''.
(b) <<NOTE: 50 USC 3530 note.>> Deadline for Establishment.--The
Director of the Central Intelligence Agency shall establish the Office
under section 29 of the Central Intelligence Agency Act of 1949 (as
added by subsection (a)) (in this section referred to as the ``Office'')
by not later than 120 days after the date of the enactment of this Act.
(c) <<NOTE: Time period.>> Biannual Briefings.--On a biannual basis
during the three-year period beginning on the date of the establishment
of the Office, the Director shall provide to the congressional
intelligence committees, the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives a briefing
on the status of the Office, including on--
(1) the number of individuals assigned to the Office
pursuant to subsection (b)(2) of section 29 of the Central
Intelligence Agency Act of 1949 (as added by subsection (a));
and
(2) the number of eligible individuals under subsection (d)
of such section 29 who have received services under the Office,
and the type of services so received.
Subtitle C--Elements of the Defense Intelligence Enterprise
SEC. 6421. INCLUSION OF SPACE FORCE AS ELEMENT OF INTELLIGENCE
COMMUNITY.
Section 3(4)(H) of the National Security Act of 1947 (50 U.S.C.
3003(4)(H)) is amended by inserting ``the Space Force,'' after ``the
Marine Corps,''.
SEC. <<NOTE: 50 USC 3334l.>> 6422. OVERSIGHT OF DEFENSE
INTELLIGENCE AGENCY CULTURE.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services of the Senate;
[[Page 136 STAT. 3531]]
(C) the Subcommittee on Defense of the Committee on
Appropriations of the Senate;
(D) the Committee on Armed Services of the House of
Representatives; and
(E) the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
(2) Workforce climate survey.--The term ``workforce climate
survey''--
(A) means a workforce engagement or climate survey
conducted at the agency, directorate, career field, or
integrated intelligence center level, without regard to
whether the survey is conducted on an annual or ad-hoc
basis; and
(B) does not include an exit survey specified in
subsection (c).
(b) Findings.--Congress finds that the Defense Intelligence Agency
has committed to improving Agency culture and leadership; however,
actions taken by the Agency as of the date of the enactment of this Act
have not enabled a full assessment of the extent of workforce culture
issues and potential management abuses, and require additional
Congressional oversight to ensure concerns are both understood and
addressed.
(c) Mandatory Provision of Exit Survey or Interview.--
(1) In general.--The Director of the Defense Intelligence
Agency shall ensure that each employee of such Agency who leaves
employment with such Agency (but not including any detail
assignment) completes an exit survey or exit interview prior to
such departure, to the extent practicable.
(2) Annual submissions to congress.--On an annual basis
during the 3-year period beginning on the date of the enactment
of this Act, the Director of the Defense Intelligence Agency
shall submit to the appropriate committees of Congress a written
analysis of the results of the exit surveys or exit interviews
completed pursuant to paragraph (1) during the year covered by
the report together with a plan of the Director to address any
issues identified pursuant to such results to improve retention
and culture.
(d) Congressional Oversight Relating to Workforce Climate Surveys.--
(1) Notifications of ad-hoc workforce climate surveys.--
<<NOTE: Deadline.>> Not later than 14 days after the date on
which the Director of the Defense Intelligence Agency conducts
an ad-hoc workforce climate survey (including in response to a
specific incident or concern), the Director shall notify the
appropriate committees of Congress.
(2) Reports on final results.--Not later than 90 days after
the date on which the Director of the Defense Intelligence
Agency concludes the conduct of any workforce climate survey,
the Director shall submit to the appropriate committees of
Congress a report containing the final results of such workforce
climate survey. Such report shall include the following:
(A) The topic of the workforce climate survey, and
the workforce level surveyed.
(B) The rationale for conducting the workforce
climate survey.
(C) The measures in place to ensure the
accessibility of the workforce climate survey.
[[Page 136 STAT. 3532]]
(D) The lead official or entity conducting the
workforce climate survey.
(E) Any actions the Director intends to take, or is
considering, in response to the results of the workforce
climate survey.
(3) Accessibility of workforce climate surveys.--The
Director of the Defense Intelligence Agency shall ensure that,
to the extent practicable, and consistent with the protection of
intelligence sources and methods, workforce climate surveys are
accessible to employees of such Agency on classified and
unclassified systems.
(e) Feasibility Report.--Not later than 270 days after the date of
enactment of this Act, the Director of the Defense Intelligence Agency
shall submit to the appropriate committees of Congress a report
containing an analysis of the feasibility (including the anticipated
cost, personnel requirements, necessary authorities, and such other
matters as may be determined appropriate by the Director for purposes of
analyzing feasibility) of--
(1) conducting 360-degree performance reviews among
employees of the Defense Intelligence Agency; and
(2) including leadership suitability assessments (including
personality evaluations, communication style assessments, and
emotional intelligence aptitude assessments) for promotions of
such employees to a position within grade GS-14 or above of the
General Schedule.
Subtitle D--Other Elements
SEC. 6431. MODIFICATION OF ADVISORY BOARD IN NATIONAL
RECONNAISSANCE OFFICE.
Section 106A(d) of the National Security Act of 1947 (50 U.S.C.
3041a(d)) is amended--
(1) in paragraph (3)(A)(i), by inserting ``, in consultation
with the Director of National Intelligence and the Secretary of
Defense,'' after ``Director''; and
(2) in paragraph (7), by striking ``the date that is 3 years
after the date of the first meeting of the Board'' and inserting
``September 30, 2024''.
SEC. 6432. <<NOTE: 10 USC 441 note.>> ESTABLISHMENT OF ADVISORY
BOARD FOR NATIONAL GEOSPATIAL-
INTELLIGENCE AGENCY.
(a) Establishment.--There is established in the National Geospatial-
Intelligence Agency an advisory board (in this section referred to as
the ``Board'').
(b) Duties.--The Board shall--
(1) study matters relating to the mission of the National
Geospatial-Intelligence Agency, including with respect to
integration of commercial capabilities, promoting innovation,
advice on next generation tasking, collection, processing,
exploitation, and dissemination capabilities, strengthening
functional management, acquisition, and such other matters as
the Director of the National Geospatial-Intelligence Agency
considers appropriate; and
(2) advise and report directly to the Director with respect
to such matters.
(c) Members.--
[[Page 136 STAT. 3533]]
(1) <<NOTE: Deadlines.>> Number and appointment.--
(A) In general.--The Board shall be composed of 6
members appointed by the Director from among individuals
with demonstrated academic, government, business, or
other expertise relevant to the mission and functions of
the Agency.
(B) Notification.--Not later than 30 days after the
date on which the Director appoints a member to the
Board, the Director shall notify the congressional
intelligence committees and the congressional defense
committees (as defined in section 101(a) of title 10,
United States Code) of such appointment.
(C) Initial appointments.--Not later than 180 days
after the date of the enactment of this Act, the
Director shall appoint the initial 6 members to the
Board.
(2) Terms.--Each member shall be appointed for a term of 3
years.
(3) Vacancy.--Any member appointed to fill a vacancy
occurring before the expiration of the term for which the
member's predecessor was appointed shall be appointed only for
the remainder of that term.
(4) Chair.--The Board shall have a Chair, who shall be
appointed by the Director from among the members.
(5) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
(6) Executive secretary.--The Director may appoint an
executive secretary, who shall be an employee of the Agency, to
support the Board.
(d) Meetings.--The Board shall meet not less than quarterly, but may
meet more frequently at the call of the Director.
(e) Reports.--Not later than March 31 of each year, the Board shall
submit to the Director and to the congressional intelligence committees,
the Committee on Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives a report on the
activities and significant findings of the Board during the preceding
year.
(f) Nonapplicability of Certain Requirements.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Board.
(g) Termination.--The Board shall terminate on the date that is 5
years after the date of the first meeting of the Board.
SEC. 6433. <<NOTE: 10 USC 441 note.>> ELEVATION OF THE COMMERCIAL
AND BUSINESS OPERATIONS OFFICE OF THE
NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY.
Beginning <<NOTE: Effective date.>> not later than 90 days after
the date of the enactment of this Act, the head of the commercial and
business operations office of the National Geospatial-Intelligence
Agency shall report directly to the Director of the National Geospatial-
Intelligence Agency.
SEC. 6435. STUDY ON PERSONNEL UNDER STRATEGIC INTELLIGENCE
PARTNERSHIP PROGRAM.
(a) Study.--The Director of National Intelligence and the Director
of the Office of Intelligence and Counterintelligence of
[[Page 136 STAT. 3534]]
the Department of Energy, in consultation with the National Laboratories
Directors' Council and in coordination with such other entities,
agencies, and departments as the Directors consider appropriate, shall
jointly conduct a study of the skills, recruitment, and retention of the
personnel at the national laboratories who carry out projects under the
Strategic Intelligence Partnership Program.
(b) Elements.--The study under subsection (a) shall address the
following:
(1) The degree to which the personnel at the national
laboratories who carry out projects under the Strategic
Intelligence Partnership Program have the requisite training,
skillsets, or expertise in critical science, technology, and
engineering areas to support ongoing and anticipated projects
under such Program, and the sufficiency of such personnel.
(2) Whether such personnel have compensation, benefits, and
pay scales that are competitive with comparable roles in the
private sector in the geographic market in which the relevant
national laboratory is located.
(3) Any challenges associated with the retention of such
personnel.
(4) The talent composition of such personnel, broken down by
career phase and degree status, to include any relevant exit
survey data.
(5) A description of current or previous programs to
enabling such personnel to rotate between elements of the
intelligence community and the national laboratories, including
the number of personnel on nonreimbursable or reimbursable
assignment to an element of the intelligence community.
(6) The degree to which such projects and personnel support
or augment other ongoing mission areas and capacities at the
national laboratories.
(c) Recommendations.--Upon completing the study under subsection
(a), the Directors shall jointly develop findings and recommendations
based on the results of the study regarding the recruitment and
retention of personnel at the national laboratories who carry out
projects under the Strategic Intelligence Partnership Program, including
with respect to the following:
(1) New or alternative business models, sponsorship
arrangements, or work scope agreements.
(2) Extending eligibility for existing, or establishing new,
recruitment, retention, or other career incentive programs,
including student loan repayment and forgiveness programs, to
such personnel.
(3) Initiating geographically flexible or remote work
arrangements for such personnel.
(4) Enabling such personnel to participate in training at
elements of the intelligence community, or obtain academic
training at the National Intelligence University.
(5) Establishing new, or enhancing existing, opportunities
for detailee or rotational programs among the intelligence
community and the national laboratories.
(6) Using a compensation system modeled on the Cyber Talent
Management System of the Department of Homeland Security for
such personnel.
(7) Any other recommendations the Directors determine
relevant.
[[Page 136 STAT. 3535]]
(d) Report.--
(1) Requirement.--Not later than 1 year after the date of
the enactment of this Act, the Directors shall jointly submit to
the congressional intelligence committees, the Subcommittee on
Defense of the Committee on Appropriations of the Senate, and
the Subcommittee on Defense of the Committee on Appropriations
of the House of Representatives a report containing the study
under subsection (a) and the recommendations under subsection
(c).
(2) Form.--The report under paragraph (1) shall be submitted
in unclassified form, but may include a classified annex.
(e) National Laboratories Defined.--In this section, the term
``national laboratories'' means--
(1) each national security laboratory (as defined in section
3281(1) of the National Nuclear Security Administration Act (50
U.S.C. 2471(1))); and
(2) each national laboratory of the Department of Energy.
SEC. 6436. BRIEFING ON COORDINATION BETWEEN INTELLIGENCE COMMUNITY
AND BUREAU OF INDUSTRY AND SECURITY.
(a) Definition of Appropriate Congressional Committees.--In this
section, the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations, the Committee on
Armed Services, the Committee on Banking, Housing, and Urban
Affairs, the Committee on Commerce, Science, and Transportation,
and the Subcommittee on Defense of the Committee on
Appropriations of the Senate; and
(3) the Committee on Foreign Affairs, the Committee on Armed
Services, the Committee on Financial Services, the Committee on
Energy and Commerce, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives.
(b) <<NOTE: Deadline.>> Classified Briefing.--Not later than 90
days after the date of the enactment of this Act, the Director of
National Intelligence and the Secretary of Commerce, or their designees,
shall jointly provide a classified briefing to the appropriate
congressional committees regarding--
(1) coordination between the intelligence community and the
Bureau of Industry and Security of the Department of Commerce;
(2) existing processes of the Bureau for the access to,
storage of, transmission of, and use of information provided to
the Bureau by an element of the intelligence community; and
(3) such recommendations as the Director and the Secretary
may have to enhance such access, storage, transmission, and use.
[[Page 136 STAT. 3536]]
TITLE LXV--MATTERS RELATING TO FOREIGN COUNTRIES
Subtitle A--Intelligence Matters Relating to the People's Republic of
China
SEC. 6501. REPORT ON WEALTH AND CORRUPT ACTIVITIES OF THE
LEADERSHIP OF THE CHINESE COMMUNIST
PARTY.
Not <<NOTE: Public information.>> later than 1 year after the date
of the enactment of this Act, the Director of National Intelligence, in
consultation with the Secretary of State, shall make available to the
public an unclassified report on the wealth and corrupt activities of
the leadership of the Chinese Communist Party, including the General
Secretary of the Chinese Communist Party and senior leadership officials
in the Central Committee, the Politburo, the Politburo Standing
Committee, and any other regional Party Secretaries.
SEC. 6502. IDENTIFICATION AND THREAT ASSESSMENT OF COMPANIES WITH
INVESTMENTS BY THE PEOPLE'S REPUBLIC OF
CHINA.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Commerce, Science, and Transportation
and the Subcommittee on Defense of the Committee on
Appropriations of the Senate; and
(3) the Committee on Energy and Commerce and the
Subcommittee on Defense of the Committee on Appropriations of
the House of Representatives.
(b) <<NOTE: Deadline.>> In General.--Not later than 120 days after
the date of the enactment of this Act, the Director of National
Intelligence, in consultation with such heads of elements of the
intelligence community as the Director considers appropriate, the
Chairperson of the Federal Communication Commission, and the
Administrator of the National Telecommunications and Information
Administration, shall provide to the appropriate committees of Congress
a report on the risk to national security of the use of--
(1) telecommunications companies with a 10% or greater
direct or indirect foreign investment by an entity or person
owned or controlled by, or subject to the jurisdiction or
direction of, the People's Republic of China that is operating
in the United States or providing services to affiliates and
personnel of the intelligence community; and
(2) hospitality and conveyance companies with substantial
investment by the People's Republic of China by affiliates and
personnel of the intelligence community for travel on behalf of
the United States Government.
SEC. 6503. INTELLIGENCE COMMUNITY WORKING GROUP FOR MONITORING THE
ECONOMIC AND TECHNOLOGICAL CAPABILITIES
OF THE PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--The Director of National Intelligence, in
consultation with such heads of elements of the intelligence community
[[Page 136 STAT. 3537]]
as the Director considers appropriate, shall establish a cross-
intelligence community analytical working group (in this section
referred to as the ``working group'') on the economic and technological
capabilities of the People's Republic of China.
(b) Monitoring and Analysis.--The working group shall monitor and
analyze--
(1) the economic and technological capabilities of the
People's Republic of China;
(2) the extent to which those capabilities rely on exports,
financing, or services from the United States and other foreign
countries;
(3) the links of those capabilities to the military-
industrial complex of the People's Republic of China; and
(4) the threats those capabilities pose to the national
security and values of the United States.
(c) Annual Assessment.--
(1) Definition of appropriate committees of congress.--In
this subsection, the term ``appropriate committees of Congress''
means--
(A) the congressional intelligence committees;
(B) the Committee on Foreign Relations, the
Committee on Banking, Housing, and Urban Affairs, the
Committee on Armed Services, the Committee on Homeland
Security and Governmental Affairs, the Committee on
Commerce, Science, and Transportation, and the Committee
on Appropriations of the Senate; and
(C) the Committee on Foreign Affairs, the Committee
on Financial Services, the Committee on Armed Services,
the Committee on Homeland Security, the Committee on
Energy and Commerce, the Committee on Ways and Means,
and the Committee on Appropriations of the House of
Representatives.
(2) <<NOTE: Deadline.>> In general.--Not less frequently
than once each year, the working group shall submit to the
appropriate committees of Congress an assessment of the economic
and technological strategy, efforts, and progress of the
People's Republic of China to become the dominant military,
technological, and economic power in the world and undermine the
rules-based world order.
(3) <<NOTE: Lists.>> Elements.--Each assessment required by
paragraph (2) shall include the following:
(A) An unclassified overview of the major goals,
strategies, and policies of the People's Republic of
China to control, shape, or develop self-sufficiency in
key technologies and control related supply chains and
ecosystems, including--
(i) efforts to acquire United States and other
foreign technology and recruit foreign talent in
technology sectors of the People's Republic of
China, including the extent to which those efforts
relate to the military-industrial complex of the
People's Republic of China;
(ii) efforts related to incentivizing
offshoring of United States and foreign
manufacturing to China, influencing global supply
chains, and creating supply chain vulnerabilities
for the United States, including China's financing
or potential financing in foreign countries to
create monopolies in the processing and exporting
of rare earth and other critical materials
[[Page 136 STAT. 3538]]
necessary for renewable energy, including cobalt,
lithium, and nickel;
(iii) related tools and market access
restrictions or distortions imposed by the
People's Republic of China on foreign firms and
laws and regulations of the People's Republic of
China that discriminate against United States and
other foreign firms; and
(iv) efforts of the People's Republic of China
to attract or restrict financing from the United
States and other foreign countries to build self-
sufficient national defense capabilities, an
evaluation of the relative contribution of foreign
financing to China's economic support for such
capabilities, and the type of capital flows from
the United States into China's national defense
capabilities from the specific actions taken by
the Government of the People's Republic of China
to attract or restrict financing to the outcome of
such efforts for entities and persons of the
People's Republic of China.
(B) An unclassified assessment of the progress of
the People's Republic of China to achieve its goals,
disaggregated by economic sector.
(C) An unclassified assessment of the impact of the
transfer of capital, technology, data, talent, and
technical expertise from the United States to China on
the economic, technological, and military capabilities
of the People's Republic of China.
(D) An unclassified list of the top 200 businesses,
academic and research institutions, or other entities of
the People's Republic of China that are--
(i) developing, producing, or exporting to
other countries the technologies that are
strategically important to the People's Republic
of China or supporting entities of the People's
Republic of China that are subject to sanctions
imposed by the United States;
(ii) supporting the military-civil fusion
program or the military industrial complex of the
People's Republic of China; or
(iii) otherwise supporting the goals and
efforts of the Chinese Communist Party and Chinese
government entities, including the Ministry of
State Security, the Ministry of Public Security,
and the People's Liberation Army.
(E) An unclassified list of the top 100 development,
infrastructure, or other strategic projects that the
People's Republic of China is financing abroad that--
(i) advance the technology goals and
strategies of the Chinese Communist Party; or
(ii) evade financial sanctions, export
controls, or import restrictions imposed by the
United States.
(F) An unclassified list of the top 100 businesses,
research institutions, or other entities of the People's
Republic of China that are developing surveillance,
smart cities, or related technologies that are--
(i) exported to other countries, undermining
democracy worldwide; or
[[Page 136 STAT. 3539]]
(ii) provided to the security services of the
People's Republic of China, enabling them to
commit severe human rights abuses in China.
(G) An unclassified list of the top 100 businesses
or other entities of the People's Republic of China that
are--
(i) operating in the genocide zone in
Xinjiang; or
(ii) supporting the Xinjiang Public Security
Bureau, the Xinjiang Bureau of the Ministry of
State Security, the People's Armed Police, or the
Xinjiang Production and Construction Corps.
(H) A list of investment funds, public companies, or
private or early-stage firms of the People's Republic of
China that have received more than $100,000,000 in
capital flows from the United States during the 10-year
period preceding the date on which the assessment is
submitted.
(4) Preparation of assessments.--In preparing each
assessment required by paragraph (2), the working group shall
use open source documents in Chinese language and commercial
databases.
(5) Format.--An assessment required by paragraph (2) may be
submitted in the format of a National Intelligence Estimate.
(6) Form.--Each assessment required by paragraph (2) shall
be submitted in unclassified form, but may include a classified
annex.
(7) <<NOTE: Public information. Web posting.>>
Publication.--The unclassified portion of each assessment
required by paragraph (2) shall be published on the publicly
accessible website of the Director of National Intelligence.
(d) <<NOTE: Deadline. Classified information.>> Briefings to
Congress.--Not less frequently than quarterly, the working group shall
provide to Congress a classified briefing on the economic and
technological goals, strategies, and progress of the People's Republic
of China, especially on the information that cannot be disclosed in the
unclassified portion of an assessment required by subsection (c)(2).
(e) Classified Analyses.--Each classified annex to an assessment
required by subsection (c)(2) or corresponding briefing provided under
subsection (d) shall include an analysis of--
(1) the vulnerabilities of the People's Republic of China,
disaggregated by economic sector, industry, and entity; and
(2) the technological or supply chain chokepoints of the
People's Republic of China that provide leverage to the United
States.
(f) Sunset.--This section shall cease to be effective on the date
that is 5 years after the date of the enactment of this Act.
SEC. 6504. ANNUAL REPORT ON CONCENTRATED REEDUCATION CAMPS IN THE
XINJIANG UYGHUR AUTONOMOUS REGION OF THE
PEOPLE'S REPUBLIC OF CHINA.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Foreign Relations, the
Committee on Banking, Housing, and Urban Affairs, and
the Committee on Appropriations of the Senate; and
[[Page 136 STAT. 3540]]
(C) the Committee on Foreign Affairs, the Committee
on Financial Services, and the Committee on
Appropriations of the House of Representatives.
(2) Covered camp.--The term ``covered camp'' means a
detention camp, prison, forced labor camp, or forced labor
factory located in the Xinjiang Uyghur Autonomous Region of the
People's Republic of China, referred to by the Government of the
People's Republic of China as ``concentrated reeducation camps''
or ``vocational training centers''.
(b) Annual Report Required.--Not later than 120 days after the date
of the enactment of this Act, and annually thereafter for 5 years, the
Director of National Intelligence, in consultation with such heads of
elements of the intelligence community as the Director considers
appropriate, shall submit to the appropriate committees of Congress a
report on the status of covered camps.
(c) Elements.--Each report required by subsection (b) shall include
the following:
(1) An identification of the number and geographic location
of covered camps and an estimate of the number of victims
detained in covered camps.
(2) A description of--
(A) the types of personnel and equipment in covered
camps;
(B) the funding received by covered camps from the
Government of the People's Republic of China; and
(C) the role of the security services of the
People's Republic of China and the Xinjiang Production
and Construction Corps in enforcing atrocities at
covered camps.
(3) A comprehensive list of--
(A) the entities of the Xinjiang Production and
Construction Corps, including subsidiaries and
affiliated businesses, with respect to which sanctions
have been imposed by the United States;
(B) commercial activities of those entities outside
of the People's Republic of China; and
(C) other Chinese businesses, including in the
artificial intelligence, biotechnology, and surveillance
technology sectors, that are involved with the
atrocities in Xinjiang or supporting the policies of the
People's Republic of China in the region.
(d) Form.--Each report required by subsection (b) shall be submitted
in unclassified form, but may include a classified annex.
(e) <<NOTE: Public information. Web posting.>> Publication.--The
unclassified portion of each report required by subsection (b) shall be
published on the publicly accessible website of the Office of the
Director of National Intelligence.
SEC. 6505. ASSESSMENTS OF PRODUCTION OF SEMICONDUCTORS BY THE
PEOPLE'S REPUBLIC OF CHINA.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services, the Committee
on Foreign Relations, the Committee on Banking, Housing,
and Urban Affairs, the Committee on Commerce, Science,
and Transportation, the Committee on Homeland Security
[[Page 136 STAT. 3541]]
and Governmental Affairs, and the Committee on
Appropriations of the Senate; and
(C) the Committee on Armed Services, the Committee
on Foreign Affairs, the Committee on Financial Services,
the Committee on Science, Space, and Technology, the
Committee on Energy and Commerce, the Committee on
Homeland Security, and the Committee on Appropriations
of the House of Representatives.
(2) Legacy semiconductor.--The term ``legacy semiconductor''
has the meaning given such term in section 9902(a)(6)(A) of the
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (15 U.S.C. 4652(a)(6)(A)).
(b) <<NOTE: Deadlines.>> In General.--Not later than 60 days after
the date of the enactment of this Act, and annually thereafter for 3
years, the Director of National Intelligence shall submit to the
appropriate committees of Congress an assessment of progress by the
People's Republic of China in global competitiveness in the production
of semiconductors by Chinese firms, including any subsidiary, affiliate,
or successor of such firms.
(c) Consultation.--In carrying out subsection (b), the Director
shall consult with the Secretary of Commerce and the heads of such other
Federal agencies as the Director considers appropriate.
(d) Elements.--Each assessment submitted under subsection (b) shall
include the following:
(1) The progress of the People's Republic of China toward
self-sufficiency in the supply of semiconductors, including
globally competitive Chinese firms competing in the fields of
artificial intelligence, cloud computing, autonomous vehicles,
next-generation and renewable energy, advanced life sciences and
biotechnology, and high-performance computing.
(2) The progress of the People's Republic of China in
developing indigenously or accessing foreign sources of
intellectual property critical to the design and manufacturing
of leading edge process nodes, including electronic design
automation technology.
(3) Activity of Chinese firms with respect to the production
of semiconductors that are not legacy semiconductors, including
any identified export diversion to evade export controls.
(4) Any observed stockpiling efforts by Chinese firms with
respect to semiconductor manufacturing equipment, substrate
materials, silicon wafers, or other necessary inputs for
semiconductor production.
(5) <<NOTE: Analysis.>> An analysis of the relative market
share of different Chinese semiconductor manufacturers at
different process nodes and the estimated increase or decrease
of market share by that manufacturer in each product category
during the preceding year.
(6) <<NOTE: Summary.>> A comprehensive summary of
recruitment activity of the People's Republic of China targeting
semiconductor manufacturing engineers and managers from non-
Chinese firms.
(7) <<NOTE: Analysis.>> An analysis of the capability of
the workforce of the People's Republic of China to design,
produce, and manufacture of semiconductors that are not legacy
semiconductors and relevant equipment.
[[Page 136 STAT. 3542]]
(e) Form of Assessments.--Each assessment submitted under subsection
(b) shall be submitted in unclassified form and include a classified
annex.
(f) Additional Reporting.--Each assessment submitted under
subsection (b) shall also be transmitted to the Secretary of Commerce,
to inform, among other activities of the Department of Commerce,
implementation of section 103 of the CHIPS Act of 2022 (Public Law 117-
167) and title XCIX of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651 et seq.).
Subtitle B--Miscellaneous Authorities, Requirements, and Limitations
SEC. 6511. NOTICE OF DEPLOYMENT OR TRANSFER OF CONTAINERIZED
MISSILE SYSTEMS BY RUSSIA, CHINA, OR
IRAN.
Section 501 of the Intelligence Authorization Act for Fiscal Year
2016 (division M of Public Law 114-113; 129 Stat. 2923) is amended--
(1) by striking ``the Russian Federation'' each place it
appears and inserting ``a covered country'';
(2) by striking ``Club-K container missile system'' each
place it appears and inserting ``missile launcher disguised as
or concealed in a shipping container'';
(3) in subsection (a)(1)--
(A) by striking ``deploy, the'' and inserting
``deploy, a''; and
(B) by striking ``the Russian military'' and
inserting ``the military of the covered country'';
(4) by striking subsection (c) and inserting the following
new subsection:
``(c) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means the following:
``(A) The congressional intelligence committees.
``(B) The Committees on Armed Services of the House
of Representatives and the Senate.
``(C) The Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign
Relations of the Senate.
``(D) The Subcommittee on Defense of the Committee
on Appropriations of the House of Representatives and
the Subcommittee on Defense of the Committee on
Appropriations of the Senate.
``(2) Covered country.--The term `covered country' means the
following:
``(A) Russia.
``(B) China.
``(C) Iran.
``(D) North Korea.''; and
(5) in the heading, by striking ``club-k container missile
system by the russian federation'' and inserting ``containerized
missile system by russia or certain other countries''.
[[Page 136 STAT. 3543]]
SEC. 6512. <<NOTE: 50 USC 3025 note.>> INTELLIGENCE COMMUNITY
COORDINATOR FOR RUSSIAN ATROCITIES
ACCOUNTABILITY.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Subcommittee on Defense of the Committee on
Appropriations of the Senate; and
(C) the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
(2) Atrocity.--The term ``atrocity'' means a war crime,
crime against humanity, or genocide.
(3) Commit.--The term ``commit'', with respect to an
atrocity, includes the planning, committing, aiding, and
abetting of such atrocity.
(4) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(5) Russian atrocity.--The term ``Russian atrocity'' means
an atrocity that is committed by an individual who is--
(A) a member of the armed forces, or the security or
other defense services, of the Russian Federation;
(B) an employee of any other element of the Russian
Government; or
(C) an agent or contractor of an individual
specified in subparagraph (A) or (B).
(6) United states person.--The term ``United States person''
has the meaning given that term in section 105A(c) of the
National Security Act of 1947 (50 U.S.C. 3039).
(b) Intelligence Community Coordinator for Russian Atrocities
Accountability.--
(1) <<NOTE: Deadline.>> Designation.--Not later than 30
days after the date of the enactment of this Act, the Director
of National Intelligence shall designate a senior official of
the Office of the Director of National Intelligence to serve as
the intelligence community coordinator for Russian atrocities
accountability (in this section referred to as the
``Coordinator'').
(2) Duties.--The Coordinator shall oversee the efforts of
the intelligence community relating to the following:
(A) Identifying, and (as appropriate) disseminating
within the United States Government, intelligence
relating to the identification, location, or activities
of foreign persons suspected of playing a role in
committing Russian atrocities in Ukraine.
(B) Identifying analytic and other intelligence
needs and priorities of the intelligence community with
respect to the commitment of such Russian atrocities.
(C) Addressing any gaps in intelligence collection
relating to the commitment of such Russian atrocities
and developing recommendations to address any gaps so
identified, including by recommending the modification
of the priorities of the intelligence community with
respect to intelligence collection.
(D) Collaborating with appropriate counterparts
across the intelligence community to ensure appropriate
coordination on, and integration of the analysis of, the
commitment of such Russian atrocities.
[[Page 136 STAT. 3544]]
(E) Identifying intelligence and other information
that may be relevant to preserve evidence of potential
war crimes by Russia, consistent with the public
commitments of the United States to support
investigations into the conduct of Russia.
(F) Ensuring the Atrocities Early Warning Task Force
and other relevant departments and agencies of the
United States Government receive appropriate support
from the intelligence community with respect to the
collection, analysis, preservation, and, as appropriate,
dissemination, of intelligence related to Russian
atrocities in Ukraine.
(3) <<NOTE: Deadline.>> Plan required.--Not later than 30
days after the date of enactment of this Act, the Director of
National Intelligence shall submit to the appropriate committees
of Congress--
(A) the name of the official designated as the
Coordinator pursuant to paragraph (1); and
(B) <<NOTE: Strategy.>> the strategy of the
intelligence community for the collection of
intelligence related to Russian atrocities in Ukraine,
including a detailed description of how the Coordinator
shall support, and assist in facilitating the
implementation of, such strategy.
(4) Annual report to congress.--
(A) Reports required.--Not later than May 1, 2023,
and annually thereafter until May 1, 2026, the Director
of National Intelligence shall submit to the appropriate
committees of Congress a report detailing, for the year
covered by the report--
(i) the analytical findings and activities of
the intelligence community with respect to Russian
atrocities in Ukraine; and
(ii) the recipients of information shared
pursuant to this section for the purpose of
ensuring accountability for such Russian
atrocities, and the date of any such sharing.
(B) <<NOTE: Classified information.>> Form.--Each
report submitted under subparagraph (A) may be submitted
in classified form, consistent with the protection of
intelligence sources and methods.
(C) Supplement.--The Director of National
Intelligence may supplement an existing reporting
requirement with the information required under
subparagraph (A) on an annual basis to satisfy that
requirement with prior notification of intent to do so
to the appropriate committees of Congress.
(c) Sunset.--This section shall cease to have effect on the date
that is 4 years after the date of the enactment of this Act.
SEC. 6513. LEAD INTELLIGENCE COMMUNITY COORDINATOR FOR COUNTERING
AND NEUTRALIZING PROLIFERATION OF IRAN-
ORIGIN UNMANNED AIRCRAFT SYSTEMS.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services, the Committee
on Foreign Relations, and the Subcommittee on Defense of
the Committee on Appropriations of the Senate; and
[[Page 136 STAT. 3545]]
(C) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Subcommittee on Defense of
the Committee on Appropriations of the House of
Representatives.
(2) Five eyes partnership.--The term ``Five Eyes
Partnership'' means the intelligence alliance comprising
Australia, Canada, New Zealand, the United Kingdom, and the
United States.
(3) Unmanned aircraft system.--The term ``unmanned aircraft
system'' includes an unmanned powered aircraft (including
communication links and the components that control the unmanned
aircraft), that--
(A) does not carry a human operator;
(B) may fly autonomously or be piloted remotely;
(C) may be expendable or recoverable; and
(D) may carry a lethal payload or explode upon
reaching a designated location.
(b) <<NOTE: Deadlines.>> Coordinator.--
(1) Designation.--Not later than 30 days after the date of
enactment of this Act, the Director of National Intelligence
shall designate an official from an element of the intelligence
community to serve as the lead intelligence community
coordinator for countering and neutralizing the proliferation of
Iran-origin unmanned aircraft systems (in this section referred
to as the ``Coordinator'').
(2) Plan.--Not later than 120 days after the date on which
the Coordinator is designated under paragraph (1), the
Coordinator shall--
(A) develop a comprehensive plan of action, driven
by intelligence information, for countering and
neutralizing the threats posed by the proliferation of
Iran-origin unmanned aircraft systems; and
(B) <<NOTE: Briefing.>> provide to appropriate
committees of Congress a briefing on such plan of
action.
(3) Final report.--
(A) Submission.--Not later than January 1, 2024, the
Director of National Intelligence shall submit to the
appropriate committees of Congress a final report on the
activities and findings of the Coordinator.
(B) Matters.--The report under subparagraph (A)
shall include the following:
(i) <<NOTE: Assessment.>> An assessment of
the threats posed by Iran-origin unmanned aircraft
systems, including the threat to facilities and
personnel of the United States Government in the
greater Middle East, particularly in the areas of
such region that are located within the area of
responsibility of the Commander of the United
States Central Command.
(ii) A detailed description of intelligence
sharing efforts, as well as other joint efforts
driven by intelligence information, with allies
and partners of the United States, to assist in
countering and neutralizing of such threats.
(iii) <<NOTE: Recommenda- tions.>>
Recommendations for any changes in United States
policy or legislative authorities to improve the
capacity of the intelligence community to assist
in countering and neutralizing such threats.
[[Page 136 STAT. 3546]]
(C) Form.--The report under subparagraph (A) may be
submitted in classified form.
(D) <<NOTE: Classified information.>> Annex.--In
submitting the report under subparagraph (A) to the
congressional intelligence committees, the Director
shall also include an accompanying annex, which shall be
classified, that separately details all efforts
supported exclusively by National Intelligence Program
funds.
(c) Collaboration With Five Eyes Partnership and Israel.--Taking
into account the findings of the final report under subsection (b)(3),
the Director of National Intelligence shall seek to--
(1) develop and implement a common approach among the Five
Eyes Partnership toward countering the threats posed by Iran-
origin unmanned aircraft systems, including by leveraging the
unique intelligence capabilities and information of the members
of the Five Eyes Partnership; and
(2) intensify cooperation with Israel for the purpose of
countering Iran-origin unmanned aircraft systems, including by
strengthening and expanding existing cooperative efforts
conducted pursuant to section 1278 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 1702; 22 U.S.C. 8606 note).
(d) Sunset.--This section shall cease to have effect on the date on
which the final report is submitted under subsection (b)(3).
SEC. 6514. <<NOTE: 50 USC 3370b.>> COLLABORATION BETWEEN
INTELLIGENCE COMMUNITY AND DEPARTMENT OF
COMMERCE TO COUNTER FOREIGN COMMERCIAL
THREATS.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Commerce, Science, and
Transportation, the Committee on Armed Services, the
Committee on Foreign Relations, and the Committee on
Appropriations of the Senate; and
(C) the Committee on Energy and Commerce, the
Committee on Armed Services, the Committee on Foreign
Affairs, and the Committee on Appropriations of the
House of Representatives.
(2) Foreign commercial threat.--
(A) In general.--The term ``foreign commercial
threat'' means a rare commercial item or service that is
produced by, offered by, sold by, licensed by, or
otherwise distributed under the control of a strategic
competitor or foreign adversary in a manner that may
provide the strategic competitor or foreign adversary
leverage over an intended recipient.
(B) Determinations by working group.--In determining
whether an item or service is a foreign commercial
threat, the Working Group shall consider whether the
strategic competitor or foreign adversary could--
(i) withhold, or threaten to withhold, the
rare commercial item or service;
(ii) create reliance on the rare commercial
item or service as essential to the safety,
health, or economic wellbeing of the intended
recipient; or
[[Page 136 STAT. 3547]]
(iii) have its rare commercial item or service
easily replaced by a United States entity or an
entity of an ally or partner of the United States.
(3) Rare commercial item or service.--The term ``rare
commercial item or service'' means a good, service, or
intellectual property that is not widely available for
distribution.
(b) Working Group.--
(1) Establishment.--Unless the Director of National
Intelligence and the Secretary of Commerce make the joint
determination specified in subsection (c), the Director and the
Secretary, in consultation with the Secretary of State, shall
jointly establish a working group to counter foreign commercial
threats (in this section referred to as the ``Working Group'').
(2) Membership.--The composition of the Working Group may
include any officer or employee of a department or agency of the
United States Government determined appropriate by the Director
or the Secretary.
(3) Duties.--The duties of the Working Group shall be the
following:
(A) To identify current foreign commercial threats.
(B) To identify probable future foreign commercial
threats.
(C) To identify goods, services, or intellectual
property that, if produced by entities within the United
States, or allies or partners of the United States,
would mitigate foreign commercial threats.
(4) <<NOTE: Deadline.>> Meetings.--Not later than 30 days
after the date of the enactment of this Act, and on a regular
basis that is not less frequently than quarterly thereafter
until the date of termination under paragraph (5), the Working
Group shall meet.
(5) <<NOTE: Determination.>> Termination.--Beginning on the
date that is 2 years after the date of the establishment under
paragraph (1), the Working Group may be terminated upon the
Director of National Intelligence and the Secretary of Commerce
jointly--
(A) determining that termination of the Working
Group is appropriate; and
(B) submitting to the appropriate congressional
committees a notification of such determination
(including a description of the justification for such
determination).
(6) Reports.--
(A) Submission to congress.--Not later than 60 days
after the date of the enactment of this Act, and
biannually thereafter until the date of termination
under paragraph (5), the Working Group shall submit to
the appropriate congressional committees a report on the
activities of the Working Group.
(B) Matters.--Each report under subparagraph (A)
shall include a description of the following:
(i) Any current or future foreign commercial
threats identified by the Working Group.
(ii) The strategy of the United States
Government, if any, to mitigate any current
foreign commercial threats or future foreign
commercial threats so identified.
(iii) The plan of the intelligence community
to provide to the Department of Commerce and other
[[Page 136 STAT. 3548]]
nontraditional customers of the intelligence
community support in addressing foreign commercial
threats.
(iv) Any other significant activity of the
Working Group.
(c) Option to Discharge Obligation Through Other Means.--If the
Director of National Intelligence and the Secretary of Commerce make a
joint determination that the requirements of the Working Group under
subsection (b) (including the duties under paragraph (3) and the
reporting requirement under paragraph (6) of such subsection) may be
appropriately filled by an existing entity or structure, and submit to
the congressional intelligence committees a notification of such
determination (including a description of the justification for such
determination), the Director and Secretary may task such entity or
structure with such requirements in lieu of establishing the Working
Group.
SEC. 6515. INTELLIGENCE ASSESSMENT ON FOREIGN WEAPONIZATION OF
ADVERTISEMENT TECHNOLOGY DATA.
(a) Definitions.--In this section:
(1) Advertisement technology data.--The term ``advertisement
technology data'' means commercially available data derived from
advertisement technology that is used, or can be used, to
geolocate individuals or gain other targeting information on
individuals.
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services of the Senate;
(C) the Subcommittee on Defense of the Committee on
Appropriations of the Senate;
(D) the Committee on Armed Services of the House of
Representatives; and
(E) the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
(b) Assessment.--The Director of National Intelligence shall conduct
an intelligence assessment of the counterintelligence risks of, and the
exposure of intelligence community and Department of Defense personnel
and activities to, tracking by foreign adversaries through advertisement
technology data.
(c) Report.--Not later than 60 days after the date of the enactment
of this Act, the Director shall submit to the appropriate committees of
Congress a report on the intelligence assessment under subsection (b).
SEC. 6516. INTELLIGENCE COMMUNITY ASSESSMENT REGARDING RUSSIAN
GRAY ZONE ASSETS.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services of the Senate;
(C) the Subcommittee on Defense of the Committee on
Appropriations of the Senate;
(D) the Committee on Armed Services of the House of
Representatives; and
(E) the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
[[Page 136 STAT. 3549]]
(2) Gray zone activity.--The term ``gray zone activity'' has
the meaning given that term in section 825 of the Intelligence
Authorization Act for Fiscal Year 2022 (Public Law 117-103).
(3) Gray zone asset.--The term ``gray zone asset''--
(A) means an entity or proxy that is controlled, in
whole or in part, by a foreign adversary of the United
States and is used by such foreign adversary in
connection with a gray zone activity; and
(B) includes a state-owned enterprise of a foreign
adversary that is so used.
(b) Intelligence Community Assessment Regarding Russian Gray Zone
Assets.--
(1) Intelligence community assessment.--The Director of
National Intelligence, acting through the National Intelligence
Council, shall produce an intelligence community assessment that
contains--
(A) a description of the gray zone assets of Russia;
(B) an identification of any opportunities to hold
such gray zone assets at risk, as a method of
influencing the behavior of Russia; and
(C) an assessment of the risks and potential
benefits, with respect to the interests of the United
States, that may result from the seizure of such gray
zone assets to hold the assets at risk.
(2) Considerations.--In identifying opportunities to hold a
gray zone asset of Russia at risk under paragraph (1)(B), the
National Intelligence Council shall consider the following:
(A) The effect on civilians of holding the gray zone
asset at risk.
(B) The extent to which the gray zone asset is
substantially state-owned or substantially controlled by
Russia.
(C) The likelihood that holding the gray zone asset
at risk will influence the behavior of Russia.
(D) The likelihood that holding the gray asset at
risk, or degrading the asset, will affect any attempt of
Russia to use force to change existing borders or
undermine the political independence or territorial
integrity of any state, including Ukraine.
(E) Such other factors as the National Intelligence
Council may determine appropriate.
(3) <<NOTE: List.>> Appendix.--The intelligence community
assessment under paragraph (1) shall include an appendix that
contains a list of the categories of gray zone assets of Russia,
with specific examples of--
(A) gray zone assets in each category; and
(B) for each such gray zone asset listed, the ways
in which Russia uses the asset to advance its gray zone
activities.
(4) Submission.--The Director, consistent with the
protection of sources and methods, shall submit to the
appropriate committees of Congress the intelligence community
assessment under paragraph (1).
(5) Form.--The intelligence community assessment under
paragraph (1) shall be submitted in unclassified form, but may
contain a classified annex.
[[Page 136 STAT. 3550]]
Subtitle C--Reports and Other Matters
SEC. 6521. REPORT ON ASSESSING WILL TO FIGHT.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the following:
(A) The congressional intelligence committees.
(B) The Committee on Foreign Relations, the
Committee on Armed Services, and the Subcommittee on
Defense of the Committee on Appropriations of the
Senate.
(C) The Committee on Foreign Affairs, the Committee
on Armed Services, and the Subcommittee on Defense of
the Committee on Appropriations of the House of
Representatives.
(2) Military will to fight.--The term ``military will to
fight'' means, with respect to the military of a country, the
disposition and decision to fight, act, or persevere as needed.
(3) National will to fight.--The term ``national will to
fight'' means, with respect to the government of a country, the
resolve to conduct sustained military and other operations for
an objective even when the expectation of success decreases or
the need for significant political, economic, and military
sacrifices increases.
(b) Findings.--Congress finds the following:
(1) According to a study by the RAND corporation, ``will to
fight'' is poorly analyzed and the least understood aspect of
war.
(2) In testimony before the Select Committee on Intelligence
of the Senate in May 2022, top intelligence officials of the
United States indicated that although the intelligence community
accurately anticipated Russia's invasion of Ukraine, the
intelligence community did not accurately assess the will of
Ukrainian forces to fight in opposition to a Russian invasion or
that the Ukrainian forces would succeed in averting a rapid
Russian military occupation of Kyiv.
(3) According to the RAND corporation, the intelligence
community estimated that the Afghan government's forces could
hold out against the Taliban for as long as 2 years if all
ground forces of the United States were withdrawn. This estimate
was revised in June 2021 to reflect an intelligence community
view that Afghanistan's military collapse could come in 6 to 12
months. In August 2021, the Afghan government fell within days
after the ground forces of the United States were withdrawn.
(4) Similarly, the rapid advance of the Islamic State in
Iraq and Syria and near-total collapse of the Iraqi Security
Forces in 2014 appeared to take the policymakers of the United
States by surprise.
(5) The apparent gaps in these analyses had important
implications for policy decisions of the United States toward
Russia and Afghanistan, and suggest a need for further
examination of how the intelligence community assesses a foreign
military's will to fight.
(c) Report.--Not later than 180 days after the date of the enactment
of this Act, the Director of National Intelligence, acting through the
National Intelligence Council and in coordination with
[[Page 136 STAT. 3551]]
the heads of the elements of the intelligence community that the
Director determines appropriate, shall submit to the appropriate
congressional committees a report examining the extent to which analyses
of the military will to fight and the national will to fight informed
the all-source analyses of the intelligence community regarding how the
armed forces and governments of Ukraine, Afghanistan, and Iraq would
perform at key junctures.
(d) Elements.--The report under subsection (c) shall include the
following:
(1) The methodology of the intelligence community for
measuring the military will to fight and the national will to
fight of a foreign country.
(2) The extent to which analysts of the intelligence
community applied such methodology when assessing the military
will to fight and the national will to fight of--
(A) Afghanistan following the April 2021
announcement of the full withdrawal of the United States
Armed Forces;
(B) Iraq in the face of the rapid emergence and
advancement in 2014 of Islamic State in Iraq and Syria;
and
(C) Ukraine and Russia during the initial phase of
the invasion and march toward Kyiv by Russia in February
2022.
(3) The extent to which--
(A) the assessments described in paragraph (2)
depended on the observations of personnel of the United
States Armed Forces who had trained Afghan, Iraqi, and
Ukrainian armed forces; and
(B) such observations reflected any standardized,
objective methodology.
(4) Whether shortcomings in assessing the military will to
fight and the national will to fight may have affected the
capacity of the intelligence community to provide ``early
warning'' about the collapse of government forces in Iraq and
Afghanistan.
(5) The extent to which ``red teaming'' was used to test the
assessments described in paragraph (2).
(6) The extent to which dissenting opinions of intelligence
analysts were highlighted in final written products presented to
senior policymakers of the United States.
(7) The extent to which analysts and supervisors adhered to
the policies, procedures, directives, and best practices of the
intelligence community.
(8) <<NOTE: Recommenda- tions.>> Recommendations for
analyses by the intelligence community going forward to
incorporate lessons learned and enhance the quality of future
analytical products to more accurately reflect the military will
to fight and the national will to fight and improve the capacity
of the intelligence community to accurately predict the success
or failure of the armed forces of a foreign country.
(e) <<NOTE: Classified information.>> Annex.--In submitting the
report under subsection (c) to the congressional intelligence
committees, the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives, the
Director shall also include
[[Page 136 STAT. 3552]]
an accompanying annex, which shall be classified, providing an inventory
of the following:
(1) Collection gaps and challenges that may have affected
the analysis of the collapse of government forces in Iraq and
Afghanistan.
(2) Actions that the Director of National Intelligence has
taken to mitigate such gaps and challenges.
(f) Form.--The report under subsection (c) may be submitted in
classified form, but if so submitted, shall include an unclassified
summary of key findings, consistent with the protection of intelligence
sources and methods.
SEC. 6522. REPORT ON THREAT FROM HYPERSONIC WEAPONS.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services, the Committee on
Foreign Relations, and the Subcommittee on Defense of the
Committee on Appropriations of the Senate; and
(3) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives.
(b) <<NOTE: Assessment.>> Report.--Not later than 180 days after
the date of the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate committees of Congress a
report containing an assessment of the threat to the United States, and
to allies and partners of the United States, from hypersonic weapons in
light of the use of such weapons by Russia in Ukraine.
(c) Elements.--The assessment under subsection (b) shall include the
following:
(1) The information learned by the United States regarding
the hypersonic weapons capabilities of Russia.
(2) Insights into the doctrine of Russia regarding the use
of hypersonic weapons.
(3) An assessment of how allies and partners of the United
States view the threat of hypersonic weapons.
(4) An assessment of the degree to which the development of
missiles with similar capabilities as hypersonic weapons used by
Russia would enhance or reduce the ability of the United States
to deter Russia from threatening the national security of the
United States.
(d) Form.--The report under subsection (b) may be submitted in
classified form.
SEC. 6523. REPORT ON ORDNANCE OF RUSSIA AND CHINA.
(a) Requirement.--Not later than 180 days after the date of the
enactment of this Act, the Director of the Defense Intelligence Agency
shall submit to the congressional intelligence committees and the
congressional defense committees a report on ordnance of Russia and
China, including the technical specificity required for the safe
handling and disposal of such ordnance.
(b) Coordination.--The Director shall carry out subsection (a) in
coordination with the head of any element of the Defense Intelligence
Enterprise that the Director determines appropriate.
(c) Definitions.--In this section:
[[Page 136 STAT. 3553]]
(1) Congressional defense committees.--The term
``congressional defense committees'' has the meaning given that
term in section 101(a) of title 10, United States Code.
(2) Defense intelligence enterprise.--The term ``Defense
Intelligence Enterprise'' has the meaning given that term in
section 426(b) of title 10, United States Code.
SEC. 6524. REPORT ON ACTIVITIES OF CHINA AND RUSSIA TARGETING
LATIN AMERICA AND THE CARIBBEAN.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Foreign Relations, the
Committee on Armed Services, and the Subcommittee on
Defense of the Committee on Appropriations of the
Senate; and
(C) the Committee on Foreign Affairs, the Committee
on Armed Services, and the Subcommittee on Defense of
the Committee on Appropriations of the House of
Representatives.
(2) Foreign malign influence.--The term ``foreign malign
influence'' means any hostile effort undertaken by, at the
direction of, or on behalf of or with the substantial support
of, the government of a foreign country with the objective of
influencing, through overt or covert means--
(A) the political, military, economic, or other
policies or activities of the government of the country
that is the target of the hostile effort, including any
election within such target country; or
(B) the public opinion within such target country.
(3) Latin america and the caribbean.--The term ``Latin
America and the Caribbean'' means the countries and non-United
States territories of South America, Central America, the
Caribbean, and Mexico.
(b) Report.--Not later than 180 days after the date of the enactment
of this Act, the Director of National Intelligence, acting through the
National Intelligence Council and in coordination with the Secretary of
State, shall submit to the appropriate committees of Congress a report
on activities undertaken by China and Russia in Latin America and the
Caribbean that are intended to increase the influence of China and
Russia, respectively, therein. Such report shall include a description
of the following:
(1) Foreign malign influence campaigns by China and Russia
targeting Latin America and the Caribbean.
(2) Financial investments intended to increase Chinese or
Russian influence in Latin America and the Caribbean.
(3) Efforts by China and Russia to expand diplomatic,
military, or other ties to Latin America and the Caribbean.
(4) Any other activities determined appropriate by the
Director.
(c) Matters.--With respect to the description of foreign malign
influence campaigns under subsection (b), the report shall include an
assessment of the following:
(1) The objectives of any such campaign.
(2) The themes and messaging used in any such campaign.
[[Page 136 STAT. 3554]]
(3) The scale and nature of the threat posed by any such
campaign.
(4) The effect of such threat on the national security,
diplomatic, military, or economic interests of the United
States.
(d) Form.--The report under subsection (b) shall be submitted in
unclassified form, but may include a classified annex.
SEC. 6525. REPORT ON SUPPORT PROVIDED BY CHINA TO RUSSIA.
(a) Definition of Appropriate Congressional Committees.--In this
section, the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, the Committee on Armed
Services, and the Subcommittee on Defense of the Committee on
Appropriations of the Senate; and
(3) the Committee on Foreign Affairs, the Committee on
Financial Services, the Committee on Armed Services, the
Committee on Ways and Means, and the Subcommittee on Defense of
the Committee on Appropriations of the House of Representatives.
(b) Requirement.--Not later than 90 days after the date of the
enactment of this Act, and every 180 days thereafter, consistent with
the protection of intelligence sources and methods, the Director of
National Intelligence, in consultation with the heads of elements of the
intelligence community that the Director determines appropriate, shall
submit to the appropriate congressional committees a report on whether
and how China, including with respect to the Government of the People's
Republic of China, the Chinese Communist Party, any Chinese state-owned
enterprise, and any other Chinese entity, has provided support to Russia
with respect to the unprovoked invasion of and full-scale war by Russia
against Ukraine.
(c) Matters Included.--The report under subsection (b) shall include
a discussion of support provided by China to Russia with respect to--
(1) helping the Government of Russia or Russian entities
evade or circumvent sanctions by the United States or
multilateral sanctions and export controls;
(2) deliberately inhibiting onsite United States Government
export control end-use checks, including interviews and
investigations, in China;
(3) providing Russia with any technology, including
semiconductors classified as EAR99, that supports Russian
intelligence or military capabilities;
(4) establishing economic or financial arrangements that
will have the effect of alleviating the effect of sanctions by
the United States or multilateral sanctions; and
(5) providing any material, technical, or logistical
support, including to Russian military or intelligence agencies
and state-owned or state-linked enterprises.
(d) Form.--The report under subsection (c) shall be submitted in
unclassified form, but may contain a classified annex.
(e) Sunset.--The requirement to submit the report under subsection
(b) shall terminate on the earlier of--
(1) the date on which the Director of National Intelligence
determines the conflict in Ukraine has ended; or
[[Page 136 STAT. 3555]]
(2) the date that is 2 years after the date of the enactment
of this Act.
SEC. 6526. REPORT ON GLOBAL CCP FINANCING OF PORT INFRASTRUCTURE.
(a) Definition of Appropriate Congressional Committees.--In this
section, the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services, the Committee on
Foreign Relations, and the Subcommittee on Defense of the
Committee on Appropriations of the Senate; and
(3) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives.
(b) In General.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, in
consultation with the Secretary of State and the Secretary of Defense,
shall submit to the appropriate congressional committees a report
documenting all Chinese financing of port infrastructure globally,
during the period beginning on January 1, 2012, and ending on the date
of the submission of the report, and the commercial and economic
implications of such investments. The report shall also include the
following:
(1) <<NOTE: Review.>> A review of existing and potential or
planned future Chinese financing, including financing by
government entities, and state-owned enterprises, in port
infrastructure at such ports.
(2) Any known Chinese interest in establishing a military or
intelligence presence at or near such ports.
(3) <<NOTE: Assessment.>> An assessment of China's current
and potential future ability to leverage commercial ports for
military or intelligence collection purposes and the
implications of such ability for the national security of the
United States and allies and partners of the United States.
(4) A description of activities undertaken by the United
States and allies and partners of the United States to help
identify and provide alternatives to Chinese investments in port
infrastructure.
(c) Form.--The report required by subsection (b) shall be submitted
in unclassified form but may include a classified annex produced
consistent with the protection of sources and methods.
SEC. 6527. SENSE OF CONGRESS ON PROVISION OF SUPPORT BY
INTELLIGENCE COMMUNITY FOR ATROCITY
PREVENTION AND ACCOUNTABILITY.
(a) Definitions.--In this section:
(1) Atrocities.--The term ``atrocities'' has the meaning
given that term in section 6 of the Elie Wiesel Genocide and
Atrocities Prevention Act of 2018 (Public Law 115-441; 132 Stat.
5586).
(2) Atrocity crime scene.--The term ``atrocity crime scene''
means 1 or more locations that are relevant to the investigation
of an atrocity, including buildings or locations (including
bodies of water) where physical evidence may be collected
relating to the perpetrators, victims, and events of the
atrocity, such as mass graves and other sites containing
deceased individuals.
[[Page 136 STAT. 3556]]
(b) Sense of Congress.--It is the sense of Congress that the efforts
of the United States Government regarding atrocity prevention and
response through interagency coordination, such as the Atrocity Warning
Task Force, are critically important and that the Director of National
Intelligence and the Secretary of Defense should, as appropriate and in
compliance with the American Servicemembers' Protection Act of 2002 (22
U.S.C. 7421 et seq.), do the following:
(1) Require each element of the intelligence community to
support the Atrocity Warning Task Force in its mission to
prevent genocide and atrocities through policy formulation and
program development by--
(A) collecting and analyzing intelligence identified
as an atrocity, as defined in the Elie Wiesel Genocide
and Atrocities Prevention Act of 2018 (Public Law 115-
441; 132 Stat. 5586);
(B) preparing unclassified intelligence data and
geospatial imagery products for coordination with
appropriate domestic, foreign, and international courts
and tribunals prosecuting persons responsible for crimes
for which such imagery and intelligence may provide
evidence (including genocide, crimes against humanity,
and war crimes, including with respect to missing
persons and suspected atrocity crime scenes); and
(C) reassessing archived geospatial imagery
containing indicators of war crimes, other atrocities,
forced disappearances, and atrocity crime scenes.
(2) Continue to make available inputs to the Atrocity
Warning Task Force for the development of the Department of
State Atrocity Early Warning Assessment and share open-source
data to support pre-atrocity and genocide indicators and
warnings to the Atrocity Warning Task Force.
(3) Provide the President and Congress with recommendations
to improve policies, programs, resources, and tools relating to
atrocity intelligence collection and interagency coordination.
(4) Regularly consult and participate with designated
interagency representatives of relevant agencies and departments
of the United States Government.
(5) Ensure resources are made available for the policies,
programs, and tools relating to atrocity intelligence collection
and coordination with the Atrocity Warning Task Force.
TITLE LXVI--INTELLIGENCE COMMUNITY WORKFORCE MATTERS
SEC. 6601. <<NOTE: 50 USC 3024 note.>> IMPROVING ONBOARDING OF
PERSONNEL IN INTELLIGENCE COMMUNITY.
(a) Definition of Onboard Period.--In this section, the term
``onboard period'' means the period beginning on the date on which an
individual submits an application for employment and ending on--
(1) the date on which the individual is offered one or more
entrance on duty dates; or
(2) the date on which the individual enters on duty.
(b) Policy Guidance.--The Director of National Intelligence shall
establish policy guidance appropriate for all elements of the
[[Page 136 STAT. 3557]]
intelligence community that can be used to measure, consistently and
reliably, the onboard period.
(c) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director shall submit to the
congressional intelligence committees, the Committee on
Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives a report on the
time it takes to onboard personnel in the intelligence
community.
(2) Elements.--The report submitted under paragraph (1)
shall cover the mean and median time it takes to onboard
personnel in the intelligence community, disaggregated by mode
of onboarding and element of the intelligence community.
(d) <<NOTE: Deadline.>> Plan.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director, in coordination with
the heads of the elements of the intelligence community, shall
submit to the congressional intelligence committees, the
Committee on Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives a plan to reduce
the onboard period for personnel in the intelligence community,
for elements of the intelligence community that currently have
median onboarding times that exceed 180 days.
(2) Elements.--The plan submitted under paragraph (1) shall
include milestones to achieve certain specific goals with
respect to the mean, median, and mode time it takes to onboard
personnel in the elements of the intelligence community
described in such paragraph, disaggregated by element of the
intelligence community.
(e) <<NOTE: Deadline.>> Implementation.--The heads of the elements
of the intelligence community, including the Director of the Central
Intelligence Agency, shall implement the plan submitted under subsection
(d) and take all such actions each head considers appropriate and
necessary to ensure that by December 31, 2023, the median duration of
the onboard period for new employees at each element of the intelligence
community is equal to less than 180 days.
SEC. 6602. REPORT ON LEGISLATIVE ACTION REQUIRED TO IMPLEMENT
TRUSTED WORKFORCE 2.0 INITIATIVE.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Deputy Director for Management of the Office
of Management and Budget shall, in the Deputy Director's capacity as the
Chair of the Security, Suitability, and Credentialing Performance
Accountability Council pursuant to section 2.4 of Executive Order 13467
(50 U.S.C. 3161 note; relating to reforming processes related to
suitability for Government employment, fitness for contractor employees,
and eligibility for access to classified national security information),
submit to Congress a report on the legislative action required to
implement the Trusted Workforce 2.0 initiative.
(b) Contents.--The report submitted under subsection (a) shall
include the following:
(1) Specification of the statutes that require amendment in
order to implement the initiative described in subsection (a).
(2) For each statute specified under paragraph (1), an
indication of the priority for enactment of an amendment.
[[Page 136 STAT. 3558]]
(3) For each statute specified under paragraph (1), a
description of the consequences if the statute is not amended.
SEC. 6603. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY
ASSESSMENT OF ADMINISTRATION OF
POLYGRAPHS IN INTELLIGENCE COMMUNITY.
(a) Assessment Required.--The Inspector General of the Intelligence
Community shall conduct an assessment of the administration of polygraph
evaluations that are needed in the intelligence community to meet
current annual personnel hiring requirements.
(b) Elements.--The assessment completed under subsection (a) shall
include the following:
(1) Identification of the number of polygraphers currently
available at each element of the intelligence community to meet
the requirements described in subsection (a).
(2) If the demand described in subsection (a) cannot be met,
an identification of the number of polygraphers that would need
to be hired and certified to meet it.
(3) <<NOTE: Review.>> A review of the effectiveness of
alternatives to the polygraph, including methods being
researched by the National Center for Credibility Assessment.
(c) <<NOTE: Deadline.>> Briefing.--Not later than 180 days after
the date of the enactment of this Act, the Inspector General of the
Intelligence Community shall brief the congressional intelligence
committees, the Committee on Appropriations of the Senate, and the
Committee on Appropriations of the House of Representatives on the
preliminary findings of the Inspector General with respect to the
assessment conducted pursuant to subsection (a).
(d) Report.--Not later than one year after the date of the enactment
of this Act, the Inspector General of the Intelligence Community shall
submit to the committees described in subsection (c) a report on the
findings of the Inspector General with respect to the assessment
conducted pursuant to subsection (a).
SEC. <<NOTE: 50 USC 3162a note.>> 6604. TIMELINESS IN THE
ADMINISTRATION OF POLYGRAPHS.
(a) Standards Required.--
(1) <<NOTE: Deadline.>> In general.--Not later than 180
days after the date of the enactment of this Act, the Director
of National Intelligence shall, in the Director's capacity as
the Security Executive Agent pursuant to section 803(a) of the
National Security Act of 1947 (50 U.S.C. 3162a(a)), issue
standards for timeliness for Federal agencies to administer
polygraphs conducted for the purpose of--
(A) adjudicating decisions regarding eligibility for
access to classified information (as defined in the
procedures established pursuant to section 801(a) of the
National Security Act of 1947 (50 U.S.C. 3161(a))); and
(B) granting reciprocity pursuant to Security
Executive Agent Directive 2, or successor directive.
(2) <<NOTE: Federal Register, publication.>> Publication.--
The Director shall publish the standards issued under paragraph
(1) in the Federal Register or such other venue as the Director
considers appropriate.
(b) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Director shall submit to Congress a report on
how Federal agencies will comply with the standards issued under
subsection (a). Such plan shall specify the resources required by
Federal agencies to comply with such standards and the timeline for
doing so.
[[Page 136 STAT. 3559]]
SEC. <<NOTE: 50 USC 3162a note.>> 6605. POLICY ON SUBMITTAL OF
APPLICATIONS FOR ACCESS TO CLASSIFIED
INFORMATION FOR CERTAIN PERSONNEL.
Not <<NOTE: Deadline.>> later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall, in
the Director's capacity as the Security Executive Agent pursuant to
section 803(a) of the National Security Act of 1947 (50 U.S.C.
3162a(a)), issue a policy that allows a private person to submit a
certain number or proportion of applications, on a nonreimbursable
basis, for employee access to classified information for personnel who
perform key management and oversight functions who may not merit an
application due to their work under any one contract.
SEC. 6606. TECHNICAL CORRECTION REGARDING FEDERAL POLICY ON
SHARING OF COVERED INSIDER THREAT
INFORMATION.
Section 806(b) of the Intelligence Authorization Act for Fiscal Year
2022 (Public Law 117-103) <<NOTE: 50 USC 3352f note.>> is amended by
striking ``contracting agency'' and inserting ``contractor that employs
the contractor employee''.
SEC. 6607. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY REPORT
ON USE OF SPACE CERTIFIED AS SENSITIVE
COMPARTMENTED INFORMATION FACILITIES.
Not <<NOTE: Deadline.>> later than 180 days after the date of the
enactment of this Act, the Inspector General of the Intelligence
Community shall submit to the congressional intelligence committees a
report on the utilization of space owned or sponsored by an element of
the intelligence community, located in the continental United States,
that is certified as a sensitive compartmented information facility
under intelligence community or Department of Defense policy.
SEC. 6608. IMPROVING PROHIBITION OF CERTAIN PERSONNEL PRACTICES IN
INTELLIGENCE COMMUNITY WITH RESPECT TO
CONTRACTOR EMPLOYEES.
Section 1104(c)(1)(A) of the National Security Act of 1947 (50
U.S.C. 3234(c)(1)(A)) is amended--
(1) by striking ``a supervisor of the contracting agency''
and inserting ``a supervisor of the employing or contracting
agency or employing contractor'';
(2) by striking ``contracting agency (or an employee
designated by the head of that agency for such purpose)'' and
inserting ``employing or contracting agency (or an employee
designated by the head of that agency for that purpose) or
employing contractor''; and
(3) by striking ``appropriate inspector general of the
contracting agency'' and inserting ``appropriate inspector
general of the employing or contracting agency''.
SEC. 6609. DEFINITIONS REGARDING WHISTLEBLOWER COMPLAINTS AND
INFORMATION OF URGENT CONCERN RECEIVED
BY INSPECTORS GENERAL OF THE
INTELLIGENCE COMMUNITY.
(a) National Security Act of 1947.--Section 103H(k)(5)(G)(i)(I) of
the National Security Act of 1947 (50 U.S.C. 3033(k)(5)(G)(i)(I)) is
amended by striking ``within the'' and all that follows through ``policy
matters.'' and inserting the following: ``of the Federal Government that
is--
``(aa) a matter of national
security; and
[[Page 136 STAT. 3560]]
``(bb) not a difference of
opinion concerning public policy
matters.''.
(b) Inspector General Act of 1978.--Section 8H(h)(1)(A)(i) of the
Inspector General Act of 1978 <<NOTE: 5 USC app. 8H.>> (5 U.S.C. App.)
is amended by striking ``involving'' and all that follows through
``policy matters.'' and inserting the following: ``of the Federal
Government that is--
``(I) a matter of national security;
and
``(II) not a difference of opinion
concerning public policy matters.''.
(c) Central Intelligence Agency Act of 1949.--Section
17(d)(5)(G)(i)(I)(aa) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 3517(d)(5)(G)(i)(I)(aa)) is amended by striking ``involving'' and
all that follows through ``policy matters.'' and inserting the
following: ``of the Federal Government that is--
``(AA) a matter of
national security; and
``(BB) not a difference
of opinion concerning public
policy matters.''.
TITLE LXVII--MATTERS RELATING TO EMERGING TECHNOLOGIES
Subtitle A--General Matters
SEC. <<NOTE: 50 USC 3024 note.>> 6701. DEFINITIONS.
In this title:
(1) Artificial intelligence.--The term ``artificial
intelligence'' has the meaning given that term in section 5002
of the National Artificial Intelligence Initiative Act of 2020
(15 U.S.C. 9401).
(2) Authorization to operate.--The term ``authorization to
operate'' has the meaning given that term in Circular Number A-
130 of the Office of Management and Budget, ``Managing
Information as a Strategic Resource'', or any successor
document.
(3) Code-free artificial intelligence enablement tools.--The
term ``code-free artificial intelligence enablement tools''
means software that provides an environment in which visual
drag-and-drop applications, or similar tools, allow one or more
individuals to program applications without linear coding.
(4) Commercial product.--The term ``commercial product'' has
the meaning given that term in section 103 of title 41, United
States Code.
(5) Commercial service.--The term ``commercial service'' has
the meaning given that term in section 103a of title 41, United
States Code.
(6) Covered item or service.--The term ``covered item or
service'' means a product, system, or service that is not a
commercially available off-the-shelf item, a commercial service,
or a nondevelopmental item, as those terms are defined in title
41, United States Code.
(7) Covered product.--The term ``covered product'' means a
commercial software product that involves emerging technologies
or artificial intelligence.
[[Page 136 STAT. 3561]]
(8) Emerging technology.--The term ``emerging technology''
means--
(A) technology that is in a developmental stage or
that may be developed during the 10-year period
beginning on January 1, 2022; or
(B) any technology included in the Critical and
Emerging Technologies List published by the White House
in February 2022, or any successor document.
SEC. 6702. <<NOTE: 50 USC 3334m.>> ADDITIONAL RESPONSIBILITIES OF
DIRECTOR OF NATIONAL INTELLIGENCE FOR
ARTIFICIAL INTELLIGENCE POLICIES,
STANDARDS, AND GUIDANCE FOR THE
INTELLIGENCE COMMUNITY.
(a) Responsibilities of Director of National Intelligence.--The
Director of National Intelligence, in consultation with the heads of the
elements of the intelligence community or the officials designated under
subsection (b), shall--
(1) establish, and periodically conduct reviews of,
policies, standards, and procedures relating to the acquisition,
adoption, development, use, coordination, and maintenance of
artificial intelligence capabilities and associated data,
frameworks, computing environments, and other enablers by the
intelligence community (including by incorporating and updating
such policies based on emerging technology capabilities), to
accelerate and increase the adoption of artificial intelligence
capabilities within the intelligence community;
(2) ensure policies established or updated pursuant to
paragraph (1) are consistent with--
(A) the principles outlined in the guidance of the
Office of the Director of National Intelligence titled
``Principles of Artificial Intelligence Ethics for the
Intelligence Community and its Artificial Intelligence
Ethics Framework for the Intelligence Community'', or
any successor guidance; and
(B) any other principles developed by the Director
relating to the governance, documentation, auditability,
or evaluation of artificial intelligence systems or the
accurate, secure, ethical, and reliable adoption or use
of artificial intelligence; and
(3) provide to the heads of the elements of the intelligence
community guidance for developing the National Intelligence
Program budget pertaining to such elements to facilitate the
acquisition, adoption, development, use, and maintenance of
element-specific artificial intelligence capabilities, and to
ensure the associated data, frameworks, computing environments,
and other enablers are appropriately prioritized.
(b) Designated Leads Within Each Element of the Intelligence
Community.--Each head of an element of the intelligence community, in
coordination with the Director of National Intelligence, shall identify
a senior official within the element to serve as the designated element
lead responsible for overseeing and coordinating efforts relating to
artificial intelligence, including through the integration of the
acquisition, technology, human capital, and financial management aspects
necessary for the adoption of artificial intelligence solutions. Such
designated element leads shall meet regularly to consult and coordinate
with the Director
[[Page 136 STAT. 3562]]
of National Intelligence regarding the implementation of this section
and this title.
SEC. 6703. DIRECTOR OF SCIENCE AND TECHNOLOGY.
(a) <<NOTE: 50 USC 3030 note.>> Emerging Technology Adoption.--The
Director of Science and Technology may--
(1) <<NOTE: Review.>> conduct reviews of the policies,
standards, and procedures of the intelligence community that
relate to emerging technologies and, as appropriate, recommend
to the Director of National Intelligence changes to such
policies, standards, and procedures, to accelerate and increase
the adoption of emerging technologies by the intelligence
community;
(2) <<NOTE: Recommenda- tions.>> make recommendations, in
coordination with the heads of the elements of the intelligence
community, to the Director of National Intelligence with respect
to the budgets of such elements, to accelerate and increase the
adoption of emerging technologies by such elements; and
(3) <<NOTE: Coordination.>> coordinate with the Under
Secretary of Defense for Research and Engineering on
initiatives, policies, and programs carried out jointly between
the intelligence community and the Department of Defense to
accelerate and increase the adoption of emerging technologies.
(b) Appointment Criteria.--Section 103E(b) of the National Security
Act of 1947 (50 U.S.C. 3030(b)) is amended by adding at the end the
following: ``In making such appointment, the Director of National
Intelligence may give preference to an individual with experience
outside of the United States Government.''.
SEC. 6704. INTELLIGENCE COMMUNITY CHIEF DATA OFFICER.
Title I of the National Security Act of 1947 (50 U.S.C. 3021 et
seq.) is amended by inserting after section 103J the following new
section (and conforming the table of contents at the beginning of such
Act accordingly):
``SEC. 103K. <<NOTE: 50 USC 3034b.>> INTELLIGENCE COMMUNITY CHIEF
DATA OFFICER.
``(a) <<NOTE: Appointment.>> Intelligence Community Chief Data
Officer.--There is an Intelligence Community Chief Data Officer within
the Office of the Director of National Intelligence who shall be
appointed by the Director of National Intelligence.
``(b) Requirement Relating to Appointment.--An individual appointed
as the Intelligence Community Chief Data Officer shall have a
professional background and experience appropriate for the duties of the
Intelligence Community Chief Data Officer. In making such appointment,
the Director of National Intelligence may give preference to an
individual with experience outside of the United States Government.
``(c) Duties.--The Intelligence Community Chief Data Officer shall--
``(1) act as the chief representative of the Director of
National Intelligence for data issues within the intelligence
community;
``(2) coordinate, to the extent practicable and advisable,
with the Chief Data Officer of the Department of Defense to
ensure consistent data policies, standards, and procedures
between the intelligence community and the Department of
Defense;
[[Page 136 STAT. 3563]]
``(3) assist the Director of National Intelligence regarding
data elements of the budget of the Office of the Director of
National Intelligence; and
``(4) perform other such duties as may be prescribed by the
Director of National Intelligence or specified in law.''.
Subtitle B--Improvements Relating to Procurement
SEC. 6711. ADDITIONAL TRANSACTION AUTHORITY.
(a) Annual Reports; Feasibility and Advisability Study.--
(1) Reports.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter for 5 years, the
Director of National Intelligence shall submit to the
congressional intelligence committees, the Committee on
Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives a report on the
use of the authority under paragraph (5) of section 102A(n) of
the National Security Act of 1947 (50 U.S.C. 3024(n)), as added
by subsection (b).
(2) Feasibility and advisability study.--
(A) Study.--The Director of National Intelligence
shall conduct a feasibility and advisability study on
whether to provide to the heads of the elements of the
intelligence community an additional transaction
authority that is not restricted only to basic, applied,
and advanced research projects and prototype projects
(similar to such less restrictive additional transaction
authorities of the Transportation Security
Administration and the National Aeronautics and Space
Administration).
(B) Submission.--Not later than 1 year after the
date of the enactment of this Act, the Director shall
submit to the congressional intelligence committees, the
Committee on Appropriations of the Senate, and the
Committee on Appropriations of the House of
Representatives the findings of the study conducted
under subparagraph (A), including, if the Director
determines a less restrictive additional transaction
authority is advisable pursuant to such study, an
identification of any legislative solutions or other
actions necessary to implement such authority.
(b) Additional Transaction Authority.--Section 102A(n) of the
National Security Act of 1947 (50 U.S.C. 3024(n)) is amended by adding
at the end the following:
``(5) Other Transaction Authority.--
``(A) In general.--In addition to other acquisition
authorities, the Director of National Intelligence may exercise
the acquisition authorities referred to in sections 4021 and
4022 of title 10, United States Code, subject to the provisions
of this paragraph.
``(B) Delegation.--(i) The Director shall delegate the
authorities provided by subparagraph (A) to the heads of
elements of the intelligence community.
``(ii) The heads of elements of the intelligence community
shall, to the maximum extent practicable, delegate the authority
delegated under clause (i) to the official of the respective
element of the intelligence community responsible for
[[Page 136 STAT. 3564]]
decisions with respect to basic, applied, or advanced research
activities or the adoption of such activities within such
element.
``(C) Intelligence community authority.--(i) For purposes of
this paragraph, the limitation in section 4022(a)(1) of title
10, United States Code, shall not apply to elements of the
intelligence community.
``(ii) Subject to section 4022(a)(2) of such title, the
Director may enter into transactions and agreements (other than
contracts, cooperative agreements, and grants) of amounts not to
exceed $75,000,000 under this paragraph to carry out basic,
applied, and advanced research projects and prototype projects
in support of intelligence activities.
``(iii) <<NOTE: Applicability.>> For purposes of this
paragraph, the limitations specified in section 4022(a)(2) of
such title shall apply to the intelligence community in lieu of
the Department of Defense, and the Director shall--
``(I) identify appropriate officials who can make
the determinations required in subparagraph (B)(i) of
such section for the intelligence community; and
``(II) <<NOTE: Briefing.>> brief the congressional
intelligence committees, the Subcommittee on Defense of
the Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives in lieu
of the congressional defense committees, as specified in
subparagraph (B)(ii) of such section.
``(iv) For purposes of this paragraph, the limitation in
section 4022(a)(3) of such title shall not apply to elements of
the intelligence community.
``(v) <<NOTE: Applicability.>> In carrying out this
paragraph, section 4022(d)(1) of such title shall be applied by
substituting `Director of National Intelligence' for `Secretary
of Defense'.
``(vi) For purposes of this paragraph, the limitations in
section 4022(d)(2) of such title shall not apply to elements of
the intelligence community.
``(vii) <<NOTE: Criteria. Applicability.>> In addition to
the follow-on production contract criteria in section 4022(f)(2)
of such title, the following additional criteria shall apply:
``(I) The authorizing official of the relevant
element of the intelligence community determines that
Government users of the proposed production product or
production service have been consulted.
``(II) In the case of a proposed production product
that is software, there are mechanisms in place for
Government users to provide ongoing feedback to
participants to the follow-on production contract.
``(III) In the case of a proposed production product
that is software, there are mechanisms in place to
promote the interoperability and accessibility with and
between Government and commercial software providers,
including by the promotion of open application
programming interfaces and requirement of appropriate
software documentation.
``(IV) The award follows a documented market
analysis as mandated by the Federal Acquisition
Regulations surveying available and comparable products.
``(V) In the case of a proposed production product
that is software, the follow-on production contract
includes a
[[Page 136 STAT. 3565]]
requirement that, for the duration of such contract (or
such other period of time as may be agreed to as a term
of such contract)--
``(aa) the participants provide the most up-
to-date version of the product that is available
in the commercial marketplace and is consistent
with security requirements;
``(bb) there are mechanisms in place for the
participants to provide timely updates to the
production product; and
``(cc) the authority specified in section
4022(f)(5) of such title shall be exercised by the
Director in lieu of the Secretary of Defense.
``(D) Implementation policy.--The Director, in consultation
with the heads of the elements of the intelligence community,
shall--
``(i) <<NOTE: Deadline.>> not later than 180 days
after the date of the enactment of the Intelligence
Authorization Act for Fiscal Year 2023, establish and
implement an intelligence community-wide policy
prescribing the use and limitations of the authority
under this paragraph, particularly with respect to the
application of subparagraphs (B) and (C);
``(ii) <<NOTE: Review. Update.>> periodically
review and update the policy established under clause
(i); and
``(iii) submit to the congressional intelligence
committees, the Committee on Appropriations of the
Senate, and the Committee on Appropriations of the House
of Representatives the policy when established under
clause (i) or updated under clause (ii).
``(E) Annual report.--
``(i) In general.--Not less frequently than
annually, the Director shall submit to the congressional
intelligence committees, the Committee on Appropriations
of the Senate, and the Committee on Appropriations of
the House of Representatives a report detailing the use
by the intelligence community of the authority provided
by this paragraph.
``(ii) Elements.--
``(I) Required elements.--Each report required
by clause (i) shall detail the following:
``(aa) The number of transactions.
``(bb) The participants to such
transactions.
``(cc) The purpose of the
transaction.
``(dd) The amount of each
transaction.
``(ee) Concerns with the efficiency
of the policy.
``(ff) Any recommendations for how
to improve the process.
``(II) Other elements.--Each report required
by clause (i) may describe such transactions which
have been awarded follow-on production contracts
either pursuant to the authority provided by this
paragraph or another acquisition authority
available to the intelligence community.''.
SEC. 6712. <<NOTE: 50 USC 3024 note.>> IMPLEMENTATION PLAN AND
ADVISABILITY STUDY FOR OFFICES OF
COMMERCIAL INTEGRATION.
(a) Plan and Study.--
[[Page 136 STAT. 3566]]
(1) <<NOTE: Deadline.>> Submission.--Not later than 1 year
after the date of the enactment of this Act, the Director of
National Intelligence, in coordination with the heads of the
elements of the intelligence community, shall submit to the
congressional intelligence committees, the Subcommittee on
Defense of the Committee on Appropriations of the Senate, and
the Subcommittee on Defense of the Committee on Appropriations
of the House of Representatives--
(A) a plan for the establishment of a centralized
office or offices within each appropriate element of the
intelligence community, to be known as the ``Office of
Commercial Integration'', for the purpose of--
(i) assisting persons desiring to submit an
offer for a contract with the intelligence
community; and
(ii) assisting with the procurement of
commercial products and commercial services; and
(B) <<NOTE: Assessment.>> the findings of a study
conducted by the Director into the advisability of
implementing such plan, including an assessment of--
(i) whether there should be a single Office of
Commercial Integration for the intelligence
community or whether each element of the
intelligence community shall establish such an
Office;
(ii) the costs and benefits of the
implementation of such plan; and
(iii) whether there is within any element of
the intelligence community an existing office or
program similar to the proposed Office of
Commercial Integration.
(2) Elements.--The materials submitted under paragraph (1)
shall include the following:
(A) A <<NOTE: Recommenda- tion.>> recommendation by
the Director, based on the findings of the study under
paragraph (1)(B), on--
(i) how the plan under paragraph (1)(A)
compares to specific alternative actions of the
intelligence community that could be taken to
assist persons desiring to submit an offer for a
contract with the intelligence community and
assist with the procurement of commercial products
and commercial services; and
(ii) whether to implement such plan.
(B) <<NOTE: Proposal.>> A proposal for the
designation of a senior official of the Office of the
Director of National Intelligence who would be
responsible for the coordination across the intelligence
community or across the Offices of Commercial
Integration, depending on the findings of the study
under paragraph (1)(B).
(C) <<NOTE: Guidelines.>> Draft guidelines that
would require the coordination and sharing of best
practices and other information across the intelligence
community.
(D) <<NOTE: Timeline. Deadline.>> A timeline of the
steps that would be necessary to establish each Office
of Commercial Integration by the date that is not later
than 2 years after the date of the enactment of this
Act.
(E) <<NOTE: Assessment.>> An assessment of the
personnel requirements, and any other resource
requirements, that would be necessary
[[Page 136 STAT. 3567]]
to establish the Office or Offices of Commercial
Integration by such date, including--
(i) the amount of personnel necessary for the
establishment of the Office or Offices of
Commercial Integration; and
(ii) the necessary qualifications of any such
personnel.
(F) Policies regarding the types of assistance that,
if an Office or Offices of Commercial Integration were
to be established, could be provided to contractors by
the Director of such Office, taking into account the
role of such assistance as an incentive for emerging
technology companies to enter into contracts with the
heads of the elements of the intelligence community.
(G) Eligibility criteria for determining the types
of offerors or contractors that would be eligible to
receive assistance provided by each Office of Commercial
Integration.
(H) Policies regarding outreach efforts that would
be required to be conducted by the Office or Offices of
Commercial Integration with respect to eligible
contractors.
(I) Policies regarding how the intelligence
community would coordinate with the Director of the
Federal Bureau of Investigation to provide proactive
counterintelligence risk analysis and assistance to
entities in the private sector.
(J) <<NOTE: Guidlines.>> Draft guidelines that
would require the Office or Offices of Commercial
Integration to appoint and assign personnel with
expertise in a range of disciplines necessary for the
accelerated integration of commercial technologies into
the intelligence community (as determined by the Office
or Offices of Commercial Integration), including
expertise in the following:
(i) Authorizations to operate.
(ii) Contracting.
(iii) Facility clearances.
(iv) Security clearances.
(K) Such other intelligence community-wide policies
as the Director of National Intelligence may prescribe
relating to the improvement of commercial integration
(and the coordination of such improvements) by and among
the elements of the intelligence community.
(b) Public Website on Commercial Integration.--
(1) <<NOTE: Deadline.>> Establishment.--Not later than 1
year after the date of the date of enactment of this Act, the
Director of National Intelligence, in coordination with the head
of the relevant elements of the intelligence community (as
determined by the Director) and the designated element leads
under section 6702(b), shall establish a publicly accessible
website that includes relevant information necessary for
offerors or contractors to conduct business with each element of
the intelligence community.
(2) Inclusion of certain information.--If there is
established an Office or Offices of Commercial Integration in
accordance with subsection (a), the website under paragraph (1)
shall include--
(A) information, as appropriate, on the elements
under subsection (a)(2) relating to that Office; and
[[Page 136 STAT. 3568]]
(B) contact information for the relevant senior
officers of the Office or Offices.
SEC. 6713. <<NOTE: 50 USC 3024 note.>> PILOT PROGRAM ON
DESIGNATED EMERGING TECHNOLOGY
TRANSITION PROJECTS.
(a) Pilot Program.--The Director of National Intelligence shall
carry out a pilot program to more effectively transition promising
prototypes or products in a developmental stage to a production stage,
through designating eligible projects as ``Emerging Technology
Transition Projects''.
(b) Designation.--
(1) <<NOTE: Deadline. Guidelines.>> In general.--Not later
than 180 days after the date of the enactment of this Act, the
Director of National Intelligence shall issue guidelines to
implement the pilot program under subsection (a).
(2) Requirements.--The guidelines issued pursuant to
paragraph (1) shall include the following requirements:
(A) <<NOTE: List.>> Each head of an element of the
intelligence community shall submit to the Director of
National Intelligence a prioritized list of not more
than 10 eligible projects per year to be considered for
designation by the Director of National Intelligence as
Emerging Technology Transition Projects during the
budget formulation process.
(B) <<NOTE: Designation.>> The Director of National
Intelligence shall designate not more than 10 eligible
projects per year as Emerging Technology Transition
Projects.
(C) <<NOTE: Certifications.>> No eligible project
may be designated by the Director of National
Intelligence as an Emerging Technology Transition
Project unless the head of an element of the
intelligence community includes the project in the
prioritized list under subparagraph (A) and submits to
the Director of National Intelligence, with respect to
the project, each of the following:
(i) A justification of why the product was
nominated for transition, including a description
of the importance of the proposed product to the
mission of the intelligence community and the
nominating agency.
(ii) A certification that the project provides
new technologies or processes, or new applications
of existing technologies, that shall enable more
effective alternatives to existing programs,
systems, or initiatives of the intelligence
community.
(iii) A certification that the project
provides future cost savings, significantly
reduces the time to deliver capabilities to the
intelligence community, or significantly improves
a capability of the intelligence community.
(iv) A certification that funding is not
proposed for the project in the budget request of
the respective covered element for the fiscal year
following the fiscal year in which the project is
submitted for consideration.
(v) A certification in writing by the
nominating head that the project meets all
applicable criteria and requirements of the
respective covered element for transition to
production and that the nominating head would fund
the project if additional funds were made
available for such purpose.
[[Page 136 STAT. 3569]]
(vi) A description of the means by which the
proposed production product shall be incorporated
into the activities and long-term budget of the
respective covered element following such
transition.
(vii) A description of steps taken to ensure
that the use of the product shall reflect
commercial best practices, as applicable.
(D) A clear description of the selection of eligible
projects, including specific criteria, that shall
include, at a minimum, the requirements specified in
subparagraph (C).
(E) The designation of an official responsible for
implementing this section and coordinating with the
heads of the elements of the intelligence community with
respect to the guidelines issued pursuant to paragraph
(1) and overseeing the awards of funds to Emerging
Technology Transition Projects with respect to that
element.
(3) Revocation of designation.--The designation of an
Emerging Technology Transition Project under subsection (b) may
be revoked at any time by--
(A) the Director of National Intelligence; or
(B) the relevant head of a covered element of the
intelligence community that previously submitted a
project under subsection (b), in consultation with the
Director of National Intelligence.
(c) Benefits of Designation.--
(1) Inclusion in multiyear national intelligence program
plan.--The Director of National Intelligence shall include in
the relevant multiyear national intelligence program plan
submitted to Congress under section 1403 of the National Defense
Authorization Act for Fiscal Year 1991 (50 U.S.C. 3301) the
planned expenditures, if any, of each designated project during
the period of its designation.
(2) Inclusion under separate exhibit.--The heads of elements
of the intelligence community shall ensure that each designated
project is included in a separate budget exhibit in the relevant
multiyear national intelligence program plan submitted to
Congress under such section 1403 of the National Defense
Authorization Act for Fiscal Year 1991 (50 U.S.C. 3301) for the
period of the designation of such project.
(3) Consideration in programming and budgeting.--Each
designated project shall be taken into consideration by the
nominating head in the programming and budgeting phases of the
intelligence planning, programming, budgeting, and evaluation
process during the period of its designation.
(d) Reports to Congress.--
(1) Annual reports.--On an annual basis for each fiscal year
during which the pilot program under subsection (a) is carried
out, concurrently with the submission of the budget of the
President for that fiscal year under section 1105(a) of title
31, United States Code, the Director of National Intelligence
shall submit to the congressional intelligence committees and
the Committees on Appropriations of the House of Representatives
and the Senate a report that includes the following:
(A) A description of each designated project.
[[Page 136 STAT. 3570]]
(B) <<NOTE: Summary.>> A summary of the potential
of each designated project, as specified in subsection
(b)(2)(C).
(C) For each designated project, a description of
the progress made toward delivering on such potential.
(D) A description of any funding proposed for the
designated project in the future-years intelligence
program, including by program, appropriation account,
expenditure center, and project.
(E) Such other information on the status of such
pilot program as the Director considers appropriate.
(2) <<NOTE: Recommenda- tions.>> Final report.--In the
final report submitted under paragraph (1) prior to the date of
termination under subsection (e), the Director of National
Intelligence shall include a recommendation on whether to extend
the pilot program under subsection (a) and the appropriate
duration of such extension, if any.
(e) Termination Date.--The authority to carry out the pilot program
under subsection (a) shall terminate on December 31, 2027.
(f) Definition of Covered Element of the Intelligence Community.--In
this section, the term ``covered element of the intelligence community''
means the following:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The National Security Agency.
(4) The National Geospatial-Intelligence Agency.
(5) The National Reconnaissance Office.
(6) The Defense Intelligence Agency.
SEC. 6714. <<NOTE: 50 USC 3024 note.>> HARMONIZATION OF
AUTHORIZATIONS TO OPERATE.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services of the Senate;
(3) the Committee on Appropriations of the Senate;
(4) the Committee on Armed Services of the House of
Representatives; and
(5) the Committee on Appropriations of the House of
Representatives.
(b) <<NOTE: Deadline.>> Protocol.--Not later than 180 days after
the date of the enactment of this Act, the Director of National
Intelligence, in coordination with the Secretary of Defense and the
heads of the elements of the intelligence community, shall develop and
submit to the appropriate committees of Congress a single protocol
setting forth policies and procedures relating to authorizations to
operate for Department of Defense or intelligence community systems held
by industry providers.
(c) Limitation.--The protocol under subsection (b) shall be limited
to authorizations to operate for Department of Defense and intelligence
community systems.
(d) Elements.--The protocol under subsection (b) shall include, at a
minimum, the following:
(1) A policy for reciprocal recognition, as appropriate,
among the elements of the intelligence community and the
Department of Defense of authorizations to operate held by
[[Page 136 STAT. 3571]]
commercial providers. Such reciprocal recognition shall be
limited to authorizations to operate for systems that collect,
process, maintain, use, share, disseminate, or dispose of data
classified at an equal or lower classification level than the
original authorization.
(2) <<NOTE: Procedures.>> Procedures under which, subject
to such criteria as may be prescribed by the Director of
National Intelligence jointly with the Secretary of Defense, a
provider that holds an authorization to operate for a Department
of Defense or intelligence community system may provide to the
head of an element of the intelligence community or the
Department of Defense the most recently updated version of any
software, data, or application for use on such system without
being required to submit an application for new or renewed
authorization.
(3) <<NOTE: Procedures.>> Procedures for the review,
renewal, and revocation of authorizations to operate held by
commercial providers, including procedures for maintaining
continuous authorizations to operate, subject to such conditions
as may be prescribed by the Director of National Intelligence,
in coordination with the Secretary of Defense. Such procedures
may encourage greater use of modern security practices already
being adopted by the Department of Defense and other Federal
agencies, such as continuous authorization with system security
focused on continuous monitoring of risk and security controls,
active system defense, and the use of an approved mechanism for
secure and continuous delivery of software (commonly referred to
as ``DevSecOps'').
(4) <<NOTE: Requirements.>> A policy for the harmonization
of documentation requirements for commercial providers
submitting applications for authorizations to operate, with the
goal of a uniform requirement across the Department of Defense
and the elements of the intelligence community (subject to
exceptions established by the Director and the Secretary). Such
policy shall include the following requirements:
(A) A requirement for the full disclosure of
evidence in the reciprocity process across the
Department of Defense and the elements of the
intelligence community.
(B) With respect to a system with an existing
authorization to operate, a requirement for approval by
the Chief Information Officer or a designated official
(as the head of the respective element of the
intelligence community determines appropriate) for such
system to operate at an equal or higher level
classification level, to be granted prior to the
performance of an additional security assessment with
respect to such system, and regardless of which element
of the intelligence community or Department of Defense
granted the original authorization.
(5) <<NOTE: Requirement.>> A requirement to establish a
joint secure portal of the Office of the Director of National
Intelligence and the Department of Defense for the maintenance
of records, applications, and system requirements for
authorizations to operate.
(6) <<NOTE: Plan.>> A plan to examine, and if necessary,
address, the shortage of intelligence community and Department
of Defense personnel authorized to support and grant an
authorization to operate. Such plan shall include--
[[Page 136 STAT. 3572]]
(A) <<NOTE: Reports.>> a report on the current
average wait times for authorizations to operate and
backlogs, disaggregated by each element of the
intelligence community and the Department of Defense;
(B) <<NOTE: Recommenda- tions.>> appropriate
recommendations to increase pay or implement other
incentives to recruit and retain such personnel; and
(C) <<NOTE: Plan.>> a plan to leverage independent
third-party assessment organizations to support
assessments of applications for authorizations to
operate.
(7) <<NOTE: Procedures.>> Procedures to ensure data
security and safety with respect to the implementation of the
protocol.
(8) <<NOTE: Timeline.>> A proposed timeline for the
implementation of the protocol by the deadline specified in
subsection (g).
(e) <<NOTE: Deadline. Designation.>> Coordinating Officials.--Not
later than 60 days after the date of the enactment of this Act--
(1) the Director of National Intelligence shall designate an
official of the Office of the Director of National Intelligence
responsible for implementing this section on behalf of the
Director and leading coordination across the intelligence
community for such implementation;
(2) the Secretary of Defense shall designate an official of
the Department of Defense responsible for implementing this
section on behalf of the Secretary and leading coordination
across the Department of Defense for such implementation; and
(3) each head of an element of the intelligence community
shall designate an official of that element responsible for
implementing this section and overseeing implementation of the
protocol under subsection (b) with respect to the element.
(f) Documentation Requirements.--Under the protocol under subsection
(b), no head of a Federal agency may commence the operation of a system
using an authorization to operate granted by another Federal agency
without possessing documentation of the original authorization to
operate.
(g) <<NOTE: Deadline.>> Implementation Required.--The protocol
under subsection (b) shall be implemented not later than January 1,
2025.
SEC. 6715. PLAN TO EXPAND SENSITIVE COMPARTMENTED INFORMATION
FACILITY ACCESS BY CERTAIN CONTRACTORS;
REPORTS ON EXPANSION OF SECURITY
CLEARANCES FOR CERTAIN CONTRACTORS.
(a) Plan; Briefing.--
(1) <<NOTE: Deadline.>> In general.--Not later than 180
days after the date of the date of enactment of this Act, the
Director of National Intelligence, in consultation with the
Secretary of Defense and the heads of such other elements of the
intelligence community as the Director of National Intelligence
may determine appropriate, shall--
(A) develop a plan to expand access by contractors
of small emerging technology companies to sensitive
compartmented information facilities for the purpose of
providing such contractors with a facility to securely
perform work; and
(B) provide to the congressional intelligence
committees, the Committee on Armed Services and the
Committee on Appropriations of the Senate, and the
Committee on
[[Page 136 STAT. 3573]]
Armed Services and the Committee on Appropriations of
the House of Representatives a briefing on such plan.
(2) Matters.--The plan under paragraph (1) shall include the
following:
(A) <<NOTE: Overview.>> An overview of the existing
sensitive compartmented information facilities, if any,
that may be available for the purpose specified in
paragraph (1).
(B) <<NOTE: Assessment.>> An assessment of the
feasibility of building additional sensitive
compartmented information facilities for such purpose.
(C) <<NOTE: Assessment.>> An assessment of the
relative costs and benefits of repurposing existing, or
building additional, sensitive compartmented information
facilities for such purpose.
(D) <<NOTE: Criteria.>> The eligibility criteria
for determining which contractors under this section may
be granted access to sensitive compartmented information
facilities for such purpose.
(E) <<NOTE: Estimate.>> An estimate of the maximum
number of contractors that may be provided access to
sensitive compartmented information facilities for such
purpose, taking into account the matters specified in
subparagraphs (A) and (B).
(F) <<NOTE: Timeline.>> Policies to ensure the
efficient and narrow use of sensitive compartmented
information facilities for such purpose, including a
timeline for the length of such use by a contractor
under this section and a detailed description of the
process to terminate access to the sensitive
compartmented information facility by such contractor
upon--
(i) the expiration of the contract or
agreement of the contractor; or
(ii) <<NOTE: Determination.>> a determination
that the contractor no longer has a need for such
access to fulfill the terms of such contract or
agreement.
(G) Pricing structures for the use of sensitive
compartmented information facilities by contractors for
the purpose specified in paragraph (1). Such pricing
structures--
(i) may include free use (for the purpose of
incentivizing future contracts), with the
potential for pricing to increase dependent on the
length of the contract or agreement, the size of
the contractor, and the need for such use; and
(ii) <<NOTE: Certification.>> shall ensure
that the cumulative cost for a contractor to rent
and independently certify a sensitive
compartmented information facility for such
purpose does not exceed the market average for the
Director of National Intelligence or the Secretary
of Defense to build, certify, and maintain a
sensitive compartmented information facility.
(H) A security plan for vetting each contractor
prior to the access of a sensitive compartmented
information facility by the contractor for the purpose
specified in paragraph (1), and an assessment of
potential security concerns regarding such access.
(I) <<NOTE: Timeline.>> A proposed timeline for the
expansion of access to sensitive compartmented
information facilities in accordance with paragraph (1).
[[Page 136 STAT. 3574]]
(J) Such other matters as the Director of National
Intelligence or the Secretary of Defense considers
relevant to such expansion.
(b) <<NOTE: Determination.>> Eligibility Criteria for
Contractors.--Unless the Director of National Intelligence determines
the source of the financing of a contractor poses a national security
risk, such source of financing may not be taken into consideration in
making a determination as to the eligibility of the contractor in
accordance with subsection (a)(2)(D).
(c) Reports on Expansion of Security Clearances for Certain
Contractors.--
(1) Reports.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter for 3 years, the
Director of National Intelligence and the Secretary of Defense
shall jointly submit to the congressional intelligence
committees, the Committee on Armed Services of the Senate, and
the Committee on Armed Services of the House of Representatives
a report on the extent to which security clearance requirements
delay, limit, or otherwise disincentivize emerging technology
companies from entering into contracts with the United States
Government.
(2) Matters.--Each report under paragraph (1) shall include
the following:
(A) Statistics on the periods of time between the
submission of applications for security clearances by
employees of emerging technology companies and the grant
of such security clearances, disaggregated by the size
of the respective company.
(B) The number of security clearances granted to
employees of small emerging technology companies during
the period covered by the report.
(C) The number of applications for security
clearances submitted by employees of emerging technology
companies that have yet to be adjudicated as of the date
on which the report is submitted.
(D) A projection, for the year following the date on
which the report is submitted, of the number of security
clearances necessary for employees of emerging
technology companies to perform work on behalf of the
intelligence community during such year, and an
assessment of the capacity of the intelligence community
to meet such demand.
(E) An identification of each occurrence, during the
period covered by the report, in which an emerging
technology company withdrew from or declined to accept a
contract with the United States Government on the sole
basis of delays, limitations, or other issues involving
security clearances, and a description of the types of
business the United States Government has lost as a
result of such occurrences.
(F) <<NOTE: Recommenda- tions.>> Recommendations
for expediting the grant of security clearances to
employees of emerging technology companies, including
with respect to any additional resources, authorities,
or personnel that the Director of National Intelligence
determines may be necessary for such expedition.
[[Page 136 STAT. 3575]]
(3) Form.--Each report under paragraph (1) may be submitted
in classified form, but if so submitted shall include an
unclassified executive summary.
(d) <<NOTE: Proposal. Time period.>> Proposal Concurrent With
Budget Submission.--At the time that the President submits to Congress
the budget for fiscal year 2024 pursuant to section 1105 of title 31,
United States Code, the Director of National Intelligence shall submit
to the congressional intelligence committees a proposal to improve the
capacity of the workforce responsible for the investigation and
adjudication of security clearances, with the goal of reducing the
period of time specified in subsection (c)(2)(A) to fewer than 60 days.
Such proposal shall include an identification of any resources the
Director of National Intelligence determines necessary to expand the
number of individuals authorized to conduct polygraphs on behalf of the
intelligence community, including by furnishing necessary training to
such individuals.
(e) Applicability.--The plan, briefing, reports, and proposal
required by this section shall apply only with respect to the
intelligence community and the Department of Defense.
SEC. 6716. <<NOTE: 50 USC 3024 note.>> COMPLIANCE BY INTELLIGENCE
COMMUNITY WITH REQUIREMENTS OF FEDERAL
ACQUISITION REGULATION RELATING TO
COMMERCIALLY AVAILABLE OFF-THE-SHELF
ITEMS AND COMMERCIAL SERVICES.
(a) Compliance Policy.--
(1) <<NOTE: Deadline.>> Requirement.--Not later than 1 year
after the date of the enactment of this Act, the Director of
National Intelligence shall implement a policy to ensure that
each element of the intelligence community complies with parts
10 and 12 of the Federal Acquisition Regulation with respect to
any Federal Acquisition Regulation-based procurements.
(2) Elements.--The policy under paragraph (1) shall include
the following:
(A) <<NOTE: Criteria.>> Written criteria for an
element of the intelligence community to evaluate when a
procurement of a covered item or service is permissible,
including--
(i) requiring the element to conduct an
independent market analysis to determine whether a
commercially available off-the-shelf item,
nondevelopmental item, or commercial service is
viable; and
(ii) a description of the offeror for such
covered item or service and how the covered item
or service to be acquired will be integrated into
existing systems of the intelligence community.
(B) A detailed set of performance measures for the
acquisition personnel of the intelligence community
that--
(i) prioritizes adherence to parts 10 and 12
of the Federal Acquisition Regulation;
(ii) encourages acquisition of commercially
available off-the-shelf items, nondevelopmental
items, or commercial services; and
(iii) incentivizes such personnel of the
intelligence community that enter into contracts
for covered items or services only when necessary.
[[Page 136 STAT. 3576]]
(3) <<NOTE: Deadlines.>> Submission.--Not later than 180
days after the date of the enactment of this Act, the Director
of National Intelligence shall submit to the congressional
intelligence committees, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the Subcommittee
on Defense of the Committee on Appropriations of the House of
Representatives--
(A) the policy developed pursuant to paragraph (1);
and
(B) <<NOTE: Plan.>> the plan to implement such
policy by not later than 1 year after the date of such
enactment.
(4) Market analysis.--In carrying out the independent market
analysis pursuant to paragraph (2)(A)(i), the Director may enter
into a contract with an independent market research group with
qualifications and expertise to find available commercial
products or commercial services to meet the needs of the
intelligence community.
(b) Annual Reports.--
(1) Requirement.--Not later than 2 years after the date of
the enactment of this Act, and annually thereafter for 3 years,
the Director, in consultation with the head of each element of
the intelligence community, shall submit to the congressional
intelligence committees, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the Subcommittee
on Defense of the Committee on Appropriations of the House of
Representatives a report on the policy developed under
subsection (a).
(2) Elements.--Each report under paragraph (1) shall
include, with respect to the period covered by the report, the
following:
(A) <<NOTE: Evaluation.>> An evaluation of the
success of the policy, including with respect to the
progress the elements have made in complying with parts
10 and 12 of the Federal Acquisition Regulation.
(B) A description of how any market analyses are
conducted pursuant to subsection (a)(2)(A)(i).
(C) <<NOTE: Recommenda- tions.>> Any
recommendations to improve compliance with such parts 10
and 12.
SEC. 6717. <<NOTE: 50 USC 3024 note.>> POLICY ON REQUIRED USER
ADOPTION METRICS IN CERTAIN CONTRACTS
FOR ARTIFICIAL INTELLIGENCE AND EMERGING
TECHNOLOGY SOFTWARE PRODUCTS.
(a) <<NOTE: Deadline.>> Policy.--Not later than 180 days after the
date of the enactment of this Act, the Director of National Intelligence
shall establish a policy regarding user adoption metrics for contracts
and other agreements for the procurement of covered products as follows:
(1) With respect to a contract or other agreement entered
into between the head of an element of the intelligence
community and a commercial provider for the procurement of a
covered product for users within the intelligence community, a
requirement that each such contract or other agreement include,
as a term of the contract or agreement, an understanding of the
anticipated use of the covered product with a clear metric for
success and for collecting user adoption metrics, as
appropriate, for assessing the adoption of the covered product
by such users.
[[Page 136 STAT. 3577]]
(2) Such exceptions to the requirements under paragraph (1)
as may be determined appropriate pursuant to guidance
established by the Director of National Intelligence.
(3) A requirement that prior to the procurement of, or the
continuation of the use of, any covered product procured by the
head of an element of the intelligence community, the head has
determined a method for assessing the success of the covered
product from user adoption metrics.
(b) <<NOTE: Deadline.>> Submission.--Not later than 60 days after
the date on which the policy under subsection (a) is established, the
Director of National Intelligence shall submit to the congressional
intelligence committees, the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives such policy.
SEC. 6718. <<NOTE: 50 USC 3334n.>> CERTIFICATION RELATING TO
INFORMATION TECHNOLOGY AND SOFTWARE
SYSTEMS.
(a) Certifications Required.--Prior to the date on which the head of
an element of the intelligence community enters into, renews, or extends
a contract for the acquisition of an information technology or software
system, the head shall certify to the Director of National Intelligence
the following:
(1) That the information technology or software system is
the most up-to-date version of the system available or, if it is
not, why a more out of date version was chosen.
(2) That the information technology or software system is
compatible with integrating new and emerging technologies, such
as artificial intelligence.
(3) That the information technology or software system was
thoroughly reviewed and alternative products are not superior to
meet the requirements of the element.
(b) Exemption.--The Director of National Intelligence may exempt
elements of the intelligence community, as appropriate, from the
requirements under (a) if meeting such requirements may pose security or
operational risks.
(c) Guidance.--The Director shall issue to the heads of the elements
of the intelligence community, and submit to the congressional
intelligence committees, the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives, guidance
to--
(1) establish guidelines that the heads of the relevant
elements of the intelligence community shall use to evaluate the
criteria required for the certifications under subsection (a);
(2) incentivize each such head to adopt and integrate new
and emerging technology within information technology and
software systems of the element and to decommission and replace
outdated systems, including through potential funding
enhancements; and
(3) incentivize, and hold accountable, personnel of the
intelligence community with respect to the integration of new
and emerging technology within such systems, including through
the provision of appropriate training programs and evaluations.
[[Page 136 STAT. 3578]]
Subtitle C--Reports
SEC. 6721. REPORTS ON INTEGRATION OF ARTIFICIAL INTELLIGENCE
WITHIN INTELLIGENCE COMMUNITY.
(a) Reports by Elements of Intelligence Community.--Not later than
180 days after the date of the enactment of this Act, each senior
official within an element of the intelligence community identified as a
designated element lead pursuant to section 6702(b) shall submit to the
congressional intelligence committees, the Subcommittee on Defense of
the Committee on Appropriations of the Senate, and the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives a report on the efforts of that element to develop,
acquire, adopt, and maintain artificial intelligence to improve
intelligence collection and analysis and optimize internal work flows.
Each such report shall include the following:
(1) A description of the authorities of the element relating
to the use of artificial intelligence.
(2) <<NOTE: List.>> A list of any resource or authority
necessary to accelerate the adoption by the element of
artificial intelligence solutions, including commercial
products, or personnel authorities.
(3) A description of the element's roles, responsibilities,
and authorities for accelerating the adoption by the element of
artificial intelligence solutions.
(4) The application of the policies and principles described
in section 6702(a)(2) to paragraphs (1), (2), and (3).
(b) Audits by Inspectors General.--
(1) <<NOTE: Deadline. Briefing.>> Audits.--Not later than 2
years after the date of the enactment of this Act, each
inspector general with oversight responsibility for an element
of the intelligence community shall conduct and audit, and brief
congressional intelligence committees, the Subcommittee on
Defense of the Committee on Appropriations of the Senate, and
the Subcommittee on Defense of the Committee on Appropriations
of the House of Representatives the findings of the audit, to
evaluate the following:
(A) The efforts of such element to develop, acquire,
adopt, and maintain artificial intelligence capabilities
for the purpose of improving intelligence collection and
analysis in a timely manner and the extent to which such
efforts are consistent with the policies and principles
described in section 6702(a)(2);
(B) The degree to which the element has implemented
each of the provisions of this title.
(C) Any administrative or technical barriers to the
accelerated adoption of artificial intelligence by such
element.
(2) Input required.--The results of each audit under
paragraph (1) shall be disaggregated by, and include input from,
organizational units of the respective element of the
intelligence community that focus on the following:
(A) Acquisitions and contracting.
(B) Personnel and workforce matters.
(C) Financial management and budgeting.
(D) Operations and capabilities.
[[Page 136 STAT. 3579]]
(3) Audit of office of director of national intelligence.--
With respect to the audit of the Office of the Director of
National Intelligence conducted by the Inspector General of the
Intelligence Community under paragraph (1), the Inspector
General shall also audit the extent to which the Director of
National Intelligence coordinates across the intelligence
community for the purpose of ensuring the adoption of best
practices, the use of shared contracting vehicles for products
and services that meet common requirements, the sharing of
information, and the efficient use of resources, relating to
artificial intelligence.
(c) Annual Report by Director of National Intelligence.--
(1) Reports.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter for 3 years, the
Director of National Intelligence, in consultation with the
heads of the elements of the intelligence community, shall
submit to the congressional intelligence committees, the
Subcommittee on Defense of the Committee on Appropriations of
the Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives a report on the
progress of the adoption of artificial intelligence within the
intelligence community.
(2) Matters.--Each report under paragraph (1) shall include,
with respect to the year covered by the report, the following:
(A) A detailed description of the progress of each
element of the intelligence community in the adoption
and maintenance of artificial intelligence during such
year, including a detailed description of any--
(i) artificial intelligence programs or
systems adopted by the element;
(ii) contracts entered into by the head of the
element with small- or medium-sized emerging
technology companies for commercial products
involving artificial intelligence; and
(iii) relevant positions established or filled
within the element.
(B) A description of any policies of the
intelligence community issued during such year that
relate to the adoption of artificial intelligence within
the intelligence community, including an assessment of
the compliance with such policies by the elements of the
intelligence community.
(C) <<NOTE: Recommenda- tions.>> A list of
recommendations for the efficient, accelerated, and
comprehensive adoption of artificial intelligence across
the intelligence community during the year following the
year covered by the report, including any technological
advances in artificial intelligence that the
intelligence community should leverage from industry
actors.
(D) <<NOTE: Overview.>> An overview of the advances
of foreign adversaries in the field of artificial
intelligence, and steps that may be taken to ensure the
United States Government outpaces foreign adversaries in
such field.
(E) Any gaps in resource or authorities, or other
administrative or technical barriers, to the adoption of
artificial intelligence by the intelligence community.
(F) Such other matters as the Director may determine
appropriate.
[[Page 136 STAT. 3580]]
(3) Form.--Each report under paragraph (1) may be submitted
in classified form.
(4) Entry by chief data officer.--Each report under
paragraph (1) shall include an entry by the Intelligence
Community Chief Data Officer that addresses each of the matters
specified in paragraph (2) with respect to the organization of
data for the accelerated adoption of artificial intelligence
solutions.
SEC. 6722. <<NOTE: Assessments.>> REPORT ON POTENTIAL BENEFITS OF
ESTABLISHMENT OF ICWERX.
(a) Report.--Not later than 180 days after the date of enactment of
this Act, the Director of National Intelligence, in coordination with
the Director of the Central Intelligence Agency and the Director of the
National Security Agency, shall submit to the congressional intelligence
committees, the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives an
assessment of whether the intelligence community would benefit from the
establishment of a new organization to be known as ``ICWERX'', the
mission and activities of which would incorporate lessons learned from
AFWERX of the Air Force (or such successor program), the Defense
Innovation Unit of the Department of Defense, In-Q-Tel, and other
programs sponsored by the Federal Government with a focus on
accelerating the adoption of emerging technologies for mission-relevant
applications or innovation.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) <<NOTE: Review.>> A review of the existing avenues for
small- and medium-sized emerging technology companies to provide
to the intelligence community artificial intelligence or other
technology solutions, including an identification, for each of
the 5 years preceding the year in which the report is submitted,
of the annual number of such companies that have provided the
intelligence community with such solutions.
(2) <<NOTE: Review.>> A review of the existing processes by
which the heads of the elements of the intelligence community
acquire and transition commercial research of small- and medium-
sized emerging technology companies in a prototype or other
early developmental stage.
(3) An assessment of--
(A) whether the intelligence community is currently
postured to incorporate the technological innovations of
emerging technology companies, including in software and
hardware; and
(B) any areas in which the intelligence community
lacks resources, authorities, personnel, expertise, or
institutional mechanisms necessary for such
incorporation.
(4) An assessment of whether a potential ICWERX would be
positioned to--
(A) assist small emerging technology companies, and
potentially medium-sized emerging technology companies,
in accelerating the procurement and fielding of
innovative technologies; and
[[Page 136 STAT. 3581]]
(B) provide the intelligence community with greater
access to innovative companies at the forefront of
emerging technologies.
(5) An assessment of the potential costs and benefits
associated with the establishment of ICWERX in accordance with
subsection (a).
SEC. 6723. <<NOTE: 50 USC 3334o.>> REQUIREMENTS AND REPORT ON
WORKFORCE NEEDS OF INTELLIGENCE
COMMUNITY RELATING TO SCIENCE,
TECHNOLOGY, ENGINEERING, AND MATH, AND
RELATED AREAS.
(a) <<NOTE: Plans.>> Requirements.--The Director of National
Intelligence, in coordination with the heads of human capital from each
element of the intelligence community, shall--
(1) develop a plan for the recruitment and retention of
personnel to positions the primary duties of which involve the
integration, maintenance, or use of artificial intelligence (and
the retention and training of personnel serving in such
positions), including with respect to the authorities and
requirements under section 6732(b);
(2) develop a plan for the review and evaluation, on a
continuous basis, of the expertise necessary to accelerate the
adoption of artificial intelligence and other emerging
technology solutions; and
(3) <<NOTE: Coordination.>> coordinate and share
information and best practices relating to such recruitment and
retention within the element and across the intelligence
community.
(b) Report.--
(1) Submission.--Not later than January 1, 2024, the
Director of National Intelligence, in coordination with heads of
human capital from each element of the intelligence community,
shall submit to the congressional intelligence committees, the
Subcommittee on Defense of the Committee on Appropriations of
the Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives a single report
on the workforce needs of each element of the intelligence
community relating to emerging technologies, with a specific
focus on artificial intelligence.
(2) Elements.--The report under paragraph (1) shall include,
with respect to each element of the intelligence community, the
following:
(A) A description of the number and types of
personnel in work roles whose primary official duties
include artificial intelligence responsibilities.
(B) A detailed description of the plans for each
element developed pursuant to subsection (a).
(3) <<NOTE: Assessment.>> Other matters.--The report under
paragraph (1) shall also include an assessment of the quality
and sustainability of the talent pipeline of the intelligence
community with respect to talent in emerging technologies,
including artificial intelligence. Such assessment shall include
the following:
(A) A description of the education, recruitment, and
retention programs (including skills-based training and
career and technical educational programs) available to
personnel of the intelligence community, regardless of
whether such programs are administered by the head of an
element of the intelligence community or the head of
[[Page 136 STAT. 3582]]
another Federal department or agency, and an analysis of
how such programs support the quality and sustainability
of such talent pipeline.
(B) A description of the relevant authorities
available to the heads of the elements of the
intelligence community to promote the quality and
sustainability of such talent pipeline.
(C) An assessment of any gaps in authorities,
resources, recruitment or retention incentives, skills-
based training, or educational programs, that may
negatively affect the quality or sustainability of such
talent pipeline.
(4) Form.--The report under paragraph (1) shall be submitted
in classified or unclassified form, as appropriate.
(c) Information Access.--The heads of the elements of the
intelligence community shall furnish to the Director of National
Intelligence such information as may be necessary for the development of
the report under subsection (b).
Subtitle D--Talent, Education, and Training
SEC. 6731. REPORT ON ESTABLISHMENT OF TECHNOLOGY ACQUISITION
CADRE.
(a) <<NOTE: Study.>> Report.--Not later than 180 days after the
date of the enactment of this Act, the Director of National Intelligence
shall submit to the congressional intelligence committees, the
Subcommittee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives a report containing a
feasibility and advisability study on establishing a cadre of personnel
who are experts in emerging technologies, software development, systems
integration, and acquisition, to improve the adoption of commercial
solutions for emerging technologies across the intelligence community,
particularly as the technologies relate to artificial intelligence.
(b) Elements.--The study under subsection (a) shall include the
following:
(1) <<NOTE: Examination.>> An examination regarding whether
a cadre of personnel described in subsection (a) would be an
effective and efficient means to substantially improve and
accelerate the adoption of commercial artificial intelligence
and other emerging technology products and services in support
of the missions of the intelligence community if the cadre has
the capacity and relevant expertise to--
(A) accelerate the adoption of emerging
technologies, including with respect to artificial
intelligence;
(B) assist with software development and
acquisition; and
(C) develop training requirements for acquisition
professionals within the elements of the intelligence
community.
(2) <<NOTE: Assessments.>> An assessment of--
(A) whether the establishment of the cadre would
require additional statutory authorities or resources,
including to recruit, hire, and retain the talent and
expertise needed to establish the cadre;
[[Page 136 STAT. 3583]]
(B) the benefits, costs, and risks associated with
the establishment of a cadre;
(C) <<NOTE: Recommenda- tions.>> a recommendation
on whether to establish the cadre; and
(D) <<NOTE: Plan.>> if a recommendation to
establish the cadre is made, a plan for implementation
of the cadre, including the proposed size of the cadre,
how the cadre would be resourced, managed, and
organized, and whether the cadre should be centrally
managed or reside at individual elements of the
intelligence community.
SEC. 6732. <<NOTE: Deadlines. 50 USC 3024 note.>> EMERGING
TECHNOLOGY EDUCATION AND TRAINING.
(a) Training Curriculum.--
(1) Requirement.--No later than 270 days after the date of
the enactment of this Act, the Director of National Intelligence
and the Secretary of Defense, in consultation with the President
of the Defense Acquisition University and the heads of the
elements of the intelligence community that the Director and
Secretary determine appropriate, shall jointly establish a
training curriculum for members of the acquisition workforce in
the Department of Defense (as defined in section 101 of title
10, United States Code) and the acquisition officials within the
intelligence community focused on improving the understanding
and awareness of contracting authorities and procedures for the
acquisition of emerging technologies.
(2) Provision of training.--The Director shall ensure that
the training curriculum under paragraph (1) is made available to
each element of the intelligence community not later than 60
days after the completion of the curriculum.
(3) Report.--Not later than January 1, 2024, the Director
and Secretary shall jointly submit to the congressional
intelligence committees, the Committee on Armed Services and the
Subcommittee on Defense of the Committee on Appropriations of
the Senate, and the Committee on Armed Services and the
Subcommittee on Defense of the Committee on Appropriations of
the House of Representatives a report containing an update on
the status of the curriculum under paragraph (1).
(b) Agreements Officers.--Not later than October 1, 2024, the
Director of National Intelligence shall ensure that at least 75 percent
of the contracting staff within the intelligence community whose primary
responsibilities include the acquisition of emerging technologies shall
have received the appropriate training to become warranted as agreements
officers who are given authority to execute and administer the
transactions authorized by paragraph (5) of section 102A(n) of the
National Security Act of 1947 (50 U.S.C. 3024(n)), as added by section
6711. The training shall include--
(1) the appropriate courses offered by the Defense
Acquisition University;
(2) the training curriculum established under subsection
(a); and
(3) best practices for monitoring, identifying, and
procuring emerging technologies with potential benefit to the
intelligence community, including commercial services and
products.
(c) Establishment of Emerging Technology Training Activities.--
[[Page 136 STAT. 3584]]
(1) Requirement.--Not later than January 1, 2024, the
Director of National Intelligence, in coordination with the
heads of the elements of the intelligence community that the
Director determines relevant, shall establish and implement
training activities designed for appropriate mid-career and
senior managers across the intelligence community to train the
managers on how to identify, acquire, implement, and manage
emerging technologies as such technologies may be applied to the
intelligence community.
(2) Certification.--Not later than 2 years after the date on
which the Director establishes the training activities under
paragraph (1), each head of an element of the intelligence
community shall certify to the Director whether the managers of
the element described in paragraph (1) have successfully
completed the education activities.
(3) Briefing.--Not later than January 1, 2024, the Director
of National Intelligence shall provide to the congressional
intelligence committees, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the Subcommittee
on Defense of the Committee on Appropriations of the House of
Representatives a briefing regarding the training activities
established under paragraph (1), including--
(A) <<NOTE: Overview.>> an overview of--
(i) the managers described in paragraph (1)
who participated in the training activities; and
(ii) what technologies were included in the
training activities; and
(B) an identification of other incentives,
activities, resources, or programs the Director
determines may be necessary to ensure the managers are
generally trained in the most emerging technologies and
able to retain and incorporate such technologies across
the intelligence community.
Subtitle E--Other Matters
SEC. 6741. <<NOTE: 50 USC 3024 note.>> IMPROVEMENTS TO USE OF
COMMERCIAL SOFTWARE PRODUCTS.
(a) Policy Regarding Procurement of Commercial Software Products.--
<<NOTE: Deadline.>> Not later than 1 year after the date of the
enactment of this Act, the Director of National Intelligence, in
consultation with the heads of the elements of the intelligence
community and appropriate nongovernmental experts that the Director
determines relevant, shall issue an intelligence community-wide policy
to ensure the procurement of commercial software products by the
intelligence community is carried out--
(1) using, to the extent practicable, standardized
terminology; and
(2) in accordance with acquisition and operation best
practices reflecting modern software as a service capabilities.
(b) <<NOTE: Guidelines. Timelines.>> Elements.--The policy issued
under subsection (a) shall include the following:
(1) Guidelines for the heads of the elements of the
intelligence community to determine which contracts for
commercial software products are covered by the policy,
including with
[[Page 136 STAT. 3585]]
respect to agreements, authorizations to operate, and other
acquisition activities.
(2) <<NOTE: Procedures.>> Guidelines for using standardized
terms in such contracts, modeled after commercial best
practices, including common procedures and language regarding--
(A) terms for the responsible party and timelines
for system integration under the contract;
(B) a mechanism included in each contract to ensure
the ability of the vendor to provide, and the United
States Government to receive, continuous updates and
version control for the software, subject to appropriate
security considerations;
(C) automatic technological mechanisms for security
and data validation, including security protocols that
are predicated on commercial best practices; and
(D) procedures to provide incentives, and a
technical framework, for system integration for new
commercial software solutions to fit within existing
workflows and information technology infrastructure.
(3) Guidelines and a timeline for enforcing the policy.
(c) <<NOTE: Time period.>> Report.--Not later than January 1, 2025,
and annually thereafter through 2028, the Director of National
Intelligence, in coordination with the heads of the elements of the
intelligence community, shall submit to the congressional intelligence
committees, the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives a report on
the policy issued under subsection (a), including the following with
respect to the period covered by the report:
(1) <<NOTE: Evaluation.>> An evaluation of compliance with
such policy by each of the elements of the intelligence
community.
(2) <<NOTE: Recommenda- tions.>> Additional recommendations
to better coordinate system integration throughout the
intelligence community using best practices.
SEC. 6742. <<NOTE: Deadlines.>> CODE-FREE ARTIFICIAL INTELLIGENCE
ENABLEMENT TOOLS POLICY.
(a) Draft Policy.--Not later than 1 year after the date of the
enactment of this Act, the Director of National Intelligence, in
consultation with the Director of the Central Intelligence Agency, the
Director of the National Security Agency, the Director of the National
Reconnaissance Office, the Director of the National Geospatial-
Intelligence Agency, and the Director of the Defense Intelligence
Agency, and any additional heads of the elements of the intelligence
community that the Director of National Intelligence determines
appropriate, shall draft a potential policy to promote the intelligence
community-wide use of code-free artificial intelligence enablement
tools.
(b) Elements.--The draft policy under subsection (a) shall include
the following:
(1) The objective for the use by the intelligence community
of code-free artificial intelligence enablement tools.
(2) A detailed set of incentives for using code-free
artificial intelligence enablement tools.
(3) <<NOTE: Plan.>> A plan to ensure coordination
throughout the intelligence community, including consideration
of designating an
[[Page 136 STAT. 3586]]
official of each element of the intelligence community to
oversee implementation of the policy and such coordination.
(c) <<NOTE: Assessments.>> Submission.--Not later than 180 days
after the date of the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence committees,
the Subcommittee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives the following:
(1) The draft policy under subsection (a).
(2) <<NOTE: Recommenda- tion.>> A recommendation regarding
the feasibility and advisability of implementing the draft
policy, including an assessment of the costs and advantages and
disadvantages of such implementation.
(3) An assessment of whether any element of the intelligence
community already has a similar existing policy.
(4) <<NOTE: Plan. Timeline.>> A specific plan and timeline
of the steps that would be necessary to implement the draft
policy.
(5) An assessment of the personnel requirements, budget
requirements, and any other resource requirements, that would be
necessary to implement the draft policy in the timeline
identified in paragraph (4).
TITLE LXVIII--OTHER MATTERS
SEC. 6801. IMPROVEMENTS RELATING TO CONTINUITY OF PRIVACY AND
CIVIL LIBERTIES OVERSIGHT BOARD
MEMBERSHIP.
Paragraph (4) of section 1061(h) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee(h)) is amended to
read as follows:
``(4) Term.--
``(A) Commencement.--Each member of the Board shall
serve a term of 6 years, commencing on the date of the
appointment of the member to the Board.
``(B) Reappointment.--A member may be reappointed to
one or more additional terms.
``(C) Vacancy.--A vacancy on the Board shall be
filled in the manner in which the original appointment
was made.
``(D) Extension.--Upon the expiration of the term of
office of a member, the member may continue to serve for
up to one year after the date of expiration, at the
election of the member--
``(i) during the period preceding the
reappointment of the member pursuant to
subparagraph (B); or
``(ii) until the member's successor has been
appointed and qualified.''.
SEC. 6802. MODIFICATION OF REQUIREMENT FOR OFFICE TO ADDRESS
UNIDENTIFIED ANOMALOUS PHENOMENA.
(a) In General.--Section 1683 of the National Defense Authorization
Act for Fiscal Year 2022 (50 U.S.C. 3373), as amended by title XVI of
this Act, is amended to read as follows:
``SEC. 1683. ESTABLISHMENT OF ALL-DOMAIN ANOMALY RESOLUTION
OFFICE.
``(a) Establishment of Office.--
``(1) <<NOTE: Deadline.>> In general.--Not later than 120
days after the date of the enactment of the Intelligence
Authorization Act for Fiscal
[[Page 136 STAT. 3587]]
Year 2023, the Secretary of Defense, in coordination with the
Director of National Intelligence, shall establish an office
within a component of the Office of the Secretary of Defense, or
within a joint organization of the Department of Defense and the
Office of the Director of National Intelligence, to carry out
the duties of the Unidentified Aerial Phenomena Task Force, as
in effect on December 26, 2021, and such other duties as are
required by this section, including those pertaining to
unidentified anomalous phenomena.
``(2) Designation.--The office established under paragraph
(1) shall be known as the `All-domain Anomaly Resolution Office'
(in this section referred to as the `Office').
``(b) Director and Deputy Director of the Office.--
``(1) Appointment of director.--The head of the Office shall
be the Director of the All-domain Anomaly Resolution Office (in
this section referred to as the `Director of the Office'), who
shall be appointed by the Secretary of Defense in consultation
with the Director of National Intelligence.
``(2) Appointment of deputy director.--The Deputy Director
of the Office shall be appointed by the Director of National
Intelligence in coordination with the Secretary of Defense.
``(3) Reporting.--
``(A) In general.--The Director of the Office shall
report directly to the Deputy Secretary of Defense and
the Principal Deputy Director of National Intelligence.
``(B) Administrative and operational and security
matters.--The Director of the Office shall report--
``(i) to the Under Secretary of Defense for
Intelligence and Security on all administrative
matters of the Office; and
``(ii) to the Deputy Secretary of Defense and
the Principal Deputy Director of National
Intelligence on all operational and security
matters of the Office.
``(c) Duties.--The duties of the Office shall include the following:
``(1) Developing procedures to synchronize and standardize
the collection, reporting, and analysis of incidents, including
adverse physiological effects, regarding unidentified anomalous
phenomena across the Department of Defense and the intelligence
community, in coordination with the Director of National
Intelligence, which shall be provided to the congressional
defense committees, the congressional intelligence committees,
and congressional leadership.
``(2) Developing processes and procedures to ensure that
such incidents from each component of the Department and each
element of the intelligence community are reported and stored in
an appropriate manner that allows for the integration of
analysis of such information.
``(3) Establishing procedures to require the timely and
consistent reporting of such incidents.
``(4) Evaluating links between unidentified anomalous
phenomena and adversarial foreign governments, other foreign
governments, or nonstate actors.
``(5) Evaluating the threat that such incidents present to
the United States.
[[Page 136 STAT. 3588]]
``(6) Coordinating with other departments and agencies of
the Federal Government, as appropriate, including the Federal
Aviation Administration, the National Aeronautics and Space
Administration, the Department of Homeland Security, the
National Oceanic and Atmospheric Administration, the National
Science Foundation, and the Department of Energy.
``(7) As appropriate, and in coordination with the Secretary
of State, the Secretary of Defense, and the Director of National
Intelligence, consulting with allies and partners of the United
States to better assess the nature and extent of unidentified
anomalous phenomena.
``(8) Preparing reports for Congress, in both classified and
unclassified form, including under subsection (j).
``(d) Response to and Field Investigations of Unidentified Anomalous
Phenomena.--
``(1) Designation.--The Secretary of Defense and the
Director of National Intelligence shall jointly designate from
within their respective organizations an official, to be under
the direction of the Director of the Office, responsible for
ensuring the appropriate expertise, authorities, accesses, data,
systems, platforms, and capabilities are available for the rapid
response to, and support for, the conduct of field
investigations of incidents involving unidentified anomalous
phenomena.
``(2) Ability to respond.--The Secretary of Defense and the
Director of National Intelligence shall ensure field
investigations are supported by personnel with the requisite
expertise, equipment, transportation, and other resources
necessary to respond rapidly to incidents or patterns of
observations involving unidentified anomalous phenomena.
``(e) Scientific, Technological, and Operational Analyses of Data on
Unidentified Anomalous Phenomena.--
``(1) Designation.--The Secretary of Defense, in
coordination with the Director of National Intelligence, shall
designate one or more line organizations that will be primarily
responsible for scientific, technical, and operational analysis
of data gathered by field investigations conducted pursuant to
subsection (d) and data from other sources, including with
respect to the testing of materials, medical studies, and
development of theoretical models, to better understand and
explain unidentified anomalous phenomena.
``(2) Authority.--The Secretary of Defense and the Director
of National Intelligence shall each issue such directives as are
necessary to ensure that each line organization designated under
paragraph (1) has authority to draw on the special expertise of
persons outside the Federal Government with appropriate security
clearances.
``(f) Data; Intelligence Collection.--
``(1) Availability of data and reporting on unidentified
anomalous phenomena.--
``(A) Availability of data.--The Director of
National Intelligence, in coordination with the
Secretary of Defense, shall ensure that each element of
the intelligence community with data relating to
unidentified anomalous phenomena makes such data
available immediately to the Office.
``(B) Reporting.--The Director of National
Intelligence and the Secretary of Defense shall each, in
coordination
[[Page 136 STAT. 3589]]
with one another, ensure that military and civilian
personnel of the Department of Defense or an element of
the intelligence community, and contractor personnel of
the Department or such an element, have access to
procedures by which the personnel shall report incidents
or information, including adverse physiological effects,
involving or associated with unidentified anomalous
phenomena directly to the Office.
``(2) Intelligence collection and analysis plan.--The
Director of the Office, acting in coordination with the
Secretary of Defense and the Director of National Intelligence,
shall supervise the development and execution of an intelligence
collection and analysis plan to gain as much knowledge as
possible regarding the technical and operational
characteristics, origins, and intentions of unidentified
anomalous phenomena, including with respect to the development,
acquisition, deployment, and operation of technical collection
capabilities necessary to detect, identify, and scientifically
characterize unidentified anomalous phenomena.
``(3) Use of resources and capabilities.--In developing the
plan under paragraph (2), the Director of the Office shall
consider and propose, as appropriate, the use of any resource,
capability, asset, or process of the Department and the
intelligence community.
``(g) Science Plan.--The Director of the Office, on behalf of the
Secretary of Defense and the Director of National Intelligence, shall
supervise the development and execution of a science plan to develop and
test, as practicable, scientific theories to--
``(1) account for characteristics and performance of
unidentified anomalous phenomena that exceed the known state of
the art in science or technology, including in the areas of
propulsion, aerodynamic control, signatures, structures,
materials, sensors, countermeasures, weapons, electronics, and
power generation; and
``(2) provide the foundation for potential future
investments to replicate or otherwise better understand any such
advanced characteristics and performance.
``(h) Assignment of Priority.--The Director of National
Intelligence, in consultation with and with the recommendation of the
Secretary of Defense, shall assign an appropriate level of priority
within the National Intelligence Priorities Framework to the requirement
to understand, characterize, and respond to unidentified anomalous
phenomena.
``(i) Detailees From Elements of the Intelligence Community.--The
heads of the Central Intelligence Agency, the Defense Intelligence
Agency, the National Security Agency, the Department of Energy, the
National Geospatial-Intelligence Agency, the intelligence elements of
the Army, the Navy, the Air Force, the Marine Corps, and the Coast
Guard, the Department of Homeland Security, and such other elements of
the intelligence community as the Director of the Office considers
appropriate may provide to the Office a detailee of the element to be
physically located at the Office.
``(j) Historical Record Report.--
``(1) Report required.--
``(A) In general.--Not later than 540 days after the
date of the enactment of the Intelligence Authorization
[[Page 136 STAT. 3590]]
Act for Fiscal Year 2023, the Director of the Office
shall submit to the congressional defense committees,
the congressional intelligence committees, and
congressional leadership a written report detailing the
historical record of the United States Government
relating to unidentified anomalous phenomena,
including--
``(i) the records and documents of the
intelligence community;
``(ii) oral history interviews;
``(iii) open source analysis;
``(iv) interviews of current and former
Government officials;
``(v) classified and unclassified national
archives including any records any third party
obtained pursuant to section 552 of title 5,
United States Code; and
``(vi) such other relevant historical sources
as the Director of the Office considers
appropriate.
``(B) Other requirements.--The report submitted
under subparagraph (A) shall--
``(i) <<NOTE: Time period.>> focus on the
period beginning on January 1, 1945, and ending on
the date on which the Director of the Office
completes activities under this subsection; and
``(ii) include a compilation and itemization
of the key historical record of the involvement of
the intelligence community with unidentified
anomalous phenomena, including--
``(I) any program or activity that
was protected by restricted access that
has not been explicitly and clearly
reported to Congress;
``(II) successful or unsuccessful
efforts to identify and track
unidentified anomalous phenomena; and
``(III) any efforts to obfuscate,
manipulate public opinion, hide, or
otherwise provide incorrect unclassified
or classified information about
unidentified anomalous phenomena or
related activities.
``(2) Access to records of the national archives and records
administration.--The Archivist of the United States shall make
available to the Office such information maintained by the
National Archives and Records Administration, including
classified information, as the Director of the Office considers
necessary to carry out paragraph (1).
``(k) Annual Reports.--
``(1) Reports from director of national intelligence and
secretary of defense.--
``(A) <<NOTE: Time period.>> Requirement.--Not
later than 180 days after the date of the enactment of
the Intelligence Authorization Act for Fiscal Year 2023,
and annually thereafter for four years, the Director of
National Intelligence and the Secretary of Defense shall
jointly submit to the appropriate congressional
committees a report on unidentified anomalous phenomena.
``(B) Elements.--Each report submitted under
subparagraph (A) shall include, with respect to the year
covered by the report, the following information:
[[Page 136 STAT. 3591]]
``(i) <<NOTE: Time period.>> All reported
unidentified anomalous phenomena-related events
that occurred during the one-year period.
``(ii) <<NOTE: Time period.>> All reported
unidentified anomalous phenomena-related events
that occurred during a period other than that one-
year period but were not included in an earlier
report.
``(iii) <<NOTE: Data analysis.>> An analysis
of data and intelligence received through each
reported unidentified anomalous phenomena-related
event.
``(iv) <<NOTE: Data analysis.>> An analysis
of data relating to unidentified anomalous
phenomena collected through--
``(I) geospatial intelligence;
``(II) signals intelligence;
``(III) human intelligence; and
``(IV) measurement and signature
intelligence.
``(v) The number of reported incidents of
unidentified anomalous phenomena over restricted
airspace of the United States during the one-year
period.
``(vi) <<NOTE: Analysis.>> An analysis of
such incidents identified under clause (v).
``(vii) Identification of potential aerospace
or other threats posed by unidentified anomalous
phenomena to the national security of the United
States.
``(viii) <<NOTE: Assessment.>> An assessment
of any activity regarding unidentified anomalous
phenomena that can be attributed to one or more
adversarial foreign governments.
``(ix) Identification of any incidents or
patterns regarding unidentified anomalous
phenomena that indicate a potential adversarial
foreign government may have achieved a
breakthrough aerospace capability.
``(x) <<NOTE: Update.>> An update on the
coordination by the United States with allies and
partners on efforts to track, understand, and
address unidentified anomalous phenomena.
``(xi) <<NOTE: Update.>> An update on any
efforts underway on the ability to capture or
exploit discovered unidentified anomalous
phenomena.
``(xii) <<NOTE: Assessment.>> An assessment
of any health-related effects for individuals that
have encountered unidentified anomalous phenomena.
``(xiii) The number of reported incidents, and
descriptions thereof, of unidentified anomalous
phenomena associated with military nuclear assets,
including strategic nuclear weapons and nuclear-
powered ships and submarines.
``(xiv) In consultation with the Administrator
for Nuclear Security, the number of reported
incidents, and descriptions thereof, of
unidentified anomalous phenomena associated with
facilities or assets associated with the
production, transportation, or storage of nuclear
weapons or components thereof.
``(xv) In consultation with the Chairman of
the Nuclear Regulatory Commission, the number of
reported incidents, and descriptions thereof, of
unidentified anomalous phenomena or drones of
[[Page 136 STAT. 3592]]
unknown origin associated with nuclear power
generating stations, nuclear fuel storage sites,
or other sites or facilities regulated by the
Nuclear Regulatory Commission.
``(xvi) The names of the line organizations
that have been designated to perform the specific
functions under subsections (d) and (e), and the
specific functions for which each such line
organization has been assigned primary
responsibility.
``(xvii) <<NOTE: Summary.>> A summary of the
reports received using the mechanism for
authorized reporting established under section
1673 of the National Defense Authorization Act for
Fiscal Year 2023.
``(2) Form.--Each report submitted under paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.
``(l) Semiannual Briefings.--
``(1) <<NOTE: Deadline. Time period. Classified
information.>> Requirement.--Not later than December 31, 2022,
and not less frequently than semiannually thereafter until
December 31, 2026, the Director of the Office shall provide to
the appropriate congressional committees classified briefings on
unidentified anomalous phenomena.
``(2) First briefing.--The first briefing provided under
paragraph (1) shall include all incidents involving unidentified
anomalous phenomena that were reported to the Unidentified
Aerial Phenomena Task Force or to the Office established under
subsection (a) after June 24, 2021, regardless of the date of
occurrence of the incident.
``(3) <<NOTE: Time period.>> Subsequent briefings.--Each
briefing provided subsequent to the first briefing described in
paragraph (2) shall include, at a minimum, all events relating
to unidentified anomalous phenomena that occurred during the
previous 180 days, and events relating to unidentified anomalous
phenomena that were not included in an earlier briefing.
``(4) Instances in which data was not shared.--For each
briefing period, the Director of the Office shall jointly
provide to the chairman or chair and the ranking member or vice
chairman of the congressional committees specified in
subparagraphs (A) and (D) of subsection (n)(1) an enumeration of
any instances in which data relating to unidentified anomalous
phenomena was not provided to the Office because of
classification restrictions on that data or for any other
reason.
``(m) Task Force Termination.--Not later than the date on which the
Secretary of Defense establishes the Office under subsection (a), the
Secretary shall terminate the Unidentified Aerial Phenomena Task Force.
``(n) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means the following:
``(A) The Committees on Armed Services of the Senate
and the House of Representatives.
``(B) The Committees on Appropriations of the Senate
and the House of Representatives.
``(C) The Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House
of Representatives.
[[Page 136 STAT. 3593]]
``(D) The Select Committee on Intelligence of the
Senate and the Permanent Select Committee on
Intelligence of the House of Representatives.
``(E) The Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives.
``(F) The Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Science, Space, and Technology of the House of
Representatives.
``(2) Congressional defense committees.--The term
`congressional defense committees' has the meaning given such
term in section 101(a) of title 10, United States Code.
``(3) Congressional intelligence committees.--The term
`congressional intelligence committees' has the meaning given
such term in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).
``(4) Congressional leadership.--The term `congressional
leadership' means--
``(A) the majority leader of the Senate;
``(B) the minority leader of the Senate;
``(C) the Speaker of the House of Representatives;
and
``(D) the minority leader of the House of
Representatives.
``(5) Intelligence community.--The term `intelligence
community' has the meaning given such term in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
``(6) Line organization.--The term `line organization'
means, with respect to a department or agency of the Federal
Government, an organization that executes programs and
activities to directly advance the core functions and missions
of the department or agency to which the organization is
subordinate, but, with respect to the Department of Defense,
does not include a component of the Office of the Secretary of
Defense.
``(7) Transmedium objects or devices.--The term `transmedium
objects or devices' means objects or devices that are--
``(A) observed to transition between space and the
atmosphere, or between the atmosphere and bodies of
water; and
``(B) not immediately identifiable.
``(8) Unidentified anomalous phenomena.--The term
`unidentified anomalous phenomena' means--
``(A) airborne objects that are not immediately
identifiable;
``(B) transmedium objects or devices; and
``(C) submerged objects or devices that are not
immediately identifiable and that display behavior or
performance characteristics suggesting that the objects
or devices may be related to the objects described in
subparagraph (A).''.
(b) Clerical Amendment.--The table of contents in section 2(b) of
such Act is amended by striking the item relating to section 1683 of
division A and inserting the following new item:
``Sec. 1683. Establishment of All-domain Anomaly Resolution Office.''.
[[Page 136 STAT. 3594]]
SEC. 6803. <<NOTE: 50 USC 3373 note.>> COMPTROLLER GENERAL OF THE
UNITED STATES AUDITS AND BRIEFINGS ON
UNIDENTIFIED ANOMALOUS PHENOMENA
HISTORICAL RECORD REPORT.
(a) Definitions.--In this section, the terms ``congressional
leadership'' and ``Office'' have the meanings given such terms in
section 1683 of the National Defense Authorization Act for Fiscal Year
2022 (50 U.S.C. 3373), as amended by section 6802.
(b) Audit.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Comptroller General of the United
States shall identify appropriately cleared personnel of the
Government Accountability Office to audit the historical record
report process described in section 1683 of the National Defense
Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373), as
amended by section 6802, including personnel to conduct work on-
site as appropriate.
(2) <<NOTE: Time period.>> Provision of information.--On a
quarterly basis, and as appropriate and consistent with
Government Auditing Standards, the Comptroller General of the
United States shall provide the Office with information on the
findings of any audits conducted by the personnel identified
under paragraph (1).
(c) Verbal Briefings.--Not later than 180 days after the date of the
enactment of this Act, and semiannually thereafter, the Comptroller
General of the United States shall verbally brief the congressional
intelligence committees, the congressional defense committees, and
congressional leadership on the progress of the Office with respect to
the historical record report described in section 1683 of the National
Defense Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373), as
amended by section 6802, and compliance with legislative requirements.
(d) Rule of Construction.--Nothing in this section shall be
construed to restrict access of a committee of Congress under section
719(f) of title 31, United States Code, to an audit under subsection
(b).
SEC. 6804. REPORT ON PRECURSOR CHEMICALS USED IN THE PRODUCTION OF
SYNTHETIC OPIOIDS.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on the Judiciary, the Committee on
Homeland Security and Governmental Affairs, the Committee on
Foreign Relations, the Committee on Commerce, Science, and
Transportation, and the Committee on Appropriations of the
Senate; and
(3) the Committee on the Judiciary, the Committee on
Homeland Security, the Committee on Foreign Affairs, the
Committee on Energy and Commerce, and the Committee on
Appropriations of the House of Representatives.
(b) In General.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the appropriate committees of Congress a report on licit
precursor chemicals originating abroad, including in the People's
Republic of China and any other country the Director
[[Page 136 STAT. 3595]]
considers appropriate, that are bound for use in the illicit production
of synthetic opioids intended for distribution in the United States.
(c) Form of Report.--The report submitted under subsection (b) shall
be submitted in unclassified form, but may include a classified annex
produced consistent with the protection of sources and methods.
SEC. 6805. ASSESSMENT AND REPORT ON MASS MIGRATION IN THE WESTERN
HEMISPHERE.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations, the Committee on the
Judiciary, the Committee on Homeland Security and Governmental
Affairs, and the Committee on Appropriations of the Senate; and
(3) the Committee on Foreign Affairs, the Committee on the
Judiciary, the Committee on Homeland Security, and the Committee
on Appropriations of the House of Representatives.
(b) In General.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence shall
assess, and submit to the appropriate committees of Congress a report
on--
(1) the threats to the interests of the United States
created or enhanced by, or associated with, the mass migration
of people within the Western Hemisphere, particularly to the
southern border of the United States; and
(2) the use of or the threat of using mass migration in the
Western Hemisphere by the regimes of Daniel Ortega in Nicaragua,
Nicolas Maduro in Venezuela, and the regime of Miguel Diaz-Canel
and Raul Castro in Cuba--
(A) to effectively curate populations so that people
who remain in those countries are powerless to
meaningfully dissent; and
(B) to enable the increase of remittances from
migrants residing in the United States as a result of
the mass migration to help finance the regimes in
Nicaragua, Venezuela, and Cuba.
(c) Form of Report.--The report submitted under subsection (b) shall
be submitted in unclassified form, but may include a classified annex.
SEC. 6806. REPORT ON INTERNATIONAL NORMS, RULES, AND PRINCIPLES
APPLICABLE IN SPACE.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the congressional defense committees;
(3) the Committee on Foreign Relations and the Committee on
Commerce, Science, and Transportation of the Senate; and
(4) the Committee on Foreign Affairs, the Committee on
Science, Space, and Technology, and the Committee on Energy and
Commerce of the House of Representatives.
(b) In General.--Not later than 90 days after the date of the
enactment of this Act, the Chair of the National Space Council,
[[Page 136 STAT. 3596]]
in consultation with the Director of National Intelligence, the
Secretary of State, the Secretary of Defense, the Secretary of Commerce,
the Administrator of the National Aeronautics and Space Administration,
and the heads of any other agencies as the Chair considers necessary,
shall submit to the appropriate committees of Congress a report on
voluntary, non-legally binding responsible international norms, rules,
and principles applicable in space.
(c) Elements.--The report submitted under subsection (b) shall--
(1) identify threats to the interests of the United States
in space that may be mitigated by voluntary, non-legally binding
responsible international norms, rules, and principles;
(2) identify opportunities for the United States to
influence voluntary, non-legally binding responsible
international norms, rules, and principles applicable in space,
including through bilateral and multilateral engagement;
(3) <<NOTE: Assessment.>> assess the willingness of space
faring foreign nations to adhere to voluntary, non-legally-
binding responsible international norms, rules, or principles
applicable in space;
(4) <<NOTE: List. Time period.>> include a list and
description of known or suspected adversary offensive weapon
systems that could be used to degrade or destroy satellites in
orbit during the previous five years;
(5) <<NOTE: List. Time period.>> include a list and
description of known or suspected adversary offensive weapon
systems in development that could be used to degrade or destroy
satellites that are anticipated to be put operational during the
course of the next five years; and
(6) <<NOTE: Analysis.>> include an analysis of the extent
to which adversary space faring foreign nations use civilian and
commercial space assets, and civilian and commercial space
relationship, to advance military and intelligence programs and
activities.
(d) Input From Commercial Space Sector.--In identifying threats
under subsection (c)(1), the Chair of the National Space Council shall
obtain input from the commercial space sector.
(e) Form.--The report submitted under subsection (b) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 6807. ASSESSMENTS OF THE EFFECTS OF SANCTIONS IMPOSED WITH
RESPECT TO THE RUSSIAN FEDERATION'S
INVASION OF UKRAINE.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, the Committee on Armed
Services, and the Committee on Appropriations of the Senate; and
(3) the Committee on Foreign Affairs, the Committee on
Financial Services, the Committee on Armed Services, the
Committee on Ways and Means, and the Committee on Appropriations
of the House of Representatives.
(b) <<NOTE: Deadline. Time period.>> In General.--Not later than
180 days after the date of the enactment of this Act, and every 180 days
thereafter for 2 years, the Director of National Intelligence shall, in
coordination
[[Page 136 STAT. 3597]]
with the Secretary of State, the Secretary of the Treasury, and the
heads of such other government agencies as the Director considers
appropriate, submit to the appropriate committees of Congress an
assessment of the cumulative and material effects of the sanctions
imposed by the United States, European countries, and the international
community with respect to the Russian Federation in response to the
February 24, 2022, full-scale invasion of Ukraine and subsequent actions
by the Russian Federation.
(c) Elements.--Each assessment submitted under subsection (b) shall
include the following:
(1) <<NOTE: Country listing.>> A description of efforts by
the Russian Federation to evade or circumvent sanctions imposed
by the United States, European countries, or the international
community through direct or indirect engagement or direct or
indirect assistance from--
(A) the regimes in Cuba and Nicaragua and the regime
of Nicolas Maduro in Venezuela;
(B) the People's Republic of China;
(C) the Islamic Republic of Iran; and
(D) any other country the Director considers
appropriate.
(2) An assessment of the cumulative effect of the efforts
described in paragraph (1), including on the Russian
Federation's strategic relationship with the regimes and
countries described in such paragraph.
(3) A description of the material effect of the sanctions
described in subsection (b), including the effect of those
sanctions on individual sectors of the economy of Russia, senior
leadership, senior military officers, state-sponsored actors,
and other state-affiliated actors in the Russian Federation that
are either directly or incidentally subject to such sanctions.
Such description shall include a discussion of those sanctions
that had significant effects, as well as those that had no
observed effects.
(4) Methodologies for assessing the effects of different
categories of financial and economic sanctions on the targets of
such action, including with respect to specific industries,
entities, individuals, and transactions.
(5) A description of evasion techniques, including the use
of digital assets, used by the Government of Russia, entities
and persons covered by the sanctions, and by other governments,
entities, and persons who have assisted in the use of such
techniques, in response to the sanctions.
(6) A description of any developments by other countries in
creating alternative payment systems as a result of the invasion
of Ukraine.
(7) An assessment of how countries have assessed the risk of
holding reserves in United States dollars since the February 24,
2022, invasion of Ukraine.
(8) If sufficient collection allows, an assessment of the
impact of any general licenses issued in relation to the
sanctions described in subsection (b), including--
(A) the extent to which authorizations for internet-
based communications have enabled continued monetization
by Russian influence actors, while not silencing human-
right activists and independent media; and
[[Page 136 STAT. 3598]]
(B) the extent to which licenses authorizing energy-
related transactions have affected the Russian
Federation's ability to earn hard currency.
(d) Form of Assessments.--Each assessment submitted under subsection
(b) shall be submitted in unclassified form and include a classified
annex.
SEC. 6808. ASSESSMENT OF IMPACT OF RUSSIA'S INVASION OF UKRAINE ON
FOOD SECURITY.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate; and
(3) the Committee on Foreign Affairs, the Committee on Armed
Services, and the Committee on Appropriations of the House of
Representatives.
(b) Assessment.--
(1) <<NOTE: Deadline.>> In general.--Not later than 120
days after the date of the enactment of this Act, the Director
of National Intelligence shall, in coordination with the
Assistant Secretary of State for Intelligence and Research and
such other heads of elements of the intelligence community as
the Director determines appropriate, submit to the appropriate
committees of Congress an assessment of the current and
potential impact of the invasion by Russia of Ukraine on global
food security.
(2) Elements.--The assessment under paragraph (1) shall
include the following:
(A) An assessment of the current and potential
impact of the invasion by Russia of Ukraine on food
security, disaggregated by region.
(B) <<NOTE: Analysis.>> An analysis of the
potential for political instability and security crises
to occur as a result of such food insecurity,
disaggregated by region.
(C) A description of the factors that could reduce
or increase the effects of such food insecurity on
political stability and security, disaggregated by
region.
(D) An assessment of the efforts of Russia to steal
grain from illegally occupied territories in Ukraine and
a list of customers who have purchased such stolen
grain.
(E) An assessment of whether Russia has taken
intentional steps to cause a global food shortage.
(3) Form.--The assessment under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(c) <<NOTE: Deadline.>> Briefing.--Not later than 30 days after the
date on which the assessment prepared under subsection (b)(1) is
completed, the Director of National Intelligence shall brief the
appropriate committees of Congress on the findings of the Director with
respect to the assessment.
[[Page 136 STAT. 3599]]
SEC. 6809. PILOT PROGRAM FOR DIRECTOR OF FEDERAL BUREAU OF
INVESTIGATION TO UNDERTAKE AN EFFORT TO
IDENTIFY INTERNATIONAL MOBILE SUBSCRIBER
IDENTITY-CATCHERS.
Section 5725 of the Damon Paul Nelson and Matthew Young Pollard
Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 (50
U.S.C. 3024 note; Public Law 116-92) is amended--
(1) in subsection (a), in the matter before paragraph (1)--
(A) by striking ``The Director of National
Intelligence and the Director of the Federal Bureau of
Investigation'' and inserting ``The Director of the
Federal Bureau of Investigation'';
(B) by inserting ``the Director of National
Intelligence,'' before ``the Under Secretary''; and
(C) by striking ``Directors determine'' and
inserting ``Director of the Federal Bureau of
Investigation determines'';
(2) by redesignating subsections (b) and (c) as subsections
(d) and (e), respectively;
(3) by inserting after subsection (a) the following:
``(b) Pilot Program.--
``(1) In general.--The Director of the Federal Bureau of
Investigation, in collaboration with the Director of National
Intelligence, the Under Secretary of Homeland Security for
Intelligence and Analysis, and the heads of such other Federal,
State, or local agencies as the Director of the Federal Bureau
of Investigation determines appropriate, and in accordance with
applicable law and policy, shall conduct a pilot program
designed to implement subsection (a)(1)(A) with respect to the
National Capital Region.
``(2) Commencement; completion.--The Director of the Federal
Bureau of Investigation shall--
``(A) commence carrying out the pilot program
required by paragraph (1) not later than 180 days after
the date of the enactment of the Intelligence
Authorization Act for Fiscal Year 2023; and
``(B) complete the pilot program not later than 2
years after the date on which the Director commences
carrying out the pilot program under subparagraph (A).
``(c) Notifications Required.--The Director of the Federal Bureau of
Investigation shall notify the majority leader of the Senate, the
minority leader of the Senate, the Speaker of the House of
Representatives, the minority leader of the House of Representatives,
and the Capitol Police Board of--
``(1) the placement of sensors designed to identify
International Mobile Subscriber Identity-catchers capable of
conducting surveillance against the United States Capitol or
associated buildings and facilities; and
``(2) the discovery of any International Mobile Subscriber
Identity-catchers capable of conducting surveillance against the
United States Capitol or associated buildings and facilities and
any countermeasures against such International Mobile Subscriber
Identity-catchers.''; and
(4) in subsection (d), as redesignated by paragraph (2)--
(A) in the matter before paragraph (1), by striking
``Prior'' and all that follows through ``Investigation''
and inserting ``Not later than 180 days after the date
on which
[[Page 136 STAT. 3600]]
the Director of the Federal Bureau of Investigation
determines that the pilot program required by subsection
(b)(1) is operational, the Director'';
(B) in paragraph (1), by striking ``within the
United States''; and
(C) in paragraph (2), by striking ``by the
intelligence community'' and inserting ``deployed by the
Federal Bureau of Investigation''.
SEC. 6810. DEPARTMENT OF STATE BUREAU OF INTELLIGENCE AND RESEARCH
ASSESSMENT OF ANOMALOUS HEALTH
INCIDENTS.
(a) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(3) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
(b) <<NOTE: Deadline.>> Assessment Required.--Not later than 90
days after the date of the enactment of this Act, the Assistant
Secretary of State for Intelligence and Research shall submit to the
appropriate committees of Congress an assessment of the findings
relating to the events that have been collectively labeled as
``anomalous health incidents''.
(c) Contents.--The assessment submitted under subsection (b) shall
include the following:
(1) Any diplomatic reporting or other relevant information
on the causation of anomalous health incidents.
(2) Any diplomatic reporting or other relevant information
on any person or entity who may be responsible for such
incidents.
(3) <<NOTE: Plans.>> Detailed plans, including metrics,
timelines, and measurable goals, for the Bureau of Intelligence
and Research to understand anomalous health incidents and share
findings with other elements of the intelligence community.
SEC. 6811. REPEAL AND MODIFICATION OF CERTAIN REPORTING AND
BRIEFING REQUIREMENTS.
(a) Reports on Security Services of the People's Republic of China
in the Hong Kong Special Administrative Region.--Section 1107A of the
National Security Act of 1947 (50 U.S.C. 3237a) is repealed.
(b) Annual Update to Report on Foreign Weaponization of Deepfakes
and Deepfake Technology.--Section 5709 of the National Defense
Authorization Act for Fiscal Year 2020 (50 U.S.C. 3369a) is amended--
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as subsection (d).
(c) Information Sharing Performance Management Reports.--
(1) In general.--Section 1016 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 485) is amended--
(A) by striking subsection (h); and
[[Page 136 STAT. 3601]]
(B) by redesignating subsections (i) through (l) as
subsections (h) through (k), respectively.
(2) Conforming amendment.--Section 210(b) of the Homeland
Security Act of 2002 (6 U.S.C. 124g(b)) is amended by striking
``section 1016(i) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 485(i))'' and inserting
``section 1016(h) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 485(h))''.
(d) Periodic Reports on Activities of Privacy Officers and Civil
Liberties Officers.--Section 1062(f)(1) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee-1(f)(1)) is amended,
in the matter preceding subparagraph (A), by striking ``semiannually''
and inserting ``annually''.
(e) Briefing on Hizballah's Assets and Activities Related to
Fundraising, Financing, and Money Laundering World-wide.--Section 204(b)
of the Hizballah International Financing Prevention Act of 2015 (Public
Law 114-102; 129 Stat. <<NOTE: 50 USC 1701 note.>> 2212) is amended by
striking ``every 180 days'' and inserting ``annually''.
(f) Inspectors General Reports on Classification.--Section 6721(a)
of the National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92; 133 Stat. 2231) is amended by striking ``per year in each of
the three'' and inserting ``every two years in each of the six''.
(g) Report on Efforts of State Sponsors of Terrorism, Other Foreign
Countries, or Entities to Illicitly Acquire Satellites and Related
Items.--Section 1261(e)(1) of the National Defense Authorization Act for
Fiscal Year 2013 (Public Law 112-239; 126 Stat. 2019) <<NOTE: 22 USC
2778 note.>> is amended by striking ``annually'' and inserting ``once
every two years''.
(h) Reports and Briefings on Director of National Intelligence
Program on Use of Intelligence Resources in Efforts to Sanction Foreign
Opioid Traffickers.--Section 7231(c) of the National Defense
Authorization Act for Fiscal Year 2020 (21 U.S.C. 2331(c)) is amended--
(1) in the subsection heading, by inserting ``and
Briefings'' after ``Reports''; and
(2) in paragraph (1)--
(A) by striking ``(1) Quarterly reports on
program.--Not later than'' and inserting the following:
``(1) Reports and briefings on program.--
``(A) Annual reports.--Not later than'';
(B) in subparagraph (A), as designated by
subparagraph (A) of this paragraph--
(i) by striking ``every 90 days'' and
inserting ``annually'';
(ii) by striking ``90-day period'' and
inserting ``year''; and
(iii) by striking ``under this paragraph'' and
inserting ``under this subparagraph''; and
(C) by adding at the end the following:
``(B) Semiannual briefings.--On a semiannual basis,
the Director of National Intelligence and the Director
of the Office of National Drug Control Policy shall
jointly brief the appropriate congressional committees
and leadership on the status and accomplishments of the
program required by subsection (a).''.
[[Page 136 STAT. 3602]]
SEC. 6812. <<NOTE: 50 USC 3334p.>> INCREASED INTELLIGENCE-RELATED
ENGINEERING, RESEARCH, AND DEVELOPMENT
CAPABILITIES OF MINORITY INSTITUTIONS.
(a) Plan.--
(1) Requirement.--The Director of National Intelligence
shall develop a plan to promote intelligence-related
engineering, research, and development activities at covered
institutions for the purpose of contributing toward the research
necessary to achieve the intelligence advantage of the United
States.
(2) <<NOTE: Assessments.>> Elements.--The plan under
paragraph (1) shall include the following:
(A) An assessment of opportunities to support
engineering, research, and development at covered
institutions in computer sciences, including artificial
intelligence, quantum computing, and machine learning,
and synthetic biology and an assessment of opportunities
to support the associated workforce and physical
research infrastructure of such institutions.
(B) An assessment of opportunities to enhance the
ability of covered institutions--
(i) to participate in intelligence-related
engineering, research, and development activities;
and
(ii) to effectively compete for intelligence-
related engineering, research and development
contracts in support of the most urgent research
requirements of the intelligence community.
(C) An assessment of the activities and investments
the Director determines necessary--
(i) to expand opportunities for covered
institutions to partner with other research
organizations and educational institutions that
the intelligence community frequently partners
with to conduct research; and
(ii) to increase participation of covered
institutions in intelligence-related engineering,
research, and development activities.
(D) <<NOTE: Recommenda- tions.>> Recommendations
identifying actions that may be taken by the Director,
Congress, covered institutions, and other organizations
to increase participation of such institutions in
intelligence-related engineering, research, and
development activities and contracts.
(E) Specific goals, incentives, and metrics to
increase and measure the capacity of covered
institutions to address the engineering, research, and
development needs of the intelligence community.
(3) Consultation.--In developing the plan under paragraph
(1), the Director shall consult with covered institutions and
other departments or agencies of the United States Government or
private sector organizations that the Director determines
appropriate.
(4) <<NOTE: Public information. Web posting.>> Report.--Not
later than 1 year after the date of the enactment of this Act,
the Director shall submit to the congressional intelligence
committees, the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on Defense of
the Committee on Appropriations of the House of Representatives,
and make publicly available on the internet website of the
Director, a report containing the plan under paragraph (1).
[[Page 136 STAT. 3603]]
(b) Activities to Support Research and Engineering Capacity.--
Subject to the availability of appropriations for such purpose, the
Director may establish a program to award contracts, grants, or other
agreements, on a competitive basis, and to perform other appropriate
activities, for any of the following purposes:
(1) Developing the capability, including the workforce and
the research infrastructure, for covered institutions to more
effectively compete for intelligence-related engineering,
research, and development activities and contracts.
(2) Any other purposes the Director determines appropriate
to enhance the capabilities of covered institutions to carry out
intelligence-related engineering, research, and development
activities and contracts.
(c) Increased Partnerships Between IARPA and Covered Institutions.--
The Director shall establish goals and incentives to encourage the
Intelligence Advanced Research Projects Activity to--
(1) partner with covered institutions to advance the
research and development needs of the intelligence community
through partnerships and collaborations with the Intelligence
Advanced Research Projects Activity; and
(2) if the Director determines appropriate, foster the
establishment of similar relationships between such institutions
and other organizations that have partnerships with the
Intelligence Advanced Research Projects Activity.
(d) Covered Institution Defined.--In this section, the term
``covered institution'' means the following:
(1) A part B institution (as defined in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061)).
(2) <<NOTE: Determination.>> An institution of higher
education (as defined in section 101 of the Higher Education Act
of 1965(20 U.S.C. 1001)) not covered by paragraph (1) at which
not less than 50 percent of the total student enrollment
consists of students from ethnic groups that are
underrepresented in the fields of science and engineering, as
determined by the Director of National Intelligence.
SEC. 6813. REPORTS ON PERSONNEL VETTING PROCESSES AND PROGRESS
UNDER TRUSTED WORKFORCE 2.0 INITIATIVE.
(a) Definitions.--In this section:
(1) Authorized adjudicative agency; authorized investigative
agency; personnel security investigation; periodic
reinvestigation.--The terms ``authorized adjudicative agency'',
``authorized investigative agency'', ``personnel security
investigation'', and ``periodic reinvestigation'' have the
meanings given those terms in section 3001(a) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50
U.S.C. 3341(a)).
(2) Continuous vetting; council; security executive agent.--
The terms ``continuous vetting'', ``Council'', and ``Security
Executive Agent'' have the meanings given those terms in section
6601 of the Damon Paul Nelson and Matthew Young Pollard
Intelligence Authorization Act for Fiscal Years 2018, 2019, and
2020 (50 U.S.C. 3352).
(b) <<NOTE: Time period.>> Reports.--Not later than September 30,
2023, and annually thereafter until September 30, 2027, the Security
Executive Agent, in coordination with the Chair and other Principals of
the Council,
[[Page 136 STAT. 3604]]
shall submit to Congress a report on the personnel vetting processes of
the United States Government.
(c) <<NOTE: Analyses.>> Elements.--Each report under subsection (b)
shall include, with respect to the preceding fiscal year, the following:
(1) An analysis of the timeliness, costs, and other related
information for the initiations, investigations (including
initial investigations and any required periodic
reinvestigations), and adjudications for personnel vetting
purposes. Such analysis shall include the following:
(A) The average periods of time taken (from the date
of an agency's receipt of a completed security clearance
application to the date of the ultimate disposition and
notification to the subject and the employer of the
subject) by each authorized investigative agency and
authorized adjudicative agency, to the greatest extent
practicable, to initiate investigations, conduct
investigations, and adjudicate security clearances, as
compared with established timeliness objectives.
(B) The number of initial investigations and
periodic reinvestigations initiated and adjudicated by
each authorized investigative agency and authorized
adjudicative agency, to the extent practicable.
(C) The number of initial investigations and
periodic reinvestigations carried over to the fiscal
year covered by the report from a prior fiscal year by
each authorized investigative agency and authorized
adjudicative agency, to the greatest extent practicable.
(D) The number of initial investigations and
periodic reinvestigations that resulted in a denial or
revocation of a security clearance by each authorized
adjudicative agency.
(E) The costs to the executive branch relating to
personnel security clearance initiations,
investigations, adjudications, revocations, and
continuous vetting with respect to such clearances.
(F) A discussion of any impediments, including with
respect to resources, personnel, or authorities, to the
timely processing of personnel security clearances.
(G) The number of individuals who hold a personnel
security clearance and are enrolled in a program of
continuous vetting with respect to such clearance, and
the numbers and types of adverse actions taken by each
authorized adjudicative agency as a result of such
continuous vetting.
(H) The number of personnel security clearances
awaiting or under investigation (including initial
investigation and periodic reinvestigation) by the
Director of the Defense Counterintelligence and Security
Agency and each authorized investigative agency.
(I) Such other information as the Security Executive
Agent may determine appropriate, including any
recommendations to improve the effectiveness,
timeliness, and efficiency of personnel security
clearance initiations, investigations, and
adjudications.
(2) <<NOTE: Lists.>> An analysis of the status of the
implementation of the Trusted Workforce 2.0 initiative sponsored
by the Council, including the following:
[[Page 136 STAT. 3605]]
(A) A list of the policies issued by the Council for
the Trusted Workforce 2.0 initiative, and a list of
expected issuance dates for planned policies of the
Council for such initiative.
(B) A list of the departments and agencies of the
executive branch that have identified a senior
implementation official to be accountable for the
implementation of the Trusted Workforce 2.0 initiative,
in accordance with the memorandum on transforming
Federal personnel vetting issued by the Assistant to the
President for National Security Affairs on December 14,
2021, including an identification of the position of
such senior implementation official within the
respective department or agency.
(C) A list of the departments and agencies of the
executive branch that have submitted implementation
plans, and subsequent progress reports, with respect to
the Trusted Workforce 2.0 initiative, as required by the
memorandum specified in subparagraph (B).
(D) <<NOTE: Summary.>> A summary of the progress
that the departments and agencies of the executive
branch have made implementing the Trusted Workforce 2.0
initiative.
(3) An analysis of the transfers between, and reciprocal
recognition among, the heads of the departments and agencies of
the executive branch of security clearance background
investigations and determinations and other investigations and
determinations relating to personnel vetting (including with
respect to trust, suitability, fitness, credentialing, and
access). Such analysis shall include, with respect to such
investigations and determinations, the following:
(A) The number of employees for whom a prior such
investigation or determination was recognized and
accepted by the head of a department or agency without
the head requiring additional investigative or
adjudicative steps, disaggregated by department or
agency, to the greatest extent practicable.
(B) The number of employees for whom a prior such
investigation or determination was not recognized or
accepted by the head of a department or agency without
the head requiring additional investigative or
adjudicative steps, disaggregated by department or
agency, to the greatest extent practicable.
(C) The reasons most frequently cited by such heads
for the failure to recognize or accept a prior such
investigation or determination, disaggregated by
department or agency.
(D) The average number of days for the head of a
department or agency to recognize and accept a prior
such investigation or determination (from the date the
head initiates the process to consider the prior
investigation or determination for recognition and
acceptance, to the date the head makes a final
determination on such recognition and acceptance),
disaggregated by agency, to the greatest extent
practicable.
(4) A discussion of any impediments, constraints, and
opportunities relating to--
(A) the timeliness of the personnel security
clearance process across the United States Government;
[[Page 136 STAT. 3606]]
(B) the implementation of the Trusted Workforce 2.0
initiative;
(C) the transfer and reciprocal recognition of
determinations relating to personnel vetting between and
among departments and agencies; and
(D) the completeness and provision of data from
elements of the intelligence community, pursuant to
paragraphs (1), (2), and (3) of this subsection.
SEC. 6814. REPORTS RELATING TO PROGRAMS OF RECORD OF NATIONAL
GEOSPATIAL-INTELLIGENCE AGENCY.
(a) Findings.--Congress finds the following:
(1) The comprehensive identification of National Geospatial-
Intelligence Agency programs and activities, to include
significant, enduring programs determined by the Agency to be
``programs of record'', is a critical element for enabling
budget auditability and oversight by the Office of the Director
of National Intelligence, the Office of Management and Budget,
and the congressional intelligence committees.
(2) In order to improve how the National Geospatial-
Intelligence Agency justifies and oversees resources in support
of core missions and authorities, the Agency has committed to
establish a deliberate acquisition structure, modeled after
Department of Defense best practices, with programs and
activities aligned under a Program Executive Office structure.
(3) Establishing an effective Program Executive Office
structure at the National Geospatial-intelligence Agency will
ensure clearly articulated acquisition efforts that have defined
requirements and program scope with traceability from
capabilities to deliverables to Programs of Record to budget
materials.
(b) Reports Required.--
(1) Reports to congressional intelligence committees and
defense subcommittees of congressional appropriations
committees.--Not later than February 1, 2023, the Director of
the National Geospatial-Intelligence Agency, consistent with the
protection of intelligence sources and methods, shall submit to
the congressional intelligence committees, the Subcommittee on
Defense of the Committee on Appropriations of the Senate, and
the Subcommittee on Defense of the Committee on Appropriations
of the House of Representatives reports on the programs and
activities of the Agency. Such reports shall include, at a
minimum, the following:
(A) An identification of any definition for the term
``program of record'' used by the Agency during the
period beginning October 1, 2017, and ending on the date
of the submission of the report.
(B) A detailed description of each current program
and activity of the Agency, including each current
program of record of the Agency.
(C) A detailed explanation of how funding and other
information relating to each such program of record or
other program or activity may be located within the
budget justification materials submitted to Congress.
(D) <<NOTE: Review.>> An in-process review of the
program element office planning and implementation
efforts.
[[Page 136 STAT. 3607]]
(E) Identification of limitations and additional
support required by the Agency to implement program
element offices and related changes to financial
management systems.
(2) Report to congressional intelligence and defense
committees.--
(A) Definition of appropriate congressional
committees.--In this section, the term ``appropriate
congressional committees'' means--
(i) the congressional intelligence committees;
and
(ii) the Committee on Armed Services and the
Subcommittee on Defense of the Committee on
Appropriations of the Senate; and
(iii) the Committee on Armed Services and
Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
(B) Report required.--Not later than February 1,
2023, the Director of the National Geospatial-
Intelligence Agency, consistent with the protection of
intelligence sources and methods, shall submit to the
appropriate congressional committees a report on the
programs and activities of the Agency that are funded in
full or in part under the Military Intelligence Program.
Such report shall include, at a minimum, the following:
(i) An identification of any definition for
the term ``program of record'' used by the Agency
during the period beginning October 1, 2017 and
ending on the date of the submission of the
report.
(ii) A detailed description of each current
program and activity of the Agency funded in full
or in part under the Military Intelligence
Program, including each current program of record
of the Agency funded in full or in part under the
Military Intelligence Program.
(iii) A detailed explanation of how funding
and other information relating to each such
program of record or other program or activity
funded in full or in part under the Military
Intelligence Program may be located within the
budget justification materials submitted to
Congress.
(3) Form.--Each report under this subsection may be
submitted in classified form.
SEC. 6815. PLAN REGARDING SOCIAL MEDIA DATA AND THREAT ANALYSIS
CENTER.
(a) Definition of Appropriate Congressional Committees.--In this
section, the term ``appropriate congressional committees'' has the
meaning given that term in section 5323(h) of the Damon Paul Nelson and
Matthew Young Pollard Intelligence Authorization Act for Fiscal Years
2018, 2019, and 2020 (50 U.S.C. 3369(h)).
(b) <<NOTE: Deadline.>> Plan.--Not later than 90 days after the
date of the enactment of this Act, the Director of National Intelligence
shall submit to the appropriate congressional committees a plan to
operationalize the Social Media Data and Threat Analysis Center in
accordance with section 5323 of the Damon Paul Nelson and Matthew Young
[[Page 136 STAT. 3608]]
Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and
2020 (50 U.S.C. 3369).
(c) Elements.--The plan under subsection (b) shall include a
description of how the Social Media Data and Threat Analysis Center
shall--
(1) <<NOTE: Coordination. Determinations.>> coordinate with
social media companies, independent organizations and
researchers, and other public-facing internet-based platforms to
determine--
(A) what categories of data and metadata are useful
indicators of internet-based foreign malign influence
activities; and
(B) how such data and metadata may be shared
effectively with the Center and with independent
organizations and researchers while protecting the
privacy and civil liberties of United States users of
social media platforms and other public-facing internet-
based platforms; and
(2) <<NOTE: Criteria.>> develop criteria under which social
media companies and other public-facing internet-based platforms
share indicators of internet-based foreign malign influence
activities with the Center and independent organizations and
researchers, including a description of--
(A) the timeliness and consistency of such sharing
of indicators;
(B) the categories of indicators to be shared; and
(C) the protection, in consultation with the head of
the Office of Civil Liberties, Privacy, and Transparency
as may be appropriate, of privacy, civil liberties, and
constitutionally protected activities of users of social
media platforms and other public-facing internet-based
platforms.
SEC. 6816. REPORT ON USE OF PUBLICLY AVAILABLE SOCIAL MEDIA
INFORMATION IN PERSONNEL VETTING
DETERMINATIONS.
(a) Definitions of Continuous Vetting, Council, and Security
Executive Agent.--In this section, the terms ``continuous vetting'',
``Council'', and ``Security Executive Agent'' have the meanings given
those terms in section 6601 of the Damon Paul Nelson and Matthew Young
Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and
2020 (50 U.S.C. 3352).
(b) Report.--Not later than 180 days after the date of the enactment
of this Act, the Director of National Intelligence, in coordination with
other heads of the elements of the intelligence community that the
Director determines appropriate, and in consultation with the other
principal members of the Council, shall submit to Congress a report
regarding the current and planned use of publicly available social media
information in the personnel vetting and security clearance processes.
(c) Elements.--The report under subsection (b) shall include the
following:
(1) A description of how departments and agencies of the
United States Government have implemented Security Executive
Agent Directive 5 titled ``Collection, Use, and Retention of
Publicly Available Social Media Information in Personnel
Security Background Investigations and Adjudications'', and
relevant agency implementing guidance, including Department of
Defense Instruction 1325.06 titled ``Handling Protest,
[[Page 136 STAT. 3609]]
Extremist, and Criminal Gang Activities among Members of the
Armed Forces''.
(2) A description of how the use of publicly available
social media in personnel vetting determinations and security
clearance investigations and adjudications is, or will be,
captured in the National Background Investigation Services
system and other information technology systems used in the
personnel vetting process.
(3) A description of how publicly available social media
information is used, and will be used, in continuous vetting and
security clearances processes and insider threat programs.
(4) A description of any privacy or civil liberties concerns
with the use of publicly available social media information in
personnel vetting or security clearance determinations,
including a discussion of the risks, benefits, and drawbacks of
allowing for the voluntary provision of, or voluntary access to,
nonpublicly available social media information in the regular
course of personnel vetting and security clearance processes.
(5) A discussion of the extent to which officials and
entities of the United States Government responsible for privacy
and civil liberties matters, including the Chief of the Office
of Civil Liberties, Privacy, and Transparency of the Office of
the Director of National Intelligence and the civil liberties
officers of departments and agencies of the United States
Government, are involved in the development and operation of
programs to use social media information in personnel vetting
and security clearance processes.
(6) A discussion of any impediments, constraints, risks, or
drawbacks relating to the use of publicly available social media
information in personnel vetting and security clearance
processes, including--
(A) challenges associated with implementation of
Security Executive Agent Directive 5, Department of
Defense Instruction 1325.06, and other relevant
guidance;
(B) the resources required, including with respect
to personnel, funding, and information systems, to
gather, assess, and make use of such information; and
(C) <<NOTE: Cost analysis.>> an analysis of the
costs and benefits of the use of publicly available
social media information.
(7) <<NOTE: Implementation plan.>> An implementation plan
for the future use of publicly available social media
information, based on relevant findings under paragraphs (1)
through (6).
SEC. 6817. REPORT ON STRENGTHENING WORKFORCE DIVERSITY PLANNING
AND OVERSIGHT.
(a) <<NOTE: Assessment.>> Report.--Not later than 180 days after
the date of the enactment of this Act, the Director of National
Intelligence, in coordination with the heads of the elements of the
intelligence community, shall submit to the congressional intelligence
committees, the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives a report
discussing steps to enhance the strategic planning for, measure the
progress of, and assess barriers to workforce diversity in the
intelligence community.
(b) Elements.--The report under subsection (a) shall include the
following:
[[Page 136 STAT. 3610]]
(1) A discussion of existing, updated, or new guidance
requiring all elements of the intelligence community to maintain
current and complete diversity strategic plans that contain
specific objectives, timeframes, and responsibilities.
(2) A discussion of progress made by individual elements
toward maintaining such plans.
(3) A discussion of existing, updated, or new guidance to
ensure individual elements develop performance measures to
assess the contribution of activities toward achieving diversity
goals and overall progress.
(4) A discussion of progress made by individual elements
toward developing measures to assess progress toward achieving
diversity management efforts.
(5) A discussion of existing, updated, or new guidance
ensuring that each element routinely identifies and takes steps
toward eliminating barriers to workforce diversity.
(6) A discussion of steps taken by the Director to ensure
that individual elements are routinely completing required
assessments to identify and eliminate barriers to diversity.
(7) A discussion of steps taken by the Director to establish
specific implementation objectives and timeframes for the
elements that support intelligence community-wide diversity
goals to ensure the elements are held accountable for making
progress.
SEC. 6818. REPORT ON TRANSITION OF NATIONAL RECONNAISSANCE OFFICE
TO DIGITAL ENGINEERING ENVIRONMENT.
(a) Findings.--Congress finds the following:
(1) Potential foreign adversaries are outpacing the United
States in the fielding of new generations of space systems that
dull the edge the United States has enjoyed in space.
(2) A digital engineering environment, also known as digital
systems engineering, reduces the time to field new space
systems.
(3) Digital engineering environment tools enable the rapid
iterations of requirements and architectures into digital system
depictions capable of use by private industry to further the
design and development of space systems.
(b) Sense of Congress.--It is the sense of Congress that, to
maintain a competitive advantage in space, the National Reconnaissance
Office should transition to a digital engineering environment by not
later than 3 years after the date of the enactment of this Act.
(c) Report.--
(1) Submission.--Not later than 180 days after the date of
the enactment of this Act, the Director of the National
Reconnaissance Office shall submit to the appropriate
congressional committees a report that contains the following:
(A) <<NOTE: Transition plan.>> A plan for the
transition of the National Reconnaissance Office to a
digital engineering environment.
(B) An identification of the date by which such
transition shall be completed.
(C) A description of the metrics the Director plans
to use to measure progress made with respect to such
transition and resulting efficiencies gained.
(D) A description of the initial pilot programs of
the National Reconnaissance Office relating to digital
[[Page 136 STAT. 3611]]
engineering and the plans to expand such pilot programs
in scale and scope with respect to acquisition carried
out under such pilot programs.
(E) A description of any training requirements or
certifications necessary to advance a digital
engineering environment within the National
Reconnaissance Office.
(F) A description of how the Director plans to
incorporate input and best practices from private
industry to facilitate and accelerate the transition of
the National Reconnaissance Office to a digital
engineering environment.
(2) Form.--The report under paragraph (1) shall be submitted
in unclassified form, but may include a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees; and
(2) the congressional defense committees (as defined in
section 101(a)(16) of title 10, United States Code).
SEC. 6819. <<NOTE: Deadline. 6 USC 125 note.>> BRIEFING ON
DEPARTMENT OF HOMELAND SECURITY
INTELLIGENCE ACTIVITIES.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the following:
(A) The congressional intelligence committees.
(B) The Committee on Homeland Security and
Governmental Affairs and the Committee on Appropriations
of the Senate.
(C) The Committee on Homeland Security and the
Committee on Appropriations of the House of
Representatives.
(2) Component of the department of homeland security.--The
term ``component of the Department of Homeland Security'' means
the following components of the Department of Homeland Security:
(A) The Cybersecurity and Infrastructure Security
Agency Threat Management Division.
(B) The Federal Emergency Management Agency
Protection and National Preparedness, Office of
Counterterrorism and Security Preparedness.
(C) The Transportation Security Administration
Office of Intelligence and Analysis.
(D) The United States Citizenship and Immigration
Services Fraud Detection and National Security
Directorate, Field Operations Directorate, and
Collateral Duty Intelligence.
(E) The United States Customs and Border Protection
Office of Intelligence.
(F) The United States Immigration and Customs
Enforcement Homeland Security Investigations, Office of
Intelligence, and Special Agent in Charge Intelligence
Program.
(3) Intelligence activity.--The term ``intelligence
activity'' shall be interpreted consistent with how such term is
used in section 502 of the National Security Act of 1947 (50
U.S.C. 3092).
[[Page 136 STAT. 3612]]
(b) Briefing on Intelligence Activities.--Consistent with section
501 of the National Security Act of 1947 (50 U.S.C. 3091), not later
than 30 days after the date of the enactment of this Act, the Chief
Intelligence Officer of the Department of Homeland Security shall
provide the appropriate congressional committees a briefing on the
intelligence activities of elements of the Department of Homeland
Security that are not elements of the intelligence community. Such
briefing shall include the following:
(1) <<NOTE: Time period.>> A comprehensive description of
all intelligence activities conducted during the period
beginning on January 1, 2018, and ending on the date of the
briefing, by any component of the Department of Homeland
Security that conducts intelligence activities.
(2) With respect to each such intelligence activity, a
description of the activity, including, at a minimum--
(A) the nature of the activity;
(B) the component undertaking the activity;
(C) the legal authority for such activity; and
(D) the source of funding for such activity.
(3) A description and the quantity of any types of finished
intelligence products, or intelligence information reports,
produced or contributed to by a component of the Department of
Homeland Security that conducts intelligence activities during
the period specified in paragraph (1).
(4) An identification of any external or internal
guidelines, policies, processes, practices, or programs
governing the collection, retention, analysis, or dissemination
by such a component of information regarding United States
citizens, lawful permanent residents of the United States, or
individuals located within the United States.
(c) Form.--The briefing under subsection (b) may be provided in
classified form.
(d) Additional Briefings.--Not later than 1 year after the date on
which the Chief Intelligence Officer provides the briefing under
subsection (b) and not less frequently than once each year thereafter,
the Chief Intelligence Officer shall provide the appropriate
congressional committees a briefing on any new intelligence activities
commenced by any component of the Department of Homeland Security and
any that have been terminated.
SEC. 6820. REPORT ON DECLASSIFICATION EFFORTS OF CENTRAL
INTELLIGENCE AGENCY.
Not later than 270 days after the date of the enactment of this Act,
the Inspector General of the Central Intelligence Agency shall submit to
the congressional intelligence committees, the Subcommittee on Defense
of the Committee on Appropriations of the Senate, and the Subcommittee
on Defense of the Committee on Appropriations of the House of
Representatives a report on the declassification efforts of the Central
Intelligence Agency. Such report shall include--
(1) an identification of the resources that are dedicated to
such efforts; and
(2) <<NOTE: Assessment.>> an assessment as to whether such
resources are sufficient.
[[Page 136 STAT. 3613]]
SEC. 6821. REPORT ON NATIONAL SPACE INTELLIGENCE CENTER.
(a) Report.--Not later than March 1, 2023, the Director of National
Intelligence, in coordination with the Chief of Space Operations, shall
submit to the appropriate congressional committees a report on the
National Space Intelligence Center.
(b) Matters Included.--The report under subsection (a) shall include
the following:
(1) A description of the status of the National Space
Intelligence Center since the activation of the Center and the
implications of the Center being aligned under a Field Command
rather than a field operating agency aligned to the Director of
Intelligence, Surveillance, and Reconnaissance of the Space
Force.
(2) <<NOTE: Review.>> A review of the ability of the Center
to address the full set of national space intelligence
analytical demands (including with respect to acquisition and
operational mission requirements of the Space Force, the
Department of Defense, the intelligence community, and other
national customers) while being assigned as a subordinate to
Space Operations Command, a Field Command, including--
(A) <<NOTE: Assessment.>> an assessment of the
ability of the Center to respond to the broadest space
intelligence requirements as compared to a service
specific need; and
(B) a review specifically addressing any perceived
mission misalignment, potential mitigating measures, or
other structural organization concerns.
(3) <<NOTE: Assessment.>> An assessment of--
(A) the current resourcing posture, including any
additional personnel required as a result of
subordination to a Field Command; and
(B) the resourcing posture if the Center were
aligned to the Director of Intelligence, Surveillance,
and Reconnaissance of the Space Force as described in
paragraph (1).
(4) Lessons learned since unit activation, including with
respect to--
(A) organizational efficiencies and inefficiencies;
(B) financial implications;
(C) organizational redundancy;
(D) parity mismatch and synergies with other service
intelligence centers; and
(E) lessons learned through comparisons to other
service intelligence centers organized as a field
operating agency and aligned under the senior
intelligence officer of the respective Armed Force.
(c) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
(d) Appropriate Congressional Committees.--In this section, the term
``appropriate congressional committees'' means the following:
(1) The congressional intelligence committees.
(2) The congressional defense committees (as defined in
section 101(a)(16) of title 10, United States Code).
[[Page 136 STAT. 3614]]
SEC. 6822. REPORT ON IMPLEMENTATION OF EXECUTIVE ORDER 13556,
REGARDING CONTROLLED UNCLASSIFIED
INFORMATION.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services and the Subcommittee on
Defense of the Committee on Appropriations of the Senate; and
(3) the Committee on Armed Services and the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives.
(b) Report.--Not later than 180 days after the date of the enactment
of this Act, the Director of National Intelligence and the Under
Secretary of Defense for Intelligence and Security, in coordination with
the heads of other elements of the intelligence community, shall submit
to the appropriate committees of Congress a report on the implementation
by the intelligence community of Executive Order 13556 (44 U.S.C. 3501
note; relating to controlled unclassified information).
(c) Sense of Congress.--It is the sense of Congress that the
National Security Council should accelerate the process of revising or
replacing Executive Order 13556.
SEC. 6823. <<NOTE: Virginia.>> NATIONAL MUSEUM OF INTELLIGENCE
AND SPECIAL OPERATIONS.
(a) Recognition.--The privately-funded museum to honor the
intelligence community and special operations forces that is planned to
be constructed in Ashburn, Virginia, may be recognized, upon completion,
as the ``National Museum of Intelligence and Special Operations''.
(b) Purposes.--The purpose of recognizing the National Museum of
Intelligence and Special Operations under subsection (a) are to--
(1) commemorate the members of the intelligence community
and special operations forces who have been critical to securing
the Nation against enemies of the United States for nearly a
century;
(2) preserve and support the historic role that the
intelligence community and special operations forces have
played, and continue to play, both in secrecy as well as openly,
to keep the United States and its values and way of life secure;
and
(3) foster a greater understanding of the intelligence
community and special operations forces to ensure a common
understanding, dispel myths, recognize those who are not
otherwise able to be publicly recognized, and increase science,
technology, engineering, and math education through museum
programs designed to promote more interest and greater diversity
in recruiting with respect to the intelligence and special
operations career field.
SEC. 6824. TECHNICAL CORRECTIONS.
(a) National Security Act of 1947.--The National Security Act of
1947 (50 U.S.C. 3001 et seq.), as amended by this Act, is further
amended as follows:
[[Page 136 STAT. 3615]]
(1) In section 105(a)(1) (50 U.S.C. 3038(a)(1)), by striking
``chairman'' and inserting ``Chairman''.
(2) In section 113B(b) (50 U.S.C. 3049a(b))--
(A) in paragraph (1)(A), by striking ``Under
Secretary of Defense for Intelligence'' and inserting
``Under Secretary of Defense for Intelligence and
Security''; and
(B) in paragraph (4), by striking ``section 226 of
the Homeland Security Act of 2002 (6 U.S.C. 147)'' and
inserting ``section 2208 of the Homeland Security Act of
2002 (6 U.S.C. 658)''.
(3) In section 118(a) (50 U.S.C. 3055(a)), by striking ``a
annual'' and inserting ``an annual''.
(4) In section 301(j) (50 U.S.C. 3071(j)), by striking ``and
includes'' and inserting ``and including''.
(5) In section 506G(c) (50 U.S.C. 3103(c)), by striking
``pursuant section'' and inserting ``pursuant to section''.
(6) In section 507(a)(1) (50 U.S.C. 3106(a)(1)), by striking
``Generals'' and inserting ``General''.
(7) In section 1024(g)(7)(A) (50 U.S.C. 3224(g)(7)(A)), by
striking ``places'' and inserting ``place''.
(8) In section 1104(b)(1)(B) (50 U.S.C. 3234(b)(1)(B)), by
striking the period at the end and inserting a semicolon.
(b) Damon Paul Nelson and Matthew Young Pollard Intelligence
Authorization Act for Fiscal Years 2018, 2019, and 2020.--The Damon Paul
Nelson and Matthew Young Pollard Intelligence Authorization Act for
Fiscal Years 2018, 2019, and 2020 (division E of Public Law 116-92) is
amended--
(1) in section 5704(b)(1) (50 U.S.C. 3334b(b)(1)), by
striking ``, and subject to paragraph (3)'';
(2) in section 6316 (50 U.S.C. 3334b note), by striking
``congressional committees'' and inserting ``congressional
intelligence committees''; and
(3) in section 6604 (50 U.S.C. 3352c), by striking
``subsections (b) and (c)'' both places it appears and inserting
``subsections (a) and (b)''.
(c) Intelligence Authorization Act for Fiscal Year 2012.--Section
309(a)(5) of the Intelligence Authorization Act for Fiscal Year 2012 (50
U.S.C. 3334e) is amended by striking ``section 3542(b)'' and inserting
``section 3552''.
(d) Public Interest Declassification Act of 2000.--The Public
Interest Declassification Act of 2000 (50 U.S.C. 3355 et seq.) is
amended--
(1) in section 703(a)(2) (50 U.S.C. 3355a(a)(2)), by
striking ``Executive Order 12958'' and inserting ``Executive
Order 13526'';
(2) in section 704(e)(3) (50 U.S.C. 3355b(e)(3)), by
striking the comma before ``shall'';
(3) in section 705(c) (50 U.S.C. 3355c(c)), by striking
``section 103(c)(6) of the National Security Act of 1947 (50
U.S.C. 403-3(c)(6))'' and inserting ``section 102A(i) of the
National Security Act of 1947 (50 U.S.C. 3024(i))''; and
(4) in section 706 (50 U.S.C. 3355d), by striking
``Executive Order No. 12958'' both places it appears and
inserting ``Executive Order 13526''.
[[Page 136 STAT. 3616]]
DIVISION G--HOMELAND SECURITY
TITLE LXXI--HOMELAND SECURITY MATTERS
Subtitle A--Strengthening Security in Our Communities
Sec. 7101. Enhancements to funding and administration of Nonprofit
Security Grant Program of the Department of Homeland
Security.
Sec. 7102. Preservation of homeland security capabilities.
Sec. 7103. School and daycare protection.
Sec. 7104. Cybersecurity grants for schools.
Sec. 7105. Transnational Criminal Investigative Unit Stipend.
Sec. 7106. Chemical Security Analysis Center.
Subtitle B--Strengthening DHS Management, Policymaking, and Operations
Sec. 7111. Joint Task Forces of the Department of Homeland Security.
Sec. 7112. Homeland Procurement Reform Act.
Sec. 7113. Daily public report of covered contract awards.
Sec. 7114. Preference for United States industry.
Sec. 7115. Department of Homeland Security mentor-protege program.
Sec. 7116. DHS economic security council.
Subtitle C--Enhancing Cybersecurity Training and Operations
Sec. 7121. President's Cup Cybersecurity Competition.
Sec. 7122. Industrial control systems cybersecurity training.
Sec. 7123. National Computer Forensics Institute reauthorization.
Sec. 7124. Report on cybersecurity roles and responsibilities of the
Department of Homeland Security.
Subtitle D--Enhancing Transportation and Border Security Operations
Sec. 7131. TSA reaching across nationalities, societies, and languages
to advance traveler education.
Sec. 7132. One-stop pilot program.
Sec. 7133. Report on efforts of the Department of Homeland Security to
deter vehicular terrorist attacks (Darren Drake).
Sec. 7134. DHS illicit cross-border tunnel defense.
Sec. 7135. Providing training for U.S. Customs and Border Protection
personnel on the use of containment devices to prevent
secondary exposure to fentanyl and other potentially lethal
substances.
Sec. 7136. Reports, evaluations, and research regarding drug
interdiction at and between ports of entry.
Subtitle E--Technical Corrections, Conforming Changes, and Improvements
Sec. 7141. Quadrennial homeland security review technical corrections.
Sec. 7142. Technical, conforming, and clerical amendments.
Sec. 7143. CISA technical corrections and improvements.
Subtitle A--Strengthening Security in Our Communities
SEC. 7101. ENHANCEMENTS TO FUNDING AND ADMINISTRATION OF NONPROFIT
SECURITY GRANT PROGRAM OF THE DEPARTMENT
OF HOMELAND SECURITY.
(a) In General.--Section 2009 of the Homeland Security Act of 2002
(6 U.S.C. 609a) is amended--
(1) in subsection (a), by inserting ``or other threats''
before the period at the end;
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``(a)''; and
(B) by amending paragraph (2) to read as follows:
[[Page 136 STAT. 3617]]
``(2) determined by the Secretary to be at risk of terrorist
attacks or other threats.'';
(3) in subsection (c)--
(A) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (E), respectively, and
moving such subparagraphs, as so redesignated, two ems
to the right;
(B) in the matter preceding subparagraph (A), as so
redesignated, by striking ``The recipient'' and
inserting the following:
``(1) In general.--The recipient'';
(C) in subparagraph (A), as so redesignated, by
striking ``equipment and inspection and screening
systems'' and inserting ``equipment, inspection and
screening systems, and alteration or remodeling of
existing buildings or physical facilities'';
(D) by inserting after subparagraph (B), as so
redesignated, the following new subparagraphs:
``(C) Facility security personnel costs.
``(D) Expenses directly related to the
administration of the grant, except that those expenses
may not exceed 5 percent of the amount of the grant.'';
and
(E) by adding at the end the following new
paragraphs:
``(2) Retention.--Each State through which a recipient
receives a grant under this section may retain not more than 5
percent of each grant for expenses directly related to the
administration of the grant.
``(3) Outreach and technical assistance.--
``(A) In general.--If the Administrator establishes
target allocations in determining award amounts under
the Program, a State may request a project to use a
portion of the target allocation for outreach and
technical assistance if the State does not receive
enough eligible applications from nonprofit
organizations located outside high-risk urban areas.
``(B) Priority.--Any outreach or technical
assistance described in subparagraph (A) should
prioritize underserved communities and nonprofit
organizations that are traditionally underrepresented in
the Program.
``(C) Parameters.--In determining grant guidelines
under subsection (g), the Administrator may determine
the parameters for outreach and technical assistance.'';
(4) in subsection (e)--
(A) by striking ``2020 through 2024'' and inserting
``2022 through 2028'';
(B) by striking ``on the expenditure'' and inserting
``on the following:
``(1) The expenditure''; and
(C) by adding at the end the following new
paragraphs:
``(2) The number of applications submitted by eligible
nonprofit organizations to each State.
``(3) The number of applications submitted by each State to
the Administrator.
``(4) The operations of the program office of the Program,
including staffing resources and efforts with respect to
subparagraphs (A) through (D) of subsection (c)(1).''; and
[[Page 136 STAT. 3618]]
(5) by striking subsection (f) and inserting the following
new subsections:
``(f) <<NOTE: Deadline.>> Administration.--Not later than 120 days
after the date of enactment of this subsection, the Administrator shall
ensure that within the Federal Emergency Management Agency a program
office for the Program (in this subsection referred to as the `program
office') shall--
``(1) be headed by a senior official of the Agency; and
``(2) administer the Program (including, where appropriate,
in coordination with States), including relating to--
``(A) outreach, engagement, education, and technical
assistance and support to eligible nonprofit
organizations described in subsection (b), with
particular attention to those organizations in
underserved communities, before, during, and after the
awarding of grants, including web-based training videos
for eligible nonprofit organizations that provide
guidance on preparing an application and the
environmental planning and historic preservation
process;
``(B) the establishment of mechanisms to ensure
program office processes are conducted in accordance
with constitutional, statutory, and regulatory
requirements that protect civil rights and civil
liberties and advance equal access for members of
underserved communities;
``(C) the establishment of mechanisms for the
Administrator to provide feedback to eligible nonprofit
organizations that do not receive grants;
``(D) the establishment of mechanisms to identify
and collect data to measure the effectiveness of grants
under the Program;
``(E) the establishment and enforcement of
standardized baseline operational requirements for
States, including requirements for States to eliminate
or prevent any administrative or operational obstacles
that may impact eligible nonprofit organizations
described in subsection (b) from receiving grants under
the Program;
``(F) carrying out efforts to prevent waste, fraud,
and abuse, including through audits of grantees; and
``(G) promoting diversity in the types and locations
of eligible nonprofit organizations that are applying
for grants under the Program.
``(g) Grant Guidelines.--For each fiscal year, before awarding
grants under this section, the Administrator--
``(1) <<NOTE: Publication. Notice.>> shall publish
guidelines, including a notice of funding opportunity or similar
announcement, as the Administrator determines appropriate; and
``(2) may prohibit States from closing application processes
before the publication of those guidelines.
``(h) Paperwork Reduction Act.--Chapter 35 of title 44, United
States Code (commonly known as the `Paperwork Reduction Act'), shall not
apply to any changes to the application materials, Program forms, or
other core Program documentation intended to enhance participation by
eligible nonprofit organizations in the Program.
``(i) <<NOTE: Time period.>> Authorization of Appropriations.--
[[Page 136 STAT. 3619]]
``(1) In general.--There is authorized to be appropriated
$360,000,000 for each of fiscal years 2023 through 2028 for
grants under this section, of which--
``(A) $180,000,000 each such fiscal year shall be
for recipients in high-risk urban areas that receive
funding under section 2003; and
``(B) $180,000,000 each such fiscal year shall be
for recipients in jurisdictions that do not so receive
such funding.
``(2) Operations and support.--There is authorized to be
appropriated $18,000,000 for each of fiscal years 2023 through
2028 for Operations and Support at the Federal Emergency
Management Agency for costs incurred for the management and
administration (including evaluation) of this section.''.
(b) Report.--
(1) <<NOTE: Contracts. Study.>> In general.--Not later than
180 days after the date of the enactment of this Act, the
Administrator shall seek to enter into a contract or other
agreement with an independent research organization pursuant to
which the organization will conduct a study that analyzes and
reports on the following:
(A) The effectiveness of the Nonprofit Security
Grant Program established under section 2009(a) of the
Homeland Security Act 2002 (6 U.S.C. 609a(a)), as
amended by subsection (a), for preparedness against
terrorist attacks or other threats.
(B) The risk-based formula and allocations under
such Program.
(C) The risk profile of and any identifiable factors
leading to the low participation of traditionally
underrepresented groups and States under such Program.
(2) Submission.--The report required under paragraph (1)
shall be submitted to the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on Homeland
Security of the House of Representatives, and the Committees on
Appropriations of the Senate and the House of Representatives.
(3) Funding.--The Administrator may use funding authorized
under subsection (j) of section 2009 of the Homeland Security
Act of 2002 (6 U.S.C. 609a)), as amended by subsection (a), to
carry out this subsection.
(c) Technical and Conforming Amendments.--Section 2008 of the
Homeland Security Act of 2002 (6 U.S.C. 609) is amended--
(1) in subsection (c) by striking ``sections 2003 and 2004''
and inserting ``sections 2003, 2004, and 2009''; and
(2) in subsection (e), by striking ``section 2003 or 2004''
and inserting ``section 2003, 2004, or 2009''.
SEC. 7102. PRESERVATION OF HOMELAND SECURITY CAPABILITIES.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Emergency Management Agency.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Homeland Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of Representatives.
[[Page 136 STAT. 3620]]
(3) Covered homeland security capability.--The term
``covered homeland security capability'' means a homeland
security capability related to preventing, preparing for,
protecting against, or responding to acts of terrorism that--
(A) was developed or otherwise supported through
grant funding under the UASI before the current fiscal
year; and
(B) is at risk of being reduced or eliminated
without additional Federal financial assistance.
(4) Covered urban area.--The term ``covered urban area''
means an urban area that--
(A) during the current fiscal year did not receive
grant funding under the UASI; and
(B) requires continued Federal assistance for the
purpose of preserving a covered homeland security
capability.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(6) UASI.--The term ``UASI'' means the Urban Area Security
Initiative under section 2003 of the Homeland Security Act of
2002 (6 U.S.C. 604).
(b) Report and Proposal.--
(1) Submission to congress.--Not later than 18 months after
the date of the enactment of this Act, the Secretary, acting
through the Administrator, shall submit to the appropriate
congressional committees a report regarding covered homeland
security capabilities, including a proposal relating to
providing Federal assistance to covered urban areas to preserve
such capabilities that is informed by the survey information
collected pursuant to subsection (c)--
(A) under which the Administrator would make Federal
financial assistance available for at least three
consecutive fiscal years to covered urban areas; and
(B) that would allow covered urban areas to
transition to other sources funding for such covered
homeland security capabilities.
(2) Requirements relating to uasi funds.--The proposal
required under paragraph (1) shall contain the following:
(A) A prohibition on a covered urban area that
receives Federal financial assistance described in
paragraph (1)(A) during a fiscal year from also
receiving funds under the UASI during such fiscal year.
(B) A requirement for a covered urban area to submit
to the Administrator notice of whether such covered
urban area would elect to receive--
(i) Federal financial assistance under
paragraph (1)(A); or
(ii) funding under the UASI.
(3) Analysis.--The report required under paragraph (1) shall
include the following:
(A) An analysis of whether providing additional
Federal financial assistance, as described in paragraph
(1)(A), would allow covered urban areas to preserve
covered homeland security capabilities on a long-term
basis.
(B) An analysis of whether legislative changes to
the UASI are necessary to ensure urban areas receiving
funds under the UASI are able to preserve covered
homeland security capabilities on a long-term basis.
[[Page 136 STAT. 3621]]
(4) Other contents of proposal.--The proposal required under
paragraph (1) shall--
(A) <<NOTE: Criteria.>> set forth eligibility
criteria for covered urban areas to receive Federal
assistance described in paragraph (1)(A);
(B) identify annual funding levels that would be
required to provide such Federal assistance, in
accordance with the survey required under subsection
(c); and
(C) consider a range of approaches to make such
Federal assistance available to covered urban areas,
including--
(i) modifications to the UASI in a manner that
would not affect the availability of funding to
urban areas under the UASI;
(ii) the establishment of a competitive grant
program;
(iii) the establishment of a formula grant
program; and
(iv) <<NOTE: Timeline.>> a timeline for the
implementation of any such approach and, if
necessary, a legislative proposal to authorize any
such approach.
(c) <<NOTE: Time period.>> Survey.--In developing the proposal
required under subsection (b), the Administrator shall, to ascertain the
scope of Federal financial assistance required, survey the following:
(1) Urban areas that did not receive grant funding under the
UASI during the current fiscal year concerning covered homeland
security capabilities that are at risk of being reduced or
eliminated without additional Federal financial assistance.
(2) Urban areas that received grant funding under the UASI
during the current fiscal year, but did not receive such funding
during at least one fiscal year of the seven fiscal years
immediately preceding the current fiscal year.
(3) Any other urban areas the Secretary determines
appropriate.
(d) <<NOTE: Determination.>> Exemption.--The Secretary may exempt
the Administrator from the requirements of subchapter I of chapter 35 of
title 44, United States Code (commonly referred to as the ``Paperwork
Reduction Act''), for purposes of carrying out subsection (c) if the
Secretary determines that complying with such requirements would delay
the development of the proposal required under subsection (b).
(e) Rule of Construction.--Nothing in this section may be construed
as directing or authorizing the Administrator to implement the proposal
required under subsection (b).
SEC. 7103. <<NOTE: 6 USC 665l.>> SCHOOL AND DAYCARE PROTECTION.
(a) <<NOTE: Reports.>> In General.--Not later than 180 days after
the date of the enactment of this Act and annually thereafter, the
Secretary of Homeland Security shall submit to the Committee on Homeland
Security of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report regarding the
following:
(1) <<NOTE: Plans.>> The Department of Homeland Security's
activities, policies, and plans to enhance the security of early
childhood education programs, elementary schools, and secondary
schools during the preceding year that includes information on
the Department's activities through the Federal School Safety
Clearinghouse.
[[Page 136 STAT. 3622]]
(2) Information on all structures or efforts within the
Department intended to bolster coordination among departmental
components and offices involved in carrying out paragraph (1)
and, with respect to each structure or effort, specificity on
which components and offices are involved and which component or
office leads such structure or effort.
(3) A detailed description of the measures used to ensure
privacy rights, civil rights, and civil liberties protections in
carrying out these activities.
(b) <<NOTE: Deadline.>> Briefing.--Not later than 30 days after the
submission of each report required under subsection (a), the Secretary
of Homeland Security shall provide to the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on Homeland
Security of the House of Representatives a briefing regarding such
report and the status of efforts to carry out plans included in such
report for the preceding year.
(c) Definitions.--In this section, the terms ``early childhood
education program'', ``elementary school'', and ``secondary school''
have the meanings given such terms in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
SEC. 7104. CYBERSECURITY GRANTS FOR SCHOOLS.
(a) In General.--Section 2220 of the Homeland Security Act of 2002
(6 U.S.C. 665f) is amended by adding at the end the following new
subsection:
``(e) <<NOTE: Contracts.>> Grants and Cooperative Agreements.--The
Director may award financial assistance in the form of grants or
cooperative agreements to States, local governments, institutions of
higher education (as such term is defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)), nonprofit organizations, and
other non-Federal entities as determined appropriate by the Director for
the purpose of funding cybersecurity and infrastructure security
education and training programs and initiatives to--
``(1) carry out the purposes of CETAP; and
``(2) enhance CETAP to address the national shortfall of
cybersecurity professionals.''.
(b) Briefings.--Paragraph (2) of subsection (c) of section 2220 of
the Homeland Security Act of 2002 (6 U.S.C. 665f) is amended--
(1) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E) respectively; and
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) information on any grants or cooperative
agreements made pursuant to subsection (e), including
how any such grants or cooperative agreements are being
used to enhance cybersecurity education for underserved
populations or communities;''.
SEC. 7105. <<NOTE: Transnational Criminal Investigative Unit
Stipend Act.>> TRANSNATIONAL CRIMINAL
INVESTIGATIVE UNIT STIPEND.
(a) <<NOTE: 6 USC 101 note.>> Short Title.--This section may be
cited as the ``Transnational Criminal Investigative Unit Stipend Act''.
(b) Stipends for Transnational Criminal Investigative Units.--
(1) In general.--Subtitle H of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding
at the end the following:
[[Page 136 STAT. 3623]]
``SEC. 890C. <<NOTE: 6 USC 475.>> TRANSNATIONAL CRIMINAL
INVESTIGATIVE UNITS.
``(a) In General.--The Secretary, with the concurrence of the
Secretary of State, shall operate Transnational Criminal Investigative
Units within Homeland Security Investigations.
``(b) Composition.--Each Transnational Criminal Investigative Unit
shall be composed of trained foreign law enforcement officials who shall
collaborate with Homeland Security Investigations to investigate and
prosecute individuals involved in transnational criminal activity.
``(c) Vetting Requirement.--
``(1) In general.--Before entry into a Transnational
Criminal Investigative Unit, and at periodic intervals while
serving in such a unit, foreign law enforcement officials shall
be required to pass certain security evaluations, which may
include a background check, a polygraph examination, a
urinalysis test, or other measures that the Secretary determines
to be appropriate.
``(2) Leahy vetting required.--No member of a foreign law
enforcement unit may join a Transnational Criminal Investigative
Unit if the Secretary, in coordination with the Secretary of
State, has credible information that such foreign law
enforcement unit has committed a gross violation of human
rights, consistent with the limitations set forth in section
620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d).
``(3) Approval and concurrence.--The establishment and
continued support of the Transnational Criminal Investigative
Units who are assigned under paragraph (1)--
``(A) shall be performed with the approval of the
chief of mission to the foreign country to which the
personnel are assigned;
``(B) shall be consistent with the duties and powers
of the Secretary of State and the chief of mission for a
foreign country under section 103 of the Omnibus
Diplomatic Security and Antiterrorism Act of 1986 (22
U.S.C. 4802) and section 207 of the Foreign Service Act
of 1980 (22 U.S.C. 3927), respectively; and
``(C) shall not be established without the
concurrence of the Assistant Secretary of State for
International Narcotics and Law Enforcement Affairs.
``(4) Report.--The Executive Associate Director of Homeland
Security Investigations shall submit a report to the Committee
on Foreign Relations of the Senate, the Committee on Homeland
Security and Governmental Affairs of the Senate, the Committee
on the Judiciary of the Senate, the Committee on Foreign Affairs
of the House of Representatives, the Committee on Homeland
Security of the House of Representatives, and the Committee on
the Judiciary of the House of Representatives that describes--
``(A) the procedures used for vetting Transnational
Criminal Investigative Unit members to include
compliance with the vetting required under this
subsection; and
``(B) any additional measures that should be
implemented to prevent personnel in vetted units from
being compromised by criminal organizations.
``(d) Monetary Stipend.--The Executive Associate Director of
Homeland Security Investigations is authorized to pay vetted members of
a Transnational Criminal Investigative Unit a monetary
[[Page 136 STAT. 3624]]
stipend in an amount associated with their duties dedicated to unit
activities.
``(e) <<NOTE: Time period.>> Annual Briefing.--The Executive
Associate Director of Homeland Security Investigations, during the 5-
year period beginning on the date of the enactment of this section,
shall provide an annual unclassified briefing to the congressional
committees referred to in subsection (c)(4), which may include a
classified session, if necessary, that identifies--
``(1) the number of vetted members of Transnational Criminal
Investigative Unit in each country;
``(2) the amount paid in stipends to such members,
disaggregated by country;
``(3) relevant enforcement statistics, such as arrests and
progress made on joint investigations, in each such country; and
``(4) whether any vetted members of the Transnational
Criminal Investigative Unit in each country were involved in any
unlawful activity, including human rights abuses or significant
acts of corruption.''.
(2) Clerical amendment.--The table of contents for the
Homeland Security Act of 2002 (Public Law 107-296) is amended by
inserting after the item relating to section 890B the following:
``Sec. 890C. Transnational Criminal Investigative Units.''.
SEC. 7106. CHEMICAL SECURITY ANALYSIS CENTER.
(a) In General.--Title III of the Homeland Security Act of 2002 (6
U.S.C. 181 et seq.) is amended by adding at the end the following new
section:
``SEC. 323. <<NOTE: 6 USC 195i.>> CHEMICAL SECURITY ANALYSIS
CENTER.
``(a) In General.--The Secretary, acting through the Under Secretary
for Science and Technology, shall designate the laboratory described in
subsection (b) as an additional laboratory pursuant to the authority
under section 308(c)(2), which shall be used to conduct studies,
analyses, and research to assess and address domestic chemical security
events.
``(b) Laboratory Described.--The laboratory described in this
subsection is the laboratory known, as of the date of enactment of this
section, as the Chemical Security Analysis Center.
``(c) Laboratory Activities.--Pursuant to the authority under
section 302(4), the Chemical Security Analysis Center shall--
``(1) identify and develop approaches and mitigation
strategies to domestic chemical security threats, including the
development of comprehensive, research-based definable goals
relating to such approaches and mitigation strategies;
``(2) provide an enduring science-based chemical threat and
hazard analysis capability;
``(3) provide expertise regarding risk and consequence
modeling, chemical sensing and detection, analytical chemistry,
acute chemical toxicology, synthetic chemistry and reaction
characterization, and nontraditional chemical agents and
emerging chemical threats;
``(4) staff and operate a technical assistance program that
provides operational support and subject matter expertise,
design and execute laboratory and field tests, and provide a
comprehensive knowledge repository of chemical threat
[[Page 136 STAT. 3625]]
information that is continuously updated with data from
scientific, intelligence, operational, and private sector
sources;
``(5) <<NOTE: Consultation.>> consult, as appropriate, with
the Countering Weapons of Mass Destruction Office of the
Department to mitigate, prepare, and respond to threats,
hazards, and risks associated with domestic chemical security
events; and
``(6) carry out such other activities authorized under this
section as the Secretary determines appropriate.
``(d) Special Rule.--Nothing in this section amends, alters, or
affects--
``(1) the responsibilities of the Countering Weapons of Mass
Destruction Office of the Department; or
``(2) the activities or requirements authorized to other
entities within the Federal Government, including the activities
and requirements of the Environmental Protection Agency under
section 112(r) of the Clean Air Act (42 U.S.C. 7412(r)), the
Toxic Substances Control Act (15 U.S.C. 2601 et seq.), and the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (commonly referred to as `Superfund'; 42
U.S.C. 9601 et seq.).''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 322 the following new item:
``Sec. 323. Chemical Security Analysis Center.''.
Subtitle B--Strengthening DHS Management, Policymaking, and Operations
SEC. 7111. <<NOTE: DHS Joint Task Forces Reauthorization Act of
2022.>> JOINT TASK FORCES OF THE
DEPARTMENT OF HOMELAND SECURITY.
(a) <<NOTE: 6 USC 101 note.>> Short Title.--This section may be
cited as the ``DHS Joint Task Forces Reauthorization Act of 2022''.
(b) Dhs Joint Task Forces.--Subsection (b) of section 708 of the
Homeland Security Act of 2002 (6 U.S.C. 348) is amended--
(1) by amending paragraph (8) to read as follows:
``(8) Joint task force staff.--
``(A) In general.--Each Joint Task Force shall have
a staff, composed of personnel from relevant components
and offices of the Department, to assist the Director of
such Joint Task Force in carrying out the mission and
responsibilities of such Joint Task Force.
``(B) Report.--The Secretary shall include in the
report submitted under paragraph (6)(F)--
``(i) the number of personnel of each
component or office permanently assigned to each
Joint Task Force; and
``(ii) the number of personnel of each
component or office assigned on a temporary basis
to each Joint Task Force.'';
(2) in paragraph (9)--
(A) in the heading, by striking ``establishment''
and inserting ``mission; establishment'';
(B) by amending subparagraph (A) to read as follows:
[[Page 136 STAT. 3626]]
``(A) using leading practices in performance
management and lessons learned by other law enforcement
task forces and joint operations, establish--
``(i) the mission, strategic goals, and
objectives of each Joint Task Force;
``(ii) <<NOTE: Criteria.>> the criteria for
terminating each Joint Task Force; and
``(iii) outcome-based and other appropriate
performance metrics for evaluating the
effectiveness of each Joint Task Force with
respect to the mission, strategic goals, and
objectives established pursuant to clause (i),
including--
``(I) <<NOTE: Deadline.>> targets
for each Joint Task Force to achieve by
not later than one and three years after
such establishment; and
``(II) a description of the
methodology used to establish such
metrics;'';
(C) in subparagraph (B)--
(iii) by striking ``date of the enactment of
this section'' and insert ``date of the enactment
of the DHS Joint Task Forces Reauthorization Act
of 2022'';
(iv) by inserting ``mission, strategic goals,
objectives, and'' before ``metrics''; and
(v) by striking the period at the end and
inserting ``; and''; and
(D) by amending subparagraph (C) to read as follows:
``(C) <<NOTE: Reports.>> not later than one year
after the date of the enactment of the DHS Joint Task
Forces Reauthorization Act of 2022 and annually
thereafter, submit to the committees specified in
subparagraph (B) a report that contains information on
the progress in implementing the outcome-based and other
appropriate performance metrics established pursuant to
subparagraph (A)(iii).'';
(3) in paragraph (11)--
(A) in the heading, by inserting ``or termination''
after ``formation''; and
(B) by amending subparagraph (A) to read as follows:
``(A) <<NOTE: Deadline. Notification.>> In
general.--Not later than seven days after establishing
or terminating a Joint Task Force under this subsection,
the Secretary shall submit to the majority leader of the
Senate, the minority leader of the Senate, the Speaker
of the House of Representatives, the majority leader of
the House of Representatives, the minority leader of the
House of Representatives, and the Committee on Homeland
Security and the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs
and the Committee on Commerce, Science, and
Transportation of the Senate a notification regarding
such establishment or termination, as the case may be.
The contents of any such notification shall include the
following:
``(i) <<NOTE: Criteria.>> The criteria and
conditions required to establish or terminate the
Joint Task Force at issue.
``(ii) <<NOTE: Strategic plan.>> The primary
mission, strategic goals, objectives, and plan of
operations of such Joint Task Force.
``(iii) If such notification is a notification
of termination, information on the effectiveness
of such Joint
[[Page 136 STAT. 3627]]
Task Force as measured by the outcome-based
performance metrics and other appropriate
performance metrics established pursuant to
paragraph (9)(A)(iii).
``(iv) The funding and resources required to
establish or terminate such Joint Task Force.
``(v) The number of personnel of each
component or office permanently assigned to such
Joint Task Force.
``(vi) The number of personnel of each
component and office assigned on a temporary basis
to such Joint Task Force.
``(vii) If such notification is a notification
of establishment, the anticipated costs of
establishing and operating such Joint Task Force.
``(viii) If such notification is a
notification of termination, funding allocated in
the immediately preceding fiscal year to such
Joint Task Force for--
``(I) operations, notwithstanding
such termination; and
``(II) activities associated with
such termination.
``(ix) The anticipated establishment or actual
termination date of such Joint Task Force, as the
case may be.'';
(4) in paragraph (12)--
(A) in subparagraph (A)--
(i) by striking ``January 31, 2018, and
January 31, 2021, the Inspector General of the
Department'' and inserting ``one year after the
date of the enactment of the DHS Joint Task Forces
Reauthorization Act of 2022, the Comptroller
General of the United States''; and
(ii) by inserting ``an assessment of the
effectiveness of the Secretary's utilization of
the authority provided under this section for the
purposes specified in subsection (b)(2) as among
the range of options available to the Secretary to
conduct joint operations among departmental
components and offices and'' before ``a review of
the Joint Task Forces''; and
(B) in subparagraph (B)--
(i) in the matter preceding clause (i), by
striking ``reviews'' and inserting ``review''; and
(ii) by amending clauses (i) and (ii) to read
as follows:
``(i) an assessment of methodology utilized to
determine whether to establish or terminate each
Joint Task Force; and
``(ii) an assessment of the effectiveness of
oversight over each Joint Task Force, with
specificity regarding the Secretary's utilization
of outcome-based or other appropriate performance
metrics (established pursuant to paragraph
(9)(A)(iii)) to evaluate the effectiveness of each
Joint Task Force in measuring progress with
respect to the mission, strategic goals, and
objectives (established pursuant to paragraph
(9)(A)(i)) of such Joint Task Force.''; and
[[Page 136 STAT. 3628]]
(5) in paragraph (13), by striking ``2022'' and inserting
``2024''.
SEC. 7112. HOMELAND PROCUREMENT REFORM ACT.
(a) In General.--Subtitle D of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 391 et seq.) is amended by adding at the end the
following new section:
``SEC. 836. <<NOTE: 6 USC 397.>> REQUIREMENTS TO BUY CERTAIN
ITEMS RELATED TO NATIONAL SECURITY
INTERESTS.
``(a) Definitions.--In this section:
``(1) Covered item.--The term `covered item' means any of
the following:
``(A) Footwear provided as part of a uniform.
``(B) Uniforms.
``(C) Holsters and tactical pouches.
``(D) Patches, insignia, and embellishments.
``(E) Chemical, biological, radiological, and
nuclear protective gear.
``(F) Body armor components intended to provide
ballistic protection for an individual, consisting of 1
or more of the following:
``(i) Soft ballistic panels.
``(ii) Hard ballistic plates.
``(iii) Concealed armor carriers worn under a
uniform.
``(iv) External armor carriers worn over a
uniform.
``(G) Any other item of clothing or protective
equipment as determined appropriate by the Secretary.
``(2) Frontline operational component.--The term `frontline
operational component' means any of the following entities of
the Department:
``(A) U.S. Customs and Border Protection.
``(B) U.S. Immigration and Customs Enforcement.
``(C) The United States Secret Service.
``(D) The Transportation Security Administration.
``(E) The Federal Protective Service.
``(F) The Federal Emergency Management Agency.
``(G) The Federal Law Enforcement Training Centers.
``(H) The Cybersecurity and Infrastructure Security
Agency.
``(b) Requirements.--
``(1) In general.--The Secretary shall ensure that any
procurement of a covered item for a frontline operational
component meets the following criteria:
``(A)(i) To the maximum extent possible, not less
than one-third of funds obligated in a specific fiscal
year for the procurement of such covered items shall be
covered items that are manufactured or supplied in the
United States by entities that qualify as small business
concerns, as such term is described under section 3 of
the Small Business Act (15 U.S.C. 632).
``(ii) Covered items may only be supplied pursuant
to subparagraph (A) to the extent that United States
entities that qualify as small business concerns--
``(I) are unable to manufacture covered items
in the United States; and
[[Page 136 STAT. 3629]]
``(II) meet the criteria identified in
subparagraph (B).
``(B) Each contractor with respect to the
procurement of such a covered item, including the end-
item manufacturer of such a covered item--
``(i) is an entity registered with the System
for Award Management (or successor system)
administered by the General Services
Administration; and
``(ii) is in compliance with ISO 9001:2015 of
the International Organization for Standardization
(or successor standard) or a standard determined
appropriate by the Secretary to ensure the quality
of products and adherence to applicable statutory
and regulatory requirements.
``(C) Each supplier of such a covered item with an
insignia (such as any patch, badge, or emblem) and each
supplier of such an insignia, if such covered item with
such insignia or such insignia, as the case may be, is
not produced, applied, or assembled in the United
States, shall--
``(i) store such covered item with such
insignia or such insignia in a locked area;
``(ii) report any pilferage or theft of such
covered item with such insignia or such insignia
occurring at any stage before delivery of such
covered item with such insignia or such insignia;
and
``(iii) destroy any such defective or unusable
covered item with insignia or insignia in a manner
established by the Secretary, and maintain
records, for three years after the creation of
such records, of such destruction that include the
date of such destruction, a description of the
covered item with insignia or insignia destroyed,
the quantity of the covered item with insignia or
insignia destroyed, and the method of destruction.
``(2) Waiver.--
``(A) <<NOTE: Determination.>> In general.--In the
case of a national emergency declared by the President
under the National Emergencies Act (50 U.S.C. 1601 et
seq.) or a major disaster declared by the President
under section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170),
the Secretary may waive a requirement in subparagraph
(A), (B) or (C) of paragraph (1) if the Secretary
determines there is an insufficient supply of a covered
item that meets such requirement.
``(B) Notice.--Not later than 60 days after the date
on which the Secretary determines a waiver under
subparagraph (A) is necessary, the Secretary shall
provide to the Committee on Homeland Security and
Governmental Affairs and the Committee on Appropriations
of the Senate and the Committee on Homeland Security,
the Committee on Oversight and Reform, and the Committee
on Appropriations of the House of Representatives notice
of such determination, which shall include the
following:
``(i) Identification of the national emergency
or major disaster declared by the President.
[[Page 136 STAT. 3630]]
``(ii) Identification of the covered item for
which the Secretary intends to issue the waiver.
``(iii) A description of the demand for the
covered item and corresponding lack of supply from
contractors able to meet the criteria described in
subparagraph (B) or (C) of paragraph (1).
``(c) Pricing.--The Secretary shall ensure that covered items are
purchased at a fair and reasonable price, consistent with the procedures
and guidelines specified in the Federal Acquisition Regulation.
``(d) <<NOTE: Briefing.>> Report.--Not later than one year after
the date of the enactment of this section and annually thereafter, the
Secretary shall provide to the Committee on Homeland Security, the
Committee on Oversight and Reform, the Committee on Small Business, and
the Committee on Appropriations of the House of Representatives, and the
Committee on Homeland Security and Governmental Affairs, the Committee
on Small Business and Entrepreneurship, and the Committee on
Appropriations of the Senate a briefing on instances in which vendors
have failed to meet deadlines for delivery of covered items and
corrective actions taken by the Department in response to such
instances.
``(e) Effective Date.--This section applies with respect to a
contract entered into by the Department or any frontline operational
component on or after the date that is 180 days after the date of the
enactment of this section.''.
(b) Study.--
(1) <<NOTE: Deadline.>> In general.--Not later than 18
months after the date of the enactment of this Act, the
Secretary of Homeland Security shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of Representatives a
study of the adequacy of uniform allowances provided to
employees of frontline operational components (as such term is
defined in section 836 of the Homeland Security Act of 2002, as
added by subsection (a)).
(2) Requirements.--The study conducted under paragraph (1)
shall--
(A) <<NOTE: Survey.>> be informed by a Department-
wide survey of employees from across the Department of
Homeland Security who receive uniform allowances that
seeks to ascertain what, if any, improvements could be
made to the current uniform allowances and what, if any,
impacts current allowances have had on employee morale
and retention;
(B) <<NOTE: Assessment.>> assess the adequacy of
the most recent increase made to the uniform allowance
for first year employees; and
(C) consider increasing by 50 percent, at minimum,
the annual allowance for all other employees.
(c) Additional Report.--
(1) <<NOTE: Recommenda- tions.>> In general.--Not later
than 180 days after the date of the enactment of this Act, the
Secretary of Homeland Security shall provide a report with
recommendations on how the Department of Homeland Security could
procure additional items from domestic sources and bolster the
domestic supply chain for items related to national security
to--
(A) the Committee on Homeland Security and
Governmental Affairs, the Committee on Small Business
and
[[Page 136 STAT. 3631]]
Entrepreneurship, and the Committee on Appropriations of
the Senate; and
(B) the Committee on Homeland Security, the
Committee on Oversight and Reform, the Committee on
Small Business, and the Committee on Appropriations of
the House of Representatives.
(2) Contents.--The report required under paragraph (1) shall
include the following:
(A) <<NOTE: Review.>> A review of the compliance of
the Department of Homeland Security with the
requirements under section 604 of title VI of division A
of the American Recovery and Reinvestment Act of 2009 (6
U.S.C. 453b) to buy certain items related to national
security interests from sources in the United States.
(B) <<NOTE: Assessment.>> An assessment of the
capacity of the Department of Homeland Security to
procure the following items from domestic sources:
(i) Personal protective equipment and other
items necessary to respond to a pandemic such as
that caused by COVID-19.
(ii) Helmets that provide ballistic protection
and other head protection and components.
(iii) Rain gear, cold weather gear, and other
environmental and flame resistant clothing.
(d) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135)
is amended by inserting after the item relating to section 835 the
following:
``Sec. 836. Requirements to buy certain items related to national
security interests.''.
SEC. 7113. <<NOTE: 6 USC 112 note.>> DAILY PUBLIC REPORT OF
COVERED CONTRACT AWARDS.
(a) Daily Contract Reporting Requirements.--
(1) Report.--
(A) <<NOTE: Web posting.>> In general.--The
Secretary shall post, maintain, and update in accordance
with paragraph (2), on a publicly available website of
the Department, a daily report of all covered contract
awards.
(B) Contents.--Each report under this paragraph
shall include, for each covered contract award,
information relating to the following:
(i) The contract number, modification number,
or delivery order number.
(ii) The contract type.
(iii) The amount obligated for the award.
(iv) The total contract value for the award,
including all options.
(v) The description of the purpose for the
award.
(vi) The number of proposals or bids received.
(vii) The name and address of the vendor, and
whether the vendor is a small business.
(viii) The period and primary place of
performance for the award.
(ix) Whether the award is multiyear.
(x) The contracting office.
[[Page 136 STAT. 3632]]
(2) <<NOTE: Deadline.>> Update.--The Secretary shall make
updates referred to in paragraph (1) not later than five
business days after the date on which a covered contract is
authorized or modified.
(3) Effective date.--Paragraph (1) shall take effect on the
date that is 180 days after the date of the enactment of this
Act.
(b) Undefinitized Contract Action or Definitized Amount.--If a
covered contract award reported under subsection (a) includes an
undefinitized contract action, the Secretary shall--
(1) report the estimated total contract value for the award
and the amount obligated upon award; and
(2) <<NOTE: Update.>> once there is a definitized amount
for the award, update the total contract value and amount
obligated.
(c) Exemption.--Each report required under subsection (a) shall not
include covered contract awards for which synopsis was exempted under
section 5.202(a)(1) of the Federal Acquisition Regulation, or any
successor thereto.
(d) Definitions.--In this section:
(1) Covered contract award.--The term ``covered contract
award''--
(A) means a contract action of the Department with a
total contract value of not less than $4,000,000,
including unexercised options; and
(B) includes--
(i) contract awards governed by the Federal
Acquisition Regulation;
(ii) modifications to a contract award that
increase the total value, expand the scope of
work, or extend the period of performance;
(iii) orders placed on a multiple-award or
multiple-agency contract that includes delivery or
quantity terms that are indefinite;
(iv) other transaction authority agreements;
and
(v) contract awards made with other than full
and open competition.
(2) Definitized amount.--The term ``definitized amount''
means the final amount of a covered contract award after
agreement between the Department and the contractor at issue.
(3) Department.--The term ``Department'' means the
Department of Homeland Security.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(5) Small business.--The term ``small business'' means an
entity that qualifies as a small business concern, as defined
under section 3 of the Small Business Act (15 U.S.C. 632).
(6) Total contract value.--The term ``total contract value''
means the total amount of funds expected to be provided to the
contractor at issue under the terms of the contract through the
full period of performance.
(7) Undefinitized contract action.--The term ``undefinitized
contract action'' means any contract action for which the
contract terms, specifications, or price is not established
prior to the start of the performance of the covered contract
award.
(e) Sunset.--This section shall cease to have force or effect on the
date that is five years after the date of the enactment of this Act.
[[Page 136 STAT. 3633]]
SEC. 7114. PREFERENCE FOR UNITED STATES INDUSTRY.
Section 308 of the Homeland Security Act of 2002 (6 U.S.C. 188) is
amended by adding at the end the following new subsection:
``(d) Preference for United States Industry.--
``(1) Definitions.--In this subsection:
``(A) Country of concern.--The term `country of
concern' means a country that--
``(i) is a covered nation, as such term is
defined in section 4872(d) of title 10, United
States Code; or
``(ii) the Secretary determines is engaged in
conduct that is detrimental to the national
security of the United States.
``(B) Nonprofit organization; small business firm;
subject invention.--The terms `nonprofit organization',
`small business firm', and `subject invention' have the
meanings given such terms in section 201 of title 35,
United States Code.
``(C) Manufactured substantially in the united
states.--The term `manufactured substantially in the
United States' means an item is a domestic end product.
``(D) Domestic end product.--The term `domestic end
product' has the meaning given such term in section
25.003 of title 48, Code of Federal Regulations, or any
successor thereto.
``(3) Waivers.--
``(A) In general.--Subject to subparagraph (B), in
individual cases, the requirements under section 204 of
title 35, United States Code, may be waived by the
Secretary upon a showing by the small business firm,
nonprofit organization, or assignee that reasonable but
unsuccessful efforts have been made to grant licenses on
similar terms to potential licensees that would be
likely to manufacture substantially in the United States
or that under the circumstances domestic manufacture is
not commercially feasible.
``(B) Conditions on waivers granted by department.--
``(i) <<NOTE: Compliance.>> Before grant of
waiver.--Before granting a waiver under
subparagraph (A), the Secretary shall comply with
the procedures developed and implemented by the
Department pursuant to section 70923(b)(2) of the
Build America, Buy America Act (enacted as
subtitle A of title IX of division G of Public Law
117-58).
``(ii) Prohibition on granting certain
waivers.--The Secretary may not grant a waiver
under subparagraph (A) if, as a result of such
waiver, products embodying the applicable subject
invention, or produced through the use of the
applicable subject invention, would be
manufactured substantially in a country of
concern.''.
SEC. 7115. DEPARTMENT OF HOMELAND SECURITY MENTOR-PROTEGE PROGRAM.
(a) In General.--Subtitle H of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 451 et seq.), as amended by subtitle
[[Page 136 STAT. 3634]]
A, is further amended by adding at the end the following new section:
``SEC. 890D. <<NOTE: 6 USC 475a.>> MENTOR-PROTEGE PROGRAM.
``(a) <<NOTE: Contracts.>> Establishment.--There is established in
the Department a mentor-protege program (in this section referred to as
the `Program') under which a mentor firm enters into an agreement with a
protege firm for the purpose of assisting the protege firm to compete
for prime contracts and subcontracts of the Department.
``(b) <<NOTE: Criteria.>> Eligibility.--The Secretary shall
establish criteria for mentor firms and protege firms to be eligible to
participate in the Program, including a requirement that a firm is not
included on any list maintained by the Federal Government of contractors
that have been suspended or debarred.
``(c) Program Application and Approval.--
``(1) Application.--The Secretary, acting through the Office
of Small and Disadvantaged Business Utilization of the
Department, shall establish a process for submission of an
application jointly by a mentor firm and the protege firm
selected by the mentor firm. The application shall include each
of the following:
``(A) A description of the assistance to be provided
by the mentor firm, including, to the extent available,
the number and a brief description of each anticipated
subcontract to be awarded to the protege firm.
``(B) <<NOTE: Schedule.>> A schedule with
milestones for achieving the assistance to be provided
over the period of participation in the Program.
``(C) <<NOTE: Cost estimates.>> An estimate of the
costs to be incurred by the mentor firm for providing
assistance under the Program.
``(D) <<NOTE: Attestations.>> Attestations that
Program participants will submit to the Secretary
reports at times specified by the Secretary to assist
the Secretary in evaluating the protege firm's
developmental progress.
``(E) <<NOTE: Attestations.>> Attestations that
Program participants will inform the Secretary in the
event of a change in eligibility or voluntary withdrawal
from the Program.
``(2) <<NOTE: Deadline. Notification.>> Approval.--Not
later than 60 days after receipt of an application pursuant to
paragraph (1), the head of the Office of Small and Disadvantaged
Business Utilization shall notify applicants of approval or, in
the case of disapproval, the process for resubmitting an
application for reconsideration.
``(3) <<NOTE: Determination.>> Rescission.--The head of the
Office of Small and Disadvantaged Business Utilization may
rescind the approval of an application under this subsection if
it determines that such action is in the best interest of the
Department.
``(d) <<NOTE: Contracts. Time period.>> Program Duration.--A mentor
firm and protege firm approved under subsection (c) shall enter into an
agreement to participate in the Program for a period of not less than 36
months.
``(e) Program Benefits.--A mentor firm and protege firm that enter
into an agreement under subsection (d) may receive the following Program
benefits:
``(1) With respect to an award of a contract that requires a
subcontracting plan, a mentor firm may receive evaluation credit
for participating in the Program.
``(2) With respect to an award of a contract that requires a
subcontracting plan, a mentor firm may receive credit for
[[Page 136 STAT. 3635]]
a protege firm performing as a first tier subcontractor or a
subcontractor at any tier in an amount equal to the total dollar
value of any subcontracts awarded to such protege firm.
``(3) A protege firm may receive technical, managerial,
financial, or any other mutually agreed upon benefit from a
mentor firm, including a subcontract award.
``(f) Reporting.--Not later than one year after the date of the
enactment of this section and annually thereafter, the head of the
Office of Small and Disadvantaged Business Utilization shall submit to
the Committee on Homeland Security and Governmental Affairs and the
Committee on Small Business and Entrepreneurship of the Senate and the
Committee on Homeland Security and the Committee on Small Business of
the House of Representatives a report that--
``(1) identifies each agreement between a mentor firm and a
protege firm entered into under this section, including the
number of protege firm participants that are--
``(A) small business concerns;
``(B) small business concerns owned and controlled
by veterans;
``(C) small business concerns owned and controlled
by service-disabled veterans;
``(D) qualified HUBZone small business concerns;
``(E) small business concerns owned and controlled
by socially and economically disadvantaged individuals;
``(F) small business concerns owned and controlled
by women;
``(G) historically Black colleges and universities;
and
``(H) minority-serving institutions;
``(2) describes the type of assistance provided by mentor
firms to protege firms;
``(3) identifies contracts within the Department in which a
mentor firm serving as the prime contractor provided
subcontracts to a protege firm under the Program; and
``(4) <<NOTE: Assessments.>> assesses the degree to which
there has been--
``(A) an increase in the technical capabilities of
protege firms; and
``(B) an increase in the quantity and estimated
value of prime contract and subcontract awards to
protege firms for the period covered by the report.
``(g) Rule of Construction.--Nothing in this section may be
construed to limit, diminish, impair, or otherwise affect the authority
of the Department to participate in any program carried out by or
requiring approval of the Small Business Administration or adopt or
follow any regulation or policy that the Administrator of the Small
Business Administration may promulgate, except that, to the extent that
any provision of this section (including subsection (h)) conflicts with
any other provision of law, regulation, or policy, this section shall
control.
``(h) Definitions.--In this section:
``(1) Historically black college or university.--The term
`historically Black college or university' has the meaning given
the term `part B institution' in section 322 of the Higher
Education Act of 1965 (20 U.S.C. 1061).
``(2) Mentor firm.--The term `mentor firm' means a for-
profit business concern that is not a small business concern
that--
[[Page 136 STAT. 3636]]
``(A) has the ability to assist and commits to
assisting a protege to compete for Federal prime
contracts and subcontracts; and
``(B) satisfies any other requirements imposed by
the Secretary.
``(3) Minority-serving institution.--The term `minority-
serving institution' means an institution of higher education
described in section 317 of the Higher Education Act of 1965 (20
U.S.C. 1067q(a)).
``(4) Protege firm.--The term `protege firm' means a small
business concern, a historically Black college or university, or
a minority-serving institution that--
``(A) is eligible to enter into a prime contract or
subcontract with the Department; and
``(B) satisfies any other requirements imposed by
the Secretary.
``(5) Small business act definitions.--The terms `small
business concern', `small business concern owned and controlled
by veterans', `small business concern owned and controlled by
service-disabled veterans', `qualified HUBZone small business
concern', `and small business concern owned and controlled by
women' have the meanings given such terms, respectively, under
section 3 of the Small Business Act (15 U.S.C. 632). The term
`small business concern owned and controlled by socially and
economically disadvantaged individuals' has the meaning given
such term in section 8(d)(3)(C) of the Small Business Act (15
U.S.C. 637(d)(3)(C)).''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the item
relating to section 890C (as added by subtitle A) the following new
item:
``Sec. 890D. Mentor-protege program.''.
SEC. 7116. DHS ECONOMIC SECURITY COUNCIL.
(a) <<NOTE: 6 USC 451 note.>> Establishment of the Council.--
(1) Definitions.--In this subsection:
(A) Council.--The term ``Council'' means the council
established under paragraph (2).
(B) Department.--The term ``Department'' means the
Department of Homeland Security.
(C) Economic security.--The term ``economic
security'' has the meaning given such term in section
890B(c)(2) of the Homeland Security Act of 2002 (6
U.S.C. 474(c)(2)).
(D) Secretary.--The term ``Secretary'' means the
Secretary of Homeland Security.
(2) Establishment.--In accordance with the mission of the
Department under section 101(b) of the Homeland Security Act of
2002 (6 U.S.C. 111(b)), and in particular paragraph (1)(F) of
such section, the Secretary shall establish a standing council
of Department component heads or their designees, to carry out
the duties described in paragraph (3).
(3) Duties of the council.--Pursuant to the scope of the
mission of the Department as described in paragraph (2), the
Council shall provide to the Secretary advice and
recommendations on matters of economic security, including
relating to the following:
[[Page 136 STAT. 3637]]
(A) Identifying concentrated risks for trade and
economic security.
(B) Setting priorities for securing the trade and
economic security of the United States.
(C) Coordinating Department-wide activity on trade
and economic security matters.
(D) With respect to the development of the
continuity of the economy plan of the President under
section 9603 of the William M. (Mac) Thornberry National
Defense Authorization Act of Fiscal Year 2021 (6 U.S.C.
322).
(E) Proposing statutory and regulatory changes
impacting trade and economic security.
(F) Any other matters the Secretary considers
appropriate.
(4) Chair and vice chair.--The Under Secretary for Strategy,
Policy, and Plans of the Department--
(A) shall serve as Chair of the Council; and
(B) may designate a Council member as a Vice Chair.
(5) Meetings.--The Council shall meet not less frequently
than quarterly, as well as--
(A) at the call of the Chair; or
(B) at the direction of the Secretary.
(6) Briefings.--Not later than 180 days after the date of
the enactment of this Act and every 180 days thereafter for four
years, the Council shall brief the Committee on Homeland
Security and Governmental Affairs of the Senate, the Committee
on Homeland Security of the House of Representatives, the
Committee on Finance of the Senate, the Committee on Ways and
Means of the House of Representatives, the Committee on
Commerce, Science, and Transportation of the Senate, and
Committee on Energy and Commerce of the House of Representatives
on the actions and activities of the Council.
(b) Assistant Secretary.--Section 709 of the Homeland Security Act
of 2002 (6 U.S.C. 349) is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection:
``(g) Assistant Secretary.--
``(1) <<NOTE: President.>> In general.--There is
established within the Office of Strategy, Policy, and Plans an
Assistant Secretary, who shall assist the Secretary in carrying
out the duties under paragraph (2) and the responsibilities
under paragraph (3). Notwithstanding section 103(a)(1), the
Assistant Secretary established under this paragraph shall be
appointed by the President without the advice and consent of the
Senate.
``(2) Duties.--At the direction of the Secretary, the
Assistant Secretary established under paragraph (1) shall be
responsible for policy formulation regarding matters relating to
economic security and trade, as such matters relate to the
mission and the operations of the Department.
``(3) Additional responsibilities.--In addition to the
duties specified in paragraph (2), the Assistant Secretary
established under paragraph (1), at the direction of the
Secretary, may--
``(A) oversee--
``(i) coordination of supply chain policy; and
[[Page 136 STAT. 3638]]
``(ii) assessments and reports to Congress
related to critical economic security domains;
``(B) <<NOTE: Coordination.>> coordinate with
stakeholders in other Federal departments and agencies
and nongovernmental entities with trade and economic
security interests, authorities, and responsibilities;
and
``(C) perform such additional duties as the
Secretary or the Under Secretary of Strategy, Policy,
and Plans may prescribe.
``(4) Definitions.--In this subsection:
``(A) Critical economic security domain.--The term
`critical economic security domain' means any
infrastructure, industry, technology, or intellectual
property (or combination thereof) that is essential for
the economic security of the United States.
``(B) Economic security.--The term `economic
security' has the meaning given such term in section
890B(c)(2).''.
(c) <<NOTE: 6 USC 349 note.>> Rule of Construction.--Nothing in
this section or the amendments made by this section may be construed to
affect or diminish the authority otherwise granted to any other officer
of the Department of Homeland Security.
Subtitle C--Enhancing Cybersecurity Training and Operations
SEC. 7121. <<NOTE: 6 USC 665m.>> PRESIDENT'S CUP CYBERSECURITY
COMPETITION.
(a) In General.--The Director of the Cybersecurity and
Infrastructure Security Agency (in this section referred to as the
``Director'') of the Department of Homeland Security is authorized to
hold an annual cybersecurity competition to be known as the ``Department
of Homeland Security Cybersecurity and Infrastructure Security Agency's
President's Cup Cybersecurity Competition'' (in this section referred to
as the ``competition'') for the purpose of identifying, challenging, and
competitively awarding prizes, including cash prizes, to the United
States Government's best cybersecurity practitioners and teams across
offensive and defensive cybersecurity disciplines.
(b) <<NOTE: Compliance.>> Eligibility.--To be eligible to
participate in the competition, an individual shall be a Federal
civilian employee or member of the uniformed services (as such term is
defined in section 2101(3) of title 5, United States Code) and shall
comply with any rules promulgated by the Director regarding the
competition.
(c) Competition Administration.--The Director may enter into a
grant, contract, cooperative agreement, or other agreement with a
private sector for-profit or nonprofit entity or State or local
government agency to administer the competition.
(d) Competition Parameters.--Each competition shall incorporate the
following elements:
(1) Cybersecurity skills outlined in the National Initiative
for Cybersecurity Education Framework, or any successor
framework.
(2) Individual and team events.
(3) Categories demonstrating offensive and defensive cyber
operations, such as software reverse engineering and
exploitation, network operations, forensics, big data analysis,
cyber
[[Page 136 STAT. 3639]]
analysis, cyber defense, cyber exploitation, secure programming,
obfuscated coding, or cyber-physical systems.
(4) Any other elements related to paragraphs (1), (2), or
(3), as determined necessary by the Director.
(e) Use of Funds.--
(1) In general.--In order to further the goals and
objectives of the competition, the Director may use amounts made
available to the Director for the competition for reasonable
expenses for the following:
(A) Advertising, marketing, and promoting the
competition.
(B) Meals for participants and organizers of the
competition if attendance at the meal during the
competition is necessary to maintain the integrity of
the competition.
(C) Promotional items, including merchandise and
apparel.
(D) Consistent with section 4503 of title 5, United
States Code, necessary expenses for the honorary
recognition of competition participants, including
members of the uniformed services.
(E) Monetary and nonmonetary awards for competition
participants, including members of the uniformed
services, subject to subsection (f).
(2) Application.--This subsection shall apply to amounts
appropriated on or after the date of the enactment of this Act.
(f) Prize Limitation.--
(1) Awards by the director.--The Director may make one or
more awards per competition, except that the amount or value of
each shall not exceed $10,000.
(2) Awards by the secretary of homeland security.--The
Secretary of Homeland Security may make one or more awards per
competition, except the amount or the value of each shall not
exceed $25,000.
(3) Regular pay.--A monetary award under this section shall
be in addition to the regular pay of the recipient.
(4) Overall yearly award limit.--The total amount or value
of awards made under this Act during a fiscal year may not
exceed $100,000.
(g) Reporting Requirements.--The Director shall annually provide to
the Committee on Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate a report that includes the following with respect to each
competition conducted in the preceding year:
(1) A description of available amounts.
(2) A description of authorized expenditures.
(3) Information relating to participation.
(4) Information relating to lessons learned, and how such
lessons may be applied to improve cybersecurity operations and
recruitment of the Cybersecurity and Infrastructure Security
Agency of the Department of Homeland Security.
[[Page 136 STAT. 3640]]
SEC. 7122. INDUSTRIAL CONTROL SYSTEMS CYBERSECURITY TRAINING.
(a) In General.--Subtitle A of title XXII of the Homeland Security
Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding at the end the
following new section:
``SEC. 2220E. <<NOTE: 6 USC 665n.>> INDUSTRIAL CONTROL SYSTEMS
CYBERSECURITY TRAINING INITIATIVE.
``(a) Establishment.--
``(1) In general.--The Industrial Control Systems
Cybersecurity Training Initiative (in this section referred to
as the `Initiative') is established within the Agency.
``(2) Purpose.--The purpose of the Initiative is to develop
and strengthen the skills of the cybersecurity workforce related
to securing industrial control systems.
``(b) Requirements.--In carrying out the Initiative, the Director
shall--
``(1) ensure the Initiative includes--
``(A) virtual and in-person trainings and courses
provided at no cost to participants;
``(B) trainings and courses available at different
skill levels, including introductory level courses;
``(C) trainings and courses that cover cyber defense
strategies for industrial control systems, including an
understanding of the unique cyber threats facing
industrial control systems and the mitigation of
security vulnerabilities in industrial control systems
technology; and
``(D) appropriate consideration regarding the
availability of trainings and courses in different
regions of the United States; and
``(2) engage in--
``(A) collaboration with the National Laboratories
of the Department of Energy in accordance with section
309;
``(B) <<NOTE: Consultation.>> consultation with
Sector Risk Management Agencies;
``(C) as appropriate, consultation with private
sector entities with relevant expertise, such as vendors
of industrial control systems technologies; and
``(3) <<NOTE: Consultation.>> consult, to the maximum
extent practicable, with commercial training providers and
academia to minimize the potential for duplication of other
training opportunities.
``(c) Reports.--
``(1) In general.--Not later than one year after the date of
the enactment of this section and annually thereafter, the
Director shall submit to the Committee on Homeland Security of
the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report on the
Initiative.
``(2) Contents.--Each report submitted under paragraph (1)
shall include the following:
``(A) A description of the courses provided under
the Initiative.
``(B) A description of outreach efforts to raise
awareness of the availability of such courses.
``(C) The number of participants in each course.
[[Page 136 STAT. 3641]]
``(D) Voluntarily provided information on the
demographics of participants in such courses, including
by sex, race, and place of residence.
``(E) Information on the participation in such
courses of workers from each critical infrastructure
sector.
``(F) <<NOTE: Plans.>> Plans for expanding access
to industrial control systems education and training,
including expanding access to women and underrepresented
populations, and expanding access to different regions
of the United States.
``(G) <<NOTE: Recommenda- tions.>> Recommendations
regarding how to strengthen the state of industrial
control systems cybersecurity education and training.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the item
relating to section 2220D the following new item:
``Sec. 2220E. Industrial Control Systems Cybersecurity Training
Initiative.''.
SEC. 7123. NATIONAL COMPUTER FORENSICS INSTITUTE REAUTHORIZATION.
Section 822 of the Homeland Security Act of 2002 (6 U.S.C. 383) is
amended--
(1) in subsection (a)--
(A) in the subsection heading, by striking ``In
General'' and inserting ``In General; Mission'';
(B) by striking ``2017 through 2022'' and inserting
``2023 through 2028''; and
(C) by striking the second sentence and inserting
``The Institute's mission shall be to educate, train,
and equip State, local, territorial, and Tribal law
enforcement officers, prosecutors, and judges, as well
as participants in the United States Secret Service's
network of cyber fraud task forces who are Federal
employees, members of the uniformed services, or State,
local, Tribal, or territorial employees, regarding the
investigation and prevention of cybersecurity incidents,
electronic crimes, and related cybersecurity threats,
including through the dissemination of homeland security
information, in accordance with relevant Federal law
regarding privacy, civil rights, and civil liberties
protections.'';
(2) by amending subsection (b) to read as follows:
``(b) Curriculum.--In furtherance of subsection (a), all education
and training of the Institute shall be conducted in accordance with
relevant Federal law regarding privacy, civil rights, and civil
liberties protections. Education and training provided pursuant to
subsection (a) shall relate to the following:
``(1) Investigating and preventing cybersecurity incidents,
electronic crimes, and related cybersecurity threats, including
relating to instances involving illicit use of digital assets
and emerging trends in cybersecurity and electronic crime.
``(2) Conducting forensic examinations of computers, mobile
devices, and other information systems.
``(3) Prosecutorial and judicial considerations related to
cybersecurity incidents, electronic crimes, related
cybersecurity threats, and forensic examinations of computers,
mobile devices, and other information systems.
``(4) Methods to obtain, process, store, and admit digital
evidence in court.''.
[[Page 136 STAT. 3642]]
(3) in subsection (c)--
(A) by striking ``cyber and electronic crime and
related threats is shared with State, local, tribal, and
territorial law enforcement officers and prosecutors''
and inserting ``cybersecurity incidents, electronic
crimes, and related cybersecurity threats is shared with
recipients of education and training provided pursuant
to subsection (a)''; and
(B) by adding at the end the following new sentence:
``When selecting participants for such training, the
Institute shall prioritize, to the extent reasonable and
practicable, providing education and training to
individuals from geographically-diverse jurisdictions
throughout the United States, and the Institute shall
prioritize, to the extent reasonable and practicable,
State, local, tribal, and territorial law enforcement
officers, prosecutors, judges, and other employees.'';
(4) in subsection (d)--
(A) by striking ``State, local, tribal, and
territorial law enforcement officers'' and inserting
``recipients of education and training provided pursuant
to subsection (a)''; and
(B) by striking ``necessary to conduct cyber and
electronic crime and related threat investigations and
computer and mobile device forensic examinations'' and
inserting ``for investigating and preventing
cybersecurity incidents, electronic crimes, and related
cybersecurity threats, and for forensic examinations of
computers, mobile devices, and other information
systems'';
(5) in subsection (e)--
(A) by amending the heading to read as follows:
``Cyber Fraud Task Forces'';
(B) by striking ``Electronic Crime'' and inserting
``Cyber Fraud'';
(C) by striking ``State, local, tribal, and
territorial law enforcement officers'' and inserting
``recipients of education and training provided pursuant
to subsection (a)''; and
(D) by striking ``at'' and inserting ``by''; and
(6) by inserting after subsection (f) the following new
subsections:
``(g) Expenses.--The Director of the United States Secret Service
may pay for all or a part of the education, training, or equipment
provided by the Institute, including relating to the travel,
transportation, and subsistence expenses of recipients of education and
training provided pursuant to subsection (a).
``(h) Annual Reports to Congress.--
``(1) In general.--The Secretary shall include in the annual
report required under section 1116 of title 31, United States
Code, information regarding the activities of the Institute,
including, where possible, the following:
``(A) An identification of jurisdictions with
recipients of the education and training provided
pursuant to subsection (a) during such year.
``(B) Information relating to the costs associated
with that education and training.
``(C) Any information regarding projected future
demand for the education and training provided pursuant
to subsection (a).
[[Page 136 STAT. 3643]]
``(D) Impacts of the activities of the Institute on
the capability of jurisdictions to investigate and
prevent cybersecurity incidents, electronic crimes, and
related cybersecurity threats.
``(E) A description of the nomination process for
potential recipients of the information and training
provided pursuant to subsection (a).
``(F) Any other issues determined relevant by the
Secretary.
``(2) Exception.--Any information required under paragraph
(1) that is submitted as part of the annual budget submitted by
the President to Congress under section 1105 of title 31, United
States Code, is not required to be included in the report
required under paragraph (1).
``(i) Definitions.--In this section:
``(1) Cybersecurity threat.--The term `cybersecurity threat'
has the meaning given such term in section 102 of the
Cybersecurity Act of 2015 (enacted as division N of the
Consolidated Appropriations Act, 2016 (Public Law 114-113; 6
U.S.C. 1501)).
``(2) Incident.--The term `incident' has the meaning given
such term in section 2209(a).
``(3) Information system.--The term `information system' has
the meaning given such term in section 102 of the Cybersecurity
Act of 2015 (enacted as division N of the Consolidated
Appropriations Act, 2016 (Public Law 114-113; 6 U.S.C.
1501(9))).''.
SEC. 7124. REPORT ON CYBERSECURITY ROLES AND RESPONSIBILITIES OF
THE DEPARTMENT OF HOMELAND SECURITY.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Homeland Security, in
coordination with the Director of the Cybersecurity and Infrastructure
Security Agency of the Department of Homeland Security, shall submit to
the Committee on Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate a report on the roles and responsibilities of the Department and
its components relating to cyber incident response.
(b) Contents.--The report required under subsection (a) shall
include the following:
(1) <<NOTE: Review.>> A review of how the cyber incident
response plans under section 2210(c) of the Homeland Security
Act of 2002 (6 U.S.C. 660(c)) are utilized in the Federal
Government's response to a cyber incident.
(2) An explanation of the roles and responsibilities of the
Department of Homeland Security and its components with
responsibility for, or in support of, the Federal Government's
response to a cyber incident, including primary responsibility
for working with impacted private sector entities.
(3) An explanation of which and how authorities of the
Department and its components are utilized in the Federal
Government's response to a cyber incident.
(4) <<NOTE: Recommenda- tions.>> Recommendations to provide
further clarity for roles and responsibilities of the Department
and its components relating to cyber incident response.
[[Page 136 STAT. 3644]]
Subtitle D--Enhancing Transportation and Border Security Operations
SEC. 7131. <<NOTE: 49 USC 44901 note.>> TSA REACHING ACROSS
NATIONALITIES, SOCIETIES, AND LANGUAGES
TO ADVANCE TRAVELER EDUCATION.
(a) <<NOTE: Deadline. Plan.>> In General.--Not later than 180 days
after the date of the enactment of this Act, the Administrator of the
Transportation Security Administration (TSA) shall submit to the
Committee on Homeland Security of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate a plan
to ensure that TSA material disseminated in major airports can be better
understood by more people accessing such airports.
(b) Contents.--The plan required under subsection (a) shall include
the following:
(1) An identification of the most common languages other
than English that are the primary languages of individuals that
travel through or work in each major airport.
(2) A plan to improve--
(A) TSA materials to communicate information in
languages identified pursuant to paragraph (1); and
(B) the communication of TSA material to individuals
with vision or hearing impairments or other possible
barriers to understanding such material.
(c) Considerations.--In developing the plan required under
subsection (a), the Administrator of the TSA, acting through the Office
of Civil Rights and Liberties, Ombudsman, and Traveler Engagement of the
TSA, shall take into consideration data regarding the following:
(1) International enplanements.
(2) Local populations surrounding major airports.
(3) Languages spoken by members of Indian Tribes within each
service area population in which a major airport is located.
(d) <<NOTE: Deadline.>> Implementation.--Not later than 180 days
after the submission of the plan required under subsection (a), the
Administrator of the TSA, in consultation with the owner or operator of
each major airport, shall implement such plan.
(e) <<NOTE: Deadline.>> GAO Review.--Not later than one year after
the implementation pursuant to subsection (d) of the plan required under
subsection (a), the Comptroller General of the United States shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a review of such implementation.
(f) Definitions.--In this section:
(1) Airport.--The term ``airport'' has the meaning given
such term in section 40102 of title 49, United States Code.
(2) Indian tribe.--The term ``Indian Tribe'' has the meaning
given the term ``Indian tribe'' in section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130),
individually identified (including parenthetically) in the list
published most recently as of the date of the enactment of this
Act pursuant to section 104 of that Act (25 U.S.C. 5131).
(3) Major airports.--The term ``major airports'' means
Category X and Category I airports.
[[Page 136 STAT. 3645]]
(4) Non-traveling individual.--The term ``non-traveling
individual'' has the meaning given such term in section 1560.3
of title 49, Code of Federal Regulations.
(5) TSA material.--The term ``TSA material'' means signs,
videos, audio messages, websites, press releases, social media
postings, and other communications published and disseminated by
the Administrator of the TSA in Category X and Category I
airports for use by both traveling and non-traveling
individuals.
SEC. 7132. <<NOTE: 49 USC 44901 note.>> ONE-STOP PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Transportation Security Administration.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and Committee
on Foreign Affairs of the House of Representatives; and
(B) the Committee on Homeland Security and
Governmental Affairs, the Committee on Commerce,
Science, and Transportation, and the Committee on
Foreign Relations of the Senate.
(3) TSA.--The term ``TSA'' means the Transportation Security
Administration of the Department of Homeland Security.
(b) Implementation.--Notwithstanding 44901(a) of title 49, United
States Code, the Administrator, in coordination with the Commissioner of
U.S. Customs and Border Protection and the Secretary of State, may
implement a pilot program at not more than six foreign last point of
departure airports to permit passengers and their accessible property
arriving on direct flights or flight segments originating at such
participating foreign airports to continue on additional flights or
flight segments originating in the United States without additional
security re-screening if--
(1) the initial screening was conducted in accordance with
an aviation security screening agreement described in subsection
(e);
(2) passengers arriving from participating foreign airports
are unable to access their checked baggage until the arrival at
their final destination; and
(3) upon arrival in the United States, passengers arriving
from participating foreign airports do not come into contact
with other arriving international passengers, those passengers'
property, or other persons who have not been screened or
subjected to other appropriate security controls required for
entry into the airport's sterile area.
(c) Requirements for Pilot Program.--In carrying out this section,
the Administrator shall ensure that there is no reduction in the level
of security or specific TSA aviation security standards or requirements
for screening passengers and their property prior to boarding an
international flight bound for the United States, including specific
aviation security standards and requirements regarding the following:
(1) High risk passengers and their property.
(2) Weapons, explosives, and incendiaries.
(3) Screening passengers and property transferring at a
foreign last point of departure airport from another airport
[[Page 136 STAT. 3646]]
and bound for the United States, and addressing any commingling
of such passengers and property with passengers and property
screened under the pilot program described in subsection (b).
(4) Insider risk at foreign last point of departure
airports.
(d) Re-screening of Checked Baggage.--Subject to subsection (f), the
Administrator may determine whether checked baggage arriving from
participating foreign airports referenced in subsection (b) that screen
using an explosives detection system must be re-screened in the United
States by an explosives detection system before such baggage continues
on any additional flight or flight segment.
(e) Aviation Security Screening Agreement.--
(1) <<NOTE: Determination.>> In general.--An aviation
security screening agreement described in this subsection is a
treaty, executive agreement, or non-binding instrument entered
into with a foreign country that delineates and implements
security standards and protocols utilized at a foreign last
point of departure airport that are determined by the
Administrator--
(A) to be comparable to those of the United States;
and
(B) sufficiently effective to enable passengers and
their accessible property to deplane into sterile areas
of airports in the United States without the need for
re-screening.
(2) Non-delegation.--The authority to approve an aviation
security screening agreement may not be delegated below the
level of the Secretary of State, the Secretary of Homeland
Security, or the Administrator.
(f) Re-screening Requirement.--
(1) <<NOTE: Determination.>> In general.--If the
Administrator determines that a foreign country participating in
the aviation security screening agreement has not maintained and
implemented security standards and protocols comparable to those
of the United States at foreign last point of departure airports
at which a pilot program has been established in accordance with
this section, the Administrator shall ensure that passengers and
their property arriving from such airports are re-screened in
the United States, including by using explosives detection
systems in accordance with section 44901(d)(1) of title 49,
United States Code, and implementing regulations and directives,
before such passengers and their property are permitted into
sterile areas of airports in the United States.
(2) Consultation.--If the Administrator has reasonable
grounds to believe the other party to an aviation security
screening agreement has not complied with such agreement, the
Administrator shall request immediate consultation with such
party.
(3) <<NOTE: Deadline. President.>> Suspension or
termination of agreement.--If a satisfactory resolution between
TSA and a foreign country is not reached within 45 days after a
consultation request under paragraph (2) or in the case of the
foreign country's continued or egregious failure to maintain the
security standards and protocols described in paragraph (1), the
President, or with the concurrence of the Secretary of State,
the Secretary of Homeland Security or the Administrator, as
appropriate, shall suspend or terminate the aviation security
screening agreement with such country, as determined appropriate
by the President,
[[Page 136 STAT. 3647]]
the Secretary of Homeland Security, or the Administrator.
The <<NOTE: Notification. Deadline.>> Administrator shall
notify the appropriate congressional committees of such
consultation and suspension or termination, as the case may be,
not later than seven days after such consultation and suspension
or termination.
(g) <<NOTE: Deadline.>> Briefings to Congress.--Not later than 45
days before an aviation security screening agreement described in
subsection (e) enters into force, the Administrator, in coordination
with the Secretary of State, shall submit to the appropriate
congressional committees the following:
(1) <<NOTE: Assessment.>> An aviation security threat
assessment for the country in which such foreign last point of
departure airport is located.
(2) <<NOTE: Plans.>> Information regarding any
corresponding mitigation efforts to address any security issues
identified in such threat assessment, including any plans for
joint covert testing.
(3) Information on potential security vulnerabilities
associated with commencing a pilot program at such foreign last
point of departure airport pursuant to subsection (b) and
mitigation plans to address such potential security
vulnerabilities.
(4) <<NOTE: Assessment.>> An assessment of the impacts such
pilot program will have on aviation security.
(5) <<NOTE: Assessment.>> An assessment of the screening
performed at such foreign last point of departure airport,
including the feasibility of TSA personnel monitoring screening,
security protocols, and standards.
(6) Information regarding identifying the entity or entities
responsible for screening passengers and property at such
foreign last point of departure airport.
(7) The name of the entity or local authority and any
contractor or subcontractor.
(8) Information regarding the screening requirements
relating to such aviation security screening agreement.
(9) Details regarding information sharing mechanisms between
the TSA and such foreign last point of departure airport,
screening authority, or entity responsible for screening
provided for under such aviation security screening agreement.
(10) <<NOTE: Records.>> A copy of the aviation security
screening agreement, which shall identify the foreign last point
of departure airport or airports at which a pilot program under
this section is to be established.
(h) Certifications Relating to the Pilot Program for One-stop
Security.--For each aviation security screening agreement described in
subsection (e), the Administrator, in coordination with the Secretary of
State, shall submit to the appropriate congressional committees the
following:
(1)(A) A certification that such agreement satisfies all of
the requirements specified in subsection (c); or
(B) in the event that one or more of such requirements are
not so satisfied, a description of the unsatisfied requirement
and information on what actions the Administrator will take to
ensure that such remaining requirements are satisfied before
such agreement enters into force.
(2) A certification that TSA and U.S. Customs and Border
Protection have ensured that any necessary physical
modifications or appropriate mitigations exist in the domestic
one-
[[Page 136 STAT. 3648]]
stop security pilot program airport prior to receiving
international passengers from a last point of departure airport
under the aviation security screening agreement.
(3) A certification that a foreign last point of departure
airport covered by an aviation security screening agreement has
an operation to screen all checked bags as required by law,
regulation, or international agreement, including the full
utilization of explosives detection systems to the extent
applicable.
(4) A certification that the Administrator consulted with
stakeholders, including air carriers, aviation nonprofit labor
organizations, airport operators, relevant interagency partners,
and other stakeholders that the Administrator determines
appropriate.
(i) Report to Congress.--Not later than five years after the date of
the enactment of this Act, the Secretary of Homeland Security, in
coordination with the Administrator, shall submit to the appropriate
congressional committees a report regarding the implementation of the
pilot program authorized under this section, including information
relating to the following:
(1) The impact of such program on homeland security and
international aviation security, including any benefits and
challenges of such program.
(2) The impact of such program on passengers, airports, and
air carriers, including any benefits and challenges of such
program.
(3) The impact and feasibility of continuing such program or
expanding it into a more permanent program, including any
benefits and challenges of such continuation or expansion.
(j) Rule of Construction.--Nothing in this section may be construed
as limiting the authority of U.S. Customs and Border Protection to
inspect persons and baggage arriving in the United States in accordance
with applicable law.
(k) Sunset.--The pilot program authorized under this section shall
terminate on the date that is six years after the date of the enactment
of this Act.
SEC. 7133. REPORT ON EFFORTS OF THE DEPARTMENT OF HOMELAND
SECURITY TO DETER VEHICULAR TERRORIST
ATTACKS (DARREN DRAKE).
(a) <<NOTE: Assessments.>> In General.--Not later than one year
after the date of the enactment of this Act, the Secretary of Homeland
Security shall submit to Congress a report on the efforts of the
Department of Homeland Security to deter vehicular terrorist attacks,
including engagement with the private sector and other stakeholders.
Such report shall include assessment of the following:
(1) The impact of such engagement on efforts to protect the
United States against terrorist attacks.
(2) A description of the Department's engagement with
privacy, civil rights, and civil liberties stakeholders.
(3) Ways to improve engagement among the following:
(A) The Department.
(B) Federal, State, local, and Tribal law
enforcement agencies.
(C) Other relevant stakeholders.
[[Page 136 STAT. 3649]]
(b) Format.--The report required under subsection (a) may be
submitted in a classified or protected format, as determined appropriate
by the Secretary of Homeland Security.
SEC. 7134. <<NOTE: 6 USC 257 note.>> DHS ILLICIT CROSS-BORDER
TUNNEL DEFENSE.
(a) Counter Illicit Cross-border Tunnel Operations Strategic Plan.--
(1) <<NOTE: Deadline.>> In general.--Not later than 180
days after the date of the enactment of this Act, the
Commissioner of U.S. Customs and Border Protection, in
coordination with the Under Secretary for Science and
Technology, and, as appropriate, other officials of the
Department of Homeland Security, shall develop a counter illicit
cross-border tunnel operations strategic plan (in this section
referred to as the ``strategic plan'') to address the following:
(A) Risk-based criteria to be used to prioritize the
identification, breach, assessment, and remediation of
illicit cross-border tunnels.
(B) Promote the use of innovative technologies to
identify, breach, assess, and remediate illicit cross-
border tunnels in a manner that, among other
considerations, reduces the impact of such activities on
surrounding communities.
(C) Processes to share relevant illicit cross-border
tunnel location, operations, and technical information.
(D) Indicators of specific types of illicit cross-
border tunnels found in each U.S. Border Patrol sector
identified through operations to be periodically
disseminated to U.S. Border Patrol sector chiefs to
educate field personnel.
(E) A counter illicit cross-border tunnel operations
resource needs assessment that includes consideration of
the following:
(i) Technology needs.
(ii) Staffing needs, including the following:
(I) A position description for
counter illicit cross-border tunnel
operations personnel.
(II) Any specialized skills required
of such personnel.
(III) The number of such full time
personnel, disaggregated by U.S. Border
Patrol sector.
(2) Report to congress on strategic plan.--Not later than
one year after the development of the strategic plan, the
Commissioner of U.S. Customs and Border Protection shall submit
to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on the
implementation of the strategic plan.
(b) <<NOTE: Time period.>> Authorization of Appropriations.--There
is authorized to be appropriated to the Commissioner of U.S. Customs and
Border Protection $1,000,000 for each of fiscal years 2023 and 2024 to
carry out--
(1) the development of the strategic plan; and
(2) remediation operations of illicit cross-border tunnels
in accordance with the strategic plan to the maximum extent
practicable.
[[Page 136 STAT. 3650]]
SEC. 7135. PROVIDING TRAINING FOR U.S. CUSTOMS AND BORDER
PROTECTION PERSONNEL ON THE USE OF
CONTAINMENT DEVICES TO PREVENT SECONDARY
EXPOSURE TO FENTANYL AND OTHER
POTENTIALLY LETHAL SUBSTANCES.
(a) Training.--Paragraph (1) of section 416(b) of the Homeland
Security Act of 2002 (6 U.S.C. 216(b)) is amended by adding at the end
the following new subparagraph:
``(C) How to use containment devices to prevent
potential synthetic opioid exposure.''.
(b) Availability of Containment Devices.--Section 416(c) of the
Homeland Security Act of 2002 (6 U.S.C. 216(c)) is amended--
(1) in the subsection heading, by inserting ``, Containment
Devices,'' after ``Equipment''; and
(2) by striking ``and opioid receptor antagonists, including
naloxone'' and inserting ``, opioid receptor antagonists,
including naloxone, and containment devices''.
(c) <<NOTE: Determination. 6 USC 216 note.>> Applicability to Other
Components.--If the Secretary of Homeland Secretary determines that
officers, agents, other personnel, or canines of a component of the
Department of Homeland Security other than U.S. Customs and Border
Protection are at risk of potential synthetic opioid exposure in the
course of their duties, the head of such component shall carry out the
responsibilities under section 416 of the Homeland Security Act of 2002
(6 U.S.C. 216) in the same manner and to the same degree as the
Commissioner of U.S. Customs and Border Protection carries out such
responsibilities.
SEC. 7136. <<NOTE: 6 USC 225.>> REPORTS, EVALUATIONS, AND
RESEARCH REGARDING DRUG INTERDICTION AT
AND BETWEEN PORTS OF ENTRY.
(a) Research on Additional Technologies to Detect Fentanyl.--Not
later than one year after the date of the enactment of this Act, the
Secretary of Homeland Security, in consultation with the Attorney
General, the Secretary of Health and Human Services, and the Director of
the Office of National Drug Control Policy, shall research additional
technological solutions to--
(1) target and detect illicit fentanyl, fentanyl analogs,
and precursor chemicals, including low-purity fentanyl,
especially in counterfeit pressed tablets, and illicit pill
press molds; and
(2) enhance detection of such counterfeit pressed tablets
through nonintrusive, noninvasive, and other advanced screening
technologies.
(b) Evaluation of Current Technologies and Strategies in Illicit
Drug Interdiction and Procurement Decisions.--
(1) In general.--The Secretary of Homeland Security, in
consultation with the Attorney General, the Secretary of Health
and Human Services, and the Director of the Office of National
Drug Control Policy, shall establish a program to collect
available data and develop metrics to measure how technologies
and strategies used by the Department of Homeland Security, U.S.
Customs and Border Protection, U.S. Immigration and Customs
Enforcement, and other relevant Federal agencies have helped
detect trafficked illicit fentanyl, fentanyl analogs, and
precursor chemicals or deter illicit fentanyl, fentanyl analogs,
and precursor chemicals from being trafficked into the United
States at and between land, air, and sea ports of entry.
[[Page 136 STAT. 3651]]
(2) Considerations.--The data and metrics program
established pursuant to paragraph (1) may consider--
(A) the rate of detection of illicit fentanyl,
fentanyl analogs, and precursor chemicals at land, air,
and sea ports of entry;
(B) investigations and intelligence sharing into the
origins of illicit fentanyl, fentanyl analogs, and
precursor chemicals within the United States; and
(C) other data or metrics considered appropriate by
the Secretary of Homeland Security.
(3) Updates.--The Secretary of Homeland Security, as
appropriate and in the coordination with the officials referred
to in paragraph (1), may update the data and metrics program
established pursuant to paragraph (1).
(4) Reports.--
(A) <<NOTE: Examinations. Analyses.>> Secretary of
homeland security.--Not later than one year after the
date of the enactment of this Act and biennially
thereafter, the Secretary of Homeland Security, in
consultation with the Attorney General, the Secretary of
Health and Human Services, and the Director of the
Office of National Drug Control Policy shall, based on
the data collected and metrics developed pursuant to the
program established pursuant to paragraph (1), submit to
the Committee on Homeland Security, the Committee on
Energy and Commerce, the Committee on Science, Space,
and Technology, and the Committee on the Judiciary of
the House of Representatives and the Committee on
Homeland Security and Governmental Affairs, the
Committee on Commerce, Science, and Transportation, and
the Committee on the Judiciary of the Senate a report
that--
(i) examines and analyzes current
technologies, including pilot technologies,
deployed at land, air, and sea ports of entry to
assess how well such technologies detect, deter,
and address illicit fentanyl, fentanyl analogs,
and precursor chemicals; and
(ii) examines and analyzes current
technologies, including pilot technologies,
deployed between land ports of entry to assess how
well and accurately such technologies detect,
deter, interdict, and address illicit fentanyl,
fentanyl analogs, and precursor chemicals;
(B) <<NOTE: Recommenda- tions.>> Government
accountability office.--Not later than one year after
the submission of each of the first three reports
required under subparagraph (A), the Comptroller General
of the United States shall submit to the Committee on
Homeland Security, the Committee on Energy and Commerce,
the Committee on Science, Space, and Technology, and the
Committee on the Judiciary of the House of
Representatives and the Committee on Homeland Security
and Governmental Affairs, the Committee on Commerce,
Science, and Transportation, and the Committee on the
Judiciary of the Senate a report that evaluates and, as
appropriate, makes recommendations to improve, the
collection of data under the program established
pursuant to paragraph (1) and metrics used in the
subsequent reports required under such subparagraph.
[[Page 136 STAT. 3652]]
Subtitle E--Technical Corrections, Conforming Changes, and Improvements
SEC. 7141. QUADRENNIAL HOMELAND SECURITY REVIEW TECHNICAL
CORRECTIONS.
(a) In General.--Section 707 of the Homeland Security Act of 2002 (6
U.S.C. 347) is amended--
(1) in subsection (a)(3)--
(A) in subparagraph (B), by striking ``and'' after
the semicolon at the end;
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting after subparagraph (B) the
following new subparagraph:
``(C) representatives from appropriate advisory
committees established pursuant to section 871,
including the Homeland Security Advisory Council and the
Homeland Security Science and Technology Advisory
Committee, or otherwise established, including the
Aviation Security Advisory Committee established
pursuant to section 44946 of title 49, United States
Code; and'';
(2) in subsection (b)--
(A) in paragraph (2), by inserting before the
semicolon at the end the following: ``based on the risk
assessment required pursuant to subsection (c)(2)(B)'';
(B) in paragraph (3)--
(i) by inserting ``, to the extent
practicable,'' after ``describe''; and
(ii) by striking ``budget plan'' and inserting
``resources required'';
(C) in paragraph (4)--
(i) by inserting ``, to the extent
practicable,'' after ``identify'';
(ii) by striking ``budget plan required to
provide sufficient resources to successfully'' and
inserting ``resources required to''; and
(iii) by striking the semicolon at the end and
inserting the following: ``, including any
resources identified from redundant, wasteful, or
unnecessary capabilities or capacities that may be
redirected to better support other existing
capabilities or capacities, as the case may be;
and'';
(D) in paragraph (5), by striking ``; and'' and
inserting a period; and
(E) by striking paragraph (6);
(3) in subsection (c)--
(A) in paragraph (1), by striking ``December 31 of
the year'' and inserting ``60 days after the date of the
submission of the President's budget for the fiscal year
after the fiscal year'';
(B) in paragraph (2)--
(i) in subparagraph (B), by striking
``description of the threats to'' and inserting
``risk assessment of'';
(ii) in subparagraph (C), by inserting ``, as
required under subsection (b)(2)'' before the
semicolon at the end;
[[Page 136 STAT. 3653]]
(iii) in subparagraph (D)--
(I) by inserting ``to the extent
practicable,'' before ``a description'';
and
(II) by striking ``budget plan'' and
inserting ``resources required'';
(iv) in subparagraph (F)--
(I) by inserting ``to the extent
practicable,'' before ``a discussion'';
and
(II) by striking ``the status of'';
(v) in subparagraph (G)--
(I) by inserting ``to the extent
practicable,'' before ``a discussion'';
(II) by striking ``the status of'';
(III) by inserting ``and risks''
before ``to national homeland''; and
(IV) by inserting ``and'' after the
semicolon at the end;
(vi) by striking subparagraph (H); and
(vii) by redesignating subparagraph (I) as
subparagraph (H);
(C) by redesignating paragraph (3) as paragraph (4);
and
(D) by inserting after paragraph (2) the following
new paragraph:
``(3) Documentation.--The Secretary shall retain and, upon
request, provide to Congress the following documentation
regarding each quadrennial homeland security review:
``(A) <<NOTE: Records.>> Records regarding the
consultation carried out pursuant to subsection (a)(3),
including the following:
``(i) All written communications, including
communications sent out by the Secretary and
feedback submitted to the Secretary through
technology, online communications tools, in-person
discussions, and the interagency process.
``(ii) Information on how feedback received by
the Secretary informed each such quadrennial
homeland security review.
``(B) Information regarding the risk assessment
required pursuant to subsection (c)(2)(B), including the
following:
``(i) The risk model utilized to generate such
risk assessment.
``(ii) Information, including data used in the
risk model, utilized to generate such risk
assessment.
``(iii) Sources of information, including
other risk assessments, utilized to generate such
risk assessment.
``(iv) Information on assumptions, weighing
factors, and subjective judgments utilized to
generate such risk assessment, together with
information on the rationale or basis thereof.'';
(4) by redesignating subsection (d) as subsection (e); and
(5) by inserting after subsection (c) the following new
subsection:
``(d) <<NOTE: Deadline.>> Review.--Not later than 90 days after the
submission of each report required under subsection (c)(1), the
Secretary shall provide to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security and
[[Page 136 STAT. 3654]]
Governmental Affairs of the Senate information on the degree to which
the findings and recommendations developed in the quadrennial homeland
security review that is the subject of such report were integrated into
the acquisition strategy and expenditure plans for the Department.''.
(b) <<NOTE: 6 USC 347 note.>> Effective Date.--The amendments made
by this Act shall apply with respect to a quadrennial homeland security
review conducted after December 31, 2021.
SEC. 7142. TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS.
The table of contents in section 1(b) of the Homeland Security Act
of 2002 is amended by--
(1) amending the items relating to sections 435 and 436 to
read as follows:
``Sec. 435. Maritime operations coordination plan.
``Sec. 436. Maritime security capabilities assessments.'';
(2) amending the item relating to section 1617 to read as
follows:
``Sec. 1617. Diversified security technology industry marketplace.'';
(3) amending the item relating to section 1621 to read as
follows:
``Sec. 1621. Maintenance validation and oversight.''; and
(4) amending the item relating to section 2103 to read as
follows:
``Sec. 2103. Protection and sharing of information.''.
SEC. 7143. CISA TECHNICAL CORRECTIONS AND IMPROVEMENTS.
(a) Technical Amendment Relating to DOTGOV Act of 2020.--
(1) Amendment.--Section 904(b)(1) of the DOTGOV Act of 2020
(title IX of division U of Public Law <<NOTE: 6 USC 652, 665.>>
116-260) is amended, in the matter preceding subparagraph (A),
by striking ``Homeland Security Act'' and inserting ``Homeland
Security Act of 2002''.
(2) <<NOTE: 6 USC 652 note.>> Effective date.--The
amendment made by paragraph (1) shall take effect as if enacted
as part of the DOTGOV Act of 2020 (title IX of division U of
Public Law 116-260).
(b) Consolidation of Definitions.--
(1) In general.--Title XXII of the Homeland Security Act of
2002 (6 U.S.C. 651 et seq.) is amended by inserting before the
subtitle A heading the following:
``SEC. 2200. <<NOTE: 6 USC 650.>> DEFINITIONS.
``Except as otherwise specifically provided, in this title:
``(1) Agency.--The term `Agency' means the Cybersecurity and
Infrastructure Security Agency.
``(2) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
``(B) the Committee on Homeland Security of the
House of Representatives.
``(3) Cloud service provider.--The term `cloud service
provider' means an entity offering products or services related
to cloud computing, as defined by the National Institute of
Standards and Technology in NIST Special Publication 800-
[[Page 136 STAT. 3655]]
145 and any amendatory or superseding document relating thereto.
``(4) Critical infrastructure information.--The term
`critical infrastructure information' means information not
customarily in the public domain and related to the security of
critical infrastructure or protected systems--
``(A) actual, potential, or threatened interference
with, attack on, compromise of, or incapacitation of
critical infrastructure or protected systems by either
physical or computer-based attack or other similar
conduct (including the misuse of or unauthorized access
to all types of communications and data transmission
systems) that violates Federal, State, or local law,
harms interstate commerce of the United States, or
threatens public health or safety;
``(B) the ability of any critical infrastructure or
protected system to resist such interference,
compromise, or incapacitation, including any planned or
past assessment, projection, or estimate of the
vulnerability of critical infrastructure or a protected
system, including security testing, risk evaluation
thereto, risk management planning, or risk audit; or
``(C) any planned or past operational problem or
solution regarding critical infrastructure or protected
systems, including repair, recovery, reconstruction,
insurance, or continuity, to the extent it is related to
such interference, compromise, or incapacitation.
``(5) Cyber threat indicator.--The term `cyber threat
indicator' means information that is necessary to describe or
identify--
``(A) malicious reconnaissance, including anomalous
patterns of communications that appear to be transmitted
for the purpose of gathering technical information
related to a cybersecurity threat or security
vulnerability;
``(B) a method of defeating a security control or
exploitation of a security vulnerability;
``(C) a security vulnerability, including anomalous
activity that appears to indicate the existence of a
security vulnerability;
``(D) a method of causing a user with legitimate
access to an information system or information that is
stored on, processed by, or transiting an information
system to unwittingly enable the defeat of a security
control or exploitation of a security vulnerability;
``(E) malicious cyber command and control;
``(F) the actual or potential harm caused by an
incident, including a description of the information
exfiltrated as a result of a particular cybersecurity
threat;
``(G) any other attribute of a cybersecurity threat,
if disclosure of such attribute is not otherwise
prohibited by law; or
``(H) any combination thereof.
``(6) Cybersecurity purpose.--The term `cybersecurity
purpose' means the purpose of protecting an information system
or information that is stored on, processed by, or transiting an
information system from a cybersecurity threat or security
vulnerability.
``(7) Cybersecurity risk.--The term `cybersecurity risk'--
[[Page 136 STAT. 3656]]
``(A) means threats to and vulnerabilities of
information or information systems and any related
consequences caused by or resulting from unauthorized
access, use, disclosure, degradation, disruption,
modification, or destruction of such information or
information systems, including such related consequences
caused by an act of terrorism; and
``(B) does not include any action that solely
involves a violation of a consumer term of service or a
consumer licensing agreement.
``(8) Cybersecurity threat.--
``(A) In general.--Except as provided in
subparagraph (B), the term `cybersecurity threat' means
an action, not protected by the First Amendment to the
Constitution of the United States, on or through an
information system that may result in an unauthorized
effort to adversely impact the security, availability,
confidentiality, or integrity of an information system
or information that is stored on, processed by, or
transiting an information system.
``(B) Exclusion.--The term `cybersecurity threat'
does not include any action that solely involves a
violation of a consumer term of service or a consumer
licensing agreement.
``(9) Defensive measure.--
``(A) In general.--Except as provided in
subparagraph (B), the term `defensive measure' means an
action, device, procedure, signature, technique, or
other measure applied to an information system or
information that is stored on, processed by, or
transiting an information system that detects, prevents,
or mitigates a known or suspected cybersecurity threat
or security vulnerability.
``(B) Exclusion.--The term `defensive measure' does
not include a measure that destroys, renders unusable,
provides unauthorized access to, or substantially harms
an information system or information stored on,
processed by, or transiting such information system not
owned by--
``(i) the private entity, as defined in
section 102 of the Cybersecurity Information
Sharing Act of 2015 (6 U.S.C. 1501), operating the
measure; or
``(ii) another entity or Federal entity that
is authorized to provide consent and has provided
consent to that private entity for operation of
such measure.
``(10) Director.--The term `Director' means the Director of
the Cybersecurity and Infrastructure Security Agency.
``(11) Homeland security enterprise.--The term `Homeland
Security Enterprise' means relevant governmental and
nongovernmental entities involved in homeland security,
including Federal, State, local, and Tribal government
officials, private sector representatives, academics, and other
policy experts.
``(12) Incident.--The term `incident' means an occurrence
that actually or imminently jeopardizes, without lawful
authority, the integrity, confidentiality, or availability of
information on an information system, or actually or imminently
jeopardizes, without lawful authority, an information system.
[[Page 136 STAT. 3657]]
``(13) Information sharing and analysis organization.--The
term `Information Sharing and Analysis Organization' means any
formal or informal entity or collaboration created or employed
by public or private sector organizations, for purposes of--
``(A) gathering and analyzing critical
infrastructure information, including information
related to cybersecurity risks and incidents, in order
to better understand security problems and
interdependencies related to critical infrastructure,
including cybersecurity risks and incidents, and
protected systems, so as to ensure the availability,
integrity, and reliability thereof;
``(B) communicating or disclosing critical
infrastructure information, including cybersecurity
risks and incidents, to help prevent, detect, mitigate,
or recover from the effects of an interference, a
compromise, or an incapacitation problem related to
critical infrastructure, including cybersecurity risks
and incidents, or protected systems; and
``(C) voluntarily disseminating critical
infrastructure information, including cybersecurity
risks and incidents, to its members, State, local, and
Federal Governments, or any other entities that may be
of assistance in carrying out the purposes specified in
subparagraphs (A) and (B).
``(14) Information system.--The term `information system'--
``(A) has the meaning given the term in section 3502
of title 44, United States Code; and
``(B) includes industrial control systems, such as
supervisory control and data acquisition systems,
distributed control systems, and programmable logic
controllers.
``(15) Intelligence community.--The term `intelligence
community' has the meaning given the term in section 3(4) of the
National Security Act of 1947 (50 U.S.C. 3003(4)).
``(16) Malicious cyber command and control.--The term
`malicious cyber command and control' means a method for
unauthorized remote identification of, access to, or use of, an
information system or information that is stored on, processed
by, or transiting an information system.
``(17) Malicious reconnaissance.--The term `malicious
reconnaissance' a method for actively probing or passively
monitoring an information system for the purpose of discerning
security vulnerabilities of the information system, if such
method is associated with a known or suspected cybersecurity
threat.
``(18) Managed service provider.--The term `managed service
provider' means an entity that delivers services, such as
network, application, infrastructure, or security services, via
ongoing and regular support and active administration on the
premises of a customer, in the data center of the entity (such
as hosting), or in a third party data center.
``(19) Monitor.--The term `monitor' means to acquire,
identify, or scan, or to possess, information that is stored on,
processed by, or transiting an information system.
``(20) National cybersecurity asset response activities.--
The term `national cybersecurity asset response activities'
means--
[[Page 136 STAT. 3658]]
``(A) furnishing cybersecurity technical assistance
to entities affected by cybersecurity risks to protect
assets, mitigate vulnerabilities, and reduce impacts of
cyber incidents;
``(B) identifying other entities that may be at risk
of an incident and assessing risk to the same or similar
vulnerabilities;
``(C) assessing potential cybersecurity risks to a
sector or region, including potential cascading effects,
and developing courses of action to mitigate such risks;
``(D) facilitating information sharing and
operational coordination with threat response; and
``(E) providing guidance on how best to utilize
Federal resources and capabilities in a timely,
effective manner to speed recovery from cybersecurity
risks.
``(21) National security system.--The term `national
security system' has the meaning given the term in section 11103
of title 40, United States Code.
``(22) Ransomware attack.--The term `ransomware attack'--
``(A) means an incident that includes the use or
threat of use of unauthorized or malicious code on an
information system, or the use or threat of use of
another digital mechanism such as a denial of service
attack, to interrupt or disrupt the operations of an
information system or compromise the confidentiality,
availability, or integrity of electronic data stored on,
processed by, or transiting an information system to
extort a demand for a ransom payment; and
``(B) does not include any such event in which the
demand for payment is--
``(i) not genuine; or
``(ii) made in good faith by an entity in
response to a specific request by the owner or
operator of the information system.
``(23) Sector risk management agency.--The term `Sector Risk
Management Agency' means a Federal department or agency,
designated by law or Presidential directive, with responsibility
for providing institutional knowledge and specialized expertise
of a sector, as well as leading, facilitating, or supporting
programs and associated activities of its designated critical
infrastructure sector in the all hazards environment in
coordination with the Department.
``(24) Security control.--The term `security control' means
the management, operational, and technical controls used to
protect against an unauthorized effort to adversely affect the
confidentiality, integrity, and availability of an information
system or its information.
``(25) Security vulnerability.--The term `security
vulnerability' means any attribute of hardware, software,
process, or procedure that could enable or facilitate the defeat
of a security control.
``(26) Sharing.--The term `sharing' (including all
conjugations thereof) means providing, receiving, and
disseminating (including all conjugations of each such terms).
``(27) SLTT entity.--The term `SLTT entity' means a domestic
government entity that is a State government, local
[[Page 136 STAT. 3659]]
government, Tribal government, territorial government, or any
subdivision thereof.
``(28) Supply chain compromise.--The term `supply chain
compromise' means an incident within the supply chain of an
information system that an adversary can leverage, or does
leverage, to jeopardize the confidentiality, integrity, or
availability of the information system or the information the
system processes, stores, or transmits, and can occur at any
point during the life cycle.''.
(2) Technical and conforming amendments.--The Homeland
Security Act of 2002 (6 U.S.C. 101 et seq.) is amended--
(A) in section 320(d)(3)(C) (6 U.S.C.
195f(d)(3)(C)), by striking ``section 2201'' and
inserting ``section 2200'';
(B) by amending section 2201 (6 U.S.C. 651) to read
as follows:
``SEC. 2201. DEFINITION.
``In this subtitle, the term `Cybersecurity Advisory Committee'
means the advisory committee established under section 2219(a).'';
(C) in section 2202 (6 U.S.C. 652)--
(i) in subsection (a)(1), by striking ``(in
this subtitle referred to as the Agency)'';
(ii) in subsection (b)(1), by striking ``a
Director of Cybersecurity and Infrastructure
Security (in this subtitle referred to as the
`Director')'' and inserting ``the Director''; and
(iii) in subsection (f)--
(I) in paragraph (1), by inserting
``Executive'' before ``Assistant
Director'';
(II) in paragraph (2), by inserting
``Executive'' before ``Assistant
Director''; and
(III) in paragraph (3), by inserting
``Executive'' before ``Assistant
Director'';
(D) in section 2209 (6 U.S.C. 659)--
(i) by striking subsection (a) and inserting
the following:
``(a) Definition.--The term `cybersecurity vulnerability' has the
meaning given the term `security vulnerability' in section 2200.'';
(ii) in subsection (b), by inserting
``Executive'' before ``Assistant Director for
Cybersecurity'';
(iii) in subsection (d)(1)--
(I) in subparagraph (A)(iii), by
striking ``, as that term is defined
under section 3(4) of the National
Security Act of 1947 (50 U.S.C.
3003(4))''; and
(II) in subparagraph (B)(ii), by
striking ``information sharing and
analysis organizations'' and inserting
``Information Sharing and Analysis
Organizations'';
(iv) in subsection (e)(1)(E)(ii)(II), by
striking ``information sharing and analysis
organizations'' and inserting ``Information
Sharing and Analysis Organizations'';
[[Page 136 STAT. 3660]]
(v) in the second subsection (p), by striking
``(p) Coordination on Cybersecurity for SLTT
Entities.--'' and inserting ``(r) Coordination on
Cybersecurity for SLTT Entities.--''; and
(vi) in the second subsection (q), by striking
``(q) Report.--'' and inserting ``(s) Report.--'';
(E) in section 2210 (6 U.S.C. 660)--
(i) in subsection (a), by striking ``section--
'' and all that follows and inserting ``section,
the term `agency information system' means an
information system used or operated by an agency
or by another entity on behalf of an agency.'';
(ii) in subsection (c)--
(I) by striking ``information
sharing and analysis organizations (as
defined in section 2222(5))'' and
inserting ``Information Sharing and
Analysis Organizations''; and
(II) by striking ``(as defined in
section 2209)''; and
(iii) in subsection (e)--
(I) in paragraph (1)(B), by striking
``(as such term is defined in section
2209)''; and
(II) in paragraph (3)(C), by
striking ``(as such term is defined in
section 102 of the Cybersecurity
Information Sharing Act of 2015 (6
U.S.C. 1501))'';
(F) in section 2211 (6 U.S.C. 661), by striking
subsection (h);
(G) in section 2212 (6 U.S.C. 662), by striking
``information sharing and analysis organizations (as
defined in section 2222(5))'' and inserting
``Information Sharing and Analysis Organizations'';
(H) in section 2213(a) (6 U.S.C. 663(a)), by
striking paragraph (4); and
(I) in section 2216 (6 U.S.C. 665b)--
(i) in subsection (d)(2), by striking
``information sharing and analysis organizations''
and inserting ``Information Sharing and Analysis
Organizations''; and
(ii) in subsection (f), by striking
``section:'' and all that follows and inserting
``section, the term `cyber defense operation'
means the defensive activities performed for a
cybersecurity purpose.'';
(J) in section 2218(c)(4)(A) (6 U.S.C. 665d(4)(A)),
by striking ``information sharing and analysis
organizations'' and inserting ``Information Sharing and
Analysis Organizations'';
(K) in section 2220A (6 U.S.C. 665g)--
(i) in subsection (a)--
(I) by striking paragraphs (1), (2),
(5), (6), and (7); and
(II) by redesignating paragraphs
(3), (4), (8), (9), (10), (11), and (12)
as paragraphs (1) through (7),
respectively;
(ii) in subsection (e)(2)(B)(xiv)(II)(aa), by
striking ``information sharing and analysis
organization'' and inserting ``Information Sharing
and Analysis Organization'';
[[Page 136 STAT. 3661]]
(iii) in subsection (p), by striking
``appropriate committees of Congress'' and
inserting ``appropriate congressional
committees''; and
(iv) in subsection (q)(4), in the matter
preceding clause (i), by striking ``appropriate
committees of Congress'' and inserting
``appropriate congressional committees'';
(L) in section 2220C (6 U.S.C. 665i), by striking
subsection (f) and inserting the following:
``(f) Definition.--In this section, the term `industrial control
system' means an information system used to monitor and/or control
industrial processes such as manufacturing, product handling,
production, and distribution, including supervisory control and data
acquisition (SCADA) systems used to monitor and/or control
geographically dispersed assets, distributed control systems (DCSs),
Human-Machine Interfaces (HMIs), and programmable logic controllers that
control localized processes.'';
(M) in section 2222 (6 U.S.C. 671)--
(i) by striking paragraph (3) and inserting
the following:
``(3) Critical infrastructure information.--The term
`critical infrastructure information' has the meaning given the
term in section 2200.'';
(ii) by striking paragraphs (5) and (8); and
(iii) by redesignating paragraphs (6) and (7)
as paragraphs (5) and (6), respectively; and
(N) in section 2240 (6 U.S.C. 681)--
(i) by striking paragraph (2);
(ii) by redesignating paragraphs (3) through
(7) as paragraphs (2) through (6);
(iii) in paragraph (6), as so redesignated, by
striking ``section 2201'' and inserting ``section
2200'';
(iv) by striking paragraph (8), and inserting
the following:
``(7) Federal entity.--The term `Federal entity' has the
meaning given the term in section 102 of the Cybersecurity
Information Sharing Act of 2015 (6 U.S.C. 1501).'';
(v) by striking paragraphs (9) through (12),
(14), (15), and (17); and
(vi) by redesignating paragraphs (13), (16),
(18), and (19) as paragraphs (8), (9), (10), and
(11), respectively.
(3) Table of contents amendments.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (Public Law
107-296; 116 Stat. 2135) is amended--
(A) by inserting before the item relating to
subtitle A of title XXII the following:
``Sec. 2200. Definitions.'';
(B) by striking the item relating to section 2201
and insert the following:
``Sec. 2201. Definition.''; and
(C) by moving the item relating to section 2220D to
appear after the item relating to section 2220C.
(4) Cybersecurity information sharing act of 2015
definitions.--Section 102 of the Cybersecurity Information
Sharing Act of 2015 (6 U.S.C. 1501) is amended--
[[Page 136 STAT. 3662]]
(A) by striking paragraphs (4) through (7) and
inserting the following:
``(4) Cybersecurity purpose.--The term `cybersecurity
purpose' has the meaning given the term in section 2200 of the
Homeland Security Act of 2002.
``(5) Cybersecurity threat.--The term `cybersecurity threat'
has the meaning given the term in section 2200 of the Homeland
Security Act of 2002.
``(6) Cyber threat indicator.--The term `cyber threat
indicator' has the meaning given the term in section 2200 of the
Homeland Security Act of 2002.
``(7) Defensive measure.--The term `defensive measure' has
the meaning given the term in section 2200 of the Homeland
Security Act of 2002.'';
(B) by striking paragraph (9) and inserting the
following:
``(9) Information system.--The term `information system' has
the meaning given the term in section 2200 of the Homeland
Security Act of 2002.''.
(C) by striking paragraphs (11), (12), and (13) and
inserting the following:
``(11) Malicious cyber command and control.--The term
`malicious cyber command and control' has the meaning given the
term in section 2200 of the Homeland Security Act of 2002.
``(12) Malicious reconnaissance.--The term `malicious
reconnaissance' has the meaning given the term in section 2200
of the Homeland Security Act of 2002.
``(13) Monitor.-- The term `monitor' has the meaning given
the term in section 2200 of the Homeland Security Act of
2002.''; and
(D) by striking paragraphs (16) and (17) and
inserting the following:
``(16) Security control.--The term `security control' has
the meaning given the term in section 2200 of the Homeland
Security Act of 2002.
``(17) Security vulnerability.--The term `security
vulnerability' has the meaning given the term in section 2200 of
the Homeland Security Act of 2002.''.
(c) Correction to the Title of the Director of the Cybersecurity and
Infrastructure Security Agency.--The Homeland Security Act of 2002 (6
U.S.C. 101 et seq.) is amended--
(1) in section 523 (6 U.S.C. 3211)--
(A) in subsection (a), in the matter preceding
paragraph (1), by striking ``Director of Cybersecurity
and Infrastructure Security'' and inserting ``Director
of the Cybersecurity and Infrastructure Security
Agency''; and
(B) in subsection (c), by striking ``Director of
Cybersecurity and Infrastructure Security'' and
inserting ``Director of the Cybersecurity and
Infrastructure Security Agency'';
(2) in section 884(d)(4)(A)(ii) (6 U.S.C. 464(d)(4)(A)(ii)),
by striking ``Director of Cybersecurity and Infrastructure
Security'' and inserting ``Director of the Cybersecurity and
Infrastructure Security Agency'';
(3) in section 1801(b) (6 U.S.C. 571(b)), in the second and
third sentences, by striking ``Director of Cybersecurity and
[[Page 136 STAT. 3663]]
Infrastructure Security'' and inserting ``Director of the
Cybersecurity and Infrastructure Security Agency'';
(4) in section 2104(c)(2) (6 U.S.C. 624(c)(2)), by striking
``Director of Cybersecurity and Infrastructure Security'' and
inserting ``Director of the Cybersecurity and Infrastructure
Security Agency'';
(5) in section 2202 (6 U.S.C. 652)--
(A) in subsection (b)(3), by striking ``Director of
Cybersecurity and Infrastructure Security of the
Department'' and inserting ``Director of the
Cybersecurity and Infrastructure Security Agency''; and
(B) in subsection (d), in the matter preceding
paragraph (1), by striking ``Director of Cybersecurity
and Infrastructure Security'' and inserting ``Director
of the Cybersecurity and Infrastructure Security
Agency'';
(6) <<NOTE: 6 USC 655.>> in section 2205, in the matter
preceding paragraph (1), by striking ``Director of Cybersecurity
and Infrastructure Security'' and inserting ``Director of the
Cybersecurity and Infrastructure Security Agency'';
(7) <<NOTE: 6 USC 656.>> in section 2206, by striking
``Director of Cybersecurity and Infrastructure Security'' and
inserting ``Director of the Cybersecurity and Infrastructure
Security Agency''; and
(8) <<NOTE: 6 USC 660.>> in section 2210(c), by striking
``Director of Cybersecurity and Infrastructure Security'' and
inserting ``Director of the Cybersecurity and Infrastructure
Security Agency''.
(d) Additional Technical and Conforming Amendments.--
(1) Federal cybersecurity enhancement act of 2015.--The
Federal Cybersecurity Enhancement Act of 2015 (6 U.S.C. 1521 et
seq.) is amended--
(A) in section 222(4) (6 U.S.C. 1521(4)), by
striking ``section 2209'' and inserting ``section
2200''; and
(B) in section 226(a)(2) (6 U.S.C. 1524(a)(2)), by
striking ``section 102'' and inserting ``section 2200 of
the Homeland Security Act of 2002''.
(2) Federal power act.--Section 219A(a)(1) of the Federal
Power Act (16 U.S.C. 824s-1(a)(1)) is amended by striking
``section 102 of the Cybersecurity Act of 2015 (6 U.S.C. 1501)''
and inserting ``section 2200 of the Homeland Security Act of
2002''.
(3) Infrastructure investment and jobs act.--Section
40124(a)(1) of the Infrastructure Investment and Jobs Act (42
U.S.C. 18723(a)(1)) is amended by striking ``section 102 of the
Cybersecurity Act of 2015 (6 U.S.C. 1051)'' and inserting
``section 2200 of the Homeland Security Act of 2002)''.
(4) Public health service act.--Section 2811(b)(4)(D) of the
Public Health Service Act (42 U.S.C. 300hh-10(b)(4)(D)) is
amended by striking ``section 228(c) of the Homeland Security
Act of 2002 (6 U.S.C. 149(c))'' and inserting ``section 2210(b)
of the Homeland Security Act of 2002 (6 U.S.C. 660(b))''.
(5) William m. (mac) thornberry national defense
authorization act of fiscal year 2021.--Section 9002 of the
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (6 U.S.C. 652a) is amended--
(A) in subsection (a)--
(i) by striking paragraph (5);
(ii) by redesignating paragraphs (6) and (7)
as paragraphs (5) and (6), respectively; and
[[Page 136 STAT. 3664]]
(iii) by amending paragraph (7) to read as
follows:
``(7) Sector risk management agency.--The term `Sector Risk
Management Agency' has the meaning given the term in section
2200 of the Homeland Security Act of 2002.'';
(B) in subsection (c)(3)(B), by striking ``given
such term in section 2201(5) (6 U.S.C. 651(5))'' and
inserting ``given such term in section 2200''; and
(C) in subsection (d), by striking ``section 2215 of
the Homeland Security Act of 2002, as added by this
section'' and inserting ``section 2218 of the Homeland
Security Act of 2002 (6 U.S.C. 665d)''.
(6) National security act of 1947.--Section 113B(b)(4) of
the National Security Act of 1947 (50 U.S.C. 3049a(b)(4)) is
amended by striking section ``226 of the Homeland Security Act
of 2002 (6 U.S.C. 147)'' and inserting ``section 2208 of the
Homeland Security Act of 2002 (6 U.S.C. 658)''.
(7) National defense authorization act for fiscal year
2020.--Section 6503(a)(3) of the National Defense Authorization
Act for Fiscal Year 2020 (50 U.S.C. 3371a(a)(3)) is amended by
striking ``section 102 of the Cybersecurity Information Sharing
Act of 2015 (6 U.S.C. 1501)'' and inserting ``section 2200 of
the Homeland Security Act of 2002''.
(8) IoT cybersecurity improvement act of 2020.--Section 3(8)
of the IoT Cybersecurity Improvement Act of 2020 (15 U.S.C.
278g-3a(8)) is amended by striking ``section 102(17) of the
Cybersecurity Information Sharing Act of 2015 (6 U.S.C.
1501(17))'' and inserting ``section 2200 of the Homeland
Security Act of 2002''.
(9) Small business act.--Section 21(a)(8)(B) of the Small
Business Act (15 U.S.C. 648(a)(8)(B)) is amended by striking
``section 2209(a)'' and inserting ``section 2200''.
(10) Title 46.--Section 70101(2) of title 46, United States
Code, is amended by striking ``section 227 of the Homeland
Security Act of 2002 (6 U.S.C. 148)'' and inserting ``section
2200 of the Homeland Security Act of 2002''.
(e) Clarifying and Technical Amendments to the Cyber Incident
Reporting for Critical Infrastructure Act of 2022.--The Homeland
Security Act of 2002 (6 U.S.C. 101 et seq.) is amended--
(1) in section 2243(6 U.S.C. 681c), by striking subsection
(c) and inserting the following:
``(c) Application of Section 2245.--Section 2245 shall apply in the
same manner and to the same extent to reports and information submitted
under subsections (a) and (b) as it applies to reports and information
submitted under section 2242.''; and
(2) in section 2244(b)(2) (6 U.S.C. 681d(b)(2)), by
inserting ``including that section 2245 shall apply to such
information in the same manner and to the same extent to
information submitted in response to requests under paragraph
(1) as it applies to information submitted under section
2242''after ``section 2242''.
(f) <<NOTE: 6 USC 650 note.>> Rule of Construction.--
(1) Interpretation of technical corrections.--Nothing in the
amendments made by subsections (a) through (d) shall be
construed to alter the authorities, responsibilities, functions,
or activities of any agency (as such term is defined in section
3502 of title 44, United States Code) or officer or employee
[[Page 136 STAT. 3665]]
of the United States on or before the date of enactment of this
Act.
(2) Interpretation of references to definitions.--Any
reference to a term defined in the Homeland Security Act of 2002
(6 U.S.C. 101 et seq.) on the day before the date of enactment
of this Act that is defined in section 2200 of that Act pursuant
to the amendments made under this Act shall be deemed to be a
reference to that term as defined in section 2200 of the
Homeland Security Act of 2002, as added by this Act.
TITLE LXXII--GOVERNMENTAL AFFAIRS
Subtitle A--Intragovernmental Cybersecurity Information Sharing Act
Sec. 7201. Requirement for information sharing agreements.
Subtitle A--Improving Government for America's Taxpayers
Sec. 7211. Government Accountability Office unimplemented priority
recommendations.
Subtitle B--Advancing American AI Act
Sec. 7221. Short title.
Sec. 7222. Purposes.
Sec. 7223. Definitions.
Sec. 7224. Principles and policies for use of artificial intelligence in
Government.
Sec. 7225. Agency inventories and artificial intelligence use cases.
Sec. 7226. Rapid pilot, deployment and scale of applied artificial
intelligence capabilities to demonstrate modernization
activities related to use cases.
Sec. 7227. Enabling entrepreneurs and agency missions.
Sec. 7228. Intelligence community exception.
Subtitle C--Strategic EV Management
Sec. 7231. Short Title.
Sec. 7232. Definitions.
Sec. 7233. Strategic guidance.
Sec. 7234. Study of Federal fleet vehicles.
Subtitle D--Congressionally Mandated Reports
Sec. 7241. Short title.
Sec. 7242. Definitions.
Sec. 7243. Establishment of online portal for congressionally mandated
reports.
Sec. 7244. Federal agency responsibilities.
Sec. 7245. Changing or removing reports.
Sec. 7246. Withholding of information.
Sec. 7247. Implementation.
Sec. 7248. Determination of budgetary effects.
Subtitle A--Intragovernmental Cybersecurity Information Sharing Act
SEC. 7201. <<NOTE: Intragovernmental Cybersecurity and
Counterintelligence Information Sharing
Act. Contracts. 2 USC 4112.>>
REQUIREMENT FOR INFORMATION SHARING
AGREEMENTS.
(a) Short Title.--This section may be cited as the
``Intragovernmental Cybersecurity and Counterintelligence Information
Sharing Act''.
(b) Findings.--Congress finds the following:
(1) The legislative branch, as a separate and equal branch
of the United States Government, is a target of adversary cyber
actors and intelligence services.
(2) The legislative branch relies on the executive branch to
provide timely and urgent tactical and operational information
to ensure that Congress can protect the constitutional
[[Page 136 STAT. 3666]]
officers, personnel, and facilities of Congress and the
institution of Congress more broadly.
(3) The legislative branch currently is not receiving this
information in a timely manner nor as a matter of course.
(c) Definitions.--In this section--
(1) the term ``congressional leadership'' means--
(A) the Majority and Minority Leader of the Senate
with respect to an agreement with the Sergeant at Arms
and Doorkeeper of the Senate or the Secretary of the
Senate; and
(B) the Speaker and Minority Leader of the House of
Representatives with respect to an agreement with the
Chief Administrative Officer of the House of
Representatives or the Sergeant at Arms of the House of
Representatives; and
(2) the terms ``cybersecurity threat'' and ``security
vulnerability'' have the meanings given those terms in section
2200 of the Homeland Security Act of 2002, as added by section
5171 of this division.
(d) <<NOTE: Deadlines.>> Requirement.--
(1) Designation.--
(A) <<NOTE: President.>> In general.--Not later
than 30 days after the date of enactment of this Act,
the President shall designate--
(i) an individual appointed by the President,
by and with the advice and consent of the Senate,
to serve as a single point of contact to the
legislative branch on matters related to tactical
and operational cybersecurity threats and security
vulnerabilities; and
(ii) an individual appointed by the President,
by and with the advice and consent of the Senate,
to serve as a single point of contact to the
legislative branch on matters related to tactical
and operational counterintelligence.
(B) Coordination.--The individuals designated by the
President under subparagraph (A) shall coordinate with
appropriate Executive agencies (as defined in section
105 of title 5, United States Code, including the
Executive Office of the President) and appropriate
officers in the executive branch in entering any
agreement described in paragraph (2).
(2) Information sharing agreements.--
(A) In general.--Not later than 90 days after the
date of enactment of this Act, the individuals
designated by the President under paragraph (1)(A) shall
enter into 1 or more information sharing agreements
with--
(i) the Sergeant at Arms and Doorkeeper of the
Senate with respect to cybersecurity information
sharing, subject to the approval of congressional
leadership and in consultation with the chairman
and the ranking minority member of the Committee
on Rules and Administration of the Senate;
(ii) the Secretary of the Senate with respect
to counterintelligence information sharing,
subject to the approval of congressional
leadership and in consultation with the chairman
and ranking minority member
[[Page 136 STAT. 3667]]
of the Committee on Rules and Administration of
the Senate;
(iii) the Chief Administrative Officer of the
House of Representatives with respect to
cybersecurity information sharing, subject to the
approval of the chair of the Committee on House
Administration of the House of Representatives and
in consultation with the ranking minority member
of the committee and congressional leadership; and
(iv) the Sergeant at Arms of the House of
Representatives with respect to
counterintelligence information sharing, subject
to the approval of the chair of the Committee on
House Administration of the House of
Representatives and in consultation with the
ranking minority member of the committee and
congressional leadership.
(B) <<NOTE: Procedures.>> Purpose.--The agreements
described in subparagraph (A) shall establish procedures
for timely sharing of tactical and operational
cybersecurity threat and security vulnerability
information and planned or ongoing counterintelligence
operations or targeted collection efforts with the
legislative branch.
(3) Implementation.--Not less frequently than semiannually
during the 3-year period beginning on the date of enactment of
this Act, the individuals designated by the President under
paragraph (1)(A) shall meet with the officers referenced in
clauses (i), (ii), (iii), and (iv) of paragraph (2)(A), the
chairman and ranking minority member of the Committee on
Homeland Security and Governmental Affairs of the Senate, with
respect to an agreement with the Sergeant at Arms and Doorkeeper
of the Senate, and the chair and ranking minority member of the
Committee on Oversight and Reform of the House of
Representatives, with respect to an agreement with the Chief
Administrative Officer of the House of Representatives or the
Sergeant at Arms of the House of Representatives, to ensure the
agreements with such officers are being implemented in a manner
consistent with applicable laws, including this Act.
(e) Elements.--
(1) In general.--The parties to an information sharing
agreement under subsection (d)(2) shall jointly develop such
elements of the agreement as the parties find appropriate,
which--
(A) with respect to an agreement covered by
subsection (d)(2)(A)(i) or (ii), shall, at a minimum,
include the applicable elements specified in paragraph
(2); and
(B) with respect to an agreement covered by
subsection (d)(2)(A)(iii) or (iv), may include the
applicable elements specified in paragraph (2).
(2) Elements specified.--The elements specified in this
paragraph are--
(A) direct and timely sharing of technical
indicators and contextual information on cyber threats
and security vulnerabilities, and the means for such
sharing;
(B) direct and timely sharing of counterintelligence
threats and vulnerabilities, including trends of
counterintelligence activity, and the means for such
sharing;
[[Page 136 STAT. 3668]]
(C) identification, by position, of the officials at
the operational and tactical level responsible for daily
management of the agreement;
(D) the ability to seat cybersecurity personnel of
the Office of the Sergeant at Arms and Doorkeeper of the
Senate or the Office of the Chief Administrative Officer
of the House of Representatives at cybersecurity
operations centers within the executive branch; and
(E) any other elements the parties find appropriate.
Subtitle A--Improving Government for America's Taxpayers
SEC. 7211. <<NOTE: 31 USC 719 note.>> GOVERNMENT ACCOUNTABILITY
OFFICE UNIMPLEMENTED PRIORITY
RECOMMENDATIONS.
(a) <<NOTE: Reports.>> In General.--The Comptroller General of the
United States shall, as part of the Comptroller General's annual
reporting to committees of Congress--
(1) consolidate Matters for Congressional Consideration from
the Government Accountability Office in one report organized by
policy topic that includes the amount of time such Matters have
been unimplemented and submit such report to congressional
leadership and the oversight committees of each House;
(2) with respect to the annual letters sent by the
Comptroller General to individual agency heads and relevant
congressional committees on the status of unimplemented priority
recommendations, identify any additional congressional oversight
actions that can help agencies implement such priority
recommendations and address any underlying issues relating to
such implementation;
(3) <<NOTE: Public information.>> make publicly available
the information described in paragraphs (1) and (2); and
(4) <<NOTE: Publication.>> publish any known costs of
unimplemented priority recommendations, if applicable.
(b) Rule of Construction.--Nothing in this section shall be
construed to require reporting relating to unimplemented priority
recommendations or any other report, recommendation, information, or
item relating to any element of the intelligence community, as defined
in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
Subtitle B <<NOTE: Advancing American AI Act.>> --Advancing American AI
Act
SEC. 7221. <<NOTE: 40 USC 11301 note.>> SHORT TITLE.
This subtitle may be cited as the ``Advancing American AI Act''.
SEC. 7222. PURPOSES.
The purposes of this subtitle are to--
(1) encourage agency artificial intelligence-related
programs and initiatives that enhance the competitiveness of the
United States and foster an approach to artificial intelligence
that builds on the strengths of the United States in innovation
and entrepreneurialism;
[[Page 136 STAT. 3669]]
(2) enhance the ability of the Federal Government to
translate research advances into artificial intelligence
applications to modernize systems and assist agency leaders in
fulfilling their missions;
(3) promote adoption of modernized business practices and
advanced technologies across the Federal Government that align
with the values of the United States, including the protection
of privacy, civil rights, and civil liberties; and
(4) test and harness applied artificial intelligence to
enhance mission effectiveness, agency program integrity, and
business practice efficiency.
SEC. 7223. DEFINITIONS.
In this subtitle:
(1) Agency.--The term ``agency'' has the meaning given the
term in section 3502 of title 44, United States Code.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Oversight and Reform of the
House of Representatives; and
(C) the Committee on Homeland Security of the House
of Representatives.
(3) Artificial intelligence.--The term ``artificial
intelligence'' has the meaning given the term in section 238(g)
of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (10 U.S.C. 2358 note).
(4) Artificial intelligence system.--The term ``artificial
intelligence system''--
(A) means any data system, software, application,
tool, or utility that operates in whole or in part using
dynamic or static machine learning algorithms or other
forms of artificial intelligence, whether--
(i) the data system, software, application,
tool, or utility is established primarily for the
purpose of researching, developing, or
implementing artificial intelligence technology;
or
(ii) artificial intelligence capability is
integrated into another system or agency business
process, operational activity, or technology
system; and
(B) does not include any common commercial product
within which artificial intelligence is embedded, such
as a word processor or map navigation system.
(5) Department.--The term ``Department'' means the
Department of Homeland Security.
(6) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
SEC. 7224. PRINCIPLES AND POLICIES FOR USE OF ARTIFICIAL
INTELLIGENCE IN GOVERNMENT.
(a) Guidance.--The Director shall, when developing the guidance
required under section 104(a) of the AI in Government Act of 2020 (title
I of division U of Public Law 116-260), consider--
(1) the considerations and recommended practices identified
by the National Security Commission on Artificial Intelligence
in the report entitled ``Key Considerations for the Responsible
Development and Fielding of AI'', as updated in April 2021;
[[Page 136 STAT. 3670]]
(2) the principles articulated in Executive Order 13960 (85
Fed. Reg. 78939; relating to promoting the use of trustworthy
artificial intelligence in Government); and
(3) the input of--
(A) the Administrator of General Services;
(B) relevant interagency councils, such as the
Federal Privacy Council, the Chief Financial Officers
Council, the Chief Information Officers Council, and the
Chief Data Officers Council;
(C) other governmental and nongovernmental privacy,
civil rights, and civil liberties experts;
(D) academia;
(E) industry technology and data science experts;
and
(F) any other individual or entity the Director
determines to be appropriate.
(b) Department Policies and Processes for Procurement and Use of
Artificial Intelligence-enabled Systems. <<NOTE: Deadline.>> --Not later
than 180 days after the date of enactment of this Act--
(1) the Secretary of Homeland Security, with the
participation of the Chief Procurement Officer, the Chief
Information Officer, the Chief Privacy Officer, and the Officer
for Civil Rights and Civil Liberties of the Department and any
other person determined to be relevant by the Secretary of
Homeland Security, shall issue policies and procedures for the
Department related to--
(A) the acquisition and use of artificial
intelligence; and
(B) considerations for the risks and impacts related
to artificial intelligence-enabled systems, including
associated data of machine learning systems, to ensure
that full consideration is given to--
(i) the privacy, civil rights, and civil
liberties impacts of artificial intelligence-
enabled systems; and
(ii) security against misuse, degradation, or
rending inoperable of artificial intelligence-
enabled systems; and
(2) <<NOTE: Reports.>> the Chief Privacy Officer and the
Officer for Civil Rights and Civil Liberties of the Department
shall report to Congress on any additional staffing or funding
resources that may be required to carry out the requirements of
this subsection.
(c) <<NOTE: Deadline.>> Inspector General.--Not later than 180 days
after the date of enactment of this Act, the Inspector General of the
Department shall identify any training and investments needed to enable
employees of the Office of the Inspector General to continually advance
their understanding of--
(1) artificial intelligence systems;
(2) best practices for governance, oversight, and audits of
the use of artificial intelligence systems; and
(3) how the Office of the Inspector General is using
artificial intelligence to enhance audit and investigative
capabilities, including actions to--
(A) ensure the integrity of audit and investigative
results; and
(B) guard against bias in the selection and conduct
of audits and investigations.
[[Page 136 STAT. 3671]]
(d) Artificial Intelligence Hygiene and Protection of Government
Information, Privacy, Civil Rights, and Civil Liberties.--
(1) <<NOTE: Deadline.>> Establishment.--Not later than 1
year after the date of enactment of this Act, the Director, in
consultation with a working group consisting of members selected
by the Director from appropriate interagency councils, shall
develop an initial means by which to--
(A) <<NOTE: Contracts.>> ensure that contracts for
the acquisition of an artificial intelligence system or
service--
(i) align with the guidance issued to the head
of each agency under section 104(a) of the AI in
Government Act of 2020 (title I of division U of
Public Law 116-260);
(ii) address protection of privacy, civil
rights, and civil liberties;
(iii) address the ownership and security of
data and other information created, used,
processed, stored, maintained, disseminated,
disclosed, or disposed of by a contractor or
subcontractor on behalf of the Federal Government;
and
(iv) include considerations for securing the
training data, algorithms, and other components of
any artificial intelligence system against misuse,
unauthorized alteration, degradation, or rendering
inoperable; and
(B) address any other issue or concern determined to
be relevant by the Director to ensure appropriate use
and protection of privacy and Government data and other
information.
(2) Consultation.--In developing the considerations under
paragraph (1)(A)(iv), the Director shall consult with the
Secretary of Homeland Security, the Secretary of Energy, the
Director of the National Institute of Standards and Technology,
and the Director of National Intelligence.
(3) <<NOTE: Updates.>> Review.--The Director--
(A) should continuously update the means developed
under paragraph (1); and
(B) <<NOTE: Deadlines.>> not later than 2 years
after the date of enactment of this Act and not less
frequently than every 2 years thereafter, shall update
the means developed under paragraph (1).
(4) <<NOTE: Deadlines.>> Briefing.--The Director shall
brief the appropriate congressional committees--
(A) not later than 90 days after the date of
enactment of this Act and thereafter on a quarterly
basis until the Director first implements the means
developed under paragraph (1); and
(B) annually thereafter on the implementation of
this subsection.
(5) Sunset.--This subsection shall cease to be effective on
the date that is 5 years after the date of enactment of this
Act.
SEC. 7225. AGENCY INVENTORIES AND ARTIFICIAL INTELLIGENCE USE
CASES.
(a) <<NOTE: Deadline. Time period. Requirements.>> Inventory.--Not
later than 60 days after the date of enactment of this Act, and
continuously thereafter for a period of 5
[[Page 136 STAT. 3672]]
years, the Director, in consultation with the Chief Information Officers
Council, the Chief Data Officers Council, and other interagency bodies
as determined to be appropriate by the Director, shall require the head
of each agency to--
(1) prepare and maintain an inventory of the artificial
intelligence use cases of the agency, including current and
planned uses;
(2) share agency inventories with other agencies, to the
extent practicable and consistent with applicable law and
policy, including those concerning protection of privacy and of
sensitive law enforcement, national security, and other
protected information; and
(3) <<NOTE: Public information.>> make agency inventories
available to the public, in a manner determined by the Director,
and to the extent practicable and in accordance with applicable
law and policy, including those concerning the protection of
privacy and of sensitive law enforcement, national security, and
other protected information.
(b) <<NOTE: Public information. Website.>> Central Inventory.--The
Director is encouraged to designate a host entity and ensure the
creation and maintenance of an online public directory to--
(1) make agency artificial intelligence use case information
available to the public and those wishing to do business with
the Federal Government; and
(2) identify common use cases across agencies.
(c) Sharing.--The sharing of agency inventories described in
subsection (a)(2) may be coordinated through the Chief Information
Officers Council, the Chief Data Officers Council, the Chief Financial
Officers Council, the Chief Acquisition Officers Council, or other
interagency bodies to improve interagency coordination and information
sharing for common use cases.
(d) Department of Defense.--Nothing in this section shall apply to
the Department of Defense.
SEC. 7226. RAPID PILOT, DEPLOYMENT AND SCALE OF APPLIED ARTIFICIAL
INTELLIGENCE CAPABILITIES TO DEMONSTRATE
MODERNIZATION ACTIVITIES RELATED TO USE
CASES.
(a) <<NOTE: Deadline.>> Identification of Use Cases.--Not later
than 270 days after the date of enactment of this Act, the Director, in
consultation with the Chief Information Officers Council, the Chief Data
Officers Council, the Chief Financial Officers Council, and other
interagency bodies as determined to be appropriate by the Director,
shall identify 4 new use cases for the application of artificial
intelligence-enabled systems to support interagency or intra-agency
modernization initiatives that require linking multiple siloed internal
and external data sources, consistent with applicable laws and policies,
including those relating to the protection of privacy and of sensitive
law enforcement, national security, and other protected information.
(b) Pilot Program.--
(1) Purposes.--The purposes of the pilot program under this
subsection include--
(A) to enable agencies to operate across
organizational boundaries, coordinating between existing
established programs and silos to improve delivery of
the agency mission;
[[Page 136 STAT. 3673]]
(B) to demonstrate the circumstances under which
artificial intelligence can be used to modernize or
assist in modernizing legacy agency systems; and
(C) to leverage commercially available artificial
intelligence technologies that--
(i) operate in secure cloud environments that
can deploy rapidly without the need to replace
existing systems; and
(ii) do not require extensive staff or
training to build.
(2) <<NOTE: Deadline.>> Deployment and pilot.--Not later
than 1 year after the date of enactment of this Act, the
Director, in coordination with the heads of relevant agencies
and Federal entities, including the Administrator of General
Services, the Bureau of Fiscal Service of the Department of the
Treasury, the Council of the Inspectors General on Integrity and
Efficiency, and the Pandemic Response Accountability Committee,
and other officials as the Director determines to be
appropriate, shall ensure the initiation of the piloting of the
4 new artificial intelligence use case applications identified
under subsection (a), leveraging commercially available
technologies and systems to demonstrate scalable artificial
intelligence-enabled capabilities to support the use cases
identified under subsection (a).
(3) <<NOTE: Requirements.>> Risk evaluation and mitigation
plan.--In carrying out paragraph (2), the Director shall require
the heads of agencies to--
(A) evaluate risks in utilizing artificial
intelligence systems; and
(B) develop a risk mitigation plan to address those
risks, including consideration of--
(i) the artificial intelligence system not
performing as expected or as designed;
(ii) the quality and relevancy of the data
resources used in the training of the algorithms
used in an artificial intelligence system;
(iii) the processes for training and testing,
evaluating, validating, and modifying an
artificial intelligence system; and
(iv) the vulnerability of a utilized
artificial intelligence system to unauthorized
manipulation or misuse, including the use of data
resources that substantially differ from the
training data.
(4) Prioritization.--In carrying out paragraph (2), the
Director shall prioritize modernization projects that--
(A) would benefit from commercially available
privacy-preserving techniques, such as use of
differential privacy, federated learning, and secure
multiparty computing; and
(B) otherwise take into account considerations of
civil rights and civil liberties.
(5) <<NOTE: Requirements.>> Privacy protections.--In
carrying out paragraph (2), the Director shall require the heads
of agencies to use privacy-preserving techniques when feasible,
such as differential privacy, federated learning, and secure
multiparty computing, to mitigate any risks to individual
privacy or national security created by a project or data
linkage.
(6) Use case modernization application areas.--Use case
modernization application areas described in paragraph
[[Page 136 STAT. 3674]]
(2) shall include not less than 1 from each of the following
categories:
(A) Applied artificial intelligence to drive agency
productivity efficiencies in predictive supply chain and
logistics, such as--
(i) predictive food demand and optimized
supply;
(ii) predictive medical supplies and equipment
demand and optimized supply; or
(iii) predictive logistics to accelerate
disaster preparedness, response, and recovery.
(B) Applied artificial intelligence to accelerate
agency investment return and address mission-oriented
challenges, such as--
(i) applied artificial intelligence portfolio
management for agencies;
(ii) workforce development and upskilling;
(iii) redundant and laborious analyses;
(iv) determining compliance with Government
requirements, such as with Federal financial
management and grants management, including
implementation of chapter 64 of subtitle V of
title 31, United States Code;
(v) addressing fraud, waste, and abuse in
agency programs and mitigating improper payments;
or
(vi) outcomes measurement to measure economic
and social benefits.
(7) <<NOTE: Deadline.>> Requirements.--Not later than 3
years after the date of enactment of this Act, the Director, in
coordination with the heads of relevant agencies and other
officials as the Director determines to be appropriate, shall
establish an artificial intelligence capability within each of
the 4 use case pilots under this subsection that--
(A) solves data access and usability issues with
automated technology and eliminates or minimizes the
need for manual data cleansing and harmonization
efforts;
(B) continuously and automatically ingests data and
updates domain models in near real-time to help identify
new patterns and predict trends, to the extent possible,
to help agency personnel to make better decisions and
take faster actions;
(C) organizes data for meaningful data visualization
and analysis so the Government has predictive
transparency for situational awareness to improve use
case outcomes;
(D) is rapidly configurable to support multiple
applications and automatically adapts to dynamic
conditions and evolving use case requirements, to the
extent possible;
(E) enables knowledge transfer and collaboration
across agencies; and
(F) preserves intellectual property rights to the
data and output for benefit of the Federal Government
and agencies and protects sensitive personally
identifiable information.
[[Page 136 STAT. 3675]]
(c) <<NOTE: Deadlines.>> Briefing.--Not earlier than 270 days but
not later than 1 year after the date of enactment of this Act, and
annually thereafter for 4 years, the Director shall brief the
appropriate congressional committees on the activities carried out under
this section and results of those activities.
(d) Sunset.--The section shall cease to be effective on the date
that is 5 years after the date of enactment of this Act.
SEC. 7227. ENABLING ENTREPRENEURS AND AGENCY MISSIONS.
(a) Innovative Commercial Items.--Section 880 of the National
Defense Authorization Act for Fiscal Year 2017 (41 U.S.C. 3301 note) is
amended--
(1) in subsection (c), by striking $10,000,000'' and
inserting ``$25,000,000'';
(2) by amending subsection (f) to read as follows:
``(f) Definitions.--In this section--
``(1) the term `commercial product'--
``(A) has the meaning given the term `commercial
item' in section 2.101 of the Federal Acquisition
Regulation; and
``(B) includes a commercial product or a commercial
service, as defined in sections 103 and 103a,
respectively, of title 41, United States Code; and
``(2) the term `innovative' means--
``(A) any new technology, process, or method,
including research and development; or
``(B) any new application of an existing technology,
process, or method.''; and
(3) in subsection (g), by striking ``2022'' and insert
``2027''.
(b) DHS Other Transaction Authority.--Section 831 of the Homeland
Security Act of 2002 (6 U.S.C. 391) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``September 30, 2017'' and inserting
``September 30, 2024''; and
(B) by amending paragraph (2) to read as follows:
``(2) Prototype projects.--The Secretary--
``(A) may, under the authority of paragraph (1),
carry out prototype projects under section 4022 of title
10, United States Code; and
``(B) in applying the authorities of such section
4022, the Secretary shall perform the functions of the
Secretary of Defense as prescribed in such section.'';
(2) in subsection (c)(1), by striking ``September 30, 2017''
and inserting ``September 30, 2024''; and
(3) in subsection (d), by striking ``section 845(e)'' and
all that follows and inserting ``section 4022(e) of title 10,
United States Code.''.
(c) Commercial Off the Shelf Supply Chain Risk Management Tools.--
(1) In general.--The General Services Administration is
encouraged to pilot commercial off the shelf supply chain risk
management tools to improve the ability of the Federal
Government to characterize, monitor, predict, and respond to
specific supply chain threats and vulnerabilities that could
inhibit future Federal acquisition operations.
(2) Consultation.--In carrying out this subsection, the
General Services Administration shall consult with the Federal
[[Page 136 STAT. 3676]]
Acquisition Security Council established under section 1322 of
title 41, United States Code.
SEC. 7228. INTELLIGENCE COMMUNITY EXCEPTION.
Nothing in this subtitle shall apply to any element of the
intelligence community, as defined in section 3 of the National Security
Act of 1947 (50 U.S.C. 3003).
Subtitle C <<NOTE: Strategic EV Management Act of 2022.>> --Strategic EV
Management
SEC. 7231. <<NOTE: 40 USC 601 note.>> SHORT TITLE.
This subtitle may be cited as the ``Strategic EV Management Act of
2022''.
SEC. 7232. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) Agency.--The term ``agency'' has the meaning given the
term in section 551 of title 5, United States Code.
(3) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Oversight and Reform of the
House of Representatives;
(C) the Committee on Environment and Public Works of
the Senate;
(D) the Committee on Energy and Natural Resources of
the Senate;
(E) the Committee on Energy and Commerce of the
House of Representatives;
(F) the Committee on Appropriations of the Senate;
and
(G) the Committee on Appropriations of the House of
Representatives.
(4) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
SEC. 7233. STRATEGIC GUIDANCE.
(a) <<NOTE: Deadline. Coordination. Strategic plan.>> In General.--
Not later than 2 years after the date of enactment of this Act, the
Administrator, in consultation with the Director, shall coordinate with
the heads of agencies to develop a comprehensive, strategic plan for
Federal electric vehicle fleet battery management.
(b) Contents.--The strategic plan required under subsection (a)
shall--
(1) maximize both cost and environmental efficiencies; and
(2) incorporate--
(A) guidelines for optimal charging practices that
will maximize battery longevity and prevent premature
degradation;
(B) guidelines for reusing and recycling the
batteries of retired vehicles;
(C) guidelines for disposing electric vehicle
batteries that cannot be reused or recycled; and
[[Page 136 STAT. 3677]]
(D) any other considerations determined appropriate
by the Administrator and Director.
(c) Modification.--The Administrator, in consultation with the
Director, may periodically update the strategic plan required under
subsection (a) as the Administrator and Director may determine necessary
based on new information relating to electric vehicle batteries that
becomes available.
(d) Consultation.--In developing the strategic plan required under
subsection (a) the Administrator, in consultation with the Director, may
consult with appropriate entities, including--
(1) the Secretary of Energy;
(2) the Administrator of the Environmental Protection
Agency;
(3) the Chair of the Council on Environmental Quality;
(4) scientists who are studying electric vehicle batteries
and reuse and recycling solutions;
(5) laboratories, companies, colleges, universities, or
start-ups engaged in battery use, reuse, and recycling research;
(6) industries interested in electric vehicle battery reuse
and recycling;
(7) electric vehicle equipment manufacturers and recyclers;
and
(8) any other relevant entities, as determined by the
Administrator and Director.
(e) Report.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Administrator and the Director shall
submit to the appropriate congressional committees a report that
describes the strategic plan required under subsection (a).
(2) Briefing.--Not later than 4 years after the date of
enactment of this Act, the Administrator and the Director shall
brief the appropriate congressional committees on the
implementation of the strategic plan required under subsection
(a) across agencies.
SEC. 7234. <<NOTE: Reports.>> STUDY OF FEDERAL FLEET VEHICLES.
Not later than 2 years after the date of enactment of this Act, the
Comptroller General of the United States shall submit to Congress a
report on how the costs and benefits of operating and maintaining
electric vehicles in the Federal fleet compare to the costs and benefits
of operating and maintaining internal combustion engine vehicles.
Subtitle D <<NOTE: Access to Congressionally Mandated Reports Act. 44
USC note prec. 4101.>> --Congressionally Mandated Reports
SEC. 7241. SHORT TITLE.
This subtitle may be cited as the ``Access to Congressionally
Mandated Reports Act''.
SEC. 7242. DEFINITIONS.
In this subtitle:
(1) Congressional leadership.--The term ``congressional
leadership'' means the Speaker, majority leader, and minority
[[Page 136 STAT. 3678]]
leader of the House of Representatives and the majority leader
and minority leader of the Senate.
(2) Congressionally mandated report.--
(A) In general.--The term ``congressionally mandated
report'' means a report of a Federal agency that is
required by statute to be submitted to either House of
Congress or any committee of Congress or subcommittee
thereof.
(B) Exclusions.--
(i) Patriotic and national organizations.--The
term ``congressionally mandated report'' does not
include a report required under part B of subtitle
II of title 36, United States Code.
(ii) Inspectors general.--The term
``congressionally mandated report'' does not
include a report by an office of an inspector
general.
(iii) National security exception.--The term
``congressionally mandated report'' does not
include a report that is required to be submitted
to one or more of the following committees:
(I) The Select Committee on
Intelligence, the Committee on Armed
Services, the Committee on
Appropriations, or the Committee on
Foreign Relations of the Senate.
(II) The Permanent Select Committee
on Intelligence, the Committee on Armed
Services, the Committee on
Appropriations, or the Committee on
Foreign Affairs of the House of
Representatives.
(3) Director.--The term ``Director'' means the Director of
the Government Publishing Office.
(4) Federal agency.--The term ``Federal agency'' has the
meaning given the term ``federal agency'' under section 102 of
title 40, United States Code, but does not include the
Government Accountability Office or an element of the
intelligence community.
(5) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
(6) Reports online portal.--The term ``reports online
portal'' means the online portal established under section
5243(a).
SEC. 7243. ESTABLISHMENT OF ONLINE PORTAL FOR CONGRESSIONALLY
MANDATED REPORTS.
(a) Requirement To Establish Online Portal.--
(1) <<NOTE: Public information. Records.>> In general.--Not
later than 1 year after the date of enactment of this Act, the
Director shall establish and maintain an online portal
accessible by the public that allows the public to obtain
electronic copies of congressionally mandated reports in one
place.
(2) Existing functionality.--To the extent possible, the
Director shall meet the requirements under paragraph (1) by
using existing online portals and functionality under the
authority of the Director in consultation with the Director of
National Intelligence.
(3) Consultation.--In carrying out this subtitle, the
Director shall consult with congressional leadership, the Clerk
of the House of Representatives, the Secretary of the Senate,
[[Page 136 STAT. 3679]]
and the Librarian of Congress regarding the requirements for and
maintenance of congressionally mandated reports on the reports
online portal.
(b) Content and Function.--The Director shall ensure that the
reports online portal includes the following:
(1) Subject to subsection (c), with respect to each
congressionally mandated report, each of the following:
(A) A citation to the statute requiring the report.
(B) An electronic copy of the report, including any
transmittal letter associated with the report, that--
(i) is based on an underlying open data
standard that is maintained by a standards
organization;
(ii) allows the full text of the report to be
searchable; and
(iii) is not encumbered by any restrictions
that would impede the reuse or searchability of
the report.
(C) The ability to retrieve a report, to the extent
practicable, through searches based on each, and any
combination, of the following:
(i) The title of the report.
(ii) The reporting Federal agency.
(iii) The date of publication.
(iv) Each congressional committee or
subcommittee receiving the report, if applicable.
(v) The statute requiring the report.
(vi) Subject tags.
(vii) A unique alphanumeric identifier for the
report that is consistent across report editions.
(viii) The serial number, Superintendent of
Documents number, or other identification number
for the report, if applicable.
(ix) Key words.
(x) Full text search.
(xi) Any other relevant information specified
by the Director.
(D) The date on which the report was required to be
submitted, and on which the report was submitted, to the
reports online portal.
(E) To the extent practicable, a permanent means of
accessing the report electronically.
(2) A means for bulk download of all congressionally
mandated reports.
(3) A means for downloading individual reports as the result
of a search.
(4) An electronic means for the head of each Federal agency
to submit to the reports online portal each congressionally
mandated report of the agency, as required by sections 5244 and
5246.
(5) <<NOTE: List.>> In tabular form, a list of all
congressionally mandated reports that can be searched, sorted,
and downloaded by--
(A) reports submitted within the required time;
(B) reports submitted after the date on which such
reports were required to be submitted; and
(C) to the extent practicable, reports not
submitted.
(c) Noncompliance by Federal Agencies.--
[[Page 136 STAT. 3680]]
(1) Reports not submitted.--If a Federal agency does not
submit a congressionally mandated report to the Director, the
Director shall to the extent practicable--
(A) include on the reports online portal--
(i) the information required under clauses
(i), (ii), (iv), and (v) of subsection (b)(1)(C);
and
(ii) the date on which the report was required
to be submitted; and
(B) include the congressionally mandated report on
the list described in subsection (b)(5)(C).
(2) Reports not in open format.--If a Federal agency submits
a congressionally mandated report that does not meet the
criteria described in subsection (b)(1)(B), the Director shall
still include the congressionally mandated report on the reports
online portal.
(d) Deadline.--The Director shall ensure that information required
to be published on the reports online portal under this subtitle with
respect to a congressionally mandated report or information required
under subsection (c) of this section is published--
(1) not later than 30 days after the information is received
from the Federal agency involved; or
(2) in the case of information required under subsection
(c), not later than 30 days after the deadline under this
subtitle for the Federal agency involved to submit information
with respect to the congressionally mandated report involved.
(e) Exception for Certain Reports.--
(1) <<NOTE: Notification.>> Exception described.--A
congressionally mandated report which is required by statute to
be submitted to a committee of Congress or a subcommittee
thereof, including any transmittal letter associated with the
report, shall not be submitted to or published on the reports
online portal if the chair of a committee or subcommittee to
which the report is submitted notifies the Director in writing
that the report is to be withheld from submission and
publication under this subtitle.
(2) Notice on portal.--If a report is withheld from
submission to or publication on the reports online portal under
paragraph (1), the Director shall post on the portal--
(A) <<NOTE: Statement.>> a statement that the
report is withheld at the request of a committee or
subcommittee involved; and
(B) the written notification provided by the chair
of the committee or subcommittee specified in paragraph
(1).
(f) Free Access.--The Director may not charge a fee, require
registration, or impose any other limitation in exchange for access to
the reports online portal.
(g) Upgrade Capability.--The reports online portal shall be enhanced
and updated as necessary to carry out the purposes of this subtitle.
(h) Submission to Congress.--The submission of a congressionally
mandated report to the reports online portal pursuant to this subtitle
shall not be construed to satisfy any requirement to submit the
congressionally mandated report to Congress, or a committee or
subcommittee thereof.
SEC. 7244. FEDERAL AGENCY RESPONSIBILITIES.
(a) <<NOTE: Records. Time period.>> Submission of Electronic Copies
of Reports.--Not earlier than 30 days or later than 60 days after the
date on which
[[Page 136 STAT. 3681]]
a congressionally mandated report is submitted to either House of
Congress or to any committee of Congress or subcommittee thereof, the
head of the Federal agency submitting the congressionally mandated
report shall submit to the Director the information required under
subparagraphs (A) through (D) of section 5243(b)(1) with respect to the
congressionally mandated report. Notwithstanding section 5246, nothing
in this subtitle shall relieve a Federal agency of any other requirement
to publish the congressionally mandated report on the online portal of
the Federal agency or otherwise submit the congressionally mandated
report to Congress or specific committees of Congress, or subcommittees
thereof.
(b) Guidance.--Not later than 180 days after the date of enactment
of this Act, the Director of the Office of Management and Budget, in
consultation with the Director, shall issue guidance to agencies on the
implementation of this subtitle.
(c) <<NOTE: Compliance.>> Structure of Submitted Report Data.--The
head of each Federal agency shall ensure that each congressionally
mandated report submitted to the Director complies with the guidance on
the implementation of this subtitle issued by the Director of the Office
of Management and Budget under subsection (b).
(d) Point of Contact.--The head of each Federal agency shall
designate a point of contact for congressionally mandated reports.
(e) Requirement for Submission.--The Director shall not publish any
report through the reports online portal that is received from anyone
other than the head of the applicable Federal agency, or an officer or
employee of the Federal agency specifically designated by the head of
the Federal agency.
SEC. 7245. CHANGING OR REMOVING REPORTS.
(a) Limitation on Authority To Change or Remove Reports.--Except as
provided in subsection (b), the head of the Federal agency concerned may
change or remove a congressionally mandated report submitted to be
published on the reports online portal only if--
(1) <<NOTE: Consultation. Determination.>> the head of the
Federal agency consults with each committee of Congress or
subcommittee thereof to which the report is required to be
submitted (or, in the case of a report which is not required to
be submitted to a particular committee of Congress or
subcommittee thereof, to each committee with jurisdiction over
the agency, as determined by the head of the agency in
consultation with the Speaker of the House of Representatives
and the President pro tempore of the Senate) prior to changing
or removing the report; and
(2) a joint resolution is enacted to authorize the change in
or removal of the report.
(b) Exceptions.--Notwithstanding subsection (a), the head of the
Federal agency concerned--
(1) may make technical changes to a report submitted to or
published on the reports online portal;
(2) may remove a report from the reports online portal if
the report was submitted to or published on the reports online
portal in error; and
(3) may withhold information, records, or reports from
publication on the reports online portal in accordance with
section 5246.
[[Page 136 STAT. 3682]]
SEC. 7246. WITHHOLDING OF INFORMATION.
(a) In General.--Nothing in this subtitle shall be construed to--
(1) require the disclosure of information, records, or
reports that are exempt from public disclosure under section 552
of title 5, United States Code, or that are required to be
withheld under section 552a of title 5, United States Code; or
(2) impose any affirmative duty on the Director to review
congressionally mandated reports submitted for publication to
the reports online portal for the purpose of identifying and
redacting such information or records.
(b) Withholding of Information.--
(1) In general.--Consistent with subsection (a)(1), the head
of a Federal agency may withhold from the Director, and from
publication on the reports online portal, any information,
records, or reports that are exempt from public disclosure under
section 552 of title 5, United States Code, or that are required
to be withheld under section 552a of title 5, United States
Code.
(2) National security.--Nothing in this subtitle shall be
construed to require the publication, on the reports online
portal or otherwise, of any report containing information that
is classified, the public release of which could have a harmful
effect on national security, or that is otherwise prohibited.
(3) Law enforcement sensitive.--Nothing in this subtitle
shall be construed to require the publication on the reports
online portal or otherwise of any congressionally mandated
report--
(A) containing information that is law enforcement
sensitive; or
(B) that describe information security policies,
procedures, or activities of the executive branch.
(c) Responsibility for Withholding of Information.--In publishing
congressionally mandated reports to the reports online portal in
accordance with this subtitle, the head of each Federal agency shall be
responsible for withholding information pursuant to the requirements of
this section.
SEC. 7247. IMPLEMENTATION.
(a) Reports Submitted to Congress.--
(1) <<NOTE: Applicability.>> In general.--This subtitle
shall apply with respect to any congressionally mandated report
which--
(A) is required by statute to be submitted to the
House of Representatives, or the Speaker thereof, or the
Senate, or the President or President Pro Tempore
thereof, at any time on or after the date of the
enactment of this Act; or
(B) is included by the Clerk of the House of
Representatives or the Secretary of the Senate (as the
case may be) on the list of reports received by the
House of Representatives or the Senate (as the case may
be) at any time on or after the date of the enactment of
this Act.
(2) Transition rule for previously submitted reports.--To
the extent practicable, the Director shall ensure that any
congressionally mandated report described in paragraph (1) which
was required to be submitted to Congress
[[Page 136 STAT. 3683]]
by a statute enacted before the date of the enactment of this
Act is published on the reports online portal under this
subtitle.
(b) <<NOTE: Applicability.>> Reports Submitted to Committees.--In
the case of congressionally mandated reports which are required by
statute to be submitted to a committee of Congress or a subcommittee
thereof, this subtitle shall apply with respect to--
(1) any such report which is first required to be submitted
by a statute which is enacted on or after the date of the
enactment of this Act; and
(2) <<NOTE: Notification.>> to the maximum extent
practical, any congressionally mandated report which was
required to be submitted by a statute enacted before the date of
enactment of this Act unless--
(A) the chair of the committee, or subcommittee
thereof, to which the report was required to be
submitted notifies the Director in writing that the
report is to be withheld from publication; and
(B) <<NOTE: Publication.>> the Director publishes
the notification on the reports online portal.
(c) Access for Congressional Leadership.--Notwithstanding any
provision of this subtitle or any other provision of law, congressional
leadership shall have access to any congressionally mandated report.
SEC. 7248. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this subtitle, for the purpose of complying
with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this subtitle, submitted for printing in the
Congressional Record by the Chairman of the Senate Budget Committee,
provided that such statement has been submitted prior to the vote on
passage.
TITLE LXXIII--TRANSPORTATION AND INFRASTRUCTURE MATTERS
Subtitle A--Global Catastrophic Risk Management Act of 2022
Sec. 7301. Short title.
Sec. 7302. Definitions.
Sec. 7303. Assessment of global catastrophic risk.
Sec. 7304. Report required.
Sec. 7305. Enhanced catastrophic incident annex.
Sec. 7306. Validation of the strategy through an exercise.
Sec. 7307. Recommendations.
Sec. 7308. Reporting requirements.
Sec. 7309. Rules of construction.
Subtitle B--Technological Hazards Preparedness and Training
Sec. 7311. Short title.
Sec. 7312. Definitions.
Sec. 7313. Assistance and training for communities with technological
hazards and related emerging threats.
Sec. 7314. Authorization of appropriations.
Sec. 7315. Savings provision.
Subtitle C--Other Matters
Sec. 7321. Crisis counseling assistance and training.
[[Page 136 STAT. 3684]]
Subtitle A <<NOTE: Global Catastrophic Risk Management Act of 2022.>> --
Global Catastrophic Risk Management Act of 2022
SEC. 7301. <<NOTE: 6 USC 701 note.>> SHORT TITLE.
This subtitle may be cited as the ``Global Catastrophic Risk
Management Act of 2022''.
SEC. 7302. <<NOTE: 6 USC 821.>> DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Emergency Management Agency.
(2) Basic need.--The term ``basic need''--
(A) means any good, service, or activity necessary
to protect the health, safety, and general welfare of
the civilian population of the United States; and
(B) includes--
(i) food;
(ii) water;
(iii) shelter;
(iv) basic communication services;
(v) basic sanitation and health services; and
(vi) public safety.
(3) Catastrophic incident.--The term ``catastrophic
incident''--
(A) means any natural or man-made disaster that
results in extraordinary levels of casualties or damage,
mass evacuations, or disruption severely affecting the
population, infrastructure, environment, economy,
national morale, or government functions in an area; and
(B) may include an incident--
(i) with a sustained national impact over a
prolonged period of time;
(ii) that may rapidly exceed resources
available to State and local government and
private sector authorities in the impacted area;
or
(iii) that may significantly interrupt
governmental operations and emergency services to
such an extent that national security could be
threatened.
(4) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given such term in section
1016(e) of the Critical Infrastructure Protection Act of 2001
(42 U.S.C. 5195c(e)).
(5) Existential risk.--The term ``existential risk'' means
the potential for an outcome that would result in human
extinction.
(6) Global catastrophic risk.--The term ``global
catastrophic risk'' means the risk of events or incidents
consequential enough to significantly harm or set back human
civilization at the global scale.
(7) Global catastrophic and existential threats.--The term
``global catastrophic and existential threats'' means threats
that with varying likelihood may produce consequences severe
enough to result in systemic failure or destruction of critical
infrastructure or significant harm to human civilization.
Examples of global catastrophic and existential threats include
severe global pandemics, nuclear war, asteroid and comet
impacts,
[[Page 136 STAT. 3685]]
supervolcanoes, sudden and severe changes to the climate, and
intentional or accidental threats arising from the use and
development of emerging technologies.
(8) Indian tribal government.--The term ``Indian Tribal
government'' has the meaning given the term ``Indian tribal
government'' in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122).
(9) Local government; state.--The terms ``local government''
and ``State'' have the meanings given such terms in section 102
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122).
(10) National exercise program.--The term ``national
exercise program'' means activities carried out to test and
evaluate the national preparedness goal and related plans and
strategies as described in section 648(b) of the Post-Katrina
Emergency Management Reform Act of 2006 (6 U.S.C. 748(b)).
(11) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 7303. <<NOTE: 6 USC 822.>> ASSESSMENT OF GLOBAL CATASTROPHIC
RISK.
(a) <<NOTE: Coordination.>> In General.--The Secretary and the
Administrator shall coordinate an assessment of global catastrophic
risk.
(b) Coordination.--When coordinating the assessment under subsection
(a), the Secretary and the Administrator shall coordinate with senior
designees of--
(1) the Assistant to the President for National Security
Affairs;
(2) the Director of the Office of Science and Technology
Policy;
(3) the Secretary of State and the Under Secretary of State
for Arms Control and International Security;
(4) the Attorney General and the Director of the Federal
Bureau of Investigation;
(5) the Secretary of Energy, the Under Secretary of Energy
for Nuclear Security, and the Director of Science;
(6) the Secretary of Health and Human Services, the
Assistant Secretary for Preparedness and Response, and the
Assistant Secretary of Global Affairs;
(7) the Secretary of Commerce, the Under Secretary of
Commerce for Oceans and Atmosphere, and the Under Secretary of
Commerce for Standards and Technology;
(8) the Secretary of the Interior and the Director of the
United States Geological Survey;
(9) the Administrator of the Environmental Protection Agency
and the Assistant Administrator for Water;
(10) the Administrator of the National Aeronautics and Space
Administration;
(11) the Director of the National Science Foundation;
(12) the Secretary of the Treasury;
(13) the Secretary of Defense, the Assistant Secretary of
the Army for Civil Works, and the Chief of Engineers and
Commanding General of the Army Corps of Engineers;
(14) the Chairman of the Joint Chiefs of Staff;
(15) the Administrator of the United States Agency for
International Development;
(16) the Secretary of Transportation; and
[[Page 136 STAT. 3686]]
(17) other stakeholders the Secretary and the Administrator
determine appropriate.
SEC. 7304. <<NOTE: 6 USC 823.>> REPORT REQUIRED.
(a) <<NOTE: Time period.>> In General.--Not later than 1 year after
the date of enactment of this Act, and every 10 years thereafter, the
Secretary, in coordination with the Administrator, shall submit to the
Committee on Homeland Security and Governmental Affairs and the
Committee on Armed Services of the Senate and the Committee on
Transportation and Infrastructure and the Committee on Armed Services of
the House of Representatives a report containing a detailed assessment,
based on the input and coordination required under section 7303, of
global catastrophic and existential risk.
(b) Matters Covered.--Each report required under subsection (a)
shall include--
(1) <<NOTE: Estimates. Time period.>> expert estimates of
cumulative global catastrophic and existential risk in the next
30 years, including separate estimates for the likelihood of
occurrence and potential consequences;
(2) <<NOTE: Analyses. Estimates.>> expert-informed analyses
of the risk of the most concerning specific global catastrophic
and existential threats, including separate estimates, where
reasonably feasible and credible, of each threat for its
likelihood of occurrence and its potential consequences, as well
as associated uncertainties;
(3) <<NOTE: List.>> a comprehensive list of potential
catastrophic or existential threats, including even those that
may have very low likelihood;
(4) <<NOTE: Assessments.>> technical assessments and lay
explanations of the analyzed global catastrophic and existential
risks, including their qualitative character and key factors
affecting their likelihood of occurrence and potential
consequences;
(5) an explanation of any factors that limit the ability of
the Secretary to assess the risk both cumulatively and for
particular threats, and how those limitations may be overcome
through future research or with additional resources, programs,
or authorities;
(6) <<NOTE: Forecast. Time period.>> a forecast of if and
why global catastrophic and existential risk is likely to
increase or decrease significantly in the next 10 years, both
qualitatively and quantitatively, as well as a description of
associated uncertainties;
(7) <<NOTE: Proposals.>> proposals for how the Federal
Government may more adequately assess global catastrophic and
existential risk on an ongoing basis in future years;
(8) <<NOTE: Recommenda- tions.>> recommendations for
legislative actions, as appropriate, to support the evaluation
and assessment of global catastrophic and existential risk; and
(9) other matters deemed appropriate by the Secretary, in
coordination with the Administrator, and based on the input and
coordination required under section 7303.
(c) Consultation Requirement.--In producing the report required
under subsection (a), the Secretary shall--
(1) regularly consult with experts on severe global
pandemics, nuclear war, asteroid and comet impacts,
supervolcanoes, sudden and severe changes to the climate, and
intentional or accidental threats arising from the use and
development of emerging technologies; and
[[Page 136 STAT. 3687]]
(2) share information gained through the consultation
required under paragraph (1) with relevant Federal partners
listed in section 7303(b).
SEC. 7305 <<NOTE: 6 USC 824.>> . ENHANCED CATASTROPHIC INCIDENT
ANNEX.
(a) <<NOTE: Strategy.>> In General.--The Secretary, in coordination
with the Administrator and the Federal partners listed in section
7303(b), shall supplement each Federal Interagency Operational Plan to
include an annex containing a strategy to ensure the health, safety, and
general welfare of the civilian population affected by catastrophic
incidents by--
(1) providing for the basic needs of the civilian population
of the United States that is impacted by catastrophic incidents
in the United States;
(2) coordinating response efforts with State, local, and
Indian Tribal governments, the private sector, and nonprofit
relief organizations;
(3) promoting personal and local readiness and non-reliance
on government relief during periods of heightened tension or
after catastrophic incidents; and
(4) developing international partnerships with allied
nations for the provision of relief services and goods.
(b) Elements of the Strategy.--The strategy required under
subsection (a) shall include a description of--
(1) actions the Federal Government should take to ensure the
basic needs of the civilian population of the United States in a
catastrophic incident are met;
(2) how the Federal Government should coordinate with non-
Federal entities to multiply resources and enhance relief
capabilities, including--
(A) State and local governments;
(B) Indian Tribal governments;
(C) State disaster relief agencies;
(D) State and local disaster relief managers;
(E) State National Guards;
(F) law enforcement and first response entities; and
(G) nonprofit relief services;
(3) actions the Federal Government should take to enhance
individual resiliency to the effects of a catastrophic incident,
which actions shall include--
(A) readiness alerts to the public during periods of
elevated threat;
(B) efforts to enhance domestic supply and
availability of critical goods and basic necessities;
and
(C) information campaigns to ensure the public is
aware of response plans and services that will be
activated when necessary;
(4) efforts the Federal Government should undertake and
agreements the Federal Government should seek with international
allies to enhance the readiness of the United States to provide
for the general welfare;
(5) how the strategy will be implemented should multiple
levels of critical infrastructure be destroyed or taken offline
entirely for an extended period of time; and
(6) the authorities the Federal Government should implicate
in responding to a catastrophic incident.
[[Page 136 STAT. 3688]]
(c) Assumptions.--In designing the strategy under subsection (a),
the Secretary, in coordination with the Administrator and the Federal
partners listed in section 7303(b), shall account for certain factors to
make the strategy operationally viable, including the assumption that--
(1) multiple levels of critical infrastructure have been
taken offline or destroyed by catastrophic incidents or the
effects of catastrophic incidents;
(2) impacted sectors may include--
(A) the transportation sector;
(B) the communication sector;
(C) the energy sector;
(D) the healthcare and public health sector; and
(E) the water and wastewater sector;
(3) State, local, Indian Tribal, and territorial governments
have been equally affected or made largely inoperable by
catastrophic incidents or the effects of catastrophic incidents;
(4) the emergency has exceeded the response capabilities of
State, local, and Indian Tribal governments under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.) and other relevant disaster response laws; and
(5) the United States military is sufficiently engaged in
armed or cyber conflict with State or non-State adversaries, or
is otherwise unable to augment domestic response capabilities in
a significant manner due to a catastrophic incident.
SEC. 7306. <<NOTE: Deadline.>> VALIDATION OF THE STRATEGY THROUGH
AN EXERCISE.
Not later than 1 year after the addition of the annex required under
section 7305, the Administrator shall lead an exercise as part of the
national exercise program to test and enhance the operationalization of
the strategy required under section 7305.
SEC. 7307. RECOMMENDATIONS.
(a) In General.--The Secretary, in coordination with the
Administrator and the Federal partners listed in section 7303(b) of this
title, shall provide recommendations to Congress for--
(1) actions that should be taken to prepare the United
States to implement the strategy required under section 7305,
increase readiness, and address preparedness gaps for responding
to the impacts of catastrophic incidents on citizens of the
United States; and
(2) additional authorities that should be considered for
Federal agencies to more effectively implement the strategy
required under section 7305.
(b) Inclusion in Reports.--The Secretary may include the
recommendations required under subsection (a) in a report submitted
under section 7308.
SEC. 7308. REPORTING REQUIREMENTS.
Not later than 1 year after the date on which the Administrator
leads the exercise under section 7306, the Secretary, in coordination
with the Administrator, shall submit to Congress a report that
includes--
(1) a description of the efforts of the Secretary and the
Administrator to develop and update the strategy required under
section 7305; and
[[Page 136 STAT. 3689]]
(2) an after-action report following the conduct of the
exercise described in section 7306.
SEC. 7309. <<NOTE: 6 USC 825.>> RULES OF CONSTRUCTION.
(a) Administrator.--Nothing in this subtitle shall be construed to
supersede the civilian emergency management authority of the
Administrator under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) or the Post Katrina Emergency
Management Reform Act (6 U.S.C. 701 et seq.).
(b) Secretary.--Nothing in this subtitle shall be construed as
providing new authority to the Secretary, except to coordinate and
facilitate the development of the assessments and reports required
pursuant to this subtitle.
Subtitle B <<NOTE: Technological Hazards Preparedness and Training Act
of 2022.>> --Technological Hazards Preparedness and Training
SEC. 7311. <<NOTE: 42 USC 5121 note.>> SHORT TITLE.
This subtitle may be cited as the ``Technological Hazards
Preparedness and Training Act of 2022''.
SEC. 7312. <<NOTE: 42 USC 5136a note.>> DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Emergency Management Agency.
(2) Indian tribal government.--The term ``Indian Tribal
government'' has the meaning given the term ``Indian tribal
government'' in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122).
(3) Local government; state.--The terms ``local government''
and ``State'' have the meanings given such terms in section 102
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122).
(4) Technological hazard and related emerging threat.--The
term ``technological hazard and related emerging threat''--
(A) means a hazard that involves materials created
by humans that pose a unique hazard to the general
public and environment and which may result from--
(i) an accident;
(ii) an emergency caused by another hazard; or
(iii) intentional use of the hazardous
materials; and
(B) includes a chemical, radiological, biological,
and nuclear hazard.
SEC. 7313. <<NOTE: 42 USC 5136a.>> ASSISTANCE AND TRAINING FOR
COMMUNITIES WITH TECHNOLOGICAL HAZARDS
AND RELATED EMERGING THREATS.
(a) In General.--The Administrator shall maintain the capacity to
provide States, local, and Indian Tribal governments with technological
hazards and related emerging threats technical assistance, training, and
other preparedness programming to build community resilience to
technological hazards and related emerging threats.
[[Page 136 STAT. 3690]]
(b) Authorities.--The Administrator shall carry out subsection (a)
in accordance with--
(1) the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.);
(2) section 1236 of the Disaster Recovery Reform Act of 2018
(42 U.S.C. 5196g); and
(3) the Post-Katrina Emergency Management Reform Act of 2006
(Public Law 109-295; 120 Stat. 1394).
(c) Assessment and Notification.--In carrying out subsection (a),
the Administrator shall--
(1) use any available and appropriate multi-hazard risk
assessment and mapping tools and capabilities to identify the
communities that have the highest risk of and vulnerability to a
technological hazard in each State; and
(2) ensure each State and Indian Tribal government is aware
of--
(A) the communities identified under paragraph (1);
and
(B) the availability of programming under this
section for--
(i) technological hazards and related emerging
threats preparedness; and
(ii) building community capability.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, and annually thereafter, the Administrator shall submit to the
Committee on Homeland Security and Governmental Affairs of the Senate,
the Committee on Appropriations of the Senate, the Committee on Energy
and Natural Resources of the Senate, the Committee on Health, Education,
Labor, and Pensions of the Senate, the Committee on Energy and Commerce
of the House of Representatives, the Committee on Homeland Security of
the House of Representatives, the Committee on Appropriations of the
House of Representatives, and the Committee on Transportation and
Infrastructure of the House of Representatives a report relating to--
(1) actions taken to implement this section; and
(2) <<NOTE: Time period.>> technological hazards and
related emerging threats preparedness programming provided under
this section during the 1-year period preceding the date of
submission of the report.
(e) Consultation.--The Secretary of Homeland Security may seek
continuing input relating to technological hazards and related emerging
threats preparedness needs by consulting State, Tribal, territorial, and
local emergency services organizations and private sector stakeholders.
(f) Coordination.--The Secretary of Homeland Security shall
coordinate with the Secretary of Energy relating to technological hazard
preparedness and training for a hazard that could result from activities
or facilities authorized or licensed by the Department of Energy.
(g) Non-duplication of Effort.--In carrying out activities under
subsection (a), the Administrator shall ensure that such activities do
not unnecessarily duplicate efforts of other Federal departments or
agencies, including programs within the Department of Health and Human
Services.
[[Page 136 STAT. 3691]]
SEC. 7314. <<NOTE: Time period.>> AUTHORIZATION OF
APPROPRIATIONS.
There are authorized to be appropriated to carry out this subtitle
$20,000,000 for each of fiscal years 2023 through 2024.
SEC. 7315. <<NOTE: 42 USC 5136a note.>> SAVINGS PROVISION.
Nothing in this subtitle shall diminish or divert resources from--
(1) the full completion of federally-led chemical surety
material storage missions or chemical demilitarization missions
that are underway as of the date of enactment of this Act; or
(2) any transitional activities or other community
assistance incidental to the completion of the missions
described in paragraph (1).
Subtitle C--Other Matters
SEC. 7321. CRISIS COUNSELING ASSISTANCE AND TRAINING.
(a) Federal Emergency Assistance.--Section 502(a)(6) of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5192(a)(6)) is amended by inserting ``and section 416'' after ``section
408''.
(b) <<NOTE: 42 USC 5192 note.>> Applicability.--The amendment made
by subsection (a) shall only apply to amounts appropriated on or after
the date of enactment of this Act.
DIVISION H--WATER RESOURCES
TITLE LXXXI <<NOTE: Water Resources Development Act of 2022.>> --WATER
RESOURCES DEVELOPMENT ACT OF 2022
SEC. 8001. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 33 USC 2201 note.>> Short Title.--This title may be
cited as the ``Water Resources Development Act of 2022''.
(b) Table of Contents.--The table of contents for this title is as
follows:
Sec. 8001. Short title; table of contents.
Sec. 8002. Secretary defined.
Subtitle A--General Provisions
Sec. 8101. Federal breakwaters and jetties.
Sec. 8102. Emergency response to natural disasters.
Sec. 8103. Shoreline and riverbank protection and restoration mission.
Sec. 8104. Floodplain management services.
Sec. 8105. Public recreational amenities in ecosystem restoration
projects.
Sec. 8106. Scope of feasibility studies.
Sec. 8107. Water supply conservation.
Sec. 8108. Managed aquifer recharge study and working group.
Sec. 8109. Updates to certain water control manuals.
Sec. 8110. National coastal mapping study.
Sec. 8111. Tribal partnership program.
Sec. 8112. Tribal Liaison.
Sec. 8113. Tribal assistance.
Sec. 8114. Cost sharing provisions for the territories and Indian
Tribes.
Sec. 8115. Tribal and Economically Disadvantaged Communities Advisory
Committee.
Sec. 8116. Workforce planning.
Sec. 8117. Corps of Engineers support for underserved communities;
outreach.
[[Page 136 STAT. 3692]]
Sec. 8118. Pilot programs for certain communities.
Sec. 8119. Technical assistance.
Sec. 8120. Technical assistance for levee inspections.
Sec. 8121. Assessment of Corps of Engineers levees.
Sec. 8122. National low-head dam inventory.
Sec. 8123. Expediting hydropower at Corps of Engineers facilities.
Sec. 8124. Reserve component training at water resources development
projects.
Sec. 8125. Payment of pay and allowances of certain officers from
appropriation for improvements.
Sec. 8126. Maintenance dredging permits.
Sec. 8127. Environmental dredging.
Sec. 8128. Assessment of regional confined aquatic disposal facilities.
Sec. 8129. Studies for periodic nourishment.
Sec. 8130. Beneficial use of dredged material; management plans.
Sec. 8131. Criteria for funding operation and maintenance of small,
remote, and subsistence harbors.
Sec. 8132. Additional projects for underserved community harbors.
Sec. 8133. Inland waterways regional dredge pilot program.
Sec. 8134. NEPA reporting.
Sec. 8135. Funding to process permits.
Sec. 8136. Lease durations.
Sec. 8137. Reforestation.
Sec. 8138. Emergency streambank and shoreline protection.
Sec. 8139. Lease deviations.
Sec. 8140. Policy and technical standards.
Sec. 8141. Corps records relating to harmful algal blooms in Lake
Okeechobee, Florida.
Sec. 8142. Forecasting models for the Great Lakes.
Sec. 8143. Monitoring and assessment program for saline lakes in the
Great Basin.
Sec. 8144. Chattahoochee River program.
Sec. 8145. Lower Mississippi River Basin demonstration program.
Sec. 8146. Washington Aqueduct.
Sec. 8147. Water infrastructure public-private partnership pilot
program.
Sec. 8148. Advance payment in lieu of reimbursement for certain Federal
costs.
Sec. 8149. Use of other Federal funds.
Sec. 8150. Non-Federal Interest Advisory Committee.
Sec. 8151. Materials, services, and funds for repair, restoration, or
rehabilitation of certain public recreation facilities.
Sec. 8152. Rehabilitation of pump stations.
Sec. 8153. Report to Congress on Corps of Engineers reservoirs.
Sec. 8154. Temporary relocation assistance pilot program.
Sec. 8155. Continuation of construction.
Sec. 8156. Federal interest determination.
Sec. 8157. Inland waterway projects.
Sec. 8158. Corps of Engineers Western Water Cooperative Committee.
Sec. 8159. Support of Army civil works missions.
Sec. 8160. Civil works research and development.
Sec. 8161. Sense of Congress on operations and maintenance of recreation
sites.
Sec. 8162. Sense of Congress relating to post-disaster repairs.
Subtitle B--Studies and Reports
Sec. 8201. Authorization of proposed feasibility studies.
Sec. 8202. Expedited completion.
Sec. 8203. Expedited modifications of existing feasibility studies.
Sec. 8204. Corps of Engineers reservoir sedimentation assessment.
Sec. 8205. Report and recommendations on dredge capacity.
Sec. 8206. Assessment of impacts from changing operation and maintenance
responsibilities.
Sec. 8207. Maintenance dredging data.
Sec. 8208. Western infrastructure study.
Sec. 8209. Recreation and economic development at Corps facilities in
Appalachia.
Sec. 8210. Ouachita River watershed, Arkansas and Louisiana.
Sec. 8211. Report on Santa Barbara streams, Lower Mission Creek,
California.
Sec. 8212. Disposition study on Salinas Dam and Reservoir, California.
Sec. 8213. Excess lands report for Whittier Narrows Dam, California.
Sec. 8214. Comprehensive central and southern Florida study.
Sec. 8215. Northern estuaries ecosystem restoration, Florida.
Sec. 8216. Study on shellfish habitat and seagrass, Florida Central Gulf
Coast.
Sec. 8217. Report on South Florida ecosystem restoration plan
implementation.
Sec. 8218. Great Lakes recreational boating.
Sec. 8219. Hydraulic evaluation of Upper Mississippi River and Illinois
River.
[[Page 136 STAT. 3693]]
Sec. 8220. Disposition study on hydropower in the Willamette Valley,
Oregon.
Sec. 8221. Houston Ship Channel Expansion Channel Improvement Project,
Texas.
Sec. 8222. Sabine-Neches waterway navigation improvement project, Texas.
Sec. 8223. Norfolk Harbor and Channels, Virginia.
Sec. 8224. Coastal Virginia, Virginia.
Sec. 8225. West Virginia hydropower.
Sec. 8226. Electronic preparation and submission of applications.
Sec. 8227. Investments for recreation areas.
Sec. 8228. Automated fee machines.
Sec. 8229. Review of recreational hazards.
Sec. 8230. Assessment of coastal flooding mitigation modeling and
testing capacity.
Sec. 8231. Report on socially and economically disadvantaged small
business concerns.
Sec. 8232. Report on solar energy opportunities.
Sec. 8233. Report to Congress on economic valuation of preservation of
open space, recreational areas, and habitat associated with
project lands.
Sec. 8234. Report on corrosion prevention activities.
Sec. 8235. Report to Congress on easements related to water resources
development projects.
Sec. 8236. GAO studies.
Sec. 8237. Assessment of forest, rangeland, and watershed restoration
services on lands owned by the Corps of Engineers.
Subtitle C--Deauthorizations and Modifications
Sec. 8301. Deauthorization of inactive projects.
Sec. 8302. Watershed and river basin assessments.
Sec. 8303. Forecast-informed reservoir operations.
Sec. 8304. Lakes program.
Sec. 8305. Invasive species.
Sec. 8306. Maintenance of navigation channels.
Sec. 8307. Project reauthorizations.
Sec. 8308. Special rule for certain beach nourishment projects.
Sec. 8309. Columbia River Basin.
Sec. 8310. Evaluation of hydrologic changes in Souris River Basin.
Sec. 8311. Acequias irrigation systems.
Sec. 8312. Port of Nome, Alaska.
Sec. 8313. St. George, Alaska.
Sec. 8314. Unalaska (Dutch Harbor) Channels, Alaska.
Sec. 8315. Storm damage prevention and reduction, coastal erosion, and
ice and glacial damage, Alaska.
Sec. 8316. St. Francis Lake Control Structure.
Sec. 8317. South Platte River and Tributaries, Adams and Denver
Counties, Colorado.
Sec. 8318. Fruitvale Avenue Railroad Bridge, Alameda, California.
Sec. 8319. Los Angeles County, California.
Sec. 8320. Deauthorization of designated portions of the Los Angeles
County Drainage Area, California.
Sec. 8321. Murrieta Creek, California.
Sec. 8322. Sacramento River Basin, California.
Sec. 8323. San Diego River and Mission Bay, San Diego County,
California.
Sec. 8324. Additional assistance for Eastern Santa Clara Basin,
California.
Sec. 8325. San Francisco Bay, California.
Sec. 8326. South San Francisco Bay Shoreline, California.
Sec. 8327. Delaware shore protection and restoration.
Sec. 8328. St. Johns River Basin, Central and Southern Florida.
Sec. 8329. Little Pass, Clearwater Bay, Florida.
Sec. 8330. Comprehensive Everglades Restoration Plan, Florida.
Sec. 8331. Palm Beach Harbor, Florida.
Sec. 8332. Port Everglades, Florida.
Sec. 8333. South Florida Ecosystem Restoration Task Force.
Sec. 8334. New Savannah Bluff Lock and Dam, Georgia and South Carolina.
Sec. 8335. Little Wood River, Gooding, Idaho.
Sec. 8336. Chicago shoreline protection.
Sec. 8337. Great Lakes and Mississippi River Interbasin project, Brandon
Road, Will County, Illinois.
Sec. 8338. Southeast Des Moines, Southwest Pleasant Hill, Iowa.
Sec. 8339. City of El Dorado, Kansas.
Sec. 8340. Algiers Canal Levees, Louisiana.
Sec. 8341. Mississippi River Gulf Outlet, Louisiana.
Sec. 8342. Camp Ellis, Saco, Maine.
Sec. 8343. Lower Mississippi River comprehensive management study.
[[Page 136 STAT. 3694]]
Sec. 8344. Upper Mississippi River protection.
Sec. 8345. Upper Mississippi River restoration program.
Sec. 8346. Water level management on the Upper Mississippi River and
Illinois Waterway.
Sec. 8347. Mississippi Delta Headwaters, Mississippi.
Sec. 8348. Sense of Congress relating to Okatibbee Lake, Mississippi.
Sec. 8349. Argentine, East Bottoms, Fairfax-Jersey Creek, and North
Kansas Levees units, Missouri River and tributaries at Kansas
Cities, Missouri and Kansas.
Sec. 8350. Lower Missouri River streambank erosion control evaluation
and demonstration projects.
Sec. 8351. Missouri River interception-rearing complexes.
Sec. 8352. Missouri River mitigation project, Missouri, Kansas, Iowa,
and Nebraska.
Sec. 8353. Northern Missouri.
Sec. 8354. Israel River, Lancaster, New Hampshire.
Sec. 8355. Middle Rio Grande flood protection, Bernalillo to Belen, New
Mexico.
Sec. 8356. Ecosystem restoration, Hudson-Raritan Estuary, New York and
New Jersey.
Sec. 8357. Arkansas River corridor, Oklahoma.
Sec. 8358. Copan Lake, Oklahoma.
Sec. 8359. Southwestern Oregon.
Sec. 8360. Yaquina River, Oregon.
Sec. 8361. Lower Blackstone River, Rhode Island.
Sec. 8362. Charleston Harbor, South Carolina.
Sec. 8363. Colleton County, South Carolina.
Sec. 8364. Ensley levee, Tennessee.
Sec. 8365. Wolf River Harbor, Tennessee.
Sec. 8366. Addicks and Barker Reservoirs, Texas.
Sec. 8367. North Padre Island, Corpus Christi Bay, Texas.
Sec. 8368. Nueces County, Texas.
Sec. 8369. Lake Champlain Canal, Vermont and New York.
Sec. 8370. Rehabilitation of Corps of Engineers constructed dams.
Sec. 8371. Puget Sound nearshore ecosystem restoration, Washington.
Sec. 8372. Lower Mud River, Milton, West Virginia.
Sec. 8373. Northern West Virginia.
Sec. 8374. Southern West Virginia.
Sec. 8375. Environmental infrastructure.
Sec. 8376. Additional assistance for critical projects.
Sec. 8377. Conveyances.
Sec. 8378. Land transfer and trust land for Choctaw Nation of Oklahoma.
Sec. 8379. John P. Murtha Locks and Dam.
Sec. 8380. Treatment of certain benefits and costs.
Sec. 8381. Debris removal.
Sec. 8382. General reauthorizations.
Sec. 8383. Transfer of excess credit.
Sec. 8384. Treatment of credit between projects.
Sec. 8385. Non-Federal payment flexibility.
Sec. 8386. Coastal community flood control and other purposes.
Sec. 8387. National levee safety program.
Sec. 8388. Surplus water contracts and water storage agreements.
Sec. 8389. Water supply storage repair, rehabilitation, and replacement
costs.
Sec. 8390. Abandoned and inactive noncoal mine restoration.
Sec. 8391. Asian carp prevention and control pilot program.
Sec. 8392. Enhanced development program.
Sec. 8393. Recreational opportunities at certain projects.
Sec. 8394. Federal assistance.
Sec. 8395. Mississippi River mat sinking unit.
Sec. 8396. Sense of Congress on lease agreement.
Sec. 8397. Expedited completion of projects and studies.
Subtitle D--Water Resources Infrastructure
Sec. 8401. Project authorizations.
Sec. 8402. Special rules.
Sec. 8403. Facility investment.
SEC. 8002. <<NOTE: 33 USC 2201 note.>> SECRETARY DEFINED.
In this title, the term ``Secretary'' means the Secretary of the
Army.
[[Page 136 STAT. 3695]]
Subtitle A--General Provisions
SEC. 8101. <<NOTE: 33 USC 2351b.>> FEDERAL BREAKWATERS AND
JETTIES.
(a) In General.--In carrying out repair or maintenance activity of a
Federal jetty or breakwater associated with an authorized navigation
project, the Secretary shall, notwithstanding the authorized dimensions
of the jetty or breakwater, ensure that such repair or maintenance
activity is sufficient to meet the authorized purpose of such project,
including ensuring that any harbor or inland harbor associated with the
project is protected from projected changes in wave action or height
(including changes that result from relative sea level change over the
useful life of the project).
(b) Classification of Activity.--The Secretary may not classify any
repair or maintenance activity of a Federal jetty or breakwater carried
out under subsection (a) as major rehabilitation of such jetty or
breakwater--
(1) <<NOTE: Determinations.>> if the Secretary determines
that--
(A) projected changes in wave action or height,
including changes that result from relative sea level
change, will diminish the functionality of the jetty or
breakwater to meet the authorized purpose of the
project; and
(B) such repair or maintenance activity is necessary
to restore such functionality; or
(2) if--
(A) the Secretary has not carried out regular and
routine Federal maintenance activity at the jetty or
breakwater; and
(B) the structural integrity of the jetty or
breakwater is degraded as a result of a lack of such
regular and routine Federal maintenance activity.
SEC. 8102. EMERGENCY RESPONSE TO NATURAL DISASTERS.
(a) In General.--Section 5(a)(1) of the Act of August 18, 1941 (33
U.S.C. 701n(a)(1)) is amended by striking ``in the repair and
restoration of any federally authorized hurricane or shore protective
structure'' and all that follows through ``non-Federal sponsor.'' and
inserting ``in the repair and restoration of any federally authorized
hurricane or shore protective structure or project damaged or destroyed
by wind, wave, or water action of other than an ordinary nature to the
pre-storm level of protection, to the design level of protection, or,
notwithstanding the authorized dimensions of the structure or project,
to a level sufficient to meet the authorized purpose of such structure
or project, whichever provides greater protection, when, in the
discretion of the Chief of Engineers, such repair and restoration is
warranted for the adequate functioning of the structure or project for
hurricane or shore protection, including to ensure the structure or
project is functioning adequately to protect against projected changes
in wave action or height or storm surge (including changes that result
from relative sea level change over the useful life of the structure or
project), subject to the condition that the Chief of Engineers may, if
requested by the non-Federal sponsor, include modifications to the
structure or project (including the addition of new project features) to
address major deficiencies, increase resilience, increase benefits from
the reduction of damages from inundation, wave action, or
[[Page 136 STAT. 3696]]
erosion, or implement nonstructural alternatives to the repair or
restoration of the structure.''.
(b) <<NOTE: 33 USC 701n note.>> Great Lakes Advance Measures
Assistance.--
(1) In general.--The Secretary shall not deny a request from
the Governor of a Great Lakes State to provide advance measures
assistance pursuant to section 5(a) of the Act of August 18,
1941 (33 U.S.C. 701n(a)) to reduce the risk of damage from
rising water levels in the Great Lakes solely on the basis that
the damage is caused by erosion.
(2) Federal share.--Assistance provided by the Secretary
pursuant to a request described in paragraph (1) shall be at
Federal expense if the assistance is for the construction of
advance measures to a temporary construction standard.
(3) Great lakes state defined.--In this subsection, the term
``Great Lakes State'' means the State of Illinois, Indiana,
Michigan, Minnesota, New York, Ohio, Pennsylvania, or Wisconsin.
SEC. 8103. SHORELINE AND RIVERBANK PROTECTION AND RESTORATION
MISSION.
(a) In General.--Section 212 of the Water Resources Development Act
of 1999 (33 U.S.C. 2332) is amended--
(1) in the section heading, by striking ``flood mitigation
and riverine restoration program'' and inserting ``shoreline and
riverine protection and restoration'';
(2) by striking subsection (a) and inserting the following:
``(a) <<NOTE: Studies.>> In General.--The Secretary may carry out
studies and projects to--
``(1) reduce flood and hurricane and storm damage hazards;
or
``(2) restore the natural functions and values of rivers and
shorelines throughout the United States.'';
(3) in subsection (b)--
(A) by striking paragraph (1) and inserting the
following:
``(1) Authority.--
``(A) Studies.--In carrying out subsection (a), the
Secretary may carry out studies to identify appropriate
measures for--
``(i) the reduction of flood and hurricane and
storm damage hazards, including measures for
erosion mitigation and bank stabilization; or
``(ii) the conservation and restoration of the
natural functions and values of rivers and
shorelines.
``(B) Projects.--Subject to subsection (f)(2), in
carrying out subsection (a), the Secretary may design
and implement projects described in subsection (a).'';
(B) in paragraph (3), by striking ``flood damages''
and inserting ``flood and hurricane and storm damages,
including the use of natural features or nature-based
features''; and
(C) in paragraph (4)--
(i) by inserting ``and hurricane and storm''
after ``flood'';
(ii) by inserting ``, shoreline,'' after
``riverine''; and
(iii) by inserting ``and coastal barriers''
after ``floodplains'';
[[Page 136 STAT. 3697]]
(4) in subsection (c)--
(A) in paragraph (1), by inserting ``, except that
the first $200,000 of the costs of a study conducted
under this section shall be at Federal expense'' before
the period;
(B) in paragraph (2)--
(i) in the paragraph heading, by striking
``flood control''; and
(ii) by striking subparagraph (A) and
inserting the following:
``(A) In general.--Design and construction of a
project under this section that includes a nonstructural
measure, a natural feature or nature-based feature, or
an environmental restoration measure, shall be subject
to cost sharing in accordance with section 103 of the
Water Resources Development Act of 1986 (33 U.S.C.
2213), except that the non-Federal share of the cost to
design and construct such a project benefitting an
economically disadvantaged community (including
economically disadvantaged communities located in urban
and rural areas) shall be 10 percent.''; and
(C) in paragraph (3)--
(i) in the paragraph heading, by inserting
``or hurricane and storm damage reduction'' after
``flood control'';
(ii) by inserting ``or hurricane and storm
damage reduction'' after ``flood control'' ; and
(iii) by striking ``section 103(a) of the
Water Resources Development Act of 1986 (33 U.S.C.
2213(a))'' and inserting ``section 103 of the
Water Resources Development Act of 1986 (33 U.S.C.
2213), except that the non-Federal share of the
cost to design and construct such a project
benefitting an economically disadvantaged
community (including economically disadvantaged
communities located in urban and rural areas)
shall be 10 percent'';
(5) by striking subsection (d) and inserting the following:
``(d) <<NOTE: Determination.>> Project Justification.--
Notwithstanding any requirement for economic justification established
under section 209 of the Flood Control Act of 1970 (42 U.S.C. 1962-2),
the Secretary may implement a project under this section if the
Secretary determines that the project--
``(1) will significantly reduce potential flood, hurricane
and storm, or erosion damages;
``(2) will improve the quality of the environment; and
``(3) is justified considering all costs and beneficial
outputs of the project.'';
(6) in subsection (e)--
(A) in the subsection heading, by striking
``Priority Areas'' and inserting ``Areas for
Examination'';
(B) by redesignating paragraphs (1) through (33) as
subparagraphs (A) through (GG), respectively, and
adjusting the margins appropriately;
(C) by striking ``In carrying out'' and inserting
the following:
``(1) In general.--In carrying out''; and
(D) by adding at the end the following:
[[Page 136 STAT. 3698]]
``(2) <<NOTE: State listing.>> Priority projects.--In
carrying out this section, the Secretary shall prioritize
projects for the following locations:
``(A) Delaware beaches and watersheds, Delaware.
``(B) Louisiana Coastal Area, Louisiana.
``(C) Great Lakes Shores and Watersheds.
``(D) Oregon Coastal Area and Willamette River
basin, Oregon.
``(E) Upper Missouri River Basin.
``(F) Ohio River Tributaries and their watersheds,
West Virginia.
``(G) Chesapeake Bay watershed and Maryland beaches,
Maryland.
``(H) City of Southport, North Carolina.
``(I) Maumee River, Ohio.
``(J) Los Angeles and San Gabriel Rivers,
California.
``(K) Kentucky River and its tributaries and
watersheds.'';
(7) by striking subsections (f), (g), and (i);
(8) by redesignating subsection (h) as subsection (f);
(9) in subsection (f) (as so redesignated), by striking
paragraph (2) and inserting the following:
``(2) Projects requiring specific authorization.--If the
Federal share of the cost to design and construct a project
under this section exceeds $15,000,000, the Secretary may only
carry out the project if Congress enacts a law authorizing the
Secretary to carry out the project.''; and
(10) by adding at the end the following:
``(g) Definitions.--In this section:
``(1) Economically disadvantaged community.--The term
`economically disadvantaged community' has the meaning given the
term as defined by the Secretary under section 160 of the Water
Resources Development Act of 2020 (33 U.S.C. 2201 note).
``(2) Natural feature; nature-based feature.--The terms
`natural feature' and `nature-based feature' have the meanings
given those terms in section 1184(a) of the Water Resources
Development Act of 2016 (33 U.S.C. 2289a(a)).''.
(b) Clerical Amendment.--The table of contents contained in section
1(b) of the Water Resources Development Act of 1999 (113 Stat. 269) is
amended by striking the item relating to section 212 and inserting the
following:
``Sec. 212. Shoreline and riverine protection and restoration.''.
SEC. 8104. FLOODPLAIN MANAGEMENT SERVICES.
Section 206 of the Flood Control Act of 1960 (33 U.S.C. 709a) is
amended--
(1) by striking ``Sec. 206. (a) In recognition'' and
inserting the following:
``SEC. 206. INFORMATION ON FLOODS AND FLOOD DAMAGE.
``(a) Compilation and Dissemination.--
``(1) In general.--In recognition'';
(2) in subsection (a)--
(A) in the second sentence, by striking ``Surveys
and guides'' and inserting the following:
``(2) Surveys and guides.--Surveys and guides'';
[[Page 136 STAT. 3699]]
(B) in the first sentence, by inserting
``identification of areas subject to floods due to
accumulated snags and other debris,'' after ``inundation
by floods of various magnitudes and frequencies,''; and
(C) by adding at the end the following:
``(3) Identification of assistance.--
``(A) In general.--To the maximum extent
practicable, in providing assistance under this
subsection, the Secretary shall identify and communicate
to States and non-Federal interests specific
opportunities to partner with the Corps of Engineers to
address flood hazards.
``(B) Coordination.--The Secretary shall coordinate
activities under this paragraph with activities
described in section 22 of the Water Resources
Development Act of 1974 (42 U.S.C. 1962d-16).'';
(3) by redesignating subsection (d) as subsection (e); and
(4) by inserting after subsection (c) the following:
``(d) Institutions of Higher Education.--Notwithstanding section
4141 of title 10, United States Code, in carrying out this section, the
Secretary may work with an institution of higher education, as
determined appropriate by the Secretary.''.
SEC. 8105. <<NOTE: Study. 33 USC 2330d.>> PUBLIC RECREATIONAL
AMENITIES IN ECOSYSTEM RESTORATION
PROJECTS.
At the request of a non-Federal interest, the Secretary is
authorized to study the incorporation of public recreational amenities,
including facilities for hiking, biking, walking, and waterborne
recreation, into a project for ecosystem restoration, including a
project carried out under section 206 of the Water Resources Development
Act of 1996 (33 U.S.C. 2330), if the incorporation of such amenities
would be consistent with the ecosystem restoration purposes of the
project.
SEC. 8106. <<NOTE: 33 USC 22282g.>> SCOPE OF FEASIBILITY STUDIES.
(a) Flood Risk Management or Hurricane and Storm Damage Risk
Reduction.--In carrying out a feasibility study for a project for flood
risk management or hurricane and storm damage risk reduction, the
Secretary, at the request of the non-Federal interest for the study,
shall formulate alternatives to maximize the net benefits from the
reduction of the comprehensive flood risk within the geographic scope of
the study from the isolated and compound effects of--
(1) a riverine discharge of any magnitude or frequency;
(2) inundation, wave attack, and erosion coinciding with a
hurricane or coastal storm;
(3) flooding associated with tidally influenced portions of
rivers, bays, and estuaries that are hydrologically connected to
the coastal water body;
(4) a rainfall event of any magnitude or frequency;
(5) a tide of any magnitude or frequency;
(6) seasonal variation in water levels;
(7) groundwater emergence;
(8) sea level rise;
(9) subsidence; or
(10) any other driver of flood risk affecting the area
within the geographic scope of the study.
(b) Water Supply, Water Conservation, and Drought Risk Reduction.--
In carrying out a feasibility study for any purpose,
[[Page 136 STAT. 3700]]
the Secretary, at the request of the non-Federal interest for the study,
shall formulate alternatives--
(1) to maximize combined net benefits for the primary
purpose of the study and for the purposes of water supply or
water conservation (including the use of water supply
conservation measures described in section 1116 of the Water
Resources Development Act of 2016 (130 Stat. 1639)); or
(2) <<NOTE: Determination.>> to include 1 or more measures
for the purposes of water supply or water conservation if the
Secretary determines that such measures may reduce potential
adverse impacts of extreme weather events, including drought, on
water resources within the geographic scope of the study.
(c) Cost Sharing.--All costs to carry out a feasibility study in
accordance with this section shall be shared in accordance with the cost
share requirements otherwise applicable to the study.
SEC. 8107. WATER SUPPLY CONSERVATION.
Section 1116 of the Water Resources Development Act of 2016 (130
Stat. 1639) <<NOTE: 42 USC 1962d-5b note.>> is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``during the 1-year period ending on the date
of enactment of this Act'' and inserting ``for any portion of
any 2 consecutive or nonconsecutive years during the 10-year
period preceding a request from a non-Federal interest for
assistance under this section''; and
(2) in subsection (b)(4), by inserting ``, including
measures utilizing a natural feature or nature-based feature (as
those terms are defined in section 1184(a)) to reduce drought
risk'' after ``water supply''.
SEC. 8108. <<NOTE: 33 USC 2357.>> MANAGED AQUIFER RECHARGE STUDY
AND WORKING GROUP.
(a) Assessment.--
(1) In general.--The Secretary shall, in consultation with
applicable non-Federal interests, conduct a national assessment
of carrying out managed aquifer recharge projects to address
drought, water resiliency, and aquifer depletion at authorized
water resources development projects.
(2) Requirements.--In carrying out paragraph (1), the
Secretary shall--
(A) assess and identify opportunities to support
non-Federal interests, including Tribal communities, in
carrying out managed aquifer recharge projects; and
(B) assess preliminarily local hydrogeologic
conditions relevant to carrying out managed aquifer
recharge projects.
(3) Coordination.--In carrying out paragraph (1), the
Secretary shall coordinate, as appropriate, with the heads of
other Federal agencies, States, regional governmental agencies,
units of local government, experts in managed aquifer recharge,
and Tribes.
(b) Feasibility Studies.--
(1) Authorization.--The Secretary is authorized to carry out
feasibility studies, at the request of a non-Federal interest,
of managed aquifer recharge projects in areas that are
experiencing, or have recently experienced, prolonged drought
conditions, aquifer depletion, or water supply scarcity.
(2) Limitation.--The Secretary may carry out not more than
10 feasibility studies under this subsection.
[[Page 136 STAT. 3701]]
(3) Use of information.--The Secretary shall, to the maximum
extent practicable, use information gathered from the assessment
conducted under subsection (a) in identifying and selecting
feasibility studies to carry out under this subsection.
(4) Cost share.--The Federal share of the cost of a
feasibility study carried out under this subsection shall be 90
percent.
(c) Working Group.--
(1) <<NOTE: Deadline. Establishment.>> In general.--Not
later than 180 days after the date of enactment of this Act, the
Secretary shall establish a managed aquifer recharge working
group made up of subject matter experts within the Corps of
Engineers and relevant non-Federal stakeholders.
(2) Composition.--In establishing the working group under
paragraph (1), the Secretary shall ensure that members of the
working group have expertise working with--
(A) projects providing water supply storage to meet
regional water supply demand, particularly in regions
experiencing drought;
(B) the protection of groundwater supply, including
promoting infiltration and increased recharge in
groundwater basins, and groundwater quality;
(C) aquifer storage, recharge, and recovery wells;
(D) dams that provide recharge enhancement benefits;
(E) groundwater hydrology;
(F) conjunctive use water systems; and
(G) agricultural water resources, including the use
of aquifers for irrigation purposes.
(3) Duties.--The working group established under this
subsection shall--
(A) advise the Secretary regarding the development
and execution of the assessment under subsection (a) and
any feasibility studies under subsection (b);
(B) assist Corps of Engineers offices at the
headquarter, division, and district levels with raising
awareness of non-Federal interests of the potential
benefits of carrying out managed aquifer recharge
projects; and
(C) assist with the development of the report
required to be submitted under subsection (d).
(d) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report on
managed aquifer recharge that includes--
(1) <<NOTE: Data. Recommenda- tions.>> the results of the
assessment conducted under subsection (a) and any feasibility
studies carried out under subsection (b), including data
collected under such assessment and studies and any
recommendations on managed aquifer recharge opportunities for
non-Federal interests, States, local governments, and Tribes;
(2) <<NOTE: Update.>> a status update on the implementation
of the recommendations included in the report of the U.S. Army
Corps of Engineers Institute for Water Resources entitled
``Managed Aquifer Recharge and the U.S. Army Corps of Engineers:
Water Security through Resilience'', published in April 2020
(2020-WP-01); and
[[Page 136 STAT. 3702]]
(3) <<NOTE: Evaluation.>> an evaluation of the benefits of
creating a new or modifying an existing planning center of
expertise for managed aquifer recharge, and identify potential
locations for such a center of expertise, if feasible.
(e) Savings Provision.--Nothing in this section affects the non-
Federal share of the cost of construction of a managed aquifer recharge
project under section 103 of the Water Resources Development Act of 1986
(33 U.S.C. 2213) or any other provision of law.
(f) Definitions.--In this section:
(1) Managed aquifer recharge.--The term ``managed aquifer
recharge'' means the intentional banking and treatment of water
in aquifers for storage and future use.
(2) Managed aquifer recharge project.--The term ``managed
aquifer recharge project'' means a project to incorporate
managed aquifer recharge features into a water resources
development project.
SEC. 8109. UPDATES TO CERTAIN WATER CONTROL MANUALS.
On request of the Governor of a State for which the Governor
declared a statewide drought disaster in 2021, the Secretary is
authorized to update water control manuals for water resources
development projects under the authority of the Secretary in the State,
with priority given to those projects that include water supply or water
conservation as an authorized purpose.
SEC. 8110. NATIONAL COASTAL MAPPING STUDY.
(a) In General.--The Secretary, acting through the Director of the
Engineer Research and Development Center, is authorized to carry out a
study of coastal geographic land changes, with recurring national
coastal mapping technology, along the coastal zone of the United States
to support Corps of Engineers missions.
(b) Study.--In carrying out the study under subsection (a), the
Secretary shall identify--
(1) new or advanced geospatial information and remote
sensing tools for coastal mapping;
(2) best practices for coastal change mapping; and
(3) how to most effectively--
(A) collect and analyze such advanced geospatial
information;
(B) disseminate such geospatial information to
relevant offices of the Corps of Engineers, other
Federal agencies, States, Tribes, and local governments;
and
(C) make such geospatial information available to
other stakeholders.
(c) Demonstration Project.--
(1) <<NOTE: North Carolina.>> Project area.--In carrying
out the study under subsection (a), the Secretary shall carry
out a demonstration project in the coastal region covering the
North Carolina coastal waters, connected bays, estuaries,
rivers, streams, and creeks, to their tidally influenced extent
inland.
(2) Scope.--In carrying out the demonstration project, the
Secretary shall--
(A) identify and study potential hazards, such as
debris, sedimentation, dredging effects, and flood
areas;
(B) identify best practices described in subsection
(b)(2), including best practices relating to
geographical coverage and frequency of mapping;
[[Page 136 STAT. 3703]]
(C) <<NOTE: Evaluation.>> evaluate and demonstrate
relevant mapping technologies to identify which are the
most effective for regional mapping of the transitional
areas between the open coast and inland waters; and
(D) demonstrate remote sensing tools for coastal
mapping.
(d) Coordination.--In carrying out this section, the Secretary shall
coordinate with other Federal and State agencies that are responsible
for authoritative data and academic institutions and other entities with
relevant expertise.
(e) Panel.--
(1) Establishment.--In carrying out this section, the
Secretary shall establish a panel of senior leaders from the
Corps of Engineers and other Federal agencies that are
stakeholders in the coastal mapping program carried out through
the Engineer Research and Development Center.
(2) Duties.--The panel established under this subsection
shall--
(A) coordinate the collection of data under the
study carried out under this section;
(B) coordinate the use of geospatial information and
remote sensing tools, and the application of the best
practices identified under the study, by Federal
agencies; and
(C) identify technical topics and challenges that
require multiagency collaborative research and
development.
(f) Use of Existing Information.--In carrying out this section, the
Secretary shall consider any relevant information developed under
section 516(g) of the Water Resources Development Act of 1996 (33 U.S.C.
2326b(g)).
(g) Report.--Not later than 18 months after the date of enactment of
this Act, the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report that describes--
(1) the results of the study carried out under this section;
and
(2) any geographical areas recommended for additional study.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000, to remain available
until expended.
SEC. 8111. TRIBAL PARTNERSHIP PROGRAM.
Section 203 of the Water Resources Development Act of 2000 (33
U.S.C. 2269) is amended--
(1) in subsection (a), by striking ``(25 U.S.C. 450b)'' and
inserting ``(25 U.S.C. 5304)'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by inserting ``hurricane and
storm'' after ``flood''; and
(II) by inserting ``including
erosion control,'' after ``reduction,'';
(ii) in subparagraph (B), by striking ``and''
at the end;
[[Page 136 STAT. 3704]]
(iii) by redesignating subparagraph (C) as
subparagraph (D); and
(iv) by inserting after subparagraph (B) the
following:
``(C) technical assistance to an Indian tribe,
including--
``(i) assistance for planning to ameliorate
flood hazards, to avoid repetitive flood impacts,
to anticipate, prepare, and adapt to changing
hydrological and climatic conditions and extreme
weather events, and to withstand, respond to, and
recover rapidly from disruption due to flood
hazards; and
``(ii) the provision of, and integration into
planning of, hydrologic, economic, and
environmental data and analyses; and'';
(B) in paragraph (3), by adding at the end the
following:
``(C) Initial costs.--The first $200,000 of the
costs of a study under this section shall be at Federal
expense.'';
(C) in paragraph (4)--
(i) in subparagraph (A), by striking
``$18,500,000'' and inserting ``$26,000,000''; and
(ii) in subparagraph (B), by striking
``$18,500,000'' and inserting ``$26,000,000''; and
(D) by adding at the end the following:
``(5) <<NOTE: Determination.>> Project justification.--
Notwithstanding any requirement for economic justification
established under section 209 of the Flood Control Act of 1970
(42 U.S.C. 1962-2), the Secretary may implement a project (other
than a project for ecosystem restoration) under this section if
the Secretary determines that the project will--
``(A) significantly reduce potential flood or
hurricane and storm damage hazards (which may be limited
to hazards that may be addressed by measures for erosion
mitigation or bank stabilization);
``(B) improve the quality of the environment;
``(C) reduce risks to life safety associated with
the hazards described in subparagraph (A); and
``(D) improve the long-term viability of the
community.'';
(3) in subsection (d)--
(A) in paragraph (5)(B)--
(i) by striking ``non-Federal'' and inserting
``Federal''; and
(ii) by striking ``50 percent'' and inserting
``100 percent''; and
(B) by adding at the end the following:
``(6) Technical assistance.--The Federal share of the cost
of activities described in subsection (b)(2)(C) shall be 100
percent.''; and
(4) in subsection (e), by striking ``2024'' and inserting
``2033''.
SEC. 8112. <<NOTE: 33 USC 2281a.>> TRIBAL LIAISON.
(a) <<NOTE: Deadline.>> In General.--Beginning not later than 1
year after the date of enactment of this Act, the District Commander for
each Corps of Engineers district that contains a Tribal community shall
have on staff a Tribal Liaison.
[[Page 136 STAT. 3705]]
(b) Duties.--Each Tribal Liaison shall make recommendations to the
applicable District Commander regarding, and be responsible for--
(1) removing barriers to access to, and participation in,
Corps of Engineers programs for Tribal communities, including by
improving implementation of section 103(m) of the Water
Resources Development Act of 1986 (33 U.S.C. 2213(m));
(2) improving outreach to, and engagement with, Tribal
communities about relevant Corps of Engineers programs and
services;
(3) identifying and engaging with Tribal communities
suffering from water resources challenges;
(4) improving, expanding, and facilitating government-to-
government consultation between Tribal communities and the Corps
of Engineers;
(5) coordinating and implementing all relevant Tribal
consultation policies and associated guidelines, including the
requirements of section 112 of the Water Resources Development
Act of 2020 (33 U.S.C. 2356);
(6) training and tools to facilitate the ability of Corps of
Engineers staff to effectively engage with Tribal communities in
a culturally competent manner, especially in regards to lands of
ancestral, historic, or cultural significance to a Tribal
community, including burial sites; and
(7) such other issues identified by the Secretary.
(c) <<NOTE: Deadlines. Guidelines.>> Uniformity.--Not later than
120 days after the date of enactment of this Act, the Secretary shall
finalize guidelines for--
(1) a position description for Tribal Liaisons; and
(2) required qualifications for Tribal Liaisons, including
experience and expertise relating to Tribal communities and
water resource issues.
(d) Funding.--Funding for the position of Tribal Liaison shall be
allocated from the budget line item provided for the expenses necessary
for the supervision and general administration of the civil works
program, and filling the position shall not be dependent on any increase
in this budget line item.
(e) Definitions.--In this section:
(1) Tribal community.--The term ``Tribal community'' means a
community of people who are recognized and defined under Federal
law as indigenous people of the United States.
(2) Tribal liaison.--The term ``Tribal Liaison'' means a
permanent employee of a Corps of Engineers district whose
primary responsibilities are to--
(A) serve as a direct line of communication between
the District Commander and the Tribal communities within
the boundaries of the Corps of Engineers district; and
(B) ensure consistency in government-to-government
relations.
SEC. 8113. TRIBAL ASSISTANCE.
(a) <<NOTE: Oregon. Washington. Assessments. Revision. Plan.>>
Clarification of Existing Authority.--
(1) In general.--Subject to paragraph (2), the Secretary, in
consultation with the heads of relevant Federal agencies, the
Confederated Tribes of the Warm Springs Reservation of Oregon,
the Confederated Tribes and Bands of the Yakama Nation, the Nez
Perce Tribe, and the Confederated Tribes of the Umatilla Indian
Reservation, shall revise and carry out
[[Page 136 STAT. 3706]]
the village development plan for The Dalles Dam, Columbia River,
Washington and Oregon, as authorized by section 204 of the Flood
Control Act of 1950 (chapter 188, 64 Stat. 179), to
comprehensively address adverse impacts to Indian villages,
housing sites, and related structures as a result of the
construction of The Dalles Dam, Bonneville Dam, McNary Dam, and
John Day Dam, Washington and Oregon.
(2) Examination.--Before carrying out the requirements of
paragraph (1), the Secretary shall conduct an examination and
assessment of the extent to which Indian villages, housing
sites, and related structures were displaced or destroyed by the
construction of the following projects:
(A) Bonneville Dam, Columbia River, Oregon, as
authorized by the first section of the Act of August 30,
1935 (chapter 831, 49 Stat. 1038) and the first section
and section 2(a) of the Act of August 20, 1937 (16
U.S.C. 832, 832a(a)).
(B) McNary Dam, Columbia River, Washington and
Oregon, as authorized by section 2 of the Act of March
2, 1945 (chapter 19, 59 Stat. 22).
(C) John Day Dam, Columbia River, Washington and
Oregon, as authorized by section 204 of the Flood
Control Act of 1950 (chapter 188, 64 Stat. 179).
(3) Requirements.--The village development plan under
paragraph (1) shall include, at a minimum--
(A) <<NOTE: Evaluation.>> an evaluation of sites on
both sides of the Columbia River;
(B) an assessment of suitable Federal land and land
owned by the States of Washington and Oregon; and
(C) <<NOTE: Cost estimate.>> an estimated cost and
tentative schedule for the construction of each housing
development.
(4) Location of assistance.--The Secretary may provide
housing and related assistance under this subsection at 1 or
more village sites in the States of Washington and Oregon.
(b) Provision of Assistance on Federal Land.--The Secretary may
construct housing or provide related assistance on land owned by the
United States in carrying out the village development plan under
subsection (a)(1).
(c) Acquisition and Disposal of Land.--
(1) In general.--Subject to subsection (d), the Secretary
may acquire land or interests in land for the purpose of
providing housing and related assistance in carrying out the
village development plan under subsection (a)(1).
(2) Advance acquisition.--Acquisition of land or interests
in land under paragraph (1) may be carried out in advance of
completion of all required documentation and receipt of all
required clearances for the construction of housing or related
improvements on the land.
(3) <<NOTE: Determination.>> Disposal of unsuitable land.--
If the Secretary determines that any land or interest in land
acquired by the Secretary under paragraph (2) is unsuitable for
that housing or for those related improvements, the Secretary
may--
(A) dispose of the land or interest in land by sale;
and
(B) credit the proceeds to the appropriation, fund,
or account used to purchase the land or interest in
land.
[[Page 136 STAT. 3707]]
(d) Limitation.--The Secretary shall only acquire land from willing
landowners in carrying out this section.
(e) <<NOTE: Contracts.>> Cooperative Agreements.--The Secretary may
enter into a cooperative agreement with a Tribe described in subsection
(a)(1), or with a Tribal organization of such a Tribe, to provide funds
to the Tribe to construct housing or provide related assistance in
carrying out the village development plan under such subsection.
(f) Conveyance Authorized.--Upon completion of construction at a
village site under this section, the Secretary may, without
consideration, convey the village site and the improvements located
thereon to a Tribe described in subsection (a)(1), or to a Tribal
organization of such a Tribe.
(g) Conforming Amendment.--Section 1178(c) of the Water Resources
Development Act of 2016 (130 Stat. 1675; 132 Stat. 3781) is repealed.
SEC. 8114. COST SHARING PROVISIONS FOR THE TERRITORIES AND INDIAN
TRIBES.
Section 1156 of the Water Resources Development Act of 1986 (33
U.S.C. 2310) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2), by striking the period at the
end and inserting ``; and'' ; and
(C) by adding at the end the following:
``(3) for any organization that--
``(A) is composed primarily of people who are--
``(i) recognized and defined under Federal law
as indigenous people of the United States; and
``(ii) from a specific community; and
``(B) assists in the social, cultural, and
educational development of such people in that
community.''; and
(2) by adding at the end the following:
``(c) <<NOTE: Definition.>> Inclusion.--For purposes of this
section, the term `study' includes a watershed assessment.
``(d) Application.--The Secretary shall apply the waiver amount
described in subsection (a) to reduce only the non-Federal share of
study and project costs.''.
SEC. 8115. <<NOTE: 33 USC 2281b note.>> TRIBAL AND ECONOMICALLY
DISADVANTAGED COMMUNITIES ADVISORY
COMMITTEE.
(a) <<NOTE: Deadline. Recommenda- tions.>> Establishment.--Not
later than 90 days after the date of enactment of this Act, the
Secretary shall establish a committee, to be known as the ``Tribal and
Economically Disadvantaged Communities Advisory Committee'', to develop
and make recommendations to the Secretary and the Chief of Engineers on
activities and actions that should be undertaken by the Corps of
Engineers to ensure more effective delivery of water resources
development projects, programs, and other assistance to Indian Tribes
and economically disadvantaged communities, including economically
disadvantaged communities located in urban and rural areas.
(b) <<NOTE: Appointments.>> Membership.--The Committee shall be
composed of members, appointed by the Secretary, who have the requisite
experiential or technical knowledge needed to address issues related to
the water resources needs and challenges of economically disadvantaged
communities and Indian Tribes, including--
[[Page 136 STAT. 3708]]
(1) 5 individuals representing organizations with expertise
in environmental policy, rural water resources, economically
disadvantaged communities, Tribal rights, or civil rights; and
(2) 5 individuals, each representing a non-Federal interest
for a Corps of Engineers project.
(c) Duties.--
(1) Recommendations.--The Committee shall provide advice and
make recommendations to the Secretary and the Chief of Engineers
to assist the Corps of Engineers in--
(A) efficiently and effectively delivering solutions
to the needs and challenges of water resources
development projects for economically disadvantaged
communities and Indian Tribes;
(B) integrating consideration of economically
disadvantaged communities and Indian Tribes, where
applicable, in the development of water resources
development projects and programs of the Corps of
Engineers; and
(C) improving the capability and capacity of the
workforce of the Corps of Engineers to assist
economically disadvantaged communities and Indian
Tribes.
(2) Meetings.--The Committee shall meet as appropriate to
develop and make recommendations under paragraph (1).
(3) Report.--Recommendations made under paragraph (1) shall
be--
(A) included in a report submitted to the Committee
on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives; and
(B) <<NOTE: Public information. Web posting.>> made
publicly available, including on a publicly available
website.
(d) Independent Judgment.--Any recommendation made by the Committee
to the Secretary and the Chief of Engineers under subsection (c)(1)
shall reflect the independent judgment of the Committee.
(e) Administration.--
(1) Compensation.--Except as provided in paragraph (3), the
members of the Committee shall serve without compensation.
(2) Travel expenses.--The members of the Committee shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
(3) Treatment.--The members of the Committee shall not be
considered to be Federal employees, and the meetings and reports
of the Committee shall not be considered a major Federal action
under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(f) Definitions.--In this section:
(1) Committee.--The term ``Committee'' means the Tribal and
Economically Disadvantaged Communities Advisory Committee
established under subsection (a).
(2) Economically disadvantaged community.--The term
``economically disadvantaged community'' has the meaning given
the term as defined by the Secretary under section 160 of the
Water Resources Development Act of 2020 (33 U.S.C. 2201 note).
[[Page 136 STAT. 3709]]
(3) Indian tribe.--The term ``Indian Tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
SEC. 8116. <<NOTE: 10 USC 7036 note.>> WORKFORCE PLANNING.
(a) Authorization.--The Secretary is authorized to carry out
activities, at Federal expense--
(1) to foster, enhance, and support science, technology,
engineering, and math education and awareness; and
(2) to recruit individuals for careers at the Corps of
Engineers.
(b) Partnering Entities.--In carrying out activities under this
section, the Secretary may enter into partnerships with--
(1) public elementary and secondary schools, including
charter schools;
(2) community colleges;
(3) technical schools; and
(4) colleges and universities, including historically Black
colleges and universities.
(c) Prioritization.--The Secretary shall, to the maximum extent
practicable, prioritize the recruitment of individuals under this
section that are from economically disadvantaged communities (as defined
by the Secretary under section 160 of the Water Resources Development
Act of 2020 (33 U.S.C. 2201 note)), including economically disadvantaged
communities located in urban and rural areas.
(d) Definition of Historically Black College or University.--In this
section, the term ``historically Black college or university'' has the
meaning given the term ``part B institution'' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
(e) <<NOTE: Time period.>> Authorization of Appropriations.--There
is authorized to be appropriated to carry out this section $20,000,000
for each of fiscal years 2023 through 2027.
SEC. 8117. <<NOTE: 33 USC 2281b.>> CORPS OF ENGINEERS SUPPORT FOR
UNDERSERVED COMMUNITIES; OUTREACH.
(a) In General.--It is the policy of the United States for the Corps
of Engineers to strive to understand and accommodate and, in
coordination with non-Federal interests, seek to address the water
resources development needs of all communities in the United States.
(b) Outreach and Access.--
(1) In general.--The Secretary shall, at Federal expense,
develop, support, and implement public awareness, education, and
regular outreach and engagement efforts for potential non-
Federal interests with respect to the water resources
development authorities of the Secretary, with particular
emphasis on--
(A) technical service programs, including the
authorities under--
(i) section 206 of the Flood Control Act of
1960 (33 U.S.C. 709a);
(ii) section 22 of the Water Resources
Development Act of 1974 (42 U.S.C. 1962d-16); and
(iii) section 203 of the Water Resources
Development Act of 2000 (33 U.S.C. 2269); and
[[Page 136 STAT. 3710]]
(B) continuing authority programs, as such term is
defined in section 7001(c)(1)(D) of the Water Resources
Reform and Development Act of 2014 (33 U.S.C. 2282d).
(2) Implementation.--In carrying out this subsection, the
Secretary shall--
(A) <<NOTE: Public information. Web posting.>>
develop and make publicly available (including on a
publicly available website), technical assistance
materials, guidance, and other information with respect
to the water resources development authorities of the
Secretary;
(B) <<NOTE: Public information. Web posting.>>
establish and make publicly available (including on a
publicly available website), an appropriate point of
contact at each district and division office of the
Corps of Engineers for inquiries from potential non-
Federal interests relating to the water resources
development authorities of the Secretary;
(C) conduct regular outreach and engagement,
including through hosting seminars and community
information sessions, with local elected officials,
community organizations, and previous and potential non-
Federal interests, on opportunities to address local
water resources challenges through the water resources
development authorities of the Secretary;
(D) <<NOTE: Guidance.>> issue guidance for, and
provide technical assistance through technical service
programs to, non-Federal interests to assist such
interests in pursuing technical services and developing
proposals for water resources development projects; and
(E) provide, at the request of a non-Federal
interest, assistance with researching and identifying
existing project authorizations or authorities to
address local water resources challenges.
(3) Prioritization.--In carrying out this subsection, the
Secretary shall, to the maximum extent practicable, prioritize
awareness, education, and outreach and engagement to
economically disadvantaged communities (as defined by the
Secretary under section 160 of the Water Resources Development
Act of 2020 (33 U.S.C. 2201 note)), including economically
disadvantaged communities located in urban and rural areas.
(4) Authorization of appropriations.--There is authorized to
be appropriated to carry out this section $30,000,000 for each
fiscal year.
SEC. 8118. PILOT PROGRAMS FOR CERTAIN COMMUNITIES.
(a) Pilot Programs on the Formulation of Corps of Engineers Projects
in Rural Communities and Economically Disadvantaged Communities.--
Section 118 of the Water Resources Development Act of 2020 (33 U.S.C.
2201 note) is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (A), by striking ``publish'' and
inserting ``annually publish''; and
(B) in subparagraph (C), by striking ``select'' and
inserting ``, subject to the availability of
appropriations, annually select''; and
(2) in subsection (c)(2), in the matter preceding
subparagraph (A), by striking ``projects'' and inserting
``projects annually''.
[[Page 136 STAT. 3711]]
(b) Pilot Program for Continuing Authority Projects in Small or
Disadvantaged Communities.--Section 165(a) of the Water Resources
Development Act of 2020 (33 U.S.C. 2201 note) is amended in paragraph
(2)(B), by striking ``10'' and inserting ``20''.
SEC. 8119. TECHNICAL ASSISTANCE.
(a) Planning Assistance to States.--Section 22 of the Water
Resources Development Act of 1974 (42 U.S.C. 1962d-16) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by inserting ``local government,'' after
``State or group of States,''; and
(ii) by inserting ``local government,'' after
``such State, interest,'';
(B) in paragraph (3), by striking ``section 236 of
title 10'' and inserting ``section 4141 of title 10'';
and
(C) by adding at the end the following:
``(4) Prioritization.--To the maximum extent practicable,
the Secretary shall prioritize the provision of assistance under
this subsection to address both inland and coastal life safety
risks.'';
(2) in subsection (c)(2), by striking ``$15,000,000'' and
inserting ``$30,000,000''; and
(3) in subsection (f)--
(A) by striking ``The cost-share for assistance''
and inserting the following:
``(1) Tribes and territories.--The cost-share for
assistance''; and
(B) by adding at the end the following:
``(2) <<NOTE: Waiver authority. Determination.>>
Economically disadvantaged communities.--Notwithstanding
subsection (b)(1) and the limitation in section 1156 of the
Water Resources Development Act of 1986, as applicable pursuant
to paragraph (1) of this subsection, the Secretary is authorized
to waive the collection of fees for any local government to
which assistance is provided under subsection (a) that the
Secretary determines is an economically disadvantaged community,
as defined by the Secretary under section 160 of the Water
Resources Development Act of 2020 (33 U.S.C. 2201 note)
(including economically disadvantaged communities located in
urban and rural areas).''.
(b) <<NOTE: 33 USC 709a note.>> Watershed Planning and Technical
Assistance.--In providing assistance under section 22 of the Water
Resources Development Act of 1974 (42 U.S.C. 1962d-16) or pursuant to
section 206 of the Flood Control Act of 1960 (33 U.S.C. 709a), the
Secretary shall, upon request, provide such assistance at a watershed
scale.
SEC. 8120. <<NOTE: 33 USC 701n note.>> TECHNICAL ASSISTANCE FOR
LEVEE INSPECTIONS.
In <<NOTE: Reimbursement.>> any instance where the Secretary
requires, as a condition of eligibility for Federal assistance under
section 5 of the Act of August 18, 1941 (33 U.S.C. 701n), that a non-
Federal sponsor of a flood control project undertake an electronic
inspection of the portion of such project that is under normal
circumstances submerged, the Secretary shall provide to the non-Federal
sponsor credit or reimbursement for the cost of carrying out such
inspection against the non-Federal share of the cost of repair or
restoration of such project carried out under such section.
[[Page 136 STAT. 3712]]
SEC. 8121. <<NOTE: 33 USC 3307.>> ASSESSMENT OF CORPS OF
ENGINEERS LEVEES.
(a) <<NOTE: Evaluation.>> In General.--The Secretary shall
periodically conduct assessments of federally authorized levees under
the jurisdiction of the Corps of Engineers, to evaluate the potential
Federal interest in the modification (including realignment or
incorporation of natural features and nature-based features, as such
terms are defined in section 1184(a) of the Water Resources Development
Act of 2016 (33 U.S.C. 2289a(a))) of levee systems to meet one or more
of the following objectives:
(1) Increasing the flood risk reduction benefits of such
systems.
(2) Achieving greater flood resiliency.
(3) Restoring hydrological and ecological connections with
adjacent floodplains that achieve greater environmental benefits
without undermining flood risk reduction or flood resiliency for
levee-protected communities.
(b) Levees Operated by Non-Federal Interests.--The Secretary shall
carry out an assessment under subsection (a) for a federally authorized
levee system operated by a non-Federal interest only if the non-Federal
interest--
(1) requests the assessment; and
(2) agrees to provide 50 percent of the cost of the
assessment.
(c) Assessments.--
(1) Considerations.--In conducting an assessment under
subsection (a), the Secretary shall consider and identify, with
respect to each levee system--
(A) <<NOTE: Estimate.>> an estimate of the number
of structures and population at risk and protected by
the levee system that would be adversely impacted if the
levee system fails or water levels exceed the height of
any levee segment within the levee system (which may be
the applicable estimate included in the levee database
established under section 9004 of the Water Resources
Development Act of 2007 (33 U.S.C. 3303), if available);
(B) the number of times the non-Federal interest has
received emergency flood-fighting or repair assistance
under section 5 of the Act of August 18, 1941 (33 U.S.C.
701n) for the levee system, and the total expenditures
on postflood repairs over the life of the levee system;
(C) the functionality of the levee system with
regard to higher precipitation levels, including due to
changing climatic conditions and extreme weather events;
(D) the potential costs and benefits (including
environmental benefits and implications for levee-
protected communities) from modifying the applicable
levee system to restore connections with adjacent
floodplains; and
(E) available studies, information, literature, or
data from relevant Federal, State, or local entities.
(2) Prioritization.--In conducting an assessment under
subsection (a), the Secretary shall, to the maximum extent
practicable, prioritize levee systems--
(A) <<NOTE: Time period.>> associated with an area
that has been subject to flooding in two or more events
in any 10-year period; and
(B) for which the non-Federal interest has received
emergency flood-fighting or repair assistance under
section
[[Page 136 STAT. 3713]]
5 of the Act of August 18, 1941 (33 U.S.C. 701n) with
respect to such flood events.
(3) Scope.--The Secretary shall ensure that an assessment
under subsection (a) shall be similar in cost and scope to an
initial assessment prepared by the Secretary pursuant to section
216 of the Flood Control Act of 1970 (33 U.S.C. 549a).
(d) Flood Plain Management Services.--In conducting an assessment
under subsection (a), the Secretary shall consider information on floods
and flood damages compiled under section 206 of the Flood Control Act of
1960 (33 U.S.C. 709a).
(e) Report to Congress.--
(1) In general.--Not later than 18 months after the date of
enactment of this section, and periodically thereafter, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee
on Environment and Public Works of the Senate a report on the
results of the assessments conducted under subsection (a).
(2) Inclusion.--The Secretary shall include in each report
submitted under paragraph (1)--
(A) identification of any levee system for which the
Secretary has conducted an assessment under subsection
(a);
(B) a description of any opportunities identified
under such subsection for the modification of a levee
system, including the potential benefits of such
modification for the purposes identified under such
subsection;
(C) information relating to the willingness and
ability of each applicable non-Federal interest to
participate in a modification to the relevant levee
system, including by obtaining any real estate necessary
for the modification; and
(D) <<NOTE: Summary.>> a summary of the information
considered and identified under subsection (c)(1).
(f) Incorporation of Information.--The Secretary shall include in
the levee database established under section 9004 of the Water Resources
Development Act of 2007 (33 U.S.C. 3303) the information included in
each report submitted under subsection (e), and make such information
publicly available (including on a publicly available website).
(g) Levee System Defined.--In this section, the term ``levee
system'' has the meaning given that term in section 9002(9) of the Water
Resources Development Act of 2007 (33 U.S.C. 3301).
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000, to remain available
until expended.
SEC. 8122. NATIONAL LOW-HEAD DAM INVENTORY.
The National Dam Safety Program Act (33 U.S.C. 467 et seq.) is
amended by adding at the end the following:
``SEC. 15. <<NOTE: 33 USC 467o.>> NATIONAL LOW-HEAD DAM
INVENTORY.
``(a) Definitions.--In this section:
``(1) Inventory.--The term `inventory' means the national
low-head dam inventory developed under subsection (b)(1)(A).
``(2) Low-head dam.--The term `low-head dam' means a river-
wide artificial barrier that generally spans a stream channel,
blocking the waterway and creating a backup of water
[[Page 136 STAT. 3714]]
behind the barrier, with a drop off over the wall of not less
than 6 inches and not more than 25 feet.
``(b) National Low-Head Dam Inventory.--
``(1) <<NOTE: Deadline.>> In general.--Not later than 18
months after the date of enactment of this section, the
Secretary of the Army, in consultation with the heads of
appropriate Federal and State agencies, shall--
``(A) develop an inventory of low-head dams in the
United States that includes--
``(i) the location, ownership, description,
current use, condition, height, and length of each
low-head dam;
``(ii) any information on public safety
conditions at each low-head dam;
``(iii) public safety information on the
dangers of low-head dams;
``(iv) a directory of financial and technical
assistance resources available to reduce safety
hazards and fish passage barriers at low-head
dams; and
``(v) any other relevant information
concerning low-head dams; and
``(B) submit the inventory to the Committee on
Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives.
``(2) Data.--In carrying out this subsection, the Secretary
shall--
``(A) coordinate with Federal and State agencies and
other relevant entities; and
``(B) use data provided to the Secretary by those
agencies and entities.
``(3) <<NOTE: Web posting.>> Public availability.--The
Secretary shall make the inventory publicly available, including
on a publicly available website.
``(4) Updates.--The Secretary, in consultation with the
heads of appropriate Federal and State agencies, shall maintain
and periodically publish updates to the inventory.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $30,000,000.
``(d) Clarification.--Nothing in this section provides authority to
the Secretary to carry out an activity, with respect to a low-head dam,
that is not explicitly authorized under this section.''.
SEC. 8123. EXPEDITING HYDROPOWER AT CORPS OF ENGINEERS FACILITIES.
Section 1008 of the Water Resources Reform and Development Act of
2014 (33 U.S.C. 2321b) is amended--
(1) in subsection (b)(1), by inserting ``and to meet the
requirements of subsection (b)'' after ``projects'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(3) by inserting after subsection (a) the following:
``(b) Implementation of Policy.--The Secretary shall--
``(1) ensure that the policy described in subsection (a) is
implemented nationwide in an efficient, consistent, and
coordinated manner; and
[[Page 136 STAT. 3715]]
``(2) <<NOTE: Assessments.>> assess opportunities--
``(A) to increase the development of hydroelectric
power at existing water resources development projects
of the Corps of Engineers with hydroelectric facilities;
and
``(B) to develop new hydroelectric power at existing
nonpowered water resources development projects of the
Corps of Engineers.''.
SEC. 8124. <<NOTE: 33 USC 585.>> RESERVE COMPONENT TRAINING AT
WATER RESOURCES DEVELOPMENT PROJECTS.
(a) In General.--In carrying out military training activities or
otherwise fulfilling military training requirements, units or members of
a reserve component of the Armed Forces may perform services and furnish
supplies in support of a water resources development project or program
of the Corps of Engineers without reimbursement.
(b) Exception.--This section shall not apply to any member of a
reserve component of the Armed Forces who is employed by the Corps of
Engineers on a full-time basis.
SEC. 8125. PAYMENT OF PAY AND ALLOWANCES OF CERTAIN OFFICERS FROM
APPROPRIATION FOR IMPROVEMENTS.
Section 36 of the Act of August 10, 1956 (33 U.S.C. 583a), is
amended--
(1) by striking ``Regular officers of the Corps of Engineers
of the Army, and reserve officers of the Army who are assigned
to the Corps of Engineers,'' and inserting the following:
``(a) In General.--The personnel described in subsection (b)''; and
(2) by adding at the end the following:
``(b) Personnel Described.--The personnel referred to in subsection
(a) are the following:
``(1) Regular officers of the Corps of Engineers of the
Army.
``(2) The following members of the Army who are assigned to
the Corps of Engineers:
``(A) Reserve component officers.
``(B) Warrant officers (whether regular or reserve
component).
``(C) Enlisted members (whether regular or reserve
component).''.
SEC. 8126. <<NOTE: 33 USC 1344 note.>> MAINTENANCE DREDGING
PERMITS.
(a) In General.--The Secretary shall, to the maximum extent
practicable, prioritize the reissuance of any regional general permit
for maintenance dredging under section 404 of the Federal Water
Pollution Control Act (33 U.S.C. 1344) that expired prior to May 1,
2021.
(b) Savings Provision.--Nothing in this section affects any
obligation to comply with the provisions of any Federal or State
environmental law, including--
(1) the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.);
(2) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.); and
(3) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
[[Page 136 STAT. 3716]]
SEC. 8127. ENVIRONMENTAL DREDGING.
(a) <<NOTE: State listing.>> In General.--In carrying out the
following projects, the Secretary shall, to the maximum extent
practicable, coordinate efforts with the applicable non-Federal
interest, the Administrator of the Environmental Protection Agency, and
the heads of other Federal, State, and regional agencies responsible for
the remediation of contaminated sediments:
(1) The project for ecosystem restoration, South Fork of the
South Branch of the Chicago River, Bubbly Creek, Illinois,
authorized by section 401(5) of the Water Resources Development
Act of 2020 (134 Stat. 2740).
(2) The project for navigation, Columbia and Lower
Willamette Rivers, Oregon and Washington, authorized by section
101 of the River and Harbor Act of 1962 (76 Stat. 1177), in the
vicinity of the Albina Turning Basin, River Mile 10, and the
Post Office Bar, Portland Harbor, River Mile 2.
(3) The project for aquatic ecosystem restoration, Mahoning
River, Ohio, being carried out under section 206 of the Water
Resources Development Act of 1996 (33 U.S.C. 2330).
(4) The project for navigation, South Branch of the Chicago
River, Cook County, Illinois, in the vicinity of Collateral
Channel.
(5) The projects carried out under the Comprehensive
Everglades Restoration Plan, as authorized by or pursuant to
section 601 of the Water Resources Development Act of 2000 (114
Stat. 2680; 132 Stat. 3786), in the vicinity of Lake Okeechobee.
(b) <<NOTE: Recommenda- tions.>> Report to Congress.--Not later
than 180 days after the date of enactment of this section, the Secretary
and the Administrator of the Environmental Protection Agency shall
jointly submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Environment and Public
Works of the Senate a report on efforts to remove or remediate
contaminated sediments associated with the projects identified in
subsection (a), including, if applicable, any specific recommendations
for actions or agreements necessary to undertake such work.
(c) Limitation on Statutory Construction.--Nothing in this section
shall be construed to affect the rights and responsibilities of any
person under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.).
SEC. 8128. ASSESSMENT OF REGIONAL CONFINED AQUATIC DISPOSAL
FACILITIES.
(a) Authority.--The Secretary is authorized to conduct assessments
of the availability of confined aquatic disposal facilities for the
disposal of contaminated dredged material.
(b) Information and Comment.--In conducting an assessment under this
section, the Secretary shall--
(1) solicit information from stakeholders on potential
projects that may require disposal of contaminated sediments in
a confined aquatic disposal facility;
(2) solicit information from the applicable division of the
Corps of Engineers on the need for confined aquatic disposal
facilities; and
(3) <<NOTE: Public comment.>> provide an opportunity for
public comment.
(c) New England District Region Assessment.--In carrying out
subsection (a), the Secretary shall prioritize conducting an assessment
of the availability of confined aquatic disposal facilities
[[Page 136 STAT. 3717]]
in the New England District region for the disposal of contaminated
dredged material in such region.
(d) <<NOTE: Recommenda- tions.>> Report to Congress.--Not later
than 1 year after the date of enactment of this Act, the Secretary shall
submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and Public
Works of the Senate a report on the results of any assessments conducted
under this section, including any recommendations of the Secretary for
the construction of new confined aquatic disposal facilities or expanded
capacity for confined aquatic disposal facilities.
(e) Definition.--In this section, the term ``New England District
region'' means the area located within the boundaries of the New England
District in the North Atlantic Division of the Corps of Engineers.
SEC. 8129. STUDIES FOR PERIODIC NOURISHMENT.
(a) In General.--Section 156 of the Water Resources Development Act
of 1976 (42 U.S.C. 1962d-5f) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``15'' and
inserting ``50''; and
(B) in paragraph (2), by striking ``15''; and
(2) in subsection (e)--
(A) by striking ``10-year period'' and inserting
``16-year period''; and
(B) by striking ``6 years'' and inserting ``12
years''.
(b) <<NOTE: Delaware.>> Indian River Inlet Sand Bypass Plant.--For
purposes of the project for hurricane-flood protection and beach erosion
control at Indian River Inlet, Delaware, commonly known as the ``Indian
River Inlet Sand Bypass Plant'', authorized by section 869 of the Water
Resources Development Act of 1986 (100 Stat. 4182), a study carried out
under section 156(b) of the Water Resources Development Act of 1976 (42
U.S.C. 1962d-5f(b)) shall consider as an alternative for periodic
nourishment continued reimbursement of the Federal share of the cost to
the non-Federal interest for the project to operate and maintain the
sand bypass plant.
SEC. 8130. BENEFICIAL USE OF DREDGED MATERIAL; MANAGEMENT PLANS.
(a) Strategic Plan on Beneficial Use of Dredged Material.--
(1) <<NOTE: Deadline.>> In general.--Not later than 1 year
after the date of enactment of this section, the Secretary shall
submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Environment
and Public Works of the Senate a strategic plan that identifies
opportunities and challenges relating to furthering the policy
of the United States to maximize the beneficial use of suitable
dredged material obtained from the construction or operation and
maintenance of water resources development projects, as
described in section 125(a)(1) of the Water Resources
Development Act of 2020 (33 U.S.C. 2326g).
(2) Consultation.--In developing the strategic plan under
paragraph (1), the Secretary shall--
(A) consult with relevant Federal agencies involved
in the beneficial use of dredged material;
[[Page 136 STAT. 3718]]
(B) solicit and consider input from State and local
governments and Indian Tribes, while seeking to ensure a
geographic diversity of input from the various Corps of
Engineers divisions; and
(C) consider input received from other stakeholders
involved in beneficial use of dredged material.
(3) Inclusion.--The Secretary shall include in the strategic
plan developed under paragraph (1)--
(A) <<NOTE: Determination. Recommenda- tions.>>
identification of any specific barriers and conflicts
that the Secretary determines impede the maximization of
beneficial use of dredged material at the Federal,
State, and local level, and any recommendations of the
Secretary to address such barriers and conflicts;
(B) identification of specific measures to improve
interagency and Federal, State, local, and Tribal
communications and coordination to improve
implementation of section 125(a) of the Water Resources
Development Act of 2020 (33 U.S.C. 2326g); and
(C) identification of methods to prioritize the use
of dredged material to benefit water resources
development projects in areas experiencing
vulnerabilities to coastal land loss.
(b) Dredged Material Management Plans for Harbors in the State of
Ohio.--
(1) In general.--
(A) Formulation of plan.--In developing each dredged
material management plan for a federally authorized
harbor in the State of Ohio, including any such plan
under development on the date of enactment of this Act,
each District Commander shall include, as a constraint
on the formulation of the base plan and any
alternatives, a prohibition consistent with section 105
of the Energy and Water Development and Related Agencies
Appropriations Act, 2022 (Public Law 117-103; 136 Stat.
217) on the use of funds for open-lake disposal of
dredged material.
(B) Maximization of beneficial use.--Each dredged
material management plan for a federally authorized
harbor in the State of Ohio, including any such dredged
material management plan under development on the date
of enactment of this Act, shall maximize the beneficial
use of dredged material under the base plan and under
section 204(d) of the Water Resources Development Act of
1992 (33 U.S.C. 2326(d)).
(2) Savings provision.--Nothing in this subsection prohibits
the use of funds for open-lake disposal of dredged material if
such use is not otherwise prohibited by law.
SEC. 8131. <<NOTE: 33 USC 2238 note.>> CRITERIA FOR FUNDING
OPERATION AND MAINTENANCE OF SMALL,
REMOTE, AND SUBSISTENCE HARBORS.
(a) <<NOTE: Deadline. Evaluation.>> In General.--Not later than 180
days after the date of enactment of this Act, the Secretary shall
develop specific criteria for the annual evaluation and ranking of
maintenance dredging requirements for small harbors and remote and
subsistence harbors, taking into account the following:
(1) The contribution of a harbor to the local and regional
economy.
[[Page 136 STAT. 3719]]
(2) The extent to which a harbor has deteriorated since the
last cycle of maintenance dredging.
(3) Public safety concerns.
(b) Inclusion in Guidance.--The Secretary shall include the criteria
developed under subsection (a) in the annual Civil Works Direct Program
Development Policy Guidance of the Secretary.
(c) Report to Congress.--The Secretary shall include in each
biennial report submitted under section 210(e)(3) of the Water Resources
Development Act of 1986 (33 U.S.C. 2238(e)(3)) a ranking of projects in
accordance with the criteria developed under subsection (a) of this
section.
(d) Definitions.--In this section:
(1) Remote and subsistence harbor.--The term ``remote and
subsistence harbor'' means a harbor with respect to which
section 2006 of the Water Resources Development Act of 2007 (33
U.S.C. 2242) applies, as determined by the Secretary.
(2) Small harbor.--The term ``small harbor'' includes an
emerging harbor, as such term is defined in section 210 of the
Water Resources Development Act of 1986 (33 U.S.C. 2238).
SEC. 8132. <<NOTE: 33 USC 2238e.>> ADDITIONAL PROJECTS FOR
UNDERSERVED COMMUNITY HARBORS.
(a) In General.--Subject to the availability of appropriations
designated by statute as being for the purpose of carrying out this
section, the Secretary may carry out projects for underserved community
harbors for purposes of sustaining water-dependent commercial and
recreational activities at such harbors.
(b) <<NOTE: Determinations.>> Beneficial Use.--
(1) Justification.--The Secretary may carry out a project
under this section involving a disposal option for the
beneficial use of dredged material that is not the least cost
disposal option if the Secretary determines that the incremental
cost of the disposal option is reasonable pursuant to the
standard described in section 204(d)(1) of the Water Resources
Development Act of 1992 (33 U.S.C. 2326(d)(1)).
(2) Cost share.--The non-Federal share of the incremental
cost of a project carried out under this section involving a
disposal option for the beneficial use of dredged material that
is not the least cost disposal option shall be determined as
provided under subsections (a) through (d) of section 103 of the
Water Resources Development Act of 1986 (33 U.S.C. 2213).
(c) <<NOTE: Assessments.>> Prioritization.--The Secretary shall
prioritize carrying out projects using funds made available under this
section based on an assessment of--
(1) the local or regional economic benefits of the project;
(2) the environmental benefits of the project, including the
benefits to the aquatic environment to be derived from the
creation of wetland and control of shoreline erosion; and
(3) other social effects of the project, including
protection against loss of life and contributions to local or
regional cultural heritage.
(d) Clarification.--The Secretary shall not require the non-Federal
interest for a project carried out under this section to perform
additional operation and maintenance activities at the beneficial use
placement site or the disposal site for such project as a condition of
receiving assistance under this section.
[[Page 136 STAT. 3720]]
(e) Federal Participation Limit.--The Federal share of the cost of a
project under this section shall not exceed $10,000,000.
(f) Statutory Construction.--Projects carried out under this section
shall be in addition to operation and maintenance activities otherwise
carried out by the Secretary for underserved community harbors using
funds appropriated pursuant to section 210 of the Water Resources
Development Act of 1986 (33 U.S.C. 2238) or section 102(a) of the Water
Resources Development Act of 2020 (33 U.S.C. 2238 note).
(g) Definitions.--In this section:
(1) Project.--The term ``project'' means a single cycle of
maintenance dredging of an underserved community harbor and any
associated placement of dredged material at a beneficial use
placement site or disposal site.
(2) Underserved community harbor.--The term ``underserved
community harbor'' means an emerging harbor (as defined in
section 210(f) of the Water Resources Development Act of 1986
(33 U.S.C. 2238(f))) for which--
(A) no Federal funds have been obligated for
maintenance dredging in the current fiscal year or in
any of the 4 preceding fiscal years; and
(B) State and local investments in infrastructure
have been made during any of the 4 preceding fiscal
years.
(h) Authorization of Appropriations.--
(1) <<NOTE: Time period.>> In general.--There is authorized
to be appropriated to carry out this section $50,000,000 from
the General Fund of the Treasury for each of fiscal years 2023
through 2026, to be deposited into the ``corps of engineers--
civil--operation and maintenance'' account.
(2) Special rule.--Not less than 35 percent of the amounts
made available to carry out this section for each fiscal year
shall be used for projects involving the beneficial use of
dredged material.
SEC. 8133. <<NOTE: Contracts. 33 USC note prec. 2251.>> INLAND
WATERWAYS REGIONAL DREDGE PILOT PROGRAM.
(a) <<NOTE: Time period.>> In General.--The Secretary is authorized
to establish a pilot program (referred to in this section as the ``pilot
program'') to conduct a multiyear demonstration program to award
contracts with a duration of up to 5 years for dredging projects on
inland waterways of the United States described in section 206 of the
Inland Waterways Revenue Act of 1978 (33 U.S.C. 1804).
(b) Purposes.--The purposes of the pilot program shall be to--
(1) increase the reliability, availability, and efficiency
of federally owned and federally operated inland waterways
projects;
(2) decrease operational risks across the inland waterways
system; and
(3) provide cost savings by combining work across multiple
projects across different accounts of the Corps of Engineers.
(c) Demonstration.--
(1) In general.--The Secretary shall, to the maximum extent
practicable, award contracts for projects under subsection (a)
that combine work for construction and operation and
maintenance.
(2) Projects.--In awarding contracts under paragraph (1),
the Secretary shall consider projects that--
[[Page 136 STAT. 3721]]
(A) improve navigation reliability on inland
waterways that are accessible year-round;
(B) increase freight capacity on inland waterways;
and
(C) have the potential to enhance the availability
of containerized cargo on inland waterways.
(d) Savings Clause.--Nothing in this section affects the
responsibility of the Secretary with respect to the construction and
operation and maintenance of projects on the inland waterways system.
(e) <<NOTE: Evaluations.>> Report to Congress.--Not later than 1
year after the date on which the first contract is awarded pursuant to
the pilot program, the Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report that evaluates, with respect to the pilot program and any
contracts awarded under the pilot program--
(1) cost-effectiveness;
(2) reliability and performance;
(3) cost savings attributable to mobilization and
demobilization of dredge equipment; and
(4) response times to address navigational impediments.
(f) Sunset.--The authority of the Secretary to enter into contracts
pursuant to the pilot program shall expire on the date that is 10 years
after the date of enactment of this Act.
SEC. 8134. <<NOTE: 33 USC 2348a.>> NEPA REPORTING.
(a) Definitions.--In this section:
(1) Categorical exclusion.--The term ``categorical
exclusion'' has the meaning given the term in section 1508.1 of
title 40, Code of Federal Regulations (or a successor
regulation).
(2) Environmental assessment.--The term ``environmental
assessment'' has the meaning given the term in section 1508.1 of
title 40, Code of Federal Regulations (or a successor
regulation).
(3) Environmental impact statement.--The term
``environmental impact statement'' means a detailed written
statement required under section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
(4) Finding of no significant impact.--The term ``finding of
no significant impact'' has the meaning given the term in
section 1508.1 of title 40, Code of Federal Regulations (or a
successor regulation).
(5) Project study.--The term ``project study'' means a
feasibility study for a project carried out pursuant to section
905 of the Water Resources Development Act of 1986 (33 U.S.C.
2282) for which a categorical exclusion may apply, or an
environmental assessment or an environmental impact statement is
required, pursuant to the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(b) Reports.--
(1) NEPA data.--
(A) In general.--The Secretary shall carry out a
process to track, and annually submit to the Committee
on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives, a report containing the
information described in subparagraph (B).
[[Page 136 STAT. 3722]]
(B) Information described.--The information referred
to in subparagraph (A) is, with respect to the Corps of
Engineers--
(i) the number of project studies for which a
categorical exclusion was used during the
reporting period;
(ii) the number of project studies for which
the decision to use a categorical exclusion, to
prepare an environmental assessment, or to prepare
an environmental impact statement is pending on
the date on which the report is submitted;
(iii) the number of project studies for which
an environmental assessment was issued during the
reporting period, broken down by whether a finding
of no significant impact, if applicable, was based
on mitigation;
(iv) the length of time the Corps of Engineers
took to complete each environmental assessment
described in clause (iii);
(v) the number of project studies pending on
the date on which the report is submitted for
which an environmental assessment is being
drafted;
(vi) the number of project studies for which
an environmental impact statement was issued
during the reporting period;
(vii) the length of time the Corps of
Engineers took to complete each environmental
impact statement described in clause (vi); and
(viii) the number of project studies pending
on the date on which the report is submitted for
which an environmental impact statement is being
drafted.
(2) <<NOTE: Web posting.>> Public access to nepa reports.--
The Secretary shall make each annual report required under
paragraph (1) publicly available (including on a publicly
available website).
SEC. 8135. FUNDING TO PROCESS PERMITS.
Section 214(a)(2) of the Water Resources Development Act of 2000 (33
U.S.C. 2352(a)(2)) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(A) In general.--The Secretary''; and
(2) by adding at the end the following:
``(B) Mitigation bank instrument processing.--An
activity carried out by the Secretary to expedite
evaluation of a permit described in subparagraph (A) may
include the evaluation of an instrument for a mitigation
bank if--
``(i) the non-Federal public entity, public-
utility company, natural gas company, or railroad
carrier applying for the permit described in that
subparagraph is the sponsor of the mitigation
bank; and
``(ii) expediting evaluation of the instrument
is necessary to expedite evaluation of the permit
described in that subparagraph.''.
SEC. 8136. <<NOTE: Contracts. 10 USC 2667 note.>> LEASE
DURATIONS.
<<NOTE: Guidance.>> The Secretary shall issue guidance on the
circumstances under which a lease under section 2667 of title 10, United
States Code, or section 4 of the Act of December 22, 1944 (16 U.S.C.
460d),
[[Page 136 STAT. 3723]]
with a term in excess of 25 years is appropriate and in the public
interest.
SEC. 8137. REFORESTATION.
The Secretary is encouraged to consider measures to restore swamps
and other wetland forests in carrying out studies for water resources
development projects for ecosystem restoration, flood risk management,
and hurricane and storm damage risk reduction.
SEC. 8138. EMERGENCY STREAMBANK AND SHORELINE PROTECTION.
Section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r) is
amended--
(1) by inserting ``lighthouses (including those lighthouses
with historical value),'' after ``bridge approaches,''; and
(2) by striking ``$5,000,000'' and inserting
``$10,000,000''.
SEC. 8139 <<NOTE: Contracts.>> . LEASE DEVIATIONS.
The Secretary shall fully implement the requirements of section 153
of the Water Resources Development Act of 2020 (134 Stat. 2658).
SEC. 8140. <<NOTE: 33 USC 2295a.>> POLICY AND TECHNICAL
STANDARDS.
Every <<NOTE: Deadline. Revision. Rescission. Certification.>> 5
years, the Secretary shall revise, rescind, or certify as current, as
applicable, each policy and technical standards publication for the
civil works programs of the Corps of Engineers, including each engineer
regulation, engineer circular, engineer manual, engineer pamphlet,
engineer technical letter, planning guidance letter, policy guidance
letter, planning bulletin, and engineering and construction bulletin.
SEC. 8141. CORPS RECORDS RELATING TO HARMFUL ALGAL BLOOMS IN LAKE
OKEECHOBEE, FLORIDA.
(a) Service Records.--The Secretary shall indicate in the service
record of a member or employee of the Corps of Engineers who performs
covered duty that such member or employee was exposed to microcystin in
the line of duty.
(b) Covered Duty Defined.--In this section, the term ``covered
duty'' means duty performed--
(1) during a period when the Florida Department of
Environmental Protection has determined that there is a
concentration of microcystin of greater than 8 parts per billion
in the waters of Lake Okeechobee resulting from a harmful algal
bloom in such lake; and
(2) at or near any of the following structures:
(A) S-77.
(B) S-78.
(C) S-79.
(D) S-80.
(E) S-308.
SEC. 8142. FORECASTING MODELS FOR THE GREAT LAKES.
(a) Authorization.--There is authorized to be appropriated to the
Secretary $10,000,000 to complete and maintain a model suite to forecast
water levels, account for water level variability, and account for the
impacts of extreme weather events and other natural disasters in the
Great Lakes.
(b) Savings Provision.--Nothing in this section precludes the
Secretary from using funds made available pursuant to the Great Lakes
Restoration Initiative established by section 118(c)(7) of the
[[Page 136 STAT. 3724]]
Federal Water Pollution Control Act (33 U.S.C. 1268(c)(7)) for
activities described in subsection (a) for the Great Lakes, in addition
to carrying out activities under this section.
SEC. 8143. MONITORING AND ASSESSMENT PROGRAM FOR SALINE LAKES IN
THE GREAT BASIN.
(a) In General.--The Secretary is authorized to carry out a program
(referred to in this subsection as the ``program'') to monitor and
assess the hydrology of saline lake ecosystems in the Great Basin,
including the Great Salt Lake, to inform and support Federal and non-
Federal management and conservation activities to benefit those
ecosystems.
(b) Coordination.--The Secretary shall coordinate implementation of
the program with relevant--
(1) Federal and State agencies;
(2) Indian Tribes;
(3) local governments; and
(4) nonprofit organizations.
(c) Contracts and Cooperative Agreements.--The Secretary is
authorized to use contracts, cooperative agreements, or any other
authorized means to work with institutions of higher education and with
entities described in subsection (b) to implement the program.
(d) <<NOTE: Deadline.>> Update.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall submit to Congress an
update on the progress of the Secretary in carrying out the program.
(e) Additional Information.--In carrying out the program, the
Secretary may use available studies, information, literature, or data on
the Great Basin region published by relevant Federal, State, Tribal, or
local governmental entities.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000.
SEC. 8144. CHATTAHOOCHEE RIVER PROGRAM.
(a) Establishment.--
(1) In general.--The Secretary shall establish a program to
provide environmental assistance to non-Federal interests in the
Chattahoochee River Basin.
(2) Form.--
(A) In general.--The assistance provided under
paragraph (1) shall be in the form of design and
construction assistance for water-related resource
protection and restoration projects affecting the
Chattahoochee River Basin, based on the comprehensive
plan developed under subsection (b).
(B) Assistance.--Projects for which assistance is
provided under subparagraph (A) may include--
(i) projects for--
(I) sediment and erosion control;
(II) protection of eroding
shorelines;
(III) ecosystem restoration,
including restoration of submerged
aquatic vegetation;
(IV) protection of essential public
works;
(V) wastewater treatment, and
related facilities; and
(VI) beneficial uses of dredged
material; and
(ii) other related projects that may enhance
the living resources of the Chattahoochee River
Basin.
[[Page 136 STAT. 3725]]
(b) Comprehensive Plan.--
(1) <<NOTE: Deadline.>> In general.--Not later than 2 years
after the date of enactment of this Act, the Secretary, in
cooperation with State and local governmental officials and
affected stakeholders, shall develop a comprehensive
Chattahoochee River Basin restoration plan to guide the
implementation of projects under this section.
(2) Coordination.--The comprehensive plan developed under
paragraph (1) shall, to the maximum extent practicable, consider
and avoid duplication of any ongoing or planned actions of other
Federal, State, and local agencies and nongovernmental
organizations.
(3) Prioritization.--The comprehensive plan developed under
paragraph (1) shall give priority to projects described in
subsection (a)(2) that will improve water quality or quantity or
use a combination of structural and nonstructural measures,
including alternatives that use natural features or nature-based
features (as such terms are defined in section 1184 of the Water
Resources Development Act of 2016 (32 U.S.C. 2289a)).
(c) <<NOTE: Contracts.>> Agreement.--
(1) In general.--Before providing assistance for a project
under this section, the Secretary shall enter into an agreement
with a non-Federal interest for the design and construction of
the project.
(2) Requirements.--Each agreement entered into under this
subsection shall provide for--
(A) <<NOTE: Plans. Estimate.>> the development by
the Secretary, in consultation with appropriate Federal,
State, and local officials, of a resource protection and
restoration plan, including appropriate engineering
plans and specifications and an estimate of expected
resource benefits; and
(B) the establishment of such legal and
institutional structures as are necessary to ensure the
effective long-term operation and maintenance of the
project by the non-Federal interest.
(d) Cost Sharing.--
(1) Federal share.--The Federal share of the cost to design
and construct a project under each agreement entered into under
this section shall be 75 percent.
(2) Non-federal share.--
(A) Value of land, easements, rights-of-way, and
relocations. <<NOTE: Determination.>> --In determining
the non-Federal contribution toward carrying out an
agreement entered into under this section, the Secretary
shall provide credit to a non-Federal interest for the
value of land, easements, rights-of-way, and relocations
provided by the non-Federal interest, except that the
amount of credit provided for a project under this
paragraph may not exceed 25 percent of the total project
costs.
(B) Operation and maintenance costs.--The non-
Federal share of the costs of operation and maintenance
of a project carried out under an agreement under this
section shall be 100 percent.
(e) Projects on Federal Land.--
(1) In general.--Except as provided in paragraph (2), a
project carried out pursuant to the comprehensive plan developed
under subsection (b) that is located on Federal land shall
[[Page 136 STAT. 3726]]
be carried out at the expense of the Federal agency that owns
the land on which the project will be carried out.
(2) Non-federal contribution.--A Federal agency carrying out
a project described in paragraph (1) may accept contributions of
funds from non-Federal interests to carry out that project.
(f) Cooperation.--In carrying out this section, the Secretary shall
cooperate with--
(1) the heads of appropriate Federal agencies, including--
(A) the Administrator of the Environmental
Protection Agency;
(B) the Secretary of Commerce, acting through the
Administrator of the National Oceanic and Atmospheric
Administration;
(C) the Secretary of the Interior, acting through
the Director of the United States Fish and Wildlife
Service; and
(D) the heads of such other Federal agencies as the
Secretary determines to be appropriate; and
(2) agencies of any relevant State or political subdivision
of a State.
(g) Protection of Resources.--A project established under this
section shall be carried out using such measures as are necessary to
protect environmental, historic, and cultural resources.
(h) Projects Requiring Specific Authorization.--If the Federal share
of the cost to design and construct a project under this section exceeds
$15,000,000, the Secretary may only carry out the project if Congress
enacts a law authorizing the Secretary to carry out the project.
(i) Savings Provision.--Nothing in this section--
(1) establishes any express or implied reserved water right
in the United States for any purpose;
(2) affects any water right in existence on the date of
enactment of this Act;
(3) preempts or affects any State water law or interstate
compact governing water; or
(4) affects any Federal or State law in existence on the
date of enactment of this Act regarding water quality or water
quantity.
(j) Report.--Not later than 3 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that describes
the results of the program established under this section.
(k) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $40,000,000.
SEC. 8145. LOWER MISSISSIPPI RIVER BASIN DEMONSTRATION PROGRAM.
(a) Establishment.--
(1) In general.--The Secretary shall establish a program to
provide environmental assistance to non-Federal interests in the
Lower Mississippi River Basin.
(2) Form.--
(A) In general.--The assistance under paragraph (1)
shall be in the form of design and construction
assistance
[[Page 136 STAT. 3727]]
for flood or coastal storm risk management or aquatic
ecosystem restoration projects in the Lower Mississippi
River Basin based on the comprehensive plan developed
under subsection (b).
(B) Assistance.--Projects for which assistance is
provided under subparagraph (A) may include--
(i) projects for--
(I) sediment and erosion control;
(II) protection of eroding
riverbanks and streambanks and
shorelines;
(III) ecosystem restoration;
(IV) channel modifications; and
(V) beneficial uses of dredged
material; and
(ii) other related projects that may enhance
the living resources of the Lower Mississippi
River Basin.
(b) Comprehensive Plan.--
(1) <<NOTE: Deadline.>> In general.--Not later than 2 years
after the date of enactment of this Act, the Secretary, in
cooperation with State and local governmental officials and
affected stakeholders, shall develop a comprehensive Lower
Mississippi River Basin restoration plan to guide the
implementation of projects under this section.
(2) Coordination.--The comprehensive plan developed under
paragraph (1) shall, to the maximum extent practicable, consider
and avoid duplication of any ongoing or planned actions of other
Federal, State, and local agencies and nongovernmental
organizations.
(3) Prioritization.--The comprehensive plan developed under
paragraph (1) shall give priority to projects described in
subsection (a)(2) that will improve water quality, reduce
hypoxia in the Lower Mississippi River or the Gulf of Mexico, or
use a combination of structural and nonstructural measures,
including alternatives that use natural features or nature-based
features (as such terms are defined in section 1184 of the Water
Resources Development Act of 2016 (32 U.S.C. 2289a)).
(c) <<NOTE: Contracts.>> Agreement.--
(1) In general.--Before providing assistance for a project
under this section, the Secretary shall enter into an agreement
with a non-Federal interest for the design and construction of
the project.
(2) Requirements.--Each agreement entered into under this
subsection shall provide for--
(A) <<NOTE: Plans. Estimate.>> the development by
the Secretary, in consultation with appropriate Federal,
State, and local officials, of a resource protection and
restoration plan, including appropriate engineering
plans and specifications and an estimate of expected
resource benefits; and
(B) the establishment of such legal and
institutional structures as are necessary to ensure the
effective long-term operation and maintenance of the
project by the non-Federal interest.
(d) Cost Sharing.--
(1) Federal share.--The Federal share of the cost to design
and construct a project under each agreement entered into under
this section shall be 75 percent.
(2) Non-federal share.--
[[Page 136 STAT. 3728]]
(A) <<NOTE: Determination.>> Value of land,
easements, rights-of-way, and relocations.--In
determining the non-Federal contribution toward carrying
out an agreement entered into under this section, the
Secretary shall provide credit to a non-Federal interest
for the value of land, easements, rights-of-way, and
relocations provided by the non-Federal interest, except
that the amount of credit provided for a project under
this paragraph may not exceed 25 percent of the total
project costs.
(B) Operation and maintenance costs.--The non-
Federal share of the costs of operation and maintenance
of a project carried out under an agreement under this
section shall be 100 percent.
(e) Projects on Federal Land.--
(1) In general.--Except as provided in paragraph (2), a
project carried out pursuant to the comprehensive plan developed
under subsection (b) that is located on Federal land shall be
carried out at the expense of the Federal agency that owns the
land on which the project will be carried out.
(2) Non-federal contribution.--A Federal agency carrying out
a project described in paragraph (1) may accept contributions of
funds from non-Federal interests to carry out that project.
(f) Cooperation.--In carrying out this section, the Secretary shall
cooperate with--
(1) the heads of appropriate Federal agencies, including--
(A) the Secretary of Agriculture;
(B) the Secretary of the Interior, acting through
the Director of the United States Fish and Wildlife
Service; and
(C) the heads of such other Federal agencies as the
Secretary determines to be appropriate; and
(2) agencies of any relevant State or political subdivision
of a State.
(g) Protection of Resources.--A project established under this
section shall be carried out using such measures as are necessary to
protect environmental, historic, and cultural resources.
(h) Projects Requiring Specific Authorization.--If the Federal share
of the cost to design and construct a project under this section exceeds
$15,000,000, the Secretary may only carry out the project if Congress
enacts a law authorizing the Secretary to carry out the project.
(i) Report.--Not later than 3 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that describes
the results of the program established under this section.
(j) Definition.--In this section, the term ``Lower Mississippi River
Basin'' means the portion of the Mississippi River that begins at the
confluence of the Ohio River and flows to the Gulf of Mexico, and its
tributaries and distributaries.
(k) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $40,000,000.
[[Page 136 STAT. 3729]]
SEC. 8146. <<NOTE: 40 USC 9501 note.>> WASHINGTON AQUEDUCT.
(a) <<NOTE: Determination.>> Capital Improvement Authority.--The
Secretary may carry out capital improvements for the Washington Aqueduct
that the Secretary determines necessary for the safe, effective, and
efficient operation of the Aqueduct.
(b) Borrowing Authority.--
(1) In general.--Subject to paragraphs (2) through (4) and
subsection (c), the Secretary is authorized to borrow from the
Treasury of the United States such amounts as are sufficient to
cover any obligations that will be incurred by the Secretary in
carrying out capital improvements for the Washington Aqueduct
under subsection (a).
(2) Limitation.--The amount borrowed by the Secretary under
paragraph (1) may not exceed $40,000,000 in any fiscal year.
(3) <<NOTE: Contracts.>> Agreement.--Amounts borrowed under
paragraph (1) may only be used to carry out capital improvements
with respect to which the Secretary has entered into an
agreement with each customer.
(4) Terms of borrowing.--
(A) In general.--Subject to subsection (c), the
Secretary of the Treasury shall provide amounts borrowed
under paragraph (1) under such terms and conditions as
the Secretary of Treasury determines to be necessary and
in the public interest.
(B) Term.--The term of any loan made under paragraph
(1) shall be for a period of not less than 20 years.
(C) Prepayment.--There shall be no penalty for the
prepayment of any amounts borrowed under paragraph (1).
(c) Contracts With Customers.--
(1) In general.--The Secretary may not borrow any amounts
under subsection (b) until such time as the Secretary has
entered into a contract with each customer under which the
customer commits to pay a pro rata share (based on water
purchase) of the principal and interest owed to the Secretary of
the Treasury under subsection (b).
(2) Prepayment.--Any customer may pay, in advance, the pro
rata share of the principal and interest owed by the customer,
or any portion thereof, without penalty.
(3) Risk of default.--A customer that enters into a contract
under this subsection shall, as a condition of the contract,
commit to pay any additional amount necessary to fully offset
the risk of default on the contract.
(4) <<NOTE: Estimate.>> Obligations.--Each contract entered
into under paragraph (1) shall include such terms and conditions
as the Secretary of the Treasury may require so that the total
value to the Government of all contracts entered into under
paragraph (1) is estimated to be equal to the obligations of the
Secretary for carrying out capital improvements for the
Washington Aqueduct.
(5) Other conditions.--Each contract entered into under
paragraph (1) shall--
(A) include other conditions consistent with this
section that the Secretary and the Secretary of the
Treasury determine to be appropriate; and
[[Page 136 STAT. 3730]]
(B) provide the United States priority in regard to
income from fees assessed to operate and maintain the
Washington Aqueduct.
(d) Customer Defined.--In this section, the term ``customer''
means--
(1) the District of Columbia;
(2) Arlington County, Virginia; and
(3) Fairfax County, Virginia.
SEC. 8147. <<NOTE: 33 USC 2201 note.>> WATER INFRASTRUCTURE
PUBLIC-PRIVATE PARTNERSHIP PILOT
PROGRAM.
Section 5014 of the Water Resources Reform and Development Act of
2014 (33 U.S.C. 2201 note) is amended--
(1) in subsection (a), by striking ``aquatic''; and
(2) in subsection (d)(1), by inserting ``ecosystem
restoration,'' after ``flood damage reduction,''.
SEC. 8148. ADVANCE PAYMENT IN LIEU OF REIMBURSEMENT FOR CERTAIN
FEDERAL COSTS.
(a) In General.--The Secretary is authorized to provide in advance
to a non-Federal interest the Federal share of funds required for the
acquisition of land, easements, and rights-of-way and the performance of
relocations for a water resources development project or a separable
element of a water resources development project--
(1) that is authorized to be constructed at Federal expense;
(2) for which the Secretary has determined under section
103(b)(2) of the Water Resources Development Act of 1986 (33
U.S.C. 2213(b)(2)) that additional costs are a Federal
responsibility; or
(3) that is listed in subsection (b), if at any time the
cost to acquire the land, easements, and rights-of-way required
for the project is projected to exceed the non-Federal share of
the cost of the project.
(b) <<NOTE: State listing.>> Listed Projects.--The projects
referred to in subsection (a)(3) are the following:
(1) Project for hurricane and storm damage risk reduction,
Delaware Beneficial Use of Dredged Material for the Delaware
River, Delaware, authorized by section 401(3) of the Water
Resources Development Act of 2020 (134 Stat. 2736), as modified
by this Act.
(2) Project for ecosystem restoration, Mississippi River
Gulf Outlet, Louisiana, authorized by section 7013(a)(4) of the
Water Resources Development Act of 2007 (121 Stat. 1281), as
modified by this Act.
(3) Project for ecosystem restoration, Great Lakes and
Mississippi River Interbasin project, Brandon Road, Will County,
Illinois, authorized by title IV of the Water Resources
Development Act of 2020 (134 Stat. 2740), as modified by this
Act.
(4) Project for navigation, Port of Nome, Alaska, authorized
by section 401(1) of the Water Resources Development Act of 2020
(134 Stat. 2733), as modified by this Act.
(5) Project for storm damage reduction and shoreline erosion
protection, Lake Michigan, Illinois, from Wilmette, Illinois, to
the Illinois-Indiana State line, authorized by section
101(a)(12) of the Water Resources Development Act of 1996 (110
Stat. 3664), as modified by this Act.
[[Page 136 STAT. 3731]]
(6) Project for flood control, Milton, West Virginia,
authorized by section 580 of the Water Resources Development Act
of 1996 (110 Stat. 3790; 114 Stat. 2612; 121 Stat. 1154), as
modified by this Act.
(7) Project for coastal storm risk management, South Shore
of Staten Island, Fort Wadsworth to Oakwood Beach, New York, as
authorized by this Act.
SEC. 8149. USE OF OTHER FEDERAL FUNDS.
Section 2007 of the Water Resources Development Act of 2007 (33
U.S.C. 2222) is amended--
(1) by striking ``water resources study or project'' and
inserting ``water resources development study or project,
including a study or project under a continuing authority
program (as defined in section 7001(c)(1)(D) of the Water
Resources Reform and Development Act of 2014 (33 U.S.C.
2282d(c)(1)(D))) and a study or project under an environmental
infrastructure assistance program,''; and
(2) by striking ``if the Federal agency that provides the
funds determines that the funds are authorized to be used to
carry out the study or project.'' and inserting the following:
``if--
``(1) the statutory authority for the funds provided by the
Federal agency does not expressly prohibit use of the funds for
a study or project of the Corps of Engineers; and
``(2) the Federal agency that provides the funds determines
that the study or project activities for which the funds will be
used are otherwise eligible for funding under such statutory
authority.''.
SEC. 8150. <<NOTE: Establishment. 33 USC 2202 note.>> NON-FEDERAL
INTEREST ADVISORY COMMITTEE.
(a) <<NOTE: Deadline. Recommenda- tions.>> In General.--Not later
than 90 days after the date of enactment of this Act, the Secretary
shall establish a committee, to be known as the ``Non-Federal Interest
Advisory Committee'' and referred to in this section as the
``Committee'', to develop and make recommendations to the Secretary and
the Chief of Engineers on activities and actions that should be
undertaken by the Corps of Engineers to ensure more effective and
efficient delivery of water resources development projects, programs,
and other assistance.
(b) Membership.--
(1) In general.--The Committee shall be composed of the
members described in paragraph (2), who shall--
(A) <<NOTE: Appointments.>> be appointed by the
Secretary; and
(B) have the requisite experiential or technical
knowledge needed to address issues related to water
resources needs and challenges.
(2) Representatives.--The members of the Committee shall
include the following:
(A) 1 representative of each of the following:
(i) A non-Federal interest for a project for
navigation for an inland harbor.
(ii) A non-Federal interest for a project for
navigation for a harbor.
(iii) A non-Federal interest for a project for
flood risk management.
(iv) A non-Federal interest for a project for
coastal storm risk management.
[[Page 136 STAT. 3732]]
(v) A non-Federal interest for a project for
aquatic ecosystem restoration.
(B) 1 representative of each of the following:
(i) A non-Federal stakeholder with respect to
inland waterborne transportation.
(ii) A non-Federal stakeholder with respect to
water supply.
(iii) A non-Federal stakeholder with respect
to recreation.
(iv) A non-Federal stakeholder with respect to
hydropower.
(v) A non-Federal stakeholder with respect to
emergency preparedness, including coastal
protection.
(C) 1 representative of each of the following:
(i) An organization with expertise in
conservation.
(ii) An organization with expertise in
environmental policy.
(iii) An organization with expertise in rural
water resources.
(c) Duties.--
(1) Recommendations.--The Committee shall provide advice and
make recommendations to the Secretary and the Chief of Engineers
to assist the Corps of Engineers in--
(A) efficiently and effectively delivering water
resources development projects;
(B) improving the capability and capacity of the
workforce of the Corps of Engineers to deliver such
projects and other assistance;
(C) improving the capacity and effectiveness of
Corps of Engineers consultation and liaison roles in
communicating water resources needs and solutions,
including regionally specific recommendations; and
(D) strengthening partnerships with non-Federal
interests to advance water resources solutions.
(2) Meetings.--The Committee shall meet as appropriate to
develop and make recommendations under paragraph (1).
(3) Report.--Recommendations made under paragraph (1) shall
be--
(A) included in a report submitted to the Committee
on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives; and
(B) <<NOTE: Public information. Web posting.>> made
publicly available, including on a publicly available
website.
(d) Independent Judgment.--Any recommendation made by the Committee
to the Secretary and the Chief of Engineers under subsection (c)(1)
shall reflect the independent judgment of the Committee.
(e) Administration.--
(1) Compensation.--Except as provided in paragraph (2), the
members of the Committee shall serve without compensation.
(2) Travel expenses.--The members of the Committee shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
[[Page 136 STAT. 3733]]
(3) Treatment.--The members of the Committee shall not be
considered to be Federal employees, and the meetings and reports
of the Committee shall not be considered a major Federal action
under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
SEC. 8151. MATERIALS, SERVICES, AND FUNDS FOR REPAIR, RESTORATION,
OR REHABILITATION OF CERTAIN PUBLIC
RECREATION FACILITIES.
(a) Authorization.--During a period of low water at an eligible
public recreation facility, the Secretary is authorized to--
(1) accept and use materials, services, and funds from a
non-Federal interest to repair, restore, or rehabilitate the
facility; and
(2) <<NOTE: Reimbursement.>> reimburse the non-Federal
interest for the Federal share of the materials, services, or
funds.
(b) Requirement.--The Secretary may not reimburse a non-Federal
interest for the use of materials or services accepted under this
section unless the materials or services--
(1) meet the specifications of the Secretary; and
(2) <<NOTE: Compliance.>> comply with all applicable laws
and regulations that would apply if the materials and services
were acquired by the Secretary, including subchapter IV of
chapter 31 and chapter 37 of title 40, United States Code, and
section 8302 of title 41, United States Code.
(c) <<NOTE: Contracts.>> Agreement.--Before the acceptance of
materials, services, or funds under this section, the Secretary and the
non-Federal interest shall enter into an agreement that--
(1) specifies that the non-Federal interest shall hold and
save the United States free from liability for any and all
damages that arise from use of materials or services of the non-
Federal interest, except for damages due to the fault or
negligence of the United States or its contractors;
(2) <<NOTE: Requirement. Certification. Compliance.>>
requires that the non-Federal interest certify that the
materials or services comply with the applicable laws and
regulations described in subsection (b)(2); and
(3) includes any other term or condition required by the
Secretary.
(d) Sunset.--The authority to enter into an agreement under this
section shall expire on the date that is 10 years after the date of
enactment of this Act.
(e) Definition of Eligible Public Recreation Facility.--In this
section, the term ``eligible public recreation facility'' means a
facility that--
(1) is located--
(A) at a reservoir operated by the Corps of
Engineers; and
(B) in the Upper Missouri River Basin;
(2) was constructed to enable public use of and access to
the reservoir; and
(3) requires repair, restoration, or rehabilitation to
function.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out subsection (a)(2) $20,000,000, to remain
available until expended.
SEC. 8152. REHABILITATION OF PUMP STATIONS.
Section 133 of the Water Resources Development Act of 2020 (33
U.S.C. 2327a) is amended--
[[Page 136 STAT. 3734]]
(1) in subsection (a), by striking paragraph (1) and
inserting the following:
``(1) <<NOTE: Definition.>> Eligible pump station.--The
term `eligible pump station' means a pump station--
``(A) that is a feature of--
``(i) a federally authorized flood or coastal
storm risk management project; or
``(ii) an integrated flood risk reduction
system that includes a federally authorized flood
or coastal storm risk management project; and
``(B) the failure of which the Secretary has
determined would demonstrably impact the function of the
federally authorized flood or coastal storm risk
management project.'';
(2) by striking subsection (b) and inserting the following:
``(b) <<NOTE: Determination.>> Authorization.--The Secretary may
carry out rehabilitation of an eligible pump station, if the Secretary
determines that--
``(1) the eligible pump station has a major deficiency; and
``(2) the rehabilitation is feasible.''; and
(3) by adding at the end the following:
``(g) Prioritization.--To the maximum extent practicable, the
Secretary shall prioritize the rehabilitation of eligible pump stations
under this section that benefit economically disadvantaged communities,
as defined by the Secretary under section 160 of the Water Resources
Development Act of 2020 (33 U.S.C. 2201 note), including economically
disadvantaged communities located in urban and rural areas.''.
SEC. 8153. REPORT TO CONGRESS ON CORPS OF ENGINEERS RESERVOIRS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall complete the updated report required
under section 1046(a)(2)(B) of the Water Resources Reform and
Development Act of 2014 (128 Stat. 1252).
(b) Report to Congress; Public Availability.--Upon completion of the
report as required by subsection (a), the Secretary shall--
(1) submit the report to Congress; and
(2) <<NOTE: Web posting.>> make the full report publicly
available, including on a publicly available website.
SEC. 8154. TEMPORARY RELOCATION ASSISTANCE PILOT PROGRAM.
(a) <<NOTE: Deadline. Evaluation.>> In General.--Not later than 90
days after the date of enactment of this Act, the Secretary shall
establish a pilot program to evaluate the extent to which the provision
of temporary relocation assistance enhances the completeness,
effectiveness, efficiency, acceptability, and equitable implementation
of covered water resources development projects.
(b) Assistance Authorized.--Subject to subsection (c)--
(1) the non-Federal interest for a covered water resources
development project included in the pilot program established
under this section may provide temporary relocation assistance
to a temporarily displaced person; and
(2) the Secretary shall, pursuant to a project partnership
agreement--
(A) include the temporary relocation assistance
provided by the non-Federal interest for a covered water
resources development project under paragraph (1) in the
[[Page 136 STAT. 3735]]
value of the land, easements, and rights-of-way required
for the project; and
(B) credit the amount of the temporary relocation
assistance provided by the non-Federal interest for the
covered water resources development project under
paragraph (1) toward the non-Federal share of the cost
of the project.
(c) Requirements.--
(1) Request of non-federal interest.--At the request of the
non-Federal interest for a covered water resources development
project, the Secretary may include the project in the pilot
program established under this section.
(2) Duplication of benefits.--The Secretary and the non-
Federal interest for a covered water resources development
project included in the pilot program established under this
section shall ensure that no temporarily displaced person
receives temporary relocation assistance under this section for
expenses for which the temporarily displaced person has received
financial assistance from any insurance, other program, or any
other governmental source.
(3) Equal treatment.--The non-Federal interest for a covered
water resources development project included in the pilot
program established under this section shall provide temporary
relocation assistance to each temporarily displaced person on
equal terms.
(4) Maximum amount of credit.--The Secretary shall not
include in the value of the land, easements, and rights-of-way
required for a covered water resources development project, or
credit toward the non-Federal share of the cost of the project,
any amount paid to individuals of a single household by the non-
Federal interest for the project under subsection (b) that
exceeds $20,000.
(d) <<NOTE: Recommenda- tions.>> Report to Congress.--Not later
than 1 year after the date of enactment of this Act, and biennially
thereafter, the Secretary shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that includes
findings and recommendations of the Secretary with respect to the
provision of temporary relocation assistance for covered water resources
development projects included in the pilot program established under
this section.
(e) Sunset.--The authority to enter into or amend a project
partnership agreement for a covered water resources development project
under the pilot program established under this section shall expire on
the date that is 10 years after the date of enactment of this Act.
(f) Savings Provision.--Nothing in this section affects the
eligibility for, or entitlement to, relocation assistance under the
Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970 (42 U.S.C. 4601 et seq.) for any individual.
(g) Definitions.--In this section:
(1) Covered water resources development project.--The term
``covered water resources development project'' means the
following projects:
(A) Project for hurricane and storm damage risk
reduction, Charleston Peninsula, Coastal Storm Risk
Management, South Carolina, authorized by this Act.
[[Page 136 STAT. 3736]]
(B) Project for hurricane and storm damage risk
reduction, Fire Island Inlet to Montauk Point, New York,
authorized by section 401(3) of the Water Resources
Development Act of 2020 (134 Stat. 2738).
(C) Project for hurricane and storm damage risk
reduction, Rahway River Basin, New Jersey, authorized by
section 401(3) of the Water Resources Development Act of
2020 (134 Stat. 2737).
(D) Project for flood risk management, Peckman River
Basin, New Jersey, authorized by section 401(2) of the
Water Resources Development Act of 2020 (134 Stat.
2735).
(E) Project for hurricane and storm damage
reduction, New Jersey Back Bays, Cape May, Ocean,
Atlantic, Monmouth, and Burlington Counties, authorized
by resolutions of the Committee on Public Works and
Transportation of the House of Representatives and the
Committee on Environment and Public Works of the Senate,
approved in December 1987, under study on the date of
enactment of this Act.
(2) Dwelling.--The term ``dwelling'' means--
(A) a single-family house;
(B) a single-family unit in a two-family,
multifamily, or multipurpose property;
(C) a unit of a condominium or cooperative housing
project;
(D) a mobile home; or
(E) any other residential unit.
(3) Household.--The term ``household'' means 1 or more
individuals occupying a single dwelling.
(4) Temporarily displaced person.--The term ``temporarily
displaced person'' means an individual who is--
(A) required to temporarily move from a dwelling
that is the primary residence of the individual as a
direct result of the elevation or modification of the
dwelling by the Secretary or a non-Federal interest as
part of a covered water resources development project;
and
(B) not otherwise entitled to temporary relocation
assistance under the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (42
U.S.C. 4601 et seq.).
(5) Temporary relocation assistance.--The term ``temporary
relocation assistance'' means assistance that covers all or any
portion of the documented reasonable living expenses, excluding
food and personal transportation, incurred by a temporarily
displaced person during a period of displacement.
SEC. 8155. <<NOTE: 33 USC 2280 note.>> CONTINUATION OF
CONSTRUCTION.
(a) Continuation of Construction.--
(1) In general.--Upon the transmittal of an initial
notification pursuant to subsection (b)(1) with respect to a
water resources development project, the Secretary shall not,
solely on the basis of the maximum cost requirements under
section 902 of the Water Resources Development Act of 1986 (33
U.S.C. 2280)--
(A) defer the initiation or continuation of
construction of the water resources development project
during the covered period; or
[[Page 136 STAT. 3737]]
(B) <<NOTE: Contracts.>> terminate during or after
the covered period, a contract for design or
construction of the water resources development project
that was entered into prior to or during the covered
period.
(2) <<NOTE: Time period.>> Resumption of construction.--The
Secretary shall, upon the transmittal of an initial notification
pursuant to subsection (b)(1) with respect to a water resources
development project for which construction was deferred, during
the period beginning on October 1, 2021, and ending on the date
of enactment of this Act, because the cost of such project
exceeded the maximum cost permitted under section 902 of the
Water Resources Development Act of 1986 (33 U.S.C. 2280), resume
construction of the project.
(b) <<NOTE: Deadlines.>> Notification.--
(1) <<NOTE: Determination.>> Initial notification.--Not
later than 30 days after the Chief of Engineers makes a
determination that a water resources development project
exceeds, or is expected to exceed, the maximum cost of the
project permitted under section 902 of the Water Resources
Development Act of 1986 (33 U.S.C. 2280), the Chief of Engineers
shall transmit a written notification concurrently to the
Secretary and to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives for each such
determination.
(2) Supplemental notification.--Not later than 60 days after
the Chief of Engineers transmits an initial notification
required under paragraph (1), the Chief shall transmit
concurrently to the Secretary and to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a supplemental notification that includes, based
on information available to the Corps of Engineers on the date
of the supplemental notification--
(A) <<NOTE: Estimate.>> an estimate of the expected
increase in the cost of the project that is in excess of
the authorized maximum cost for the project;
(B) a description of the reason for the increased
cost of the project; and
(C) <<NOTE: Timeline.>> the expected timeline for
submission of a post-authorization change report for the
project in accordance with section 1132 of the Water
Resources Development Act of 2016 (33 U.S.C. 2282e).
(3) Transmittal.--The notifications described in paragraphs
(1) and (2) may not be delayed as a result of consideration
being given to changes in policy or priority with respect to
project consideration.
(c) Deferral of Construction.--After expiration of the covered
period, the Secretary shall not enter into any new contract, or exercise
any option in a contract, for construction of a water resources
development project if the project exceeds the maximum cost of the
project permitted under section 902 of the Water Resources Development
Act of 1986 (33 U.S.C. 2280), until the date on which Congress
authorizes an increase in the cost of the project.
(d) <<NOTE: Reports. Recommenda- tions.>> Statutory Construction.--
Nothing in this section waives the obligation of the Secretary to submit
to the Committee on Environment and Public Works of the Senate and the
Committee
[[Page 136 STAT. 3738]]
on Transportation and Infrastructure of the House of Representatives a
post-authorization change report recommending an increase in the
authorized cost of a project if the project otherwise would exceed the
maximum cost of the project permitted under section 902 of the Water
Resources Development Act of 1986 (33 U.S.C. 2280).
(e) Definition of Covered Period.--In this section, the term
``covered period'' means the period beginning on the date of enactment
of this Act and ending on December 31, 2024.
SEC. 8156. FEDERAL INTEREST DETERMINATION.
Section 905(b)(1) of the Water Resources Development Act of 1986 (33
U.S.C. 2282(b)(1)) is amended by amending subparagraph (B) to read as
follows:
``(B) <<NOTE: Reports. Study.>> Other
communities.--In preparing a feasibility report under
subsection (a) for a study that will benefit a community
other than a community described in subparagraph (A),
upon request by the non-Federal interest for the study,
the Secretary may, with respect to not more than 20
studies in each fiscal year, first determine the Federal
interest in carrying out the study and the projects that
may be proposed in the study.''.
SEC. 8157. INLAND WATERWAY PROJECTS.
(a) In General.--Section 102(a) of the Water Resources Development
Act of 1986 (33 U.S.C. 2212(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``One-half of the costs'' and inserting ``65 percent of the
costs''; and
(2) in the undesignated matter following paragraph (3), in
the second sentence, by striking ``One-half of such costs'' and
inserting ``35 percent of such costs''.
(b) <<NOTE: Effective date. 33 USC 2212 note.>> Application.--The
amendments made by subsection (a) shall apply beginning on October 1,
2022, to any construction of a project for navigation on the inland
waterways that is new or ongoing on or after that date.
(c) Conforming Amendment.--Section 109 of the Water Resources
Development Act of 2020 (33 U.S.C. 2212 note) is amended by striking
``fiscal years 2021 through 2031'' and inserting ``fiscal years 2021
through 2022''.
SEC. 8158. <<NOTE: 33 USC 701b-17.>> CORPS OF ENGINEERS WESTERN
WATER COOPERATIVE COMMITTEE.
(a) Establishment.--
(1) <<NOTE: Deadline.>> In general.--Not later than 90 days
after the date of enactment of this Act, the Secretary shall
establish a Western Water Cooperative Committee (referred to in
this section as the ``Cooperative Committee'').
(2) Purpose.--The purpose of the Cooperative Committee is to
ensure that Corps of Engineers flood control projects in Western
States are operated consistent with congressional directives by
identifying opportunities to avoid or minimize conflicts between
the operation of Corps of Engineers projects and water rights
and water laws in such States.
(3) Membership.--The Cooperative Committee shall be composed
of--
(A) the Assistant Secretary of the Army for Civil
Works (or a designee);
(B) the Chief of Engineers (or a designee);
[[Page 136 STAT. 3739]]
(C) <<NOTE: Appointment.>> 1 representative from
each of the Western States, who may serve on the Western
States Water Council, to be appointed by the Governor of
each State;
(D) <<NOTE: Appointment.>> 1 representative with
legal experience from each of the Western States, to be
appointed by the attorney general of each State; and
(E) 1 employee from each of the impacted regional
offices of the Bureau of Indian Affairs.
(4) Meetings.--
(A) <<NOTE: Time period.>> In general.--The
Cooperative Committee shall meet not less than once each
year in one of the Western States.
(B) Available to public.--Each meeting of the
Cooperative Committee shall be open and accessible to
the public.
(C) <<NOTE: Federal Register, publication.>>
Notification.--The Cooperative Committee shall publish
in the Federal Register adequate advance notice of a
meeting of the Cooperative Committee.
(5) Duties.--
(A) In general.--The Cooperative Committee shall
develop and make recommendations to avoid or minimize
conflicts between the operation of Corps of Engineers
projects and the water rights and water laws of Western
States.
(B) Limitation.--In carrying out subparagraph (A),
the Cooperative Committee shall--
(i) make recommendations that only apply to
Western States; and
(ii) ensure that any recommended changes or
modifications to policy or regulations for Corps
of Engineers projects would not adversely affect
water resources within the State of Missouri.
(6) Status updates.--
(A) <<NOTE: Reports.>> In general.--On an annual
basis, the Secretary shall provide to the Committee on
Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives a written report that
includes--
(i) <<NOTE: Summary.>> a summary of the
contents of meetings of the Cooperative Committee;
(ii) <<NOTE: Proposal.>> any legislative
proposal from a Western State proposed to the
Cooperative Committee; and
(iii) <<NOTE: Recommenda- tions.>> a
description of any recommendations made by the
Cooperative Committee under paragraph (5),
including actions taken by the Secretary in
response to such recommendations.
(B) Comment.--
(i) <<NOTE: Deadline.>> In general.--Not
later than 45 days following the conclusion of a
meeting of the Cooperative Committee, the
Secretary shall provide to members of the
Cooperative Committee an opportunity to comment on
the contents of the meeting and any
recommendations made under paragraph (5).
(ii) Inclusion.--Comments provided under
clause (i) shall be included in the report
provided under subparagraph (A).
(7) Compensation.--
[[Page 136 STAT. 3740]]
(A) In general.--Except as provided in subparagraph
(B), the members of the Cooperative Committee shall
serve without compensation.
(B) Travel expenses.--The members of the Cooperative
Committee shall receive travel expenses, including per
diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57
of title 5, United States Code.
(8) <<NOTE: Time period.>> Maintenance of records.--The
Cooperative Committee shall maintain records pertaining to
operating costs and records of the Cooperative Committee for a
period of not less than 3 years.
(9) Savings provisions.--
(A) No additional authority.--Nothing in this
section provides authority to the Cooperative Committee
to affect any Federal or State water law or interstate
compact governing water.
(B) Other states.--Nothing in this section may be
interpreted, by negative implication or otherwise, as
suggesting that States not represented on the
Cooperative Committee have lesser interest or authority,
in relation to Western States, in managing the water
within their borders or in vindicating State water
rights and water laws.
(b) Definition of Western States.--In this section, the term
``Western States'' means the States of Alaska, Arizona, California,
Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North
Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and
Wyoming.
SEC. 8159. SUPPORT OF ARMY CIVIL WORKS MISSIONS.
The <<NOTE: Contracts. State listing.>> Secretary is authorized to
use contracts, cooperative agreements, or any other authorized means, in
support of the Corps of Engineers civil works missions, to work with--
(1) the University of Delaware to conduct academic research
on water resource ecology, water quality, aquatic ecosystem
restoration (including shellfish aquaculture), coastal
restoration, and water resource-related emergency management, in
the State of Delaware, the Delaware River Basin, and the
Chesapeake Bay watershed;
(2) the University of Missouri to conduct economic analyses
and other academic research to improve water management, enhance
flood resiliency, and preserve water resources for the State of
Missouri, the Lower Missouri River Basin, and Upper Mississippi
River Basin;
(3) Oregon State University to conduct a study and other
academic research on the associated impacts of wildfire on water
resource ecology, water supply, quality, and distribution in the
Willamette River Basin and to develop a water resource
assessment and management platform for the Willamette River
Basin; and
(4) West Virginia University to conduct academic research on
flood risk management, water resource-related emergency
management, aquatic ecosystem restoration, water quality,
hydropower, and water resource-related recreation in the State
of West Virginia.
[[Page 136 STAT. 3741]]
SEC. 8160. CIVIL WORKS RESEARCH AND DEVELOPMENT.
(a) In General.--Section 7 of the Water Resources Development Act of
1988 (33 U.S.C. 2313) is amended to read as follows:
``SEC. 7. RESEARCH AND DEVELOPMENT.
``(a) In General.--The Secretary is authorized to carry out basic,
applied, and advanced research activities as required to aid in the
planning, design, construction, operation, and maintenance of water
resources development projects and to support the missions and
authorities of the Corps of Engineers.
``(b) Testing and Application.--In carrying out subsection (a), the
Secretary is authorized to test and apply technology, tools, techniques,
and materials developed pursuant to such subsection, including the
testing and application of such technology, tools, techniques, and
materials at authorized water resources development projects, in
consultation with the non-Federal interests for such projects.
``(c) Other Transactional Authority for Prototype Projects.--
``(1) In general.--In carrying out subsection (b), the
Secretary is authorized to enter into transactions (other than
contracts, cooperative agreements, or grants) to carry out
prototype projects to support basic, applied, and advanced
research activities that are directly relevant to the civil
works missions and authorities of the Corps of Engineers.
``(2) Follow-on production transactions.--A transaction
entered into under paragraph (1) for a prototype project may
provide for the award of a follow-on production contract or
transaction to the participants in the transaction in accordance
with the requirements of section 4022 of title 10, United States
Code.
``(3) Guidance.--Prior to entering into the first
transaction under this subsection, the Secretary shall issue
guidance for entering into transactions under this subsection
(including guidance for follow-on production contracts or
transactions under paragraph (2)).
``(4) Conditions.--In carrying out this subsection, the
Secretary shall ensure that--
``(A) competitive procedures are used to the maximum
extent practicable to award each transaction; and
``(B) at least one of the following conditions is
met with respect to each transaction:
``(i) The prototype project includes
significant participation by at least one
nonprofit research institution or nontraditional
defense contractor, as that term is defined in
section 3014 of title 10, United States Code.
``(ii) All significant participants in the
transaction other than the Federal Government are
small business concerns, as that term is used in
section 3 of the Small Business Act (15 U.S.C.
632) (including such concerns participating in a
program described in section 9 of such Act (15
U.S.C. 638)).
``(iii) At least one-third of the total cost
of the prototype project is to be paid out of
funds provided by sources other than the Federal
Government.
[[Page 136 STAT. 3742]]
``(iv) <<NOTE: Notification.>> The Head of
the Contracting Activity for the Corps of
Engineers submits to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment
and Public Works of the Senate a notification that
exceptional circumstances justify the use of a
transaction that provides for innovative business
arrangements or structures that would not be
feasible or appropriate under a contract,
cooperative agreement, or grant.
``(5) <<NOTE: Deadline.>> Notification.--Not later than 30
days before the Secretary enters into a transaction under
paragraph (1), the Secretary shall notify the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate of--
``(A) the dollar amount of the transaction;
``(B) the entity carrying out the prototype project
that is the subject of the transaction;
``(C) the justification for the transaction; and
``(D) as applicable, the water resources development
project where the prototype project will be carried out.
``(6) Report.--Not later than 4 years after the date of
enactment of the Water Resources Development Act of 2022, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee
on Environment and Public Works of the Senate a report
describing the use of the authority under this subsection.
``(7) Comptroller general access to information.--
``(A) Examination of records.--Each transaction
entered into under this subsection shall provide for
mandatory examination by the Comptroller General of the
United States of the records of any party to the
transaction or any entity that participates in the
performance of the transaction.
``(B) Limitations.--
``(i) <<NOTE: Time period.>> Parties and
entities.--Examination of records by the
Comptroller General pursuant to subparagraph (A)
shall be limited as provided under clause (ii) in
the case of a party to the transaction, an entity
that participates in the performance of the
transaction, or a subordinate element of that
party or entity if the only transactions that the
party, entity, or subordinate element entered into
with Government entities in the year prior to the
date of that transaction were entered into under
paragraph (1) or under section 4021 or 4022 of
title 10, United States Code.
``(ii) Records.--The only records of a party,
other entity, or subordinate element referred to
in clause (i) that the Comptroller General may
examine pursuant to subparagraph (A) are records
of the same type as the records that the
Government has had the right to examine under the
audit access clauses of the previous transactions
referred to in such clause that were entered into
by that particular party, entity, or subordinate
element.
``(C) Waiver.--The Head of the Contracting Activity
for the Corps of Engineers may waive the applicability
[[Page 136 STAT. 3743]]
of subparagraph (A) to a transaction if the Head of the
Contracting Activity for the Corps of Engineers--
``(i) <<NOTE: Determination.>> determines
that it would not be in the public interest to
apply the requirement to the transaction; and
``(ii) <<NOTE: Notification.>> transmits to
the Committee on Environment and Public Works of
the Senate, the Committee on Transportation and
Infrastructure of the House of Representatives,
and the Comptroller General, before the
transaction is entered into, a notification of the
waiver, including the rationale for the
determination under clause (i).
``(D) Timing.--The Comptroller General may not
examine records pursuant to subparagraph (A) more than 3
years after the final payment is made by the United
States under the transaction.
``(E) Report.--Not later than 1 year after the date
of enactment of the Water Resources Development Act of
2022, and annually thereafter, the Comptroller General
shall submit to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a
report on the use of the authority under this paragraph.
``(8) Termination of authority.--The authority to enter into
a transaction under this subsection shall terminate on December
31, 2028.
``(d) Coordination and Consultation.--In carrying out this section,
the Secretary may coordinate and consult with Federal agencies, State
and local agencies, Indian Tribes, universities, consortiums, councils,
and other relevant entities that will aid in the planning, design,
construction, operation, and maintenance of water resources development
projects.
``(e) Annual Report.--
``(1) In general.--For fiscal year 2025, and annually
thereafter, in conjunction with the annual budget submission of
the President to Congress under section 1105(a) of title 31,
United States Code, the Secretary shall submit to the Committee
on Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a report on basic, applied, and advanced
research activities and prototype projects carried out under
this section.
``(2) Contents.--Each report under paragraph (1) shall
include--
``(A) a description of each ongoing and new activity
or project, including--
``(i) <<NOTE: Cost estimate.>> the estimated
total cost of the activity or project;
``(ii) the amount of Federal expenditures for
the activity or project;
``(iii) the amounts provided by a non-Federal
party to a transaction described in subsection
(c), if applicable;
``(iv) <<NOTE: Timeline.>> the estimated
timeline for completion of the activity or
project;
``(v) the requesting district of the Corps of
Engineers, if applicable; and
[[Page 136 STAT. 3744]]
``(vi) how the activity or project is
consistent with subsection (a); and
``(B) any additional information that the Secretary
determines to be appropriate.
``(f) Savings Clause.--Nothing in this section affects the authority
of the Secretary to carry out, through the Engineer Research and
Development Center, any activity requested by a district of the Corps of
Engineers in support of a water resources development project or
feasibility study (as defined in section 105(d) of the Water Resources
Development Act of 1986 (33 U.S.C. 2215(d))).
``(g) Establishment of Account.--The Secretary, in consultation with
the Director of the Office of Management and Budget, shall establish a
separate appropriations account for administering funds made available
to carry out this section.''.
(b) Clerical Amendment.--The table of contents contained in section
1(b) of the Water Resources Development Act of 1988 (102 Stat. 4012) is
amended by striking the item relating to section 7 and inserting the
following:
``Sec. 7. Research and development.''.
SEC. 8161. SENSE OF CONGRESS ON OPERATIONS AND MAINTENANCE OF
RECREATION SITES.
It is the sense of Congress that the Secretary, in each work plan
submitted to Congress by the Secretary, should distribute amounts
provided for the operations and maintenance of recreation sites of the
Corps of Engineers so that each site receives an amount that is not less
than 80 percent of the recreation fees generated by such site in a given
year.
SEC. 8162. SENSE OF CONGRESS RELATING TO POST-DISASTER REPAIRS.
It is the sense of Congress that in scoping and funding post-
disaster repairs, the Secretary should, to the maximum extent
practicable, repair assets--
(1) to project design levels; or
(2) if the original project design is outdated, to a higher
level than the project design level.
Subtitle B--Studies and Reports
SEC. 8201. <<NOTE: State listing.>> AUTHORIZATION OF PROPOSED
FEASIBILITY STUDIES.
(a) New Projects.--The Secretary is authorized to conduct a
feasibility study for the following projects for water resources
development and conservation and other purposes, as identified in the
reports titled ``Report to Congress on Future Water Resources
Development'' submitted to Congress pursuant to section 7001 of the
Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d) or
otherwise reviewed by Congress:
(1) Dudleyville, arizona.--Project for flood risk
management, Dudleyville, Arizona.
(2) Mcmicken dam, arizona.--Project for flood risk
management, McMicken Dam, Arizona.
(3) Conn creek dam, california.--Project for flood risk
management, Conn Creek Dam, California.
(4) City of huntington beach, california.--Project for
hurricane and storm damage risk reduction, including sea level
[[Page 136 STAT. 3745]]
rise, and shoreline stabilization, City of Huntington Beach,
California.
(5) Napa river, california.--Project for navigation, Federal
Channel of Napa River, California.
(6) Petaluma river wetlands, california.--Project for
ecosystem restoration, City of Petaluma, California.
(7) City of rialto, california.--Project for ecosystem
restoration and flood risk management, City of Rialto and
vicinity, California.
(8) North richmond, california.--Project for hurricane and
storm damage risk reduction, including sea level rise, and
ecosystem restoration, North Richmond, California.
(9) Stratford, connecticut.--Project for hurricane and storm
damage risk reduction and flood risk management, Stratford,
Connecticut.
(10) Thatchbed island, connecticut.--Project for flood risk
management and ecosystem restoration, Thatchbed Island, Essex,
Connecticut.
(11) Woodbridge, connecticut.--Project for flood risk
management, Woodbridge, Connecticut.
(12) Federal triangle area, washington, district of
columbia.--Project for flood risk management, Federal Triangle
Area, Washington, District of Columbia, including construction
of improvements to interior drainage.
(13) Potomac and anacostia rivers, washington, district of
columbia.--Project for recreational access, including enclosed
swimming areas, Potomac and Anacostia Rivers, District of
Columbia.
(14) Washington metropolitan area, washington, district of
columbia, maryland, and virginia.--Project for water supply,
including the identification of a secondary water source and
additional water storage capability for the Washington
Metropolitan Area, Washington, District of Columbia, Maryland,
and Virginia.
(15) Town of longboat key, florida.--Project for whole
island hurricane and storm damage risk reduction, Town of
Longboat Key, Florida.
(16) Lake runnymede, florida.--Project for ecosystem
restoration, Lake Runnymede, Florida.
(17) Tampa back bay, florida.--Project for flood risk
management and hurricane and storm damage risk reduction,
including the use of natural features and nature-based features
for protection and recreation, Tampa Back Bay, Florida.
(18) Port tampa bay and mckay bay, florida.--Project for
hurricane and storm damage risk reduction, Port Tampa Bay,
Florida, including McKay Bay.
(19) Lake tohopekaliga, florida.--Project for ecosystem
restoration and flood risk management, Lake Tohopekaliga,
Florida.
(20) City of albany, georgia.--Project for flood risk
management, City of Albany, Georgia.
(21) City of east point, georgia.--Project for flood risk
management, City of East Point, Georgia.
(22) Cumberland island and sea island, georgia.--Project for
ecosystem restoration and coastal storm risk management,
Cumberland Island and Sea Island, Georgia.
[[Page 136 STAT. 3746]]
(23) Flint river basin headwaters, clayton county,
georgia.--Project for flood risk management and ecosystem
restoration, Flint River Basin Headwaters, Clayton County,
Georgia.
(24) County of hawai`i, hawaii.--Project for flood and
coastal storm risk management, County of Hawai`i, Hawaii.
(25) Maui, hawaii.--Project for coastal storm risk
management, County of Maui, Hawaii.
(26) Waikiki, hawaii.--Project for ecosystem restoration and
hurricane and storm damage risk reduction, Waikiki, Hawaii.
(27) Wailupe stream watershed, hawaii.--Project for flood
risk management, Wailupe Stream watershed, Hawaii.
(28) Columbus, kentucky.--Project for flood risk management,
including riverbank stabilization, Columbus, Kentucky.
(29) Cumberland river, kentucky.--Project for navigation,
Cumberland River, Kentucky.
(30) Jenkins, kentucky.--Project for flood risk management
and water supply, Jenkins, Kentucky.
(31) Kentucky river, kentucky.--Project for flood risk
management on the Kentucky River and its tributaries and
watersheds in Breathitt, Clay, Estill, Harlan, Lee, Leslie,
Letcher, Owsley, Perry, and Wolfe Counties, Kentucky.
(32) Newport, kentucky.--Project for ecosystem restoration,
flood risk management, and recreation, Newport, Kentucky.
(33) Ellicott city and howard county, maryland.--Project for
flood risk management, Ellicott City and Howard County,
Maryland.
(34) Assawompset pond complex, massachusetts.--Project for
ecosystem restoration, flood risk management, and water supply,
Assawompset Pond Complex, Massachusetts.
(35) Charles river, massachusetts.--Project for flood risk
management and ecosystem restoration, Charles River,
Massachusetts.
(36) Chelsea creek and mill creek, massachusetts.--Project
for flood risk management and ecosystem restoration, including
bank stabilization, City of Chelsea, Massachusetts.
(37) Connecticut river streambank erosion, massachusetts,
vermont, and new hampshire.--Project for streambank erosion,
Connecticut River, Massachusetts, Vermont, and New Hampshire.
(38) Deerfield river, massachusetts.--Project for flood risk
management and ecosystem restoration, Deerfield River,
Massachusetts.
(39) Town of north attleborough, massachusetts.--Project for
ecosystem restoration and flood risk management, Ten Mile River,
North Attleborough, Massachusetts.
(40) Town of hull, massachusetts.--Project for flood risk
management and hurricane and storm damage risk reduction, Hull,
Massachusetts.
(41) City of revere, massachusetts.--Project for flood risk
management and marsh ecosystem restoration, City of Revere,
Massachusetts.
(42) Lower east side, detroit, michigan.--Project for flood
risk management, Lower East Side, Detroit, Michigan.
[[Page 136 STAT. 3747]]
(43) Elijah root dam, michigan.--Project for dam removal, by
carrying out a disposition study under section 216 of the Flood
Control Act of 1970 (33 U.S.C. 549a), Elijah Root Dam, Michigan.
(44) Grosse pointe shores and grosse pointe farms,
michigan.--Project for ecosystem restoration and flood risk
management, Grosse Pointe Shores and Grosse Pointe Farms,
Michigan.
(45) Southeast michigan, michigan.--Project for flood risk
management, Southeast Michigan.
(46) Tittabawassee river, chippewa river, pine river, and
tobacco river, michigan.--Project for flood risk management and
ecosystem restoration, Tittabawassee River, Chippewa River, Pine
River, and Tobacco River, Michigan.
(47) Southwest mississippi, mississippi.--Project for
ecosystem restoration and flood risk management, Wilkinson,
Adams, Warren, Claiborne, Franklin, Amite, and Jefferson
Counties, Mississippi.
(48) Bellevue, nebraska.--Project for flood risk management,
Bellevue, Nebraska, including the placement of a pump station
near Offutt Ditch.
(49) Papillion creek, nebraska.--Project for flood risk
management, including levee improvement, Papillion Creek,
Nebraska.
(50) Sarpy county, nebraska.--Project for flood risk
management, Sarpy County, Nebraska.
(51) Camden and gloucester county, new jersey.--Project for
tidal and riverine flood risk management, Camden and Gloucester
Counties, New Jersey.
(52) Edgewater, new jersey.--Project for flood risk
management, Edgewater, New Jersey.
(53) Maurice river, new jersey.--Project for navigation and
for beneficial use of dredged materials for hurricane and storm
damage risk reduction and ecosystem restoration, Maurice River,
New Jersey.
(54) Northern new jersey inland flooding, new jersey.--
Project for inland flood risk management in Hudson, Essex,
Union, Bergen, Hunterdon, Morris, Somerset, Warren, Passaic, and
Sussex Counties, New Jersey.
(55) Riser ditch, new jersey.--Project for flood risk
management, including channel improvements, and other related
water resource needs related to Riser Ditch in the communities
of South Hackensack, Hasbrouck Heights, Little Ferry, Teterboro,
and Moonachie, New Jersey.
(56) Rockaway river, new jersey.--Project for flood risk
management and ecosystem restoration, including bank
stabilization, Rockaway River, New Jersey.
(57) Tenakill brook, new jersey.--Project for flood risk
management, Tenakill Brook, New Jersey.
(58) Verona, cedar grove, and west caldwell, new jersey.--
Project for flood risk management along the Peckman River Basin
in the townships of Verona (and surrounding area), Cedar Grove,
and West Caldwell, New Jersey.
(59) Whippany river watershed, new jersey.--Project for
flood risk management, Morris County, New Jersey.
(60) Lake farmington dam, new mexico.--Project for water
supply, Lake Farmington Dam, New Mexico.
[[Page 136 STAT. 3748]]
(61) Mcclure dam, new mexico.--Project for dam safety
improvements and flood risk management, McClure Dam, City of
Santa Fe, New Mexico.
(62) Blind brook, new york.--Project for flood risk
management, coastal storm risk management, navigation, ecosystem
restoration, and water supply, Blind Brook, New York.
(63) Brooklyn navy yard, new york.--Project for flood risk
management and hurricane and storm damage risk reduction,
Brooklyn Navy Yard, New York.
(64) Connetquot river and green creek, new york.--Project
for navigation, Connetquot River and Green Creek, Suffolk
County, New York.
(65) Hutchinson river, new york.--Project for flood risk
management and ecosystem restoration, Hutchinson River, New
York.
(66) Mohawk river basin, new york.--Project for flood risk
management, navigation, and environmental restoration, Mohawk
River Basin, New York.
(67) Newtown creek, new york.--Project for ecosystem
restoration, Newtown Creek, New York.
(68) John j. burns park, oyster bay, new york.--Project for
flood risk management and hurricane and storm risk reduction,
Oyster Bay, New York, in the vicinity of John J. Burns Park,
Massapequa, New York, including the replacement and
reconstruction of the existing bulkhead system.
(69) Joseph j. saladino memorial marina, oyster bay, new
york.--Project for flood risk management and hurricane and storm
risk reduction, Oyster Bay, New York, in the vicinity of the
Joseph J. Saladino Memorial Marina, Massapequa, New York,
including the replacement and reconstruction of the existing
bulkhead system.
(70) Saw mill river, new york.--Project for flood risk
management and ecosystem restoration to address areas in the
City of Yonkers and the Village of Hastings-on-Hudson within the
100-year flood zone, Saw Mill River, New York.
(71) South shore of long island, new york.--Project for
flood and coastal storm risk management, navigation, and
ecosystem restoration, South Shore of Long Island, New York.
(72) Upper east river and flushing bay, new york.--Project
for ecosystem restoration, Upper East River and Flushing Bay,
New York.
(73) Cape fear river basin, north carolina.--Project for
flood and coastal storm risk management, Cape Fear River Basin,
North Carolina.
(74) Oregon inlet, north carolina.--Project for navigation,
Oregon Inlet, North Carolina.
(75) Mineral ridge dam, ohio.--Project for dam safety
improvements and rehabilitation, Mineral Ridge Dam, Ohio.
(76) Mill creek levee and walla walla river, oregon.--
Project for ecosystem restoration, Mill Creek Levee and Walla
Walla River, Oregon.
(77) Brodhead creek watershed, pennsylvania.--Project for
ecosystem restoration and flood risk management, Brodhead Creek
Watershed, Pennsylvania.
(78) Chartiers creek watershed, pennsylvania.--Project for
flood risk management, Chartiers Creek Watershed, Pennsylvania.
[[Page 136 STAT. 3749]]
(79) Coplay creek, pennsylvania.--Project for flood risk
management, Coplay Creek, Pennsylvania.
(80) Berkeley county, south carolina.--Project for ecosystem
restoration and flood risk management, Berkeley County, South
Carolina.
(81) Big sioux river, south dakota.--Project for flood risk
management, City of Watertown and vicinity, South Dakota.
(82) El paso county, texas.--Project for flood risk
management for economically disadvantaged communities, as
defined by the Secretary under section 160 of the Water
Resources Development Act of 2020 (33 U.S.C. 2201 note), along
the United States-Mexico border, El Paso County, Texas.
(83) Gulf intracoastal waterway-channel to palacios,
texas.--Project for navigation, Gulf Intracoastal Waterway-
Channel to Palacios, Texas.
(84) Hidalgo and cameron counties, texas.--Project for flood
risk management and ecosystem restoration, the Resacas, Hidalgo
and Cameron Counties, Texas.
(85) Sikes lake, texas.--Project for ecosystem restoration
and flood risk management, Sikes Lake, Texas.
(86) Southwest border region, texas.--Project for flood risk
management for economically disadvantaged communities, as
defined by the Secretary under section 160 of the Water
Resources Development Act of 2020 (33 U.S.C. 2201 note), along
the United States-Mexico border in Webb, Zapata, and Starr
Counties, Texas.
(87) Lower clear creek and dickinson bayou, texas.--Project
for flood risk management, Lower Clear Creek and Dickinson
Bayou, Texas.
(88) Great salt lake, utah.--Project for ecosystem
restoration and water supply, Great Salt Lake, Utah.
(89) Cedar island, virginia.--Project for ecosystem
restoration, hurricane and storm damage risk reduction, and
navigation, Cedar Island, Virginia.
(90) Ballinger creek, washington.--Project for ecosystem
restoration, City of Shoreline, Washington.
(91) City of north bend, washington.--Project for water
supply, City of North Bend, Washington.
(92) Taneum creek, washington.--Project for ecosystem
restoration, Taneum Creek, Washington.
(93) City of huntington, west virginia.--Project for flood
risk management, Huntington, West Virginia.
(94) Fox-wolf basin, wisconsin.--Project for flood risk
management and water supply, Fox-Wolf Basin, Wisconsin.
(b) Project Modifications.--The Secretary is authorized to conduct a
feasibility study for the following project modifications:
(1) Craighead, poinsett, and cross counties, arkansas.--
Modifications to the project for flood protection and major
drainage improvement in the Saint Francis River Basin, Missouri
and Arkansas, authorized by section 204 of the Flood Control Act
of 1950 (64 Stat. 172), to provide flood risk management for the
tributaries and drainage of Straight Slough, Craighead,
Poinsett, and Cross Counties, Arkansas.
(2) Shingle creek and kissimmee river, florida.--
Modifications to the project for ecosystem restoration and water
[[Page 136 STAT. 3750]]
storage, Shingle Creek and Kissimmee River, Florida, authorized
by section 201(a)(5) of the Water Resources Development Act of
2020 (134 Stat. 2670), for flood risk management.
(3) Jacksonville harbor, florida.--Modifications to the
project for navigation, Jacksonville Harbor, Florida, authorized
by section 7002 of the Water Resources Reform and Development
Act of 2014 (128 Stat. 1364), for outer channel improvements.
(4) Savannah harbor, georgia.--Modifications to the project
for navigation, Savannah Harbor Expansion Project, Georgia,
authorized by section 7002(1) of the Water Resources Reform and
Development Act of 2014 (128 Stat. 1364; 132 Stat. 3839),
without evaluation of additional deepening.
(5) Honolulu harbor, hawaii.--Modifications to the project
for navigation, Honolulu Harbor, Hawaii, for navigation
improvements and coastal storm risk management, authorized by
the first section of the Act of March 3, 1905 (chapter 1482, 33
Stat. 1146).
(6) Cedar river, cedar rapids, iowa.--Modifications to the
project for flood risk management, Cedar River, Cedar Rapids,
Iowa, authorized by section 7002(2) of the Water Resources
Reform and Development Act of 2014 (128 Stat. 1366), consistent
with the City of Cedar Rapids, Iowa, Cedar River Flood Control
System Master Plan.
(7) South haven harbor, michigan.--Modifications to the
project for navigation, South Haven Harbor, Michigan, for
turning basin improvements, authorized by the first section of
the Act of August 11, 1888 (chapter 860, 25 Stat. 406).
(8) Salem river, salem county, new jersey.--Modifications to
the project for navigation, Salem River, Salem County, New
Jersey, authorized by section 1 of the Act of March 2, 1907
(chapter 2509, 34 Stat. 1080), to increase the authorized depth.
(9) Port of ogdensburg, new york.--Modifications to the
project for navigation, Port of Ogdensburg, New York, including
deepening, authorized by the first section of the Act of June
25, 1910 (chapter 382, 36 Stat. 635).
(10) Rollinson channel and hatteras inlet to hatteras, north
carolina.--Modifications to the project for navigation,
Rollinson Channel and channel from Hatteras Inlet to Hatteras,
North Carolina, authorized by section 101 of the River and
Harbor Act of 1962 (76 Stat. 1174), to incorporate the ocean
bar.
(11) Hiram m. chittenden locks, lake washington ship canal,
washington.--Modifications to the Hiram M. Chittenden Locks
(also known as Ballard Locks), Lake Washington Ship Canal,
Washington, authorized by the Act of June 25, 1910 (chapter 382,
36 Stat. 666), for the construction of fish ladder improvements,
including efforts to address elevated temperature and low
dissolved oxygen levels in the Canal.
(12) Huntington, west virginia.--Modifications to the
Huntington Local Protection Project, Huntington, West Virginia.
(c) <<NOTE: Continuations.>> Special Rules.--
(1) Wailupe stream watershed, hawaii.--The study authorized
by subsection (a)(27) shall be considered a resumption and a
continuation of the general reevaluation initiated
[[Page 136 STAT. 3751]]
on December 30, 2003, pursuant to section 209 of the Flood
Control Act (76 Stat. 1197).
(2) Bellevue and papillion creek, nebraska.--The studies
authorized by paragraphs (48) and (49) of subsection (a) shall
be considered a continuation of the study that resulted in the
Chief's Report for the project for Papillion Creek and
Tributaries Lakes, Nebraska, signed January 24, 2022.
(3) South shore of long island, new york.--In carrying out
the study authorized by subsection (a)(71), the Secretary shall
study the South Shore of Long Island, New York, as a whole
system, including inlets that are Federal channels.
(4) Project modifications.--Each study authorized by
subsection (b) shall be considered a new phase investigation and
afforded the same treatment as a general reevaluation.
SEC. 8202. <<NOTE: State listing.>> EXPEDITED COMPLETION.
(a) <<NOTE: Determination.>> Feasibility Studies.--The Secretary
shall expedite the completion of a feasibility study for each of the
following projects, and if the Secretary determines that the project is
justified in a completed report, may proceed directly to preconstruction
planning, engineering, and design of the project:
(1) Modifications to the project for navigation, Auke Bay,
Alaska.
(2) Project for flood risk management, Cave Buttes Dam,
Arizona.
(3) Project for navigation, Branford Harbor and Stony Creek
Channel, Connecticut.
(4) Project for flood risk management, East Hartford Levee
System, Connecticut.
(5) Project for navigation, Guilford Harbor and Sluice
Channel, Connecticut.
(6) Project for ecosystem restoration, Lake Okeechobee,
Florida.
(7) Project for ecosystem restoration, Western Everglades,
Florida.
(8) Modifications to the project for navigation, Hilo
Harbor, Hawaii.
(9) Project for ecosystem restoration, Fox River, Illinois,
included in the comprehensive plan under section 519 of the
Water Resources Development Act of 2000 (114 Stat. 2653).
(10) Project for ecosystem restoration, recreation, and
other purposes, Illinois River, Chicago River, Calumet River,
Grand Calumet River, Little Calumet River, and other waterways
in the vicinity of Chicago, Illinois, authorized by section
201(a)(7) of the Water Resources Development Act of 2020 (134
Stat. 2670).
(11) Project for hurricane and storm damage risk reduction,
Chicago Shoreline, Illinois, authorized by section 101(a)(12) of
the Water Resources Development Act of 1996 (110 Stat. 3664; 128
Stat. 1372).
(12) Project for coastal storm risk management, St. Tammany
Parish, Louisiana.
(13) Modifications to the project for navigation, Baltimore
Harbor and Channels-Seagirt Loop Deepening, Maryland, including
to a depth of 50 feet.
[[Page 136 STAT. 3752]]
(14) Project for flood and coastal storm risk management and
ecosystem restoration, Boston North Shore, Revere, Saugus, Lynn,
Malden, and Everett, Massachusetts.
(15) Project for flood and coastal storm risk management,
Chelsea, Massachusetts, authorized by a study resolution of the
Committee on Public Works of the Senate dated September 12,
1969.
(16) Project for ecosystem restoration, Herring River
Estuary, Barnstable County, Massachusetts, authorized by a
resolution of the Committee on Transportation and Infrastructure
of the House of Representatives, approved July 23, 1997.
(17) Modifications to the project for flood risk management,
North Adams, Massachusetts, authorized by section 5 of the Act
of June 22, 1936 (chapter 688, 49 Stat. 1572; 55 Stat. 639), for
flood risk management and ecosystem restoration.
(18) Project for coastal storm risk management, ecosystem
restoration, and navigation, Nauset Barrier Beach and inlet
system, Chatham, Massachusetts, authorized by a study resolution
of the Committee on Public Works of the Senate dated September
12, 1969.
(19) Project for flood risk management, DeSoto County,
Mississippi.
(20) Project for flood risk management, Rahway, New Jersey,
authorized by section 336 of the Water Resources Development Act
of 2020 (134 Stat. 2712).
(21) Project for coastal storm risk management, Raritan Bay
and Sandy Hook Bay, New Jersey.
(22) Project for coastal storm risk management, Sea Bright
to Manasquan, New Jersey.
(23) <<NOTE: Puerto Rico.>> Project for flood risk
management, Rio Grande de Loiza, Puerto Rico.
(24) <<NOTE: Puerto Rico.>> Project for flood risk
management, Rio Nigua, Salinas, Puerto Rico.
(25) Project for flood risk management, Kanawha River Basin,
West Virginia, Virginia, and North Carolina.
(b) Post-Authorization Change Reports.--The Secretary shall expedite
completion of a post-authorization change report for the following
projects:
(1) Project for ecosystem restoration, Tres Rios, Arizona,
authorized by section 101(b)(4) of the Water Resources
Development Act of 2000 (114 Stat. 2577).
(2) Project for coastal storm risk management, Surf City and
North Topsail Beach, North Carolina, authorized by section
7002(3) of the Water Resources Reform and Development Act of
2014 (128 Stat. 1367).
(c) Watershed and River Basin Assessments.--
(1) Great lakes coastal resiliency study.--The Secretary
shall expedite the completion of the comprehensive assessment of
water resources needs for the Great Lakes System under section
729 of the Water Resources Development Act of 1986 (33 U.S.C.
2267a), as required by section 1219 of the Water Resources
Development Act of 2018 (132 Stat. 3811; 134 Stat. 2683).
(2) County of hawai`i, hawaii.--The Secretary shall expedite
the completion of a watershed assessment for the County of
Hawai`i, Hawaii, under section 729 of the Water Resources
Development Act of 1986 (33 U.S.C. 2267a).
[[Page 136 STAT. 3753]]
(d) <<NOTE: Determination.>> Maintenance of Navigation Channels.--
The Secretary shall expedite the completion of a determination of the
feasibility of improvements proposed by the non-Federal interest under
section 204(f)(1)(A)(i) of the Water Resources Development Act of 1986
(33 U.S.C. 2232(f)(1)(A)(i)), for the deepening and widening of the
navigation project for Coos Bay, Oregon, authorized by the Act of March
3, 1879 (chapter 181, 20 Stat. 370).
SEC. 8203. <<NOTE: State listing.>> EXPEDITED MODIFICATIONS OF
EXISTING FEASIBILITY STUDIES.
The <<NOTE: Determination.>> Secretary shall expedite the
completion of the following feasibility studies, as modified by this
section, and if the Secretary determines that a project that is the
subject of the feasibility study is justified in the completed report,
may proceed directly to preconstruction planning, engineering, and
design of the project:
(1) Mare island strait, california.--The study for
navigation, Mare Island Strait channel, authorized by section
406 of the Water Resources Development Act of 1999 (113 Stat.
323), is modified to authorize the Secretary to consider the
economic and national security benefits from recent proposals
for utilization of the channel for Department of Defense
shipbuilding and vessel repair.
(2) Lake pontchartrain and vicinity, louisiana.--The study
for flood risk management and hurricane and storm damage risk
reduction, Lake Pontchartrain and Vicinity, Louisiana,
authorized by section 204 of the Flood Control Act of 1965 (79
Stat. 1077), is modified to authorize the Secretary to
investigate increasing the scope of the project to provide
protection against a 200-year storm event.
(3) Blackstone river valley, rhode island and
massachusetts.--
(A) In general.--The study for ecosystem
restoration, Blackstone River Valley, Rhode Island and
Massachusetts, authorized by section 569 of the Water
Resources Development Act of 1996 (110 Stat. 3788), is
modified to authorize the Secretary to conduct a study
for water supply, water flow, and wetland restoration
and protection within the scope of the study.
(B) Incorporation of existing data.--In carrying out
the study described in subparagraph (A), the Secretary
shall use, to the extent practicable, any existing data
for the project prepared under the authority of section
206 of the Water Resources Development Act of 1996 (33
U.S.C. 2330).
(4) Lower saddle river, new jersey.--The study for flood
control, Lower Saddle River, New Jersey, authorized by section
401(a) of the Water Resources Development Act of 1986 (100 Stat.
4119), is modified to authorize the Secretary to review the
previously authorized study and take into consideration changes
in hydraulic and hydrologic circumstances and local economic
development since the study was initially authorized.
(5) Trinity river and tributaries, texas.--The study for
navigation, Liberty, Texas, authorized by section 1201(7) of the
Water Resources Development Act of 2018 (132 Stat. 3802), is
modified to authorize the Secretary to include in the study
flood risk management and ecosystem restoration.
[[Page 136 STAT. 3754]]
SEC. 8204. CORPS OF ENGINEERS RESERVOIR SEDIMENTATION ASSESSMENT.
(a) In General.--The Secretary, at Federal expense, shall conduct an
assessment of sediment in reservoirs owned and operated by the
Secretary.
(b) Contents.--For each reservoir for which the Secretary carries
out an assessment under subsection (a), the Secretary shall include in
the assessment--
(1) <<NOTE: Estimate.>> an estimation of the volume of
sediment in the reservoir;
(2) <<NOTE: Evaluations.>> an evaluation of the effects of
such sediment on reservoir storage capacity, including a
quantification of lost reservoir storage capacity due to the
sediment and an evaluation of how such lost reservoir storage
capacity affects the allocated storage space for authorized
purposes within the reservoir (including, where applicable,
allocations for dead storage, inactive storage, active
conservation, joint use, and flood surcharge);
(3) the identification of any additional effects of sediment
on the operations of the reservoir or the ability of the
reservoir to meet its authorized purposes;
(4) <<NOTE: Time period. Effective date.>> the
identification of any potential effects of the sediment over the
10-year period beginning on the date of enactment of this Act on
the areas immediately upstream and downstream of the reservoir;
(5) <<NOTE: Plans.>> the identification of any existing
sediment monitoring and management plans associated with the
reservoir;
(6) <<NOTE: Plans.>> for any reservoir that does not have a
sediment monitoring and management plan--
(A) an identification of whether a sediment
management plan for the reservoir is under development;
or
(B) an assessment of whether a sediment management
plan for the reservoir would be useful in the long-term
operation and maintenance of the reservoir for its
authorized purposes; and
(7) any opportunities for beneficial use of the sediment in
the vicinity of the reservoir.
(c) <<NOTE: Web posting.>> Report to Congress; Public
Availability.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate, and make publicly available
(including on a publicly available website), a report describing the
results of the assessment carried out under subsection (a).
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000, to remain available
until expended.
SEC. 8205. REPORT AND RECOMMENDATIONS ON DREDGE CAPACITY.
(a) <<NOTE: Public information. Web posting. Time periods.>> In
General.--Not later than 2 years after the date of enactment of this
Act, the Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate, and make publicly available
(including on a publicly available website), a report that includes--
(1) a quantification of the expected hopper and pipeline
dredging needs of authorized water resources development
projects for the 10 years after the date of enactment of this
Act, including--
[[Page 136 STAT. 3755]]
(A) the dredging needs to--
(i) construct deepenings or widenings at
authorized but not constructed projects and the
associated operations and maintenance needs of
such projects; and
(ii) operate and maintain existing Federal
navigation channels;
(B) the amount of dredging to be carried out by the
Corps of Engineers for other Federal agencies;
(C) the dredging needs associated with authorized
hurricane and storm damage risk reduction projects
(including periodic renourishment); and
(D) the dredging needs associated with projects for
the beneficial use of dredged material authorized by
section 1122 of the Water Resources Development Act of
2016 (33 U.S.C. 2326 note);
(2) an identification of the Federal appropriations for
dredging projects and expenditures from the Harbor Maintenance
Trust Fund for fiscal year 2015 and each fiscal year thereafter;
(3) an identification of the dredging capacity of the
domestic hopper and pipeline dredge fleet, including publicly
owned and privately owned vessels, in each of the 10 years
preceding the date of enactment of this Act;
(4) <<NOTE: Analysis.>> an analysis of the ability of the
domestic hopper and pipeline dredge fleet to meet the expected
dredging needs identified under paragraph (1), including an
analysis of such ability in each of--
(A) the east coast region;
(B) <<NOTE: Alaska. Hawaii.>> the west coast
region, including the States of Alaska and Hawaii;
(C) the gulf coast region; and
(D) the Great Lakes region;
(5) an identification of the dredging capacity of domestic
hopper and pipeline dredge vessels that are under contract for
construction and intended to be used at water resources
development projects;
(6) <<NOTE: Effective date.>> an identification of any
hopper or pipeline dredge vessel expected to be retired or
become unavailable during the 10-year period beginning on the
date of enactment of this section;
(7) an identification of the potential costs of using either
public or private dredging to carry out authorized water
resources development projects; and
(8) any recommendations of the Secretary for adding
additional domestic hopper and pipeline dredging capacity,
including adding public and private dredging vessels to the
domestic hopper and pipeline dredge fleet to efficiently service
water resources development projects.
(b) Opportunity for Participation.--In carrying out subsection (a),
the Secretary shall provide interested stakeholders, including
representatives from the commercial dredging industry, with an
opportunity to submit comments to the Secretary.
(c) Sense of Congress.--It is the sense of Congress that the Corps
of Engineers should add additional dredging capacity if the addition of
such capacity would--
(1) enable the Corps of Engineers to carry out water
resources development projects in an efficient and cost-
effective manner; and
[[Page 136 STAT. 3756]]
(2) be in the best interests of the United States.
SEC. 8206. ASSESSMENT OF IMPACTS FROM CHANGING OPERATION AND
MAINTENANCE RESPONSIBILITIES.
(a) In General.--The Secretary shall carry out an assessment of the
consequences of amending section 101(b) of the Water Resources
Development Act of 1986 (33 U.S.C. 2211(b)) to authorize the operation
and maintenance of navigation projects for a harbor or inland harbor
constructed by the Secretary at 100-percent Federal cost to a depth of
55 feet.
(b) <<NOTE: Time periods. Effective date.>> Contents.--In carrying
out the assessment under subsection (a), the Secretary shall--
(1) describe all existing Federal navigation projects that
are authorized or constructed to a depth of 55 feet or greater;
(2) describe any Federal navigation project that is likely
to seek authorization or modification to a depth of 55 feet or
greater during the 10-year period beginning on the date of
enactment of this section;
(3) <<NOTE: Estimates.>> estimate--
(A) the potential annual increase in Federal costs
that would result from authorizing operation and
maintenance of a navigation project to a depth of 55
feet at Federal expense; and
(B) the potential cumulative increase in such
Federal costs during the 10-year period beginning on the
date of enactment of this section; and
(4) assess the potential effect of authorizing operation and
maintenance of a navigation project to a depth of 55 feet at
Federal expense on other Federal navigation operation and
maintenance activities, including the potential impact on
activities at donor ports, energy transfer ports, emerging
harbor projects, and projects carried out in the Great Lakes
Navigation System, as such terms are defined in section
102(a)(2) of the Water Resources Development Act of 2020 (33
U.S.C. 2238 note).
(c) <<NOTE: Public information. Web posting.>> Report.--Not later
than 18 months after the date of enactment of this section, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate, and make publicly available
(including on a publicly available website), a report describing the
results of the assessment carried out under subsection (a).
SEC. 8207. MAINTENANCE DREDGING DATA.
Section 1133(b)(3) of the Water Resources Development Act of 2016
(33 U.S.C. 2326f(b)(3)) is amended by inserting ``, including a separate
line item for all Federal costs associated with the disposal of dredged
material'' before the semicolon.
SEC. 8208. WESTERN INFRASTRUCTURE STUDY.
(a) <<NOTE: Evaluation.>> Comprehensive Study.--The Secretary shall
conduct a comprehensive study to evaluate the effectiveness of carrying
out additional measures, including measures that use natural features or
nature-based features, at or upstream of covered reservoirs, for the
purposes of--
(1) sustaining operations in response to changing
hydrological and climatic conditions;
[[Page 136 STAT. 3757]]
(2) mitigating the risk of drought or floods, including the
loss of storage capacity due to sediment accumulation;
(3) increasing water supply; or
(4) aquatic ecosystem restoration.
(b) Study Focus.--In conducting the study under subsection (a), the
Secretary shall include all covered reservoirs located in the South
Pacific Division of the Corps of Engineers.
(c) Consultation and Use of Existing Data.--
(1) Consultation.--In conducting the study under subsection
(a), the Secretary shall consult with applicable--
(A) Federal, State, and local agencies;
(B) Indian Tribes;
(C) non-Federal interests; and
(D) stakeholders, as determined appropriate by the
Secretary.
(2) Use of existing data and prior studies.--In conducting
the study under subsection (a), the Secretary shall, to the
maximum extent practicable and where appropriate--
(A) use existing data provided to the Secretary by
entities described in paragraph (1); and
(B) incorporate--
(i) relevant information from prior studies
and projects carried out by the Secretary; and
(ii) the relevant technical data and
scientific approaches with respect to changing
hydrological and climatic conditions.
(d) Report.--Not later than 3 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report that describes--
(1) the results of the study; and
(2) <<NOTE: Recommenda- tions.>> any recommendations for
additional study in specific geographic areas.
(e) Savings Provision.--Nothing in this section provides authority
to the Secretary to change the authorized purposes of any covered
reservoir.
(f) Definitions.--In this section:
(1) Covered reservoir.--The term ``covered reservoir'' means
a reservoir owned and operated by the Secretary or for which the
Secretary has flood control responsibilities under section 7 of
the Act of December 22, 1944 (33 U.S.C. 709).
(2) Natural feature and nature-based feature.--The terms
``natural feature'' and ``nature-based feature'' have the
meanings given such terms in section 1184(a) of the Water
Resources Development Act of 2016 (33 U.S.C. 2289a(a)).
SEC. 8209. RECREATION AND ECONOMIC DEVELOPMENT AT CORPS FACILITIES
IN APPALACHIA.
(a) <<NOTE: Deadline. Implementation plan.>> In General.--Not later
than 1 year after the date of enactment of this Act, the Secretary shall
prepare and submit to the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and Infrastructure of the
House of Representatives a plan to implement the recreational and
economic development opportunities identified by the Secretary in the
report submitted under section 206 of the Water Resources Development
Act of 2020 (134 Stat. 2680) at Corps of Engineers
[[Page 136 STAT. 3758]]
facilities located within a distressed county or an at-risk county (as
described in subsection (a)(1) of such section) in Appalachia.
(b) Considerations.--In accordance with existing guidance, in
preparing the plan under subsection (a), the Secretary shall consider
options for Federal funding, partnerships, and outgrants to Federal,
State, and local governments, nonprofit organizations, and commercial
businesses.
SEC. 8210. OUACHITA RIVER WATERSHED, ARKANSAS AND LOUISIANA.
The Secretary shall conduct a review of projects in the Ouachita
River watershed, Arkansas and Louisiana, under section 216 of the Flood
Control Act of 1970 (33 U.S.C. 549a).
SEC. 8211. REPORT ON SANTA BARBARA STREAMS, LOWER MISSION CREEK,
CALIFORNIA.
Not <<NOTE: Public information. Web posting.>> later than 1 year
after the date of enactment of this section, the Secretary shall submit
to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of the
Senate, and make publicly available (including on a publicly available
website), a report that provides an updated economic review of the
remaining portions of the project for flood damage reduction, Santa
Barbara streams, Lower Mission Creek, California, authorized by section
101(b) of the Water Resources Development Act of 2000 (114 Stat. 2577),
taking into consideration work already completed by the non-Federal
interest.
SEC. 8212. DISPOSITION STUDY ON SALINAS DAM AND RESERVOIR,
CALIFORNIA.
In carrying out the disposition study for the project for Salinas
Dam (Santa Margarita Lake), California, pursuant to section 202(d) of
the Water Resources Development Act of 2020 (134 Stat. 2675), the
Secretary shall--
(1) ensure that the County of San Luis Obispo is provided
right of first refusal for any potential conveyance of the
project; and
(2) ensure that the study identifies and describes any
potential repairs or modifications to the project necessary to
meet Federal and State dam safety requirements prior to
transferring the project.
SEC. 8213. EXCESS LANDS REPORT FOR WHITTIER NARROWS DAM,
CALIFORNIA.
(a) <<NOTE: Real property. Determinations.>> In General.--Not later
than 1 year after the date of enactment of this section, the Secretary
shall submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Environment and Public
Works of the Senate a report that identifies any real property
associated with the Whittier Narrows Dam element of the Los Angeles
County Drainage Area project that the Secretary determines--
(1) is not needed to carry out the authorized purposes of
the Whittier Narrows Dam element of such project; and
(2) could be transferred to the City of Pico Rivera,
California, for the replacement of recreational facilities
located in such city that were adversely impacted by dam safety
construction activities associated with the Whittier Narrows Dam
element of such project.
[[Page 136 STAT. 3759]]
(b) Los Angeles County Drainage Area Project Defined.--In this
section, the term ``Los Angeles County Drainage Area project'' means the
project for flood control, Los Angeles County Drainage Area, California,
authorized by section 101(b) of the Water Resources Development Act of
1990 (104 Stat. 4611; 130 Stat. 1690).
SEC. 8214. COMPREHENSIVE CENTRAL AND SOUTHERN FLORIDA STUDY.
(a) In General.--The Secretary is authorized to carry out a
feasibility study for resiliency and comprehensive improvements or
modifications to existing water resources development projects in the
central and southern Florida area, for the purposes of flood risk
management, water supply, ecosystem restoration (including preventing
saltwater intrusion), recreation, and related purposes.
(b) Requirements.--In carrying out the feasibility study under
subsection (a), the Secretary--
(1) is authorized to--
(A) <<NOTE: Review.>> review the report of the
Chief of Engineers on central and southern Florida,
published as House Document 643, 80th Congress, 2d
Session, and other related reports of the Secretary; and
(B) <<NOTE: Recommenda- tions.>> recommend cost-
effective structural and nonstructural projects for
implementation that provide a systemwide approach for
the purposes described in subsection (a); and
(2) shall ensure the study and any projects recommended
under paragraph (1)(B) will not interfere with the efforts
undertaken to carry out the Comprehensive Everglades Restoration
Plan pursuant to section 601 of the Water Resources Development
Act of 2000 (114 Stat. 2680; 132 Stat. 3786).
SEC. 8215. NORTHERN ESTUARIES ECOSYSTEM RESTORATION, FLORIDA.
(a) Definitions.--In this section:
(1) Central and southern florida project.--The term
``Central and Southern Florida Project'' has the meaning given
that term in section 601 of the Water Resources Development Act
of 2000.
(2) Northern estuaries.--The term ``northern estuaries''
means the Caloosahatchee Estuary, Charlotte Harbor, Indian River
Lagoon, Lake Worth Lagoon, and St. Lucie River Estuary.
(3) South florida ecosystem.--
(A) In general.--The term ``South Florida
ecosystem'' means the area consisting of the land and
water within the boundary of the South Florida Water
Management District in effect on July 1, 1999.
(B) Inclusions.--The term ``South Florida
ecosystem'' includes--
(i) the Everglades;
(ii) the Florida Keys;
(iii) the contiguous near-shore coastal water
of South Florida; and
(iv) Florida's Coral Reef.
(4) Study area.--The term ``study area'' means all lands and
waters within--
(A) the northern estuaries;
(B) the South Florida ecosystem; and
[[Page 136 STAT. 3760]]
(C) the study area boundaries of the Indian River
Lagoon National Estuary Program and the Coastal and
Heartland Estuary Partnership, authorized pursuant to
section 320 of the Federal Water Pollution Control Act
(33 U.S.C. 1330).
(b) Proposed Comprehensive Plan.--
(1) Development.--The Secretary shall develop, in
cooperation with the non-Federal sponsors of the Central and
Southern Florida project and any relevant Federal, State, and
Tribal agencies, a proposed comprehensive plan for the purpose
of restoring, preserving, and protecting the northern estuaries.
(2) Inclusions.--In carrying out paragraph (1), the
Secretary shall develop a proposed comprehensive plan that
provides for ecosystem restoration within the northern
estuaries, including the elimination of harmful discharges from
Lake Okeechobee.
(3) Submission.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit to Congress
for approval--
(A) the proposed comprehensive plan developed under
this subsection; and
(B) <<NOTE: Recommenda- tions.>> recommendations
for future feasibility studies within the study area for
the ecosystem restoration of the northern estuaries.
(4) Interim reports.--Not later than 1 year after the date
of enactment of this Act, and annually thereafter until the
submission of the proposed comprehensive plan under paragraph
(3), the Secretary shall submit to Congress an interim report on
the development of the proposed comprehensive plan.
(5) Additional studies and analyses.--Notwithstanding the
submission of the proposed comprehensive plan under paragraph
(3), the Secretary shall continue to conduct such studies and
analyses after the date of such submission as are necessary for
the purpose of restoring, preserving, and protecting the
northern estuaries.
(c) Limitation.--Nothing in this section shall be construed to
require the alteration or amendment of the schedule for completion of
the Comprehensive Everglades Restoration Plan.
SEC. 8216. STUDY ON SHELLFISH HABITAT AND SEAGRASS, FLORIDA
CENTRAL GULF COAST.
(a) In General.--Not later than 24 months after the date of
enactment of this Act, the Secretary shall carry out a study, and submit
to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of the
Senate a report, on projects and activities carried out through the
Engineer Research and Development Center to restore shellfish habitat
and seagrass in coastal estuaries in the Florida Central Gulf Coast.
(b) Requirements.--In conducting the study under subsection (a), the
Secretary shall--
(1) <<NOTE: Consultation.>> consult with independent expert
scientists and other regional stakeholders with relevant
expertise and experience; and
(2) <<NOTE: Coordination.>> coordinate with Federal, State,
and local agencies providing oversight for both short- and long-
term monitoring of the projects and activities described in
subsection (a).
[[Page 136 STAT. 3761]]
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,000,000, to remain available
until expended.
SEC. 8217. REPORT ON SOUTH FLORIDA ECOSYSTEM RESTORATION PLAN
IMPLEMENTATION.
(a) <<NOTE: Update.>> Report.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of the
Senate a report that provides an update on--
(1) Comprehensive Everglades Restoration Plan projects, as
authorized by or pursuant to section 601 of the Water Resources
Development Act of 2000 (114 Stat. 2680; 121 U.S.C. 1269; 132
U.S.C. 3786);
(2) <<NOTE: Review.>> the review of the Lake Okeechobee
Regulation Schedule pursuant to section 1106 of the Water
Resources Development Act of 2018 (132 Stat. 3773) and section
210 of the Water Resources Development Act of 2020 (134 U.S.C.
2682); and
(3) any additional water resources development projects and
studies included in the South Florida Ecosystem Restoration Plan
Integrated Delivery Schedule prepared in accordance with part
385 of title 33, Code of Federal Regulations.
(b) Contents.--The Secretary shall include in the report submitted
under subsection (a) the status of each authorized water resources
development project or study described in such subsection, including--
(1) <<NOTE: Estimate.>> an estimated implementation or
completion date of the project or study; and
(2) <<NOTE: Cost estimate.>> the estimated costs to
complete implementation or construction, as applicable, of the
project or study.
SEC. 8218. GREAT LAKES RECREATIONAL BOATING.
Notwithstanding <<NOTE: Update.>> subsection (f) of section 455 of
the Water Resources Development Act of 1999 (42 U.S.C. 1962d-21), not
later than 1 year after the date of enactment of this Act, the Secretary
shall prepare, at Federal expense, and submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report updating the findings of the report on the economic benefits of
recreational boating in the Great Lakes basin prepared under subsection
(c) of such section.
SEC. 8219. <<NOTE: 33 USC 652 note.>> HYDRAULIC EVALUATION OF
UPPER MISSISSIPPI RIVER AND ILLINOIS
RIVER.
(a) Study.--The Secretary, in coordination with relevant Federal
agencies, shall, at Federal expense, periodically carry out a study to--
(1) evaluate the flow frequency probabilities of the Upper
Mississippi River and the Illinois River; and
(2) <<NOTE: Updates.>> develop updated water surface
profiles for such rivers.
(b) <<NOTE: Analysis.>> Area of Evaluation.--In carrying out
subsection (a), the Secretary shall conduct analysis along the mainstem
of the Mississippi River from upstream of the Minnesota River confluence
near Anoka, Minnesota, to just upstream of the Ohio River confluence
near Cairo, Illinois, and along the Illinois River from Dresden Island
Lock and Dam to the confluence with the Mississippi River, near Grafton,
Illinois.
[[Page 136 STAT. 3762]]
(c) <<NOTE: Time period.>> Reports.--Not later than 5 years after
the date of enactment of this Act, and not less frequently than every 20
years thereafter, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report
containing the results of a study carried out under subsection (a).
(d) <<NOTE: Web posting.>> Public Availability.--Any information
developed under subsection (a) shall be made publicly available,
including on a publicly available website.
SEC. 8220. DISPOSITION STUDY ON HYDROPOWER IN THE WILLAMETTE
VALLEY, OREGON.
(a) Disposition Study.--
(1) <<NOTE: Determination.>> In general.--The Secretary
shall carry out a disposition study to determine the Federal
interest in, and identify the effects of, deauthorizing
hydropower as an authorized purpose, in whole or in part, of the
Willamette Valley hydropower project.
(2) <<NOTE: Review.>> Contents.--In carrying out the
disposition study under paragraph (1), the Secretary shall
review the effects of deauthorizing hydropower on--
(A) Willamette Valley hydropower project operations;
(B) other authorized purposes of such project;
(C) cost apportionments;
(D) dam safety;
(E) <<NOTE: Compliance.>> compliance with the
requirements of the Endangered Species Act (16 U.S.C.
1531 et seq.); and
(F) the operations of the remaining dams within the
Willamette Valley hydropower project.
(3) <<NOTE: Determination. Investigation.>>
Recommendations.--If the Secretary, through the disposition
study authorized by paragraph (1), determines that hydropower
should be removed as an authorized purpose of any part of the
Willamette Valley hydropower project, the Secretary shall also
investigate and recommend any necessary structural or
operational changes at such project that are necessary to
achieve an appropriate balance among the remaining authorized
purposes of such project or changes to such purposes.
(b) Report.--Not later than 18 months after the date of enactment of
this Act, the Secretary shall issue a report to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate that
describes--
(1) the results of the disposition study on deauthorizing
hydropower as a purpose of the Willamette Valley hydropower
project; and
(2) <<NOTE: Recommenda- tions.>> any recommendations
required under subsection (a)(3).
(c) Costs.--Until such time as the report required under subsection
(b) is issued, any new construction-related expenditures of the
Secretary at the Willamette Valley hydropower project that are assigned
to hydropower shall not be reimbursable.
(d) Definition.--In this section, the term ``Willamette Valley
hydropower project'' means the system of dams and reservoir projects
authorized to generate hydropower and the power features that operate in
conjunction with the main regulating dam facilities, including the Big
Cliff, Dexter, and Foster re-regulating dams in the Willamette River
Basin, Oregon, as authorized by section 4
[[Page 136 STAT. 3763]]
of the Flood Control Act of 1938 (chapter 795, 52 Stat. 1222; 62 Stat.
1178; 64 Stat. 177; 68 Stat. 1264; 74 Stat. 499; 100 Stat. 4144).
SEC. 8221. HOUSTON SHIP CHANNEL EXPANSION CHANNEL IMPROVEMENT
PROJECT, TEXAS.
The Secretary shall expedite the completion of a study under section
216 of the Flood Control Act of 1970 (33 U.S.C. 549a) for modifications
of the project for navigation, Houston Ship Channel Expansion Channel
Improvement Project, Harris, Chambers, and Galveston Counties, Texas,
authorized by section 401 of the Water Resources Development Act of 2020
(134 Stat. 2734), to incorporate into the project the construction of
barge lanes immediately adjacent to either side of the Houston Ship
Channel from Bolivar Roads to Morgan's Point.
SEC. 8222. SABINE-NECHES WATERWAY NAVIGATION IMPROVEMENT PROJECT,
TEXAS.
The <<NOTE: Review. Coordination.>> Secretary shall expedite the
review and coordination of the feasibility study for the project for
navigation, Sabine-Neches Waterway, Texas, under section 203(b) of the
Water Resources Development Act of 1986 (33 U.S.C. 2231(b)).
SEC. 8223. NORFOLK HARBOR AND CHANNELS, VIRGINIA.
Not later than December 31, 2023, the Secretary shall complete a
post-authorization change report for the Anchorage F modifications to
the project for navigation, Norfolk Harbor and Channels, Virginia,
authorized by section 201 of the Water Resources Development Act of 1986
(100 Stat. 4090; 132 Stat. 3840).
SEC. 8224. COASTAL VIRGINIA, VIRGINIA.
(a) <<NOTE: Contracts. Analysis.>> In General.--In carrying out the
feasibility study for the project for flood risk management, ecosystem
restoration, and navigation, Coastal Virginia, authorized by section
1201(9) of the Water Resources Development Act of 2018 (132 Stat. 3802),
the Secretary is authorized to enter into a written agreement with any
Federal agency that owns or operates property in the area of the project
to accept and expend funds from such Federal agency to include in the
study an analysis with respect to property owned or operated by such
Federal agency.
(b) Information.--The Secretary shall use any relevant information
obtained from a Federal agency described in subsection (a) to carry out
the feasibility study described in such subsection.
SEC. 8225. WEST VIRGINIA HYDROPOWER.
(a) <<NOTE: Evaluation.>> In General.--For water resources
development projects described in subsection (b), the Secretary is
authorized to evaluate Federal and non-Federal modifications to such
projects for the purposes of adding capacity for hydropower generation
or energy storage.
(b) Projects Described.--The projects referred to in subsection (a)
are the following:
(1) Sutton Dam, Braxton County, West Virginia, authorized by
section 5 of the Act of June 22, 1936 (chapter 688, 49 Stat.
1586).
(2) Hildebrand Lock and Dam, Monongahela County, West
Virginia, authorized by section 101 of the River and Harbor Act
of 1950 (chapter 188, 64 Stat. 166).
[[Page 136 STAT. 3764]]
(3) Bluestone Lake, Summers County, West Virginia,
authorized by section 5 of the Act of June 22, 1936 (chapter
688, 49 Stat. 1586).
(4) R.D. Bailey Dam, Wyoming County, West Virginia,
authorized by section 203 of the Flood Control Act of 1962 (76
Stat. 1188).
(5) Stonewall Jackson Dam, Lewis County, West Virginia,
authorized by section 203 of the Flood Control Act of 1966 (80
Stat. 1421).
(6) East Lynn Dam, Wayne County, West Virginia, authorized
by section 5 of the Act of June 22, 1936 (chapter 688, 49 Stat.
1586).
(7) Burnsville Lake, Braxton County, West Virginia,
authorized by section 5 of the Act of June 22, 1936 (chapter
688, 49 Stat. 1586).
(c) Demonstration Projects.--In carrying out subsection (a), the
Secretary may carry out demonstration projects for purposes of testing
and evaluating technology for adding capacity for hydropower generation
or energy storage to a project described in subsection (b).
SEC. 8226. ELECTRONIC PREPARATION AND SUBMISSION OF APPLICATIONS.
Section 2040(f) of the Water Resources Development Act of 2007 (33
U.S.C. 2345(f)) is amended--
(1) in paragraph (1), by striking ``Water Resources
Development Act of 2016'' and inserting ``Water Resources
Development Act of 2022''; and
(2) by striking paragraph (2) and inserting the following:
``(2) Update on electronic system implementation.--The
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee
on Environment and Public Works of the Senate a quarterly update
describing the status of the implementation of this section.''.
SEC. 8227. INVESTMENTS FOR RECREATION AREAS.
(a) Sense of Congress.--It is the sense of Congress that the Corps
of Engineers should use all available authorities to promote and enhance
development and recreational opportunities at lakes that are part of
authorized civil works projects under the administrative jurisdiction of
the Corps of Engineers.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report on investments
needed to support recreational activities that are part of authorized
water resources development projects under the administrative
jurisdiction of the Corps of Engineers.
(c) Requirements.--The report under subsection (b) shall include--
(1) <<NOTE: List.>> a list of deferred maintenance
projects, including maintenance projects relating to
recreational facilities and sites and associated access roads;
(2) <<NOTE: Plan. Time period.>> a plan to fund the
projects described in paragraph (1) during the 5-year period
beginning on the date of enactment of this Act;
[[Page 136 STAT. 3765]]
(3) a description of efforts made by the Corps of Engineers
to coordinate investments in recreational facilities and sites
and associated access roads with--
(A) State and local governments; or
(B) private entities; and
(4) <<NOTE: Assessment.>> an assessment of whether the
modification of Federal contracting requirements could
accelerate the availability of funds for the projects described
in paragraph (1).
SEC. 8228. AUTOMATED FEE MACHINES.
For <<NOTE: West Virginia.>> the purpose of mitigating adverse
impacts to public access to outdoor recreation, to the maximum extent
practicable, the Secretary shall consider alternatives to the use of
automated fee machines for the collection of fees for the use of
developed recreation sites and facilities in West Virginia.
SEC. 8229. REVIEW OF RECREATIONAL HAZARDS.
(a) In General.--The Secretary shall--
(1) carry out a review of potential threats to human life
and safety from use of covered sites; and
(2) <<NOTE: Determination.>> install such technologies and
other measures, including sirens, strobe lights, and signage,
that the Secretary, based on the review carried out under
paragraph (1), determines necessary for alerting the public of
hazardous water conditions or to otherwise minimize or eliminate
any identified threats to human life and safety.
(b) Covered Sites Defined.--In this section, the term ``covered
sites'' means--
(1) designated recreational areas at the Buford Dam, Lake
Sidney Lanier, Georgia, authorized by section 1 of the Act of
July 24, 1946 (chapter 595, 60 Stat. 635);
(2) designated recreational areas at the banks of the
Mississippi River, Louisiana; and
(3) the project for navigation, Murderkill River, Delaware,
authorized by the first section of the Act of July 13, 1892
(chapter 158, 27 Stat. 98).
SEC. 8230. ASSESSMENT OF COASTAL FLOODING MITIGATION MODELING AND
TESTING CAPACITY.
(a) In General.--The Secretary, acting through the Director of the
Engineer Research and Development Center, shall carry out an assessment
of the current capacity of the Corps of Engineers to model coastal flood
mitigation systems and test the effectiveness of such systems in
preventing flood damage resulting from coastal storm surges.
(b) Considerations.--In carrying out the assessment under subsection
(a), the Secretary shall--
(1) identify the capacity of the Corps of Engineers to--
(A) carry out the testing of the performance and
reliability of coastal flood mitigation systems; or
(B) collaborate with private industries to carry out
such testing;
(2) identify any limitations or deficiencies at Corps of
Engineers facilities that are capable of testing the performance
and reliability of coastal flood mitigation systems;
(3) assess any benefits that would result from addressing
the limitations or deficiencies identified under paragraph (2);
and
[[Page 136 STAT. 3766]]
(4) <<NOTE: Recommenda- tions.>> provide recommendations
for addressing such limitations or deficiencies.
(c) <<NOTE: Public information. Web posting.>> Report to
Congress.--Not later than 1 year after the date of enactment of this
section, the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate, and make publicly available
(including on a publicly available website), a report describing the
results of the assessment carried out under subsection (a).
SEC. 8231. REPORT ON SOCIALLY AND ECONOMICALLY DISADVANTAGED SMALL
BUSINESS CONCERNS.
(a) <<NOTE: Public information. Web posting.>> In General.--Not
later than 1 year after the date of enactment of this Act, the Secretary
shall submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Environment and Public
Works of the Senate, and make publicly available (including on a
publicly available website), a report that describes and documents the
use of contracts and subcontracts with Small Disadvantaged Businesses in
carrying out the water resources development authorities of the
Secretary.
(b) Information.--The Secretary shall include in the report under
subsection (a) information on the distribution of funds to Small
Disadvantaged Businesses on a disaggregated basis.
(c) Definition.--In this section, the term ``Small Disadvantaged
Business'' has the meaning given that term in section 124.1001 of title
13, Code of Federal Regulations (or successor regulations).
SEC. 8232. REPORT ON SOLAR ENERGY OPPORTUNITIES.
(a) Assessment.--
(1) In general.--The Secretary shall conduct an assessment,
in collaboration with relevant Federal agencies and after
consultation with relevant non-Federal interests, of
opportunities to install and maintain photovoltaic solar panels
(including floating solar panels) at covered projects.
(2) Contents.--The assessment conducted under paragraph (1)
shall--
(A) include a description of the economic,
environmental, and technical viability of installing and
maintaining, or contracting with third parties to
install and maintain, photovoltaic solar panels at
covered projects;
(B) identify covered projects with a high potential
for the installation and maintenance of photovoltaic
solar panels and whether such installation and
maintenance would require additional authorization;
(C) account for potential impacts of photovoltaic
solar panels at covered projects and the authorized
purposes of such projects, including potential impacts
on flood risk reduction, navigation, recreation, water
supply, and fish and wildlife; and
(D) account for the availability of electric grid
infrastructure close to covered projects, including
underutilized transmission infrastructure.
(b) <<NOTE: Public information. Web posting.>> Report to
Congress.--Not later than 18 months after the date of enactment of this
Act, the Secretary shall submit to Congress, and make publicly available
(including on a publicly available website), a report containing the
results of the assessment conducted under subsection (a).
[[Page 136 STAT. 3767]]
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $10,000,000 to carry out this section.
(d) Definition.--In this section, the term ``covered project''
means--
(1) any property under the control of the Corps of
Engineers; and
(2) any water resources development project constructed by
the Secretary or over which the Secretary has financial or
operational responsibility.
SEC. 8233. <<NOTE: Requirements.>> REPORT TO CONGRESS ON ECONOMIC
VALUATION OF PRESERVATION OF OPEN SPACE,
RECREATIONAL AREAS, AND HABITAT
ASSOCIATED WITH PROJECT LANDS.
(a) <<NOTE: Review. Determination.>> In General.--The Secretary
shall conduct a review of the existing statutory, regulatory, and policy
requirements related to the determination of the economic value of lands
that--
(1) may be provided by the non-Federal interest, as
necessary, for the construction of a project for flood risk
reduction or hurricane and storm risk reduction in accordance
with section 103(i) of the Water Resources Development Act of
1986 (33 U.S.C. 2213(i));
(2) are being maintained for open space, recreational areas,
or preservation of fish and wildlife habitat; and
(3) will continue to be so maintained as part of the
project.
(b) Report to Congress.--Not later than 1 year after the date of
enactment of this section, the Secretary shall issue to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report
containing the results of the review conducted under subsection (a),
including--
(1) <<NOTE: Summary.>> a summary of the existing statutory,
regulatory, and policy requirements described in such
subsection;
(2) a description of the requirements and process the
Secretary uses to place an economic value on the lands described
in such subsection;
(3) <<NOTE: Assessment.>> an assessment of whether such
requirements and process affect the ability of a non-Federal
interest to provide such lands for the construction of a project
described in such subsection;
(4) <<NOTE: Assessment.>> an assessment of whether such
requirements and process directly or indirectly encourage the
selection of developed lands for the construction of a project,
or have the potential to affect the total cost of a project; and
(5) the identification of alternative measures for
determining the economic value of such lands that could provide
incentives for the preservation of open space, recreational
areas, and habitat in association with the construction of a
project.
SEC. 8234. REPORT ON CORROSION PREVENTION ACTIVITIES.
Not <<NOTE: Public information. Web posting.>> later than 180 days
after the date of enactment of this Act, the Secretary shall submit to
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of the
Senate, and make publicly available (including on a publicly available
website), a report that describes--
[[Page 136 STAT. 3768]]
(1) the extent to which the Secretary has carried out
section 1033 of the Water Resources Reform and Development Act
of 2014 (33 U.S.C. 2350);
(2) the extent to which the Secretary has incorporated
corrosion prevention activities (as defined in such section) at
water resources development projects constructed or maintained
by the Secretary since the date of enactment of such section;
and
(3) in instances where the Secretary has not incorporated
corrosion prevention activities at such water resources
development projects since such date, an explanation of why such
corrosion prevention activities have not been incorporated.
SEC. 8235. REPORT TO CONGRESS ON EASEMENTS RELATED TO WATER
RESOURCES DEVELOPMENT PROJECTS.
(a) <<NOTE: Review. Requirements. Procedures.>> In General.--The
Secretary shall conduct a review of the existing statutory, regulatory,
and policy requirements and procedures related to the use, in relation
to the construction of a project for flood risk management, hurricane
and storm damage risk reduction, or ecosystem restoration, of covered
easements that may be provided to the Secretary by non-Federal
interests.
(b) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report
containing the results of the review conducted under subsection (a),
including--
(1) the findings of the Secretary relating to--
(A) the minimum rights in property that are
necessary to construct, operate, or maintain projects
for flood risk management, hurricane and storm damage
risk reduction, or ecosystem restoration;
(B) whether increased use of covered easements in
relation to such projects could promote greater
participation from cooperating landowners in addressing
local flooding or ecosystem restoration challenges; and
(C) whether such increased use could result in cost
savings in the implementation of the projects, without
any reduction in project benefits; and
(2) <<NOTE: Recommenda- tions.>> any recommendations of the
Secretary relating to whether existing requirements or
procedures related to such use of covered easements should be
revised to reflect the results of the review.
(c) Definition.--In this section, the term ``covered easement''
means an easement or other similar interest in real property that--
(1) reserves for the Secretary rights in the property that
are necessary to construct, operate, or maintain a water
resources development project;
(2) provides for appropriate public use of the property, and
retains the right of continued use of the property by the owner
of the property, to the extent such uses are consistent with
purposes of the covered easement;
(3) provides access to the property for oversight and
inspection by the Secretary;
(4) is permanently recorded; and
(5) is enforceable under Federal and State law.
[[Page 136 STAT. 3769]]
SEC. 8236. GAO STUDIES.
(a) Study on Project Distribution.--
(1) <<NOTE: Analyses.>> In general.--Not later than 1 year
after the date of enactment of this Act, the Comptroller General
of the United States shall initiate an analysis of--
(A) <<NOTE: Time period.>> the geographic
distribution of annual and supplemental funding for
water resources development projects carried out by the
Secretary over the immediately preceding 5 fiscal years;
and
(B) the factors contributing to such distribution.
(2) Report.--Upon completion of the analysis required under
paragraph (1), the Comptroller General shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the findings of such analysis.
(b) Assessment of Concessionaire Practices.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall initiate an assessment of the concessionaire lease
practices of the Corps of Engineers.
(2) Scope.--In conducting the assessment under paragraph
(1), the Comptroller General shall assess--
(A) the extent to which the formula of the Corps of
Engineers for calculating concessionaire rental rates
allows concessionaires to obtain a reasonable return on
investment, taking into account operating margins for
sales of food and fuel; and
(B) the process and formula for assessing
administrative fees for concessionaire leases that
addresses--
(i) the statutory authority for such fees; and
(ii) the extent to which the process and
formula for assessing such fees are transparent
and consistent across districts of the Corps of
Engineers.
(3) Report.--Upon completion of the assessment required
under paragraph (1), the Comptroller General shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the findings of such assessment.
(c) Audit of Projects Over Budget or Behind Schedule.--
(1) List required.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall provide to the
Comptroller General of the United States a list of each covered
ongoing water resources development project.
(2) Review.--Not later than 1 year after receiving the list
under paragraph (1), the Comptroller General shall initiate a
review of the factors and conditions resulting in the estimated
project cost or completion date exceedances for each covered
ongoing water resources development project.
(3) Report.--Upon completion of the review conducted under
paragraph (2), the Comptroller General shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the findings of such review.
[[Page 136 STAT. 3770]]
(4) Definition of covered ongoing water resources
development project.--In this subsection, the term ``covered
ongoing water resources development project'' means a water
resources development project being carried out by the Secretary
for which, as of the date of enactment of this Act--
(A) the estimated total project cost of the project
exceeds the authorized total project cost of the project
by not less than $50,000,000; or
(B) the estimated completion date of the project
exceeds the original estimated completion date of the
project by not less than 5 years.
(d) Studies on Mitigation.--
(1) Study on mitigation for water resources development
projects.--
(A) <<NOTE: Review.>> In general.--Not later than 1
year after the date of enactment of this Act, the
Comptroller General of the United States shall initiate
a review of projects and activities to mitigate fish and
wildlife losses resulting from the construction, or
operation and maintenance, of an authorized water
resources development project.
(B) Requirements.--In conducting the review under
subparagraph (A), the Comptroller General shall--
(i) <<NOTE: Assessments.>> assess the extent
to which--
(I) districts of the Corps of
Engineers consistently implement the
final rule of the Department of Defense
and the Environmental Protection Agency
titled ``Compensatory Mitigation for
Losses of Aquatic Resources'' and issued
on April 10, 2008 (73 Fed. Reg. 19594);
(II) mitigation projects and
activities (including the acquisition of
lands or interests in lands) restore the
natural hydrologic conditions, restore
native vegetation, and otherwise support
native fish and wildlife species, as
required under section 906 of the Water
Resources Development Act of 1986 (33
U.S.C. 2283);
(III) mitigation projects or
activities (including the acquisition of
lands or interests in lands) are
undertaken before, or concurrent with,
the construction of the authorized water
resources development project for which
such mitigation is required;
(IV) mitigation projects or
activities (including the acquisition of
lands or interests in lands) are
completed;
(V) mitigation projects or
activities are undertaken to mitigate
fish and wildlife losses resulting from
the operation and maintenance of an
authorized water resources development
project, including based on periodic
review and updating of such projects or
activities;
(VI) the Secretary includes
mitigation plans, as required by section
906(d) of the Water Resources
Development Act of 1986 (33 U.S. 2283),
in any project study (as defined in
section 2034(l) of the Water Resources
Development Act of 2007 (33 U.S.C.
2343));
[[Page 136 STAT. 3771]]
(VII) processing and approval of
mitigation projects and activities
(including the acquisition of lands or
interests in lands) affects the timeline
of completion of authorized water
resources development projects; and
(VIII) mitigation projects and
activities (including the acquisition of
lands or interests in lands) affect the
total cost of authorized water resources
development projects;
(ii) <<NOTE: Evaluation.>> evaluate the
performance of each of the mitigation mechanisms
included in the final rule described in clause
(i)(I);
(iii) <<NOTE: Evaluation.>> evaluate the
efficacy of the use of alternative methods, such
as a performance-based contract, to satisfy
mitigation requirements of authorized water
resources development projects;
(iv) <<NOTE: Review.>> review any reports
submitted to Congress in accordance with section
2036(b) of the Water Resources Development Act of
2007 (121 Stat. 1094) on the status of
construction of authorized water resources
development projects that require mitigation; and
(v) <<NOTE: Consultation.>> consult with
independent scientists, economists, and other
stakeholders with expertise and experience to
conduct such review.
(C) Definition of performance-based contract.--In
this paragraph, the term ``performance-based contract''
means a procurement mechanism by which the Corps of
Engineers contracts with a public or private non-Federal
entity for a specific mitigation outcome requirement,
with payment to the entity linked to delivery of
verifiable, sustainable, and functionally equivalent
mitigation performance.
(D) Report.--Upon completion of the review conducted
under this paragraph, the Comptroller General shall
submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report
on the findings of such review.
(2) Study on compensatory mitigation.--
(A) <<NOTE: Review. Compliance.>> In general.--Not
later than 1 year after the date of enactment of this
Act, the Comptroller General of the United States shall
initiate a review of the performance metrics for,
compliance with, and adequacy of potential mechanisms
for fulfilling compensatory mitigation obligations
pursuant to the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.).
(B) <<NOTE: Analyses.>> Requirements.--The
Comptroller General shall include in the review
conducted under subparagraph (A) an analysis of--
(i) the primary mechanisms for fulfilling
compensatory mitigation obligations, including--
(I) mitigation banks;
(II) in-lieu fee programs; and
(III) direct mitigation by
permittees;
(ii) the timeliness of initiation and
successful completion of compensatory mitigation
activities in relation to when a permitted
activity occurs;
[[Page 136 STAT. 3772]]
(iii) the timeliness of processing and
approval of compensatory mitigation activities;
(iv) the costs of carrying out compensatory
mitigation activities borne by the Federal
Government, a permittee, or any other involved
entity;
(v) Federal and State agency oversight and
short- and long-term monitoring of compensatory
mitigation activities;
(vi) whether a compensatory mitigation
activity successfully replaces any lost or
adversely affected habitat with a habitat having
similar functions of equal or greater ecological
value; and
(vii) <<NOTE: Time periods.>> the continued,
long-term operation of the compensatory mitigation
activities over a 5-, 10-, 20-, and 50-year
period, including ecological performance and the
functioning of long-term funding mechanisms.
(C) <<NOTE: Review. Recommenda- tions.>> Update.--
In conjunction with the review required under
subparagraph (A), the Comptroller General shall review
and update the findings and recommendations contained in
the report of the Comptroller General titled ``Corps of
Engineers Does Not Have an Effective Oversight Approach
to Ensure That Compensatory Mitigation Is Occurring''
and dated September 2005 (GAO-05-898), including a
review of Federal agency compliance with such
recommendations.
(D) Report.--Upon completion of the review conducted
under required subparagraph (A), the Comptroller General
shall submit to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a
report on the findings of such review.
(e) Study on Waterborne Commerce Statistics.--
(1) <<NOTE: Review.>> In general.--Not later than 18 months
after the date of enactment of this Act, the Comptroller General
of the United States shall initiate a review of the Waterborne
Commerce Statistics Center of the Corps of Engineers that
includes--
(A) <<NOTE: Assessment.>> an assessment of ways in
which the Waterborne Commerce Statistics Center can
improve the collection of information relating to all
commercial maritime activity within the jurisdiction of
a port, including the collection and reporting of
records of fishery landings and aquaculture harvest; and
(B) <<NOTE: Recommenda- tions.>> recommendations to
improve the collection of such information from non-
Federal entities, taking into consideration--
(i) the cost, efficiency, and accuracy of
collecting such information; and
(ii) the protection of proprietary
information.
(2) Report.--Upon completion of the review conducted out
under paragraph (1), the Comptroller General shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report containing the results of such
review.
(f) Study on the Integration of Information Into the National Levee
Database.--
[[Page 136 STAT. 3773]]
(1) <<NOTE: Review.>> In general.--Not later than 18 months
after the date of enactment of this Act, the Comptroller General
of the United States shall initiate a review of the sharing of
levee information, and the integration of such information into
the National Levee Database, by the Corps of Engineers and the
Federal Emergency Management Agency in accordance with section
9004 of the Water Resources Development Act of 2007 (33 U.S.C.
3303).
(2) Requirements.--In conducting the review under paragraph
(1), the Comptroller General shall--
(A) <<NOTE: Investigation.>> investigate the
information-sharing protocols and procedures between the
Corps of Engineers and the Federal Emergency Management
Agency regarding the construction of new Federal flood
protection projects;
(B) <<NOTE: Analysis.>> analyze the timeliness of
the integration of information relating to newly
constructed Federal flood protection projects into the
National Levee Database;
(C) identify any delays between the construction of
a new Federal flood protection project and when a
policyholder of the National Flood Insurance Program
would realize a premium discount due to the construction
of a new Federal flood protection project; and
(D) <<NOTE: Determination.>> determine whether such
information-sharing protocols are adversely impacting
the ability of the Secretary to perform accurate
benefit-cost analyses for future flood risk management
activities.
(3) Report.--Upon completion of the review conducted under
paragraph (1), the Comptroller General shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report containing the results of such
review.
(g) Audit of Joint Costs for Operation and Maintenance.--
(1) <<NOTE: Review.>> In general.--Not later than 1 year
after the date of enactment of this Act, the Comptroller General
of the United States shall initiate a review of the practices of
the Corps of Engineers with respect to the determination of
joint costs associated with operations and maintenance of
reservoirs owned and operated by the Secretary.
(2) <<NOTE: Recommenda- tions.>> Report.--Upon completion
of the review conducted under paragraph (1), the Comptroller
General shall submit to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report on the
findings of such review and any recommendations that result from
such review.
SEC. 8237. ASSESSMENT OF FOREST, RANGELAND, AND WATERSHED
RESTORATION SERVICES ON LANDS OWNED BY
THE CORPS OF ENGINEERS.
(a) In General.--The Secretary shall carry out an assessment of
forest, rangeland, and watershed restoration services on lands owned by
the Corps of Engineers, including an assessment of whether the provision
of such services on such lands by non-Federal interests through good
neighbor agreements would be in the best interests of the United States.
[[Page 136 STAT. 3774]]
(b) Considerations.--In carrying out the assessment under subsection
(a), the Secretary shall--
(1) describe the forest, rangeland, and watershed
restoration services provided by the Secretary on lands owned by
the Corps of Engineers;
(2) assess whether such services, including efforts to
reduce hazardous fuels and to restore and improve forest,
rangeland, and watershed health (including the health of fish
and wildlife habitats) would be enhanced by authorizing the
Secretary to enter into a good neighbor agreement with a non-
Federal interest;
(3) describe the process for ensuring that Federal
requirements for land management plans for forests on lands
owned by the Corps of Engineers remain in effect under good
neighbor agreements;
(4) assess whether Congress should authorize the Secretary
to enter into a good neighbor agreement with a non-Federal
interest to provide forest, rangeland, and watershed restoration
services on lands owned by the Corps of Engineers, including by
assessing any interest expressed by a non-Federal interest to
enter into such an agreement;
(5) consider whether implementation of a good neighbor
agreement on lands owned by the Corps of Engineers would benefit
State and local governments and Indian Tribes that are located
in the same geographic area as such lands; and
(6) <<NOTE: Consultation.>> consult with the heads of other
Federal agencies authorized to enter into good neighbor
agreements with non-Federal interests.
(c) <<NOTE: Public information. Web posting.>> Report to
Congress.--Not later than 18 months after the date of enactment of this
section, the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate, and make publicly available
(including on a publicly available website), a report describing the
results of the assessment carried out under subsection (a).
(d) Definitions.--In this section:
(1) Forest, rangeland, and watershed restoration services.--
The term ``forest, rangeland, and watershed restoration
services'' has the meaning given such term in section 8206 of
the Agricultural Act of 2014 (16 U.S.C. 2113a).
(2) Good neighbor agreement.--The term ``good neighbor
agreement'' means a cooperative agreement or contract (including
a sole source contract) entered into between the Secretary and a
non-Federal interest to carry out forest, rangeland, and
watershed restoration services.
(3) Lands owned by the corps of engineers.--The term ``lands
owned by the Corps of Engineers'' means any land owned by the
Corps of Engineers, but does not include--
(A) a component of the National Wilderness
Preservation System;
(B) land on which the removal of vegetation is
prohibited or restricted by law or Presidential
proclamation;
(C) a wilderness study area; or
(D) any other land with respect to which the
Secretary determines that forest, rangeland, and
watershed restoration services should remain the
responsibility of the Secretary.
[[Page 136 STAT. 3775]]
Subtitle C--Deauthorizations and Modifications
SEC. 8301. DEAUTHORIZATION OF INACTIVE PROJECTS.
(a) Purposes; Proposed Deauthorization List; Submission of Final
List.--Section 301 of the Water Resources Development Act of 2020 (33
U.S.C. 579d-2) is amended by striking subsections (a) through (c) and
inserting the following:
``(a) Purposes.--The purposes of this section are--
``(1) to identify water resources development projects, and
separable elements of projects, authorized by Congress that are
no longer viable for construction due to--
``(A) a lack of local support;
``(B) a lack of available Federal or non-Federal
resources; or
``(C) an authorizing purpose that is no longer
relevant or feasible;
``(2) to create an expedited and definitive process for
Congress to deauthorize water resources development projects and
separable elements that are no longer viable for construction;
and
``(3) to allow the continued authorization of water
resources development projects and separable elements that are
viable for construction.
``(b) Proposed Deauthorization List.--
``(1) Preliminary list of projects.--
``(A) In general.--The Secretary shall develop a
preliminary list of each water resources development
project, or separable element of a project, authorized
for construction before November 8, 2007, for which--
``(i) planning, design, or construction was
not initiated before the date of enactment of this
Act; or
``(ii) <<NOTE: Time period.>> planning,
design, or construction was initiated before the
date of enactment of this Act, but for which no
funds, Federal or non-Federal, were obligated for
planning, design, or construction of the project
or separable element of the project during the
current fiscal year or any of the 10 preceding
fiscal years.
``(B) Use of comprehensive construction backlog and
operation and maintenance report.--The Secretary may
develop the preliminary list from the comprehensive
construction backlog and operation and maintenance
reports developed pursuant to section 1001(b)(2) of the
Water Resources Development Act of 1986 (33 U.S.C.
579a).
``(2) Preparation of proposed deauthorization list.--
``(A) Proposed list and estimated deauthorization
amount.--The Secretary shall--
``(i) <<NOTE: Determination.>> prepare a
proposed list of projects for deauthorization
comprised of a subset of projects and separable
elements identified on the preliminary list
developed under paragraph (1) that are projects or
separable elements described in subsection (a)(1),
as determined by the Secretary; and
``(ii) include with such proposed list an
estimate, in the aggregate, of the Federal cost to
complete such projects.
[[Page 136 STAT. 3776]]
``(B) Determination of federal cost to complete.--
For purposes of subparagraph (A), the Federal cost to
complete shall take into account any allowances
authorized by section 902 of the Water Resources
Development Act of 1986 (33 U.S.C. 2280), as applied to
the most recent project schedule and cost estimate.
``(3) Public comment and consultation.--
``(A) In general.--The Secretary shall solicit
comments from the public and the Governors of each
applicable State on the proposed deauthorization list
prepared under paragraph (2)(A).
``(B) Comment period.--The public comment period
shall be 90 days.
``(4) Preparation of final deauthorization list.--
``(A) In general.--The Secretary shall prepare a
final deauthorization list by--
``(i) considering any comments received under
paragraph (3); and
``(ii) revising the proposed deauthorization
list prepared under paragraph (2)(A) as the
Secretary determines necessary to respond to such
comments.
``(B) Appendix.--The Secretary shall include as part
of the final deauthorization list an appendix that--
``(i) identifies each project or separable
element on the proposed deauthorization list that
is not included on the final deauthorization list;
and
``(ii) describes the reasons why the project
or separable element is not included on the final
deauthorization list.
``(c) Submission of Final Deauthorization List to Congress for
Congressional Review; Publication.--
``(1) <<NOTE: Deadline.>> In general.--Not later than 90
days after the date of the close of the comment period under
subsection (b)(3), the Secretary shall--
``(A) <<NOTE: Appendix.>> submit the final
deauthorization list and appendix prepared under
subsection (b)(4) to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate;
and
``(B) <<NOTE: Federal Register, publication.>>
publish the final deauthorization list and appendix in
the Federal Register.
``(2) Exclusions.--The Secretary shall not include in the
final deauthorization list submitted under paragraph (1) any
project or separable element with respect to which Federal funds
for planning, design, or construction are obligated after the
development of the preliminary list under subsection (b)(1)(A)
but prior to the submission of the final deauthorization list
under paragraph (1)(A) of this subsection.''.
(b) Repeal.--Section 301(d) of the Water Resources Development Act
of 2020 (33 U.S.C. 579d-2(d)) is repealed.
SEC. 8302. WATERSHED AND RIVER BASIN ASSESSMENTS.
Section 729 of the Water Resources Development Act of 1986 (33
U.S.C. 2267a) is amended--
(1) in subsection (a)--
(A) in paragraph (5), by striking ``and'' at the
end;
[[Page 136 STAT. 3777]]
(B) in paragraph (6), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(7) sea level rise;
``(8) coastal storm damage reduction; and
``(9) streambank and shoreline protection.''; and
(2) in subsection (d)--
(A) in paragraph (9), by striking ``and'' at the
end;
(B) in paragraph (10), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(11) New York-New Jersey Watershed Basin, which
encompasses all the watersheds that flow into the New York-New
Jersey Harbor and their associated estuaries, including the
Hudson, Mohawk, Raritan, Passaic, Hackensack, and Bronx River
Watersheds and the Hudson River Estuary;
``(12) Mississippi River Watershed; and
``(13) Chattahoochee River Basin, Alabama, Florida, and
Georgia.''.
SEC. 8303. FORECAST-INFORMED RESERVOIR OPERATIONS.
(a) Additional Utilization of Forecast-Informed Reservoir
Operations.--Section 1222(c) of the Water Resources Development Act of
2018 (132 Stat. 3811; 134 Stat. 2661) is amended--
(1) in paragraph (1), by striking ``the Upper Missouri River
Basin and the North Platte River Basin'' and inserting ``the
Upper Missouri River Basin, the North Platte River Basin, and
the Apalachicola Chattahoochee Flint River Basin''; and
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``the Upper
Missouri River Basin or the North Platte River Basin''
and inserting ``the Upper Missouri River Basin, the
North Platte River Basin, or the Apalachicola
Chattahoochee Flint River Basin''; and
(B) in subparagraph (B), by striking ``the Upper
Missouri River Basin or the North Platte River Basin''
and inserting ``the Upper Missouri River Basin, the
North Platte River Basin, or the Apalachicola
Chattahoochee Flint River Basin''.
(b) Completion of Reports.--The Secretary shall expedite completion
of the reports authorized by section 1222 of the Water Resources
Development Act of 2018 (132 Stat. 3811; 134 Stat. 2661).
(c) <<NOTE: 33 USC 2319 note.>> Forecast-Informed Reservoir
Operations.--
(1) <<NOTE: Study. Assessment.>> In general.--The Secretary
is authorized to carry out a research study pilot program at 1
or more dams owned and operated by the Secretary in the North
Atlantic Division of the Corps of Engineers to assess the
viability of forecast-informed reservoir operations in the
eastern United States.
(2) Report.--Not later than 1 year after completion of the
research study pilot program under paragraph (1), the Secretary
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee
on Environment and Public Works of the Senate a report on the
results of the research study pilot program.
[[Page 136 STAT. 3778]]
SEC. 8304. LAKES PROGRAM.
Section 602(a) of the Water Resources Development Act of 1986 (100
Stat. 4148; 104 Stat. 4646; 110 Stat. 3758; 113 Stat. 295; 121 Stat.
1076; 134 Stat. 2703) is amended--
(1) in paragraph (29), by striking ``and'' at the end;
(2) in paragraph (30), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(31) Salisbury Pond, Worcester, Massachusetts;
``(32) Baisley Pond, New York;
``(33) Legacy Park, Decatur, Georgia; and
``(34) White Rock Lake, Dallas, Texas.''.
SEC. 8305. INVASIVE SPECIES.
(a) Aquatic Invasive Species Research.--Section 1108(a) of the Water
Resources Development Act of 2018 (33 U.S.C. 2263a(a)) is amended by
inserting ``, hydrilla'' after ``elodea''.
(b) Invasive Species Management.--Section 104 of the River and
Harbor Act of 1958 (33 U.S.C. 610) is amended--
(1) in subsection (b)(2)(A)(ii)--
(A) by striking ``$50,000,000'' and inserting
``$75,000,000''; and
(B) by striking ``2024'' and inserting ``2028'';
(2) in subsection (f)(4) by striking ``2024'' and inserting
``2028''; and
(3) in subsection (g)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``water quantity or
water quality'' and inserting ``water
quantity, water quality, or
ecosystems''; and
(II) by inserting ``the Lake Erie
Basin, the Ohio River Basin,'' after
``the Upper Snake River Basin,''; and
(ii) in subparagraph (B), by inserting ``,
hydrilla (Hydrilla verticillata),'' after
``(Elaeagnus angustifolia)''; and
(B) in paragraph (3)(D), by striking ``2024'' and
inserting ``2028''.
(c) Harmful Algal Bloom Demonstration Program.--Section 128(c) of
the Water Resources Development Act of 2020 (33 U.S.C. 610 note) is
amended to read as follows:
``(c) <<NOTE: State listing.>> Focus Areas.--In carrying out the
demonstration program under subsection (a), the Secretary shall
undertake program activities related to harmful algal blooms in--
``(1) the Great Lakes;
``(2) the tidal and inland waters of the State of New
Jersey, including Lake Hopatcong, New Jersey;
``(3) the coastal and tidal waters of the State of
Louisiana;
``(4) the waterways of the counties that comprise the
Sacramento-San Joaquin Delta, California;
``(5) the Allegheny Reservoir Watershed, New York;
``(6) Lake Okeechobee, Florida;
``(7) the Caloosahatchee and St. Lucie Rivers, Florida;
``(8) Lake Sidney Lanier, Georgia;
``(9) Rio Grande River Basin, Colorado, New Mexico, and
Texas;
[[Page 136 STAT. 3779]]
``(10) lakes and reservoirs in the State of Ohio;
``(11) the Upper Mississippi River and tributaries;
``(12) Detroit Lake, Oregon;
``(13) Ten Mile Lake, Oregon; and
``(14) <<NOTE: Virgin Islands.>> the coastal waters of the
United States Virgin Islands.''.
(d) Update on Invasive Species Policy Guidance.--Section 501(b) of
the Water Resources Development Act of 2020 (33 U.S.C. 610 note) is
amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) the Sacramento-San Joaquin Delta, California.''.
SEC. 8306. MAINTENANCE OF NAVIGATION CHANNELS.
Section 509(a) of the Water Resources Development Act of 1996 (110
Stat. 3759; 113 Stat. 339; 114 Stat. 2679) is amended by adding at the
end the following:
``(18) Second harbor at New Madrid County Harbor, Missouri.
``(19) Yabucoa Harbor, Puerto Rico.
``(20) Everett Harbor and Snohomish River, Boat Launch
Connector Channel, Washington.
``(21) Port Townsend, Boat Haven Marina Breakwater,
Washington.
``(22) Segment 1B of Houston Ship Channel, Texas.''.
SEC. 8307. PROJECT REAUTHORIZATIONS.
(a) In General.--
(1) New york harbor, new york and new jersey.--The New York
Harbor collection and removal of drift project authorized by
section 2 of the Act of March 4, 1915 (chapter 142, 38 Stat.
1051; 88 Stat. 39; 104 Stat. 4615), and deauthorized pursuant to
section 6001 of the Water Resources Reform and Development Act
of 2014 (128 Stat. 1345), is authorized to be carried out by the
Secretary.
(2) Rio nigua, salinas, puerto rico.--The project for flood
control, Rio Nigua, Salinas, Puerto Rico, authorized by section
101 of the Water Resources Development Act of 1999 (113 Stat.
278), and deauthorized pursuant to section 6001 of the Water
Resources Reform and Development Act of 2014 (128 Stat. 1345),
is authorized to be carried out by the Secretary.
(3) Rio grande de loiza, puerto rico.--The project for flood
control, Rio Grande De Loiza, Puerto Rico, authorized by section
101 of the Water Resources Development Act of 1992 (106 Stat.
4803), and deauthorized pursuant to section 6001 of the Water
Resources Reform and Development Act of 2014 (128 Stat. 1345),
is authorized to be carried out by the Secretary.
(b) <<NOTE: Reports.>> Feasibility Studies.--The Secretary shall
carry out, and submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report on the results of, a feasibility
study for each of the projects described in subsection (a).
[[Page 136 STAT. 3780]]
SEC. 8308. SPECIAL RULE FOR CERTAIN BEACH NOURISHMENT PROJECTS.
(a) In General.--In the case of a water resources development
project described in subsection (b), the Secretary shall--
(1) <<NOTE: Determination.>> fund, at Federal expense, any
incremental increase in cost to the project that results from a
legal requirement to use a borrow source determined by the
Secretary to be other than the least-cost option; and
(2) exclude the cost described in paragraph (1) from the
cost-benefit analysis for the project.
(b) Water Resources Development Project Described. <<NOTE: State
listing.>> --A water resources development project referred to in
subsection (a) is any of the following:
(1) The Townsends Inlet to Cape May Inlet, New Jersey,
hurricane storm damage reduction, shore protection, and
ecosystem restoration project, authorized by section 101(a)(26)
of the Water Resources Development Act of 1999 (113 Stat. 278).
(2) The Folly Beach, South Carolina, shoreline protection
project, authorized by section 501(a) of the Water Resources
Development Act of 1986 (100 Stat. 4136; 105 Stat. 520).
(3) The Carolina Beach and Vicinity, North Carolina, coastal
storm risk management project, authorized by section 203 of the
Flood Control Act of 1962 (76 Stat. 1182; 134 Stat. 2741).
(4) The Wrightsville Beach, North Carolina, coastal storm
risk management project, authorized by section 203 of the Flood
Control Act of 1962 (76 Stat. 1182; 134 Stat. 2741).
(c) Savings Provision.--Nothing in this section limits the
eligibility for, or availability of, Federal expenditures or financial
assistance for any water resources development project, including any
beach nourishment or renourishment project, under any other provision of
Federal law.
SEC. 8309. COLUMBIA RIVER BASIN.
(a) Study of Flood Risk Management Activities.--
(1) <<NOTE: Determination. Reports. Recommenda- tions.>> In
general.--Using funds made available to carry out this section,
the Secretary is authorized, at Federal expense, to carry out a
study to determine the feasibility of a project for flood risk
management and related purposes in the Columbia River Basin and
to report to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Environment
and Public Works of the Senate with recommendations thereon,
including recommendations for a project to potentially reduce
the reliance on Canada for flood risk management in the basin.
(2) Coordination.--The Secretary shall carry out the
activities described in this subsection in coordination with
other Federal and State agencies and Indian Tribes.
(b) Funds for Columbia River Treaty Obligations.--
(1) <<NOTE: Canada.>> In general.--The Secretary is
authorized to expend funds appropriated for the purpose of
satisfying United States obligations under the Columbia River
Treaty to compensate Canada for operating Canadian storage on
behalf of the United States under such treaty.
(2) Notification.--If the U.S. entity calls upon Canada to
operate Canadian reservoir storage for flood risk management on
behalf of the United States, which operation may
[[Page 136 STAT. 3781]]
incur an obligation to compensate Canada under the Columbia
River Treaty--
(A) <<NOTE: Deadline.>> the Secretary shall submit
to the Committees on Transportation and Infrastructure
and Appropriations of the House of Representatives and
the Committees on Environment and Public Works and
Appropriations of the Senate, by not later than 30 days
after the initiation of the call, a written notice of
the action and a justification, including a description
of the circumstances necessitating the call;
(B) <<NOTE: Determination.>> upon a determination
by the United States of the amount of compensation that
shall be paid to Canada, the Secretary shall submit to
the Committees on Transportation and Infrastructure and
Appropriations of the House of Representatives and the
Committees on Environment and Public Works and
Appropriations of the Senate a written notice specifying
such amount and an explanation of how such amount was
derived, which notification shall not delay or impede
the flood risk management mission of the U.S. entity;
and
(C) the Secretary shall make no payment to Canada
for the call under the Columbia River Treaty until such
time as funds appropriated for the purpose of
compensating Canada under such treaty are available.
(3) Definitions.--In this section:
(A) Columbia river basin.--The term ``Columbia River
Basin'' means the entire United States portion of the
Columbia River watershed.
(B) Columbia river treaty.--The term ``Columbia
River Treaty'' means the treaty relating to cooperative
development of the water resources of the Columbia River
Basin, signed at Washington January 17, 1961, and
entered into force September 16, 1964.
(C) U.S. entity.--The term ``U.S. entity'' means the
entity designated by the United States under Article XIV
of the Columbia River Treaty.
SEC. 8310. EVALUATION OF HYDROLOGIC CHANGES IN SOURIS RIVER BASIN.
The <<NOTE: Canada.>> Secretary is authorized to evaluate
hydrologic changes affecting the agreement entitled ``Agreement Between
the Government of Canada and the Government of the United States of
America for Water Supply and Flood Control in the Souris River Basin'',
signed and entered into force on October 26, 1989.
SEC. 8311. ACEQUIAS IRRIGATION SYSTEMS.
Section 1113 of the Water Resources Development Act of 1986 (100
Stat. 4232; 110 Stat. 3719) is amended--
(1) in subsection (b)--
(A) by striking ``(b) Subject to section 903(a) of
this Act, the Secretary is authorized and directed to
undertake'' and inserting the following:
``(b) Authorization.--The Secretary shall carry out''; and
(B) by striking ``canals'' and all that follows
through ``100 percent.'' and inserting the following:
``channels attendant to the operations of the community
ditch and Acequia systems in New Mexico that--
[[Page 136 STAT. 3782]]
``(1) are declared to be a political subdivision of the
State; or
``(2) belong to an Indian Tribe (as defined in section 4 of
the Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304)).'';
(2) by redesignating subsection (c) as subsection (f);
(3) by inserting after subsection (b) the following:
``(c) Inclusions.--The measures described in subsection (b) shall,
to the maximum extent practicable--
``(1) ensure greater resiliency of diversion structures,
including to flow variations, prolonged drought conditions,
invasive plant species, and threats from changing hydrological
and climatic conditions; or
``(2) support research, development, and training for
innovative management solutions, including those for controlling
invasive aquatic plants that affect acequias.
``(d) Cost Sharing.--The non-Federal share of the cost of carrying
out the measures described in subsection (b), including study costs,
shall be 25 percent, except that in the case of a measure benefitting an
economically disadvantaged community (as defined by the Secretary under
section 160 of the Water Resources Development Act of 2020 (33 U.S.C.
2201 note)), including economically disadvantaged communities located in
urban and rural areas, the Federal share of the cost of carrying out
such measure shall be 90 percent.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the measures described in subsection (b)
$80,000,000.''; and
(4) in subsection (f) (as so redesignated)--
(A) in the first sentence--
(i) by striking ``(f) The Secretary is further
authorized and directed to'' and inserting the
following:
``(f) Public Entity Status.--
``(1) In general.--The Secretary shall''; and
(ii) by inserting ``or belong to an Indian
Tribe within the State of New Mexico'' after
``that State''; and
(B) in the second sentence, by striking ``This
public entity status will allow the officials of these
Acequia systems'' and inserting the following:
``(2) Effect.--The public entity status provided under
paragraph (1) shall allow the officials of the Acequia systems
described in such paragraph''.
SEC. 8312. PORT OF NOME, ALASKA.
(a) In General.--The Secretary shall carry out the project for
navigation, Port of Nome, Alaska, authorized by section 401(1) of the
Water Resources Development Act of 2020 (134 Stat. 2733).
(b) Cost Share.--
(1) In general.--The non-Federal interest for the project
described in subsection (a) shall pay 10 percent of the costs
associated with the general navigation features of the project
during the period of construction.
(2) Exception.--Section 101(a)(2) of the Water Resources
Development Act of 1986 (33 U.S.C. 2211(a)(2)) shall not apply
to the project described in subsection (a).
[[Page 136 STAT. 3783]]
SEC. 8313. <<NOTE: Waiver. Effective date.>> ST. GEORGE, ALASKA.
Notwithstanding the terms of the local cooperation agreement between
the Department of the Army and the City of St. George, Alaska, dated
December 23, 1988, the Secretary shall waive any and all payments due
and owing to the United States by the City of St. George on or after the
date of enactment this Act resulting from the judgment filed on November
8, 1993, in the United States Court of Federal Claims in J.E. McAmis,
Inc. v. United States, 90-315C, 91-1194C, and 91-1195C.
SEC. 8314. UNALASKA (DUTCH HARBOR) CHANNELS, ALASKA.
Section 401(1) of the Water Resources Development Act of 2020 (134
Stat. 2734) is amended, in row 3 (relating to the project for
navigation, Unalaska (Dutch Harbor) Channels, Alaska), by striking
``February 7, 2020'' and inserting ``October 2, 2020''.
SEC. 8315. STORM DAMAGE PREVENTION AND REDUCTION, COASTAL EROSION,
AND ICE AND GLACIAL DAMAGE, ALASKA.
(a) In General.--The Secretary shall establish a program to carry
out structural and nonstructural projects for storm damage prevention
and reduction, coastal erosion, and ice and glacial damage in the State
of Alaska, including--
(1) relocation of affected communities; and
(2) construction of replacement facilities.
(b) Cost Share.--
(1) In general.--Except as provided in paragraph (2), the
non-Federal share of the cost of a project carried out under
this section shall be in accordance with sections 103 and 105 of
the Water Resources Development Act of 1986 (33 U.S.C. 2213,
2215).
(2) Exception.--In the case of a project benefitting an
economically disadvantaged community (as defined by the
Secretary under section 160 of the Water Resources Development
Act of 2020 (33 U.S.C. 2201 note)), including economically
disadvantaged communities located in urban and rural areas, the
non-Federal share of the cost of such project shall be 10
percent.
(c) Repeal.--Section 116 of the Energy and Water Development and
Related Agencies Appropriations Act, 2010 (123 Stat. 2851), is repealed.
(d) Treatment.--The program authorized by subsection (a) shall be
considered a continuation of the program authorized by section 116 of
the Energy and Water Development and Related Agencies Appropriations
Act, 2010 (123 Stat. 2851) (as in effect on the day before the date of
enactment of this Act).
SEC. 8316. ST. FRANCIS LAKE CONTROL STRUCTURE.
(a) In General.--The Secretary shall set the ordinary high water
mark for water impounded behind the St. Francis Lake Control Structure,
authorized by the Act of May 15, 1928 (chapter 569, 45 Stat. 538; 79
Stat. 1077), at 208 feet mean sea level.
(b) Operation by Project Manager.--In setting the ordinary high
water mark under subsection (a), the Secretary shall ensure that the
project manager for the St. Francis Lake Control Structure may continue
operating such structure in accordance with the instructions set forth
in the document titled ``St. Francis Lake Control Structure Standing
Instructions to the Project Manager''
[[Page 136 STAT. 3784]]
and published in January 1982 by the Corps of Engineers, Memphis
District.
SEC. 8317. SOUTH PLATTE RIVER AND TRIBUTARIES, ADAMS AND DENVER
COUNTIES, COLORADO.
(a) <<NOTE: Contracts.>> In General.--The Secretary shall expedite
the completion of a written agreement under section 204(d) of the Water
Resources Development Act of 1986 (33 U.S.C. 2232(d)) with the non-
Federal interest for the project for ecosystem restoration and flood
risk management, South Platte River and Tributaries, Adams and Denver
Counties, Colorado, authorized by section 401(4) of the Water Resources
Development Act of 2020 (134 Stat. 2739).
(b) <<NOTE: Determination.>> Reimbursement.--The written agreement
described in subsection (a) shall provide for reimbursement of the non-
Federal interest from funds in the allocation for the project described
in subsection (a) in the detailed spend plan submitted for amounts
appropriated under the heading ``department of the army--corps of
engineers--civil--construction'' in title III of division J of the
Infrastructure Investment and Jobs Act (135 Stat. 1359) if the Secretary
determines that funds in an amount sufficient to reimburse the non-
Federal interest are available in such allocation.
SEC. 8318. FRUITVALE AVENUE RAILROAD BRIDGE, ALAMEDA, CALIFORNIA.
Section 4017(d) <<NOTE: Repeal.>> of the Water Resources
Development Act of 2007 (121 Stat. 1175) is repealed.
SEC. 8319. LOS ANGELES COUNTY, CALIFORNIA.
(a) Establishment of Program.--The Secretary may establish a program
to provide environmental assistance to non-Federal interests in Los
Angeles County, California.
(b) Form of Assistance.--Assistance provided under this section may
be in the form of design and construction assistance for water-related
environmental infrastructure and resource protection and development
projects in Los Angeles County, California, including projects for
wastewater treatment and related facilities, water supply and related
facilities, environmental restoration, and surface water resource
protection and development.
(c) Ownership Requirement.--The Secretary may provide assistance for
a project under this section only if the project is publicly owned.
(d) <<NOTE: Contracts.>> Partnership Agreements.--
(1) In general.--Before providing assistance under this
section to a non-Federal interest, the Secretary shall enter
into a partnership agreement under section 221 of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b) with the non-Federal
interest with respect to the project to be carried out with such
assistance.
(2) Requirements.--Each partnership agreement for a project
entered into under this subsection shall provide for the
following:
(A) <<NOTE: Plans.>> Development by the Secretary,
in consultation with appropriate Federal and State
officials, of a facilities or resource protection and
development plan, including appropriate engineering
plans and specifications.
[[Page 136 STAT. 3785]]
(B) Establishment of such legal and institutional
structures as are necessary to ensure the effective
long-term operation of the project by the non-Federal
interest.
(3) Cost sharing.--
(A) In general.--The Federal share of the cost of a
project under this section--
(i) shall be 75 percent; and
(ii) may be provided in the form of grants or
reimbursements of project costs.
(B) Credit for interest.--In case of a delay in the
funding of the Federal share of a project that is the
subject of an agreement under this section, the non-
Federal interest shall receive credit for reasonable
interest incurred in providing the non-Federal share of
the project cost.
(C) Credit for land, easements, and rights-of-way.--
Notwithstanding section 221(a)(4)(G) of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)(G)), the
non-Federal interest shall receive credit for land,
easements, rights-of-way, and relocations toward the
non-Federal share of project cost (including all
reasonable costs associated with obtaining permits
necessary for the construction, operation, and
maintenance of the project on publicly owned or
controlled land), but the credit may not exceed 25
percent of total project costs.
(D) Operation and maintenance.--The non-Federal
share of operation and maintenance costs for projects
constructed with assistance provided under this section
shall be 100 percent.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$50,000,000 to carry out this section.
(2) Corps of engineers expenses.--Not more than 10 percent
of the amounts made available to carry out this section may be
used by the Corps of Engineers district offices to administer
projects under this section at Federal expense.
SEC. 8320. DEAUTHORIZATION OF DESIGNATED PORTIONS OF THE LOS
ANGELES COUNTY DRAINAGE AREA,
CALIFORNIA.
(a) <<NOTE: Termination date.>> In General.--The portion of the
project for flood risk management, Los Angeles County Drainage Area,
California, authorized by section 5 of the Act of June 22, 1936 (chapter
688, 49 Stat. 1589; 50 Stat. 167; 52 Stat. 1215; 55 Stat. 647; 64 Stat.
177; 104 Stat. 4611), consisting of the debris basins described in
subsection (b), is no longer authorized beginning on the date that is 18
months after the date of enactment of this Act.
(b) Debris Basins Described.--The debris basins referred to in
subsection (a) are the following debris basins operated and maintained
by the Los Angeles County Flood Control District, as generally defined
in Corps of Engineers operations and maintenance manuals as may be
further described in an agreement entered into under subsection (c):
Auburn Debris Basin, Bailey Debris Basin, Big Dalton Debris Basin,
Blanchard Canyon Debris Basin, Blue Gum Canyon Debris Basin, Brand
Canyon Debris Basin, Carter Debris Basin, Childs Canyon Debris Basin,
Dunsmuir Canyon Debris Basin, Eagle Canyon Debris Basin, Eaton Wash
Debris Basin, Elmwood Canyon Debris Basin, Emerald East Debris Basin,
Emerald West Debris Retention Inlet, Hay Debris Basin, Hillcrest
[[Page 136 STAT. 3786]]
Debris Basin, La Tuna Canyon Debris Basin, Little Dalton Debris Basin,
Live Oak Debris Retention Inlet, Lopez Debris Retention Inlet, Lower
Sunset Canyon Debris Basin, Marshall Canyon Debris Retention Inlet,
Santa Anita Debris Basin, Sawpit Debris Basin, Schoolhouse Canyon Debris
Basin, Shields Canyon Debris Basin, Sierra Madre Villa Debris Basin,
Snover Canyon Debris Basin, Stough Canyon Debris Basin, Wilson Canyon
Debris Basin, and Winery Canyon Debris Basin.
(c) <<NOTE: Contracts. Deadline.>> Agreement.--Not later than 90
days after the date of enactment of this Act, the Secretary shall seek
to enter into an agreement with the Los Angeles County Flood Control
District to ensure that the Los Angeles County Flood Control District--
(1) operates, maintains, repairs, and rehabilitates, and
replaces as necessary, the debris basins described in subsection
(b)--
(A) in perpetuity at no cost to the United States;
and
(B) in a manner that ensures that the quantity and
concentration of stormwater inflows from such debris
basins does not reduce the level of flood protection of
the project described in subsection (a);
(2) retains public ownership of, and compatible uses for,
all real property required for the continued functioning of the
debris basins described in subsection (b), consistent with
authorized purposes of the project described in subsection (a);
(3) allows the Corps of Engineers to continue to operate,
maintain, rehabilitate, repair, and replace appurtenant
structures, such as rain and stream gages, located within the
debris basins subject to deauthorization under subsection (a) as
necessary to ensure the continued functioning of the project
described in subsection (a); and
(4) holds and saves the United States harmless from damages
due to overtopping, breach, failure, operation, or maintenance
of the debris basins described in subsection (b).
(d) Administrative Costs.--The Secretary may accept and expend funds
voluntarily contributed by the Los Angeles County Flood Control District
to cover the administrative costs incurred by the Secretary to--
(1) enter into an agreement under subsection (c); and
(2) <<NOTE: Compliance.>> monitor compliance with such
agreement.
SEC. 8321. MURRIETA CREEK, CALIFORNIA.
Section 103 of title I of appendix B of Public Law 106-377 (114
Stat. 1441A-65) (relating to the project for flood control,
environmental restoration, and recreation, Murrieta Creek, California),
is amended--
(1) by striking ``$89,850,000'' and inserting
``$277,194,000'';
(2) by striking ``$57,735,000'' and inserting
``$180,176,100''; and
(3) by striking ``$32,115,000'' and inserting
``$97,017,900''.
SEC. 8322. SACRAMENTO RIVER BASIN, CALIFORNIA.
The <<NOTE: Termination date.>> portion of the project for flood
protection in the Sacramento River Basin, authorized by section 2 of the
Act of March 1, 1917 (chapter 144, 39 Stat. 949; 68 Stat. 1264; 110
Stat. 3662; 113 Stat. 319), consisting of the portion of the American
River North Levee, upstream of Arden Way, from G.P.S. coordinate
38.600948N 121.330599W to 38.592261N 121.334155W, is no longer
authorized beginning on the date of enactment of this Act.
[[Page 136 STAT. 3787]]
SEC. 8323. SAN DIEGO RIVER AND MISSION BAY, SAN DIEGO COUNTY,
CALIFORNIA.
(a) In General.--The project for flood control and navigation, San
Diego River and Mission Bay, San Diego County, California, authorized by
the Act of July 24, 1946 (chapter 595, 60 Stat. 636; 134 Stat. 2705), is
modified to change the authorized conveyance capacity of the project to
a level determined appropriate by the Secretary based on the actual
capacity of the project, which level may be further modified by the
Secretary as necessary to account for sea level rise.
(b) <<NOTE: Review. Approval.>> Operation and Maintenance Manual.--
(1) <<NOTE: Revision.>> In general.--The non-Federal
sponsor for the project described in subsection (a) shall
prepare for review and approval by the Secretary a revised
operation and maintenance manual for the project to implement
the modification described in subsection (a).
(2) Funding.--The non-Federal sponsor shall provide to the
Secretary funds sufficient to cover the costs incurred by the
Secretary to review and approve the manual described in
paragraph (1), and the Secretary may accept and expend such
funds in the performance of such review and approval.
(c) <<NOTE: Compliance. Requirements.>> Emergency Repair and
Restoration Assistance.--Upon approval by the Secretary of the revised
operation and maintenance manual required under subsection (b), and
subject to compliance by the non-Federal sponsor with the requirements
of such manual and with any other eligibility requirement established by
the Secretary, the project described in subsection (a) shall be
considered for assistance under section 5(a) of the Act of August 18,
1941 (33 U.S.C. 701n(a)).
SEC. 8324. ADDITIONAL ASSISTANCE FOR EASTERN SANTA CLARA BASIN,
CALIFORNIA.
Section 111 of title I of division B of the Miscellaneous
Appropriations Act, 2001 (Public Law 106-554, appendix D, 114 Stat.
2763A-224 (as enacted by section 1(a)(4) of the Consolidated
Appropriations Act, 2001 (114 Stat. 2763)); 121 Stat. 1209), is
amended--
(1) in subsection (a), by inserting ``and volatile organic
compounds'' after ``perchlorates''; and
(2) in subsection (b)(3), by inserting ``and volatile
organic compounds'' after ``perchlorates''.
SEC. 8325. SAN FRANCISCO BAY, CALIFORNIA.
(a) Technical Amendment.--Section 203(a)(1)(A) of the Water
Resources Development Act of 2020 (134 Stat. 2675) is amended by
striking ``ocean shoreline'' and inserting ``bay and ocean shorelines''.
(b) Implementation.--In carrying out a study under section 142 of
the Water Resources Development Act of 1976 (90 Stat. 2930; 100 Stat.
4158), pursuant to section 203(a)(1)(A) of the Water Resources
Development Act of 2020 (as amended by this section), the Secretary
shall not differentiate between damages related to high tide flooding
and coastal storm flooding for the purposes of determining the Federal
interest or cost share.
SEC. 8326. SOUTH SAN FRANCISCO BAY SHORELINE, CALIFORNIA.
(a) In General.--Except for funds required for a betterment or for a
locally preferred plan, the Secretary shall not require the non-Federal
interest for the project for flood risk management,
[[Page 136 STAT. 3788]]
ecosystem restoration, and recreation, South San Francisco Bay
Shoreline, California, authorized by section 1401(6) of the Water
Resources Development Act of 2016 (130 Stat. 1714), to contribute funds
under an agreement entered into prior to the date of enactment of this
Act in excess of the total cash contribution required from the non-
Federal interest for the project under section 103 of the Water
Resources Development Act of 1986 (33 U.S.C. 2213).
(b) <<NOTE: Determinations.>> Requirement.--The Secretary shall
not, at any time, defer, suspend, or terminate construction of the
project described in subsection (a) solely on the basis of a
determination by the Secretary that an additional appropriation is
required to cover the Federal share of the cost to complete construction
of the project, if Federal funds, in an amount determined by the
Secretary to be sufficient to continue construction of the project,
remain available in the allocation for the project under the Long-Term
Disaster Recovery Investment Plan for amounts appropriated under the
heading ``corps of engineers--civil--department of the army--
construction'' in title IV of subdivision 1 of division B of the
Bipartisan Budget Act of 2018 (Public Law 115-123; 132 Stat. 76).
SEC. 8327. DELAWARE SHORE PROTECTION AND RESTORATION.
(a) Delaware Beneficial Use of Dredged Material for the Delaware
River, Delaware.--
(1) <<NOTE: New Jersey. Pennsylvania.>> In general.--At the
request of the non-Federal interest for the project for
hurricane and storm damage risk reduction, Delaware Beneficial
Use of Dredged Material for the Delaware River, Delaware,
authorized by section 401(3) of the Water Resources Development
Act of 2020 (134 Stat. 2736) (referred to in this subsection as
the ``project''), the Secretary shall implement the project
using borrow sources that are alternatives to the Delaware
River, Philadelphia to the Sea, project, Delaware, New Jersey,
Pennsylvania, authorized by the Act of June 25, 1910 (chapter
382, 36 Stat. 637; 46 Stat. 921; 52 Stat. 803; 59 Stat. 14; 68
Stat. 1249; 72 Stat. 297).
(2) Interim authority.--Until the Secretary implements the
modification under paragraph (1), the Secretary is authorized,
at the request of a non-Federal interest, to carry out initial
construction or periodic nourishments at any site included in
the project under--
(A) section 1122 of the Water Resources Development
Act of 2016 (33 U.S.C. 2326 note); or
(B) section 204(d) of the Water Resources
Development Act of 1992 (33 U.S.C. 2326(d)).
(3) Cost share.--The Federal share of the cost to construct
and periodically nourish the project, including the cost of any
modifications carried out under paragraph (1) and the
incremental cost of any placements carried out under paragraph
(2)(B), shall be 90 percent.
(b) Delaware Emergency Shore Restoration.--
(1) In general.--The Secretary is authorized to repair or
restore a federally authorized hurricane and storm damage
reduction structure or project or a public beach located in the
State of Delaware pursuant to section 5(a) of the Act of August
18, 1941 (33 U.S.C. 701n(a)), if--
[[Page 136 STAT. 3789]]
(A) the structure, project, or public beach is
damaged by wind, wave, or water action associated with a
Nor'easter; and
(B) <<NOTE: Determination.>> the Secretary
determines that the damage prevents--
(i) in the case of a structure or project, the
adequate functioning of the structure or project
for the authorized purposes of the structure or
project; or
(ii) in the case of a public beach, the
adequate functioning of the beach as a natural
barrier to inundation, wave attack, or erosion
coinciding with hurricanes, coastal storms, or
Nor'easters.
(2) Justification.--The Secretary may carry out a repair or
restoration activity under paragraph (1) without the need to
demonstrate that the activity is justified solely by national
economic development benefits if--
(A) <<NOTE: Determination.>> the Secretary
determines that--
(i) such activity is necessary to restore the
adequate functioning of the structure, project, or
public beach for the purposes described in
paragraph (1)(B), as applicable; and
(ii) such activity is warranted to protect
against loss to life or property of the community
protected by the structure, project, or public
beach; and
(B) <<NOTE: Compliance.>> in the case of a public
beach, the non-Federal interest agrees to participate
in, and comply with, applicable Federal floodplain
management and flood insurance programs.
(3) Prioritization.--Repair or restoration activities
carried out by the Secretary under paragraph (2) shall be given
equal budgetary consideration and priority as activities
justified solely by national economic development benefits.
(4) Limitations.--An activity carried out under paragraph
(1) for a public beach shall not--
(A) repair or restore the beach beyond its natural
profile; or
(B) be considered initial construction of the
hurricane and storm damage reduction project.
(5) Savings provision.--The authority provided by this
subsection shall be in addition to any authority provided by
section 5(a) of the Act of August 18, 1941 (33 U.S.C. 701n(a))
to repair or restore federally authorized hurricane or shore
protective structure or project located in the State of Delaware
damaged or destroyed by wind, wave, or water action of other
than an ordinary nature.
(6) Sunset.--The authority of the Secretary to carry out an
activity under paragraph (1) for a public beach shall expire on
the date that is 10 years after the date of enactment of this
Act.
(7) Definitions.--In this subsection:
(A) Nor'easter.--The term ``Nor'easter'' means a
synoptic-scale, extratropical cyclone in the western
North Atlantic Ocean.
(B) Public beach.--The term ``public beach'' means a
beach within the geographic boundary of an unconstructed
federally authorized hurricane and storm damage
reduction project that is--
[[Page 136 STAT. 3790]]
(i) a publicly owned beach; or
(ii) a privately owned beach that is available
for public use, including the availability of
reasonable public access, in accordance with
Engineer Regulation 1165-2-130, published by the
Corps of Engineers, dated June 15, 1989.
(c) Indian River Inlet and Bay, Delaware.--
(1) In general.--In carrying out major maintenance of the
project for navigation, Indian River Inlet and Bay, Delaware,
authorized by the first section of the Act of August 26, 1937
(chapter 832, 50 Stat. 846; 59 Stat. 14), the Secretary shall
repair, restore, or relocate any non-Federal public recreation
facility that has been damaged, in whole or in part, by the
deterioration or failure of the project.
(2) Authorization of appropriations.--There is authorized to
be appropriated to carry out this subsection $10,000,000.
(d) Indian River Inlet Sand Bypass Plant, Delaware.--
(1) In general.--The project for hurricane-flood protection
and beach erosion control at Indian River Inlet, Delaware,
commonly known as the ``Indian River Inlet Sand Bypass Plant'',
authorized by section 869 of the Water Resources Development Act
of 1986 (100 Stat. 4182), is modified to authorize the
Secretary, at the request of a non-Federal interest, to provide
periodic nourishment through dedicated dredging or other means
to maintain or restore the functioning of such project when--
(A) the sand bypass plant is inoperative; or
(B) operation of the sand bypass plant is
insufficient to maintain the functioning of the project.
(2) Cost share.--The non-Federal share of the cost of a
cycle of periodic nourishment provided pursuant to paragraph (1)
shall be the same percentage as the non-Federal share of the
cost to operate the sand bypass plant.
(e) Reprogramming for Coastal Storm Risk Management Project at
Indian River Inlet.--
(1) In general.--For each fiscal year, the Secretary may
reprogram amounts made available for any coastal storm risk
management project to use such amounts for the project for
hurricane-flood protection and beach erosion control at Indian
River Inlet, Delaware, commonly known as the ``Indian River
Inlet Sand Bypass Plant'', authorized by section 869 of the
Water Resources Development Act of 1986 (100 Stat. 4182).
(2) Limitations.--
(A) In general.--The Secretary may carry out not
more than 2 reprogramming actions under paragraph (1)
for each fiscal year.
(B) Amount.--For each fiscal year, the Secretary may
reprogram--
(i) not more than $100,000 per reprogramming
action; and
(ii) not more than $200,000 for each fiscal
year.
SEC. 8328. ST. JOHNS RIVER BASIN, CENTRAL AND SOUTHERN FLORIDA.
The <<NOTE: Termination date.>> portions of the project for flood
control and other purposes, Central and Southern Florida, authorized by
section 203 of the
[[Page 136 STAT. 3791]]
Flood Control Act of 1948 (62 Stat. 1176), consisting of the
southernmost 3.5-mile reach of the L-73 levee, Section 2, Osceola County
Florida, are no longer authorized beginning on the date of enactment of
this Act.
SEC. 8329. LITTLE PASS, CLEARWATER BAY, FLORIDA.
The <<NOTE: Termination date.>> portion of the project for
navigation, Little Pass, Clearwater Bay, Florida, authorized by section
101 of the River and Harbor Act of 1960 (74 Stat. 481), beginning with
the most westerly 1,000 linear feet of the channel encompassing all of
Cut H, to include the turning basin, is no longer authorized beginning
on the date of enactment of this Act.
SEC. 8330. COMPREHENSIVE EVERGLADES RESTORATION PLAN, FLORIDA.
(a) In General.--Section 601(e)(5) of the Water Resources
Development Act of 2000 (114 Stat. 2685; 121 Stat. 1269; 132 Stat. 3786)
is amended--
(1) in subparagraph (D), by striking ``subparagraph (D)''
and inserting ``subparagraph (E)''; and
(2) in subparagraph (E)--
(A) in clause (i), in the matter preceding subclause
(I), by striking ``during each 5-year period, beginning
with commencement of design of the Plan'' and inserting
``during each period of 5 fiscal years, beginning on
October 1, 2022'';
(B) in clause (ii), by inserting ``for each project
in the Plan'' before the period at the end; and
(C) by adding at the end the following:
``(iii) <<NOTE: Deadline.>> Accounting.--Not
later than 90 days after the end of each fiscal
year, the Secretary shall provide to the non-
Federal sponsor a financial accounting of non-
Federal contributions under clause (i)(I) for such
fiscal year.
``(iv) Limitation.--In the case of an
authorized project for which a project partnership
agreement has not been executed and for which
there is an agreement under subparagraph
(B)(i)(III), the Secretary--
``(I) shall consider all
expenditures and obligations incurred by
the non-Federal sponsor for land and in-
kind services for the project in
determining the amount of any cash
contribution required from the non-
Federal sponsor to satisfy the cost-
share requirements of this subsection;
and
``(II) may only require any such
cash contribution to be made at the end
of each period of 5 fiscal years under
clause (i).''.
(b) Update.--The Secretary and the non-Federal interest shall revise
the Master Agreement for the Comprehensive Everglades Restoration Plan,
executed in 2009 pursuant to section 601 of the Water Resources
Development Act of 2000 (114 Stat. 2680), to reflect the amendment made
by subsection (a).
SEC. 8331. PALM BEACH HARBOR, FLORIDA.
Beginning <<NOTE: Effective date.>> on the date of enactment of
this Act, the project for navigation, Palm Beach Harbor, Florida, for
which assumption of maintenance was authorized by section 202 of the
Water Resources Development Act of 1986 (100 Stat. 4093), is modified to
deauthorize the portion of the project, known as the Northern
[[Page 136 STAT. 3792]]
Turning Basin, consisting of an approximate 209,218-square foot area
(4.803 acres) of the Federal northern turning basin within Palm Beach
Harbor, starting at a point with coordinates N887149.6299, E965813.7673;
thence running N4605'59''E for 106.07 feet to a point with coordinates
N887223.1767, E965890.1929; thence running S8854'01''E for 393.00 feet
to a point with coordinates N887215.6342, E966283.1205; thence running
S3248'37''E for 433.78 feet to a point with coordinates N886851.0560,
E966518.1668; thence running N8854'01''W for 710.00 feet to a point
with coordinates N886864.6824, E965808.2975; thence running N0105'59''E
for 285.00 feet to the point of origin.
SEC. 8332. PORT EVERGLADES, FLORIDA.
Section 1401(1) of the Water Resources Development Act of 2016 (130
Stat. 1709) is amended, in row 4 (relating to the project for
navigation, Port Everglades, Florida)--
(1) by striking ``$229,770,000'' and inserting
``$529,700,000'';
(2) by striking ``$107,233,000'' and inserting
``$247,209,000''; and
(3) by striking ``$337,003,000'' and inserting
``$776,909,000''.
SEC. 8333. SOUTH FLORIDA ECOSYSTEM RESTORATION TASK FORCE.
Section 528(f)(1)(J) of the Water Resources Development Act of 1996
(110 Stat. 3771) is amended by striking ``2 representatives of the State
of Florida,'' and inserting ``3 representatives of the State of Florida,
including at least 1 representative of the Florida Department of
Environmental Protection and 1 representative of the Florida Fish and
Wildlife Conservation Commission,''.
SEC. 8334. NEW SAVANNAH BLUFF LOCK AND DAM, GEORGIA AND SOUTH
CAROLINA.
Section 1319(c) of the Water Resources Development Act of 2016 (130
Stat. 1704) is amended by striking paragraph (2) and inserting the
following:
``(2) Cost share.--
``(A) In general.--The costs of construction of a
Project feature constructed pursuant to paragraph (1)
shall be determined in accordance with section
101(a)(1)(B) of the Water Resources Development Act of
1986 (33 U.S.C. 2211(a)(1)(B)).
``(B) Savings provision.--Any increase in costs for
the Project due to the construction of a Project feature
constructed pursuant to paragraph (1) shall not be
included in the total project cost for purposes of
section 902 of the Water Resources Development Act of
1986 (33 U.S.C. 2280).''.
SEC. 8335. LITTLE WOOD RIVER, GOODING, IDAHO.
Section 3057 of the Water Resources Development Act of 2007 (121
Stat. 1120) is amended--
(1) in subsection (a)(2), by striking ``$9,000,000'' and
inserting ``$40,000,000''; and
(2) in subsection (b)--
(A) by striking paragraph (1) and inserting the
following:
``(1) Planning, design, and reconstruction costs.--The
Federal share of planning, design, and reconstruction costs
[[Page 136 STAT. 3793]]
for a project under this section, including any work associated
with bridges, shall be 90 percent.''; and
(B) by adding at the end the following:
``(3) In-kind contributions.--The non-Federal interest may
provide and receive credit for in-kind contributions for a
project carried out under this section, consistent with section
221(a)(4) of the Flood Control Act of 1970 (42 U.S.C. 1962d-
5b(a)(4)).
``(4) Cash contribution not applicable.--The requirement
under section 103(a)(1)(A) of the Water Resources Development
Act of 1986 (33 U.S.C. 2213(a)(1)(A)) for a non-Federal interest
to provide 5 percent of the cost of a project carried out under
this section shall not apply with respect to the project.
``(5) <<NOTE: Time period.>> Payment options.--At the
request of the non-Federal interest for a project carried out
under this section and subject to available funding, the non-
Federal contribution for construction of the project shall be
financed in accordance with the provisions of section 103(k) of
the Water Resources Development Act of 1986 (33 U.S.C. 2213(k))
over a period of thirty years from the date of completion of the
project.''.
SEC. 8336. <<NOTE: Illinois.>> CHICAGO SHORELINE PROTECTION.
The project for storm damage reduction and shoreline erosion
protection, Lake Michigan, Illinois, from Wilmette, Illinois, to the
Illinois-Indiana State line, authorized by section 101(a)(12) of the
Water Resources Development Act of 1996 (110 Stat. 3664), is modified to
authorize the Secretary to provide 65 percent of the cost of the locally
preferred plan, as described in the Report of the Chief of Engineers,
dated April 14, 1994, for the construction of the following segments of
the project:
(1) Shoreline revetment at Morgan Shoal.
(2) Shoreline revetment at Promontory Point.
SEC. 8337. GREAT LAKES AND MISSISSIPPI RIVER INTERBASIN PROJECT,
BRANDON ROAD, WILL COUNTY, ILLINOIS.
(a) In General.--Section 402(a)(1) of the Water Resources
Development Act of 2020 (134 Stat. 2742) is amended by striking ``80
percent'' and inserting ``90 percent''.
(b) Local Cooperation Requirements.--At the request of the
applicable non-Federal interests for the project for ecosystem
restoration, Great Lakes and Mississippi River Interbasin project,
Brandon Road, Will County, Illinois, authorized by section 401(a)(5) of
the Water Resources Development Act of 2020 (134 Stat. 2740), the
Secretary shall not require such non-Federal interests to be jointly and
severally liable for all non-Federal obligations in the project
partnership agreement for the project.
SEC. 8338. SOUTHEAST DES MOINES, SOUTHWEST PLEASANT HILL, IOWA.
(a) Project Modifications.--The project for flood control and other
purposes, Red Rock Dam and Lake, Des Moines River, Iowa (referred to in
this section as the ``Red Rock Dam Project''), authorized by section 10
of the Act of December 22, 1944 (chapter 665, 58 Stat. 896), and the
project for local flood protection, Des Moines Local Flood Protection,
Des Moines River, Iowa (referred to in this section as ``Flood
Protection Project''), authorized by such section, shall be modified as
follows, subject to a new or amended
[[Page 136 STAT. 3794]]
agreement between the Secretary and the non-Federal interest for the
Flood Protection Project, the City of Des Moines, Iowa (referred to in
this section as the ``City''), in accordance with section 221 of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b):
(1) That portion of the Red Rock Dam Project consisting of
the segment of levee from Station 15+88.8W to Station 77+43.7W
shall be transferred to the Flood Protection Project.
(2) The relocated levee improvement constructed by the City,
from Station 77+43.7W to approximately Station 20+00, shall be
included in the Flood Protection Project.
(b) Federal Easement Conveyances.--
(1) In general.--The Secretary is authorized to convey the
following easements, acquired by the Federal Government for the
Red Rock Dam Project, to the City to become part of the Flood
Protection Project in accordance with subsection (a):
(A) Easements identified as Tracts 3215E-1, 3235E,
and 3227E.
(B) Easements identified as Partial Tracts 3216E-2,
3216E-3, 3217E-1, and 3217E-2.
(2) Additional conveyances authorized.--After execution of a
new or amended agreement pursuant to subsection (a) and
conveyance of the easements under paragraph (1), the Secretary
is authorized to convey the following easements, by quitclaim
deed, without consideration, acquired by the Federal Government
for the Red Rock Dam project, to the City or to the Des Moines
Metropolitan Wastewater Reclamation Authority and no longer
required for the Red Rock Dam Project or for the Des Moines
Local Flood Protection Project:
(A) Easements identified as Tracts 3200E, 3202E-1,
3202E-2, 3202E-4, 3203E-2, 3215E-3, 3216E-1, and 3216E-
5.
(B) Easements identified as Partial Tracts 3216E-2,
3216E-3, 3217E-1, and 3217E-2.
(3) Easement disposal process and fees.--All real property
interests conveyed under this subsection shall be subject to the
standard release of easement disposal process. All
administrative fees associated with the transfer of the subject
easements to the City or to the Des Moines Metropolitan
Wastewater Reclamation Authority will be borne by the
transferee.
SEC. 8339. CITY OF EL DORADO, KANSAS.
(a) In General.--The Secretary shall amend the contract described in
subsection (b) between the United States and the City of El Dorado,
Kansas, relating to storage space for water supply, to change the method
of calculation of the interest charges that began accruing on June 30,
1991, on the investment costs for the 72,087 acre-feet of future use
storage space, from compounding interest annually to charging simple
interest annually on the principal amount, until--
(1) the City of El Dorado informs the Secretary of the
desire to convert the future use storage space to present use;
and
(2) the principal amount plus the accumulated interest
becomes payable pursuant to the terms of the contract.
(b) Contract Described.--The contract referred to in subsection (a)
is the contract between the United States and the
[[Page 136 STAT. 3795]]
City of El Dorado, Kansas, for the use by the City of El Dorado of
storage space for water supply in El Dorado Lake, Kansas, entered into
on June 30, 1972, and titled Contract DACW56-72-C-0220.
SEC. 8340. ALGIERS CANAL LEVEES, LOUISIANA.
(a) In General.--In accordance with section 328 of the Water
Resources Development Act of 1999 (113 Stat. 304; 121 Stat. 1129), the
Secretary shall resume operation, maintenance, repair, rehabilitation,
and replacement of the Algiers Canal Levees, Louisiana, at full Federal
expense.
(b) Technical Amendment.--Section 328(c) of the Water Resources
Development Act of 1999 (113 Stat. 304; 121 Stat. 1129) is amended by
inserting ``described in subsection (b)'' after ``the project''.
SEC. 8341. MISSISSIPPI RIVER GULF OUTLET, LOUISIANA.
The Federal share of the cost of the project for ecosystem
restoration, Mississippi River Gulf Outlet, Louisiana, authorized by
section 7013(a)(4) of the Water Resources Development Act of 2007 (121
Stat. 1281), shall be 100 percent.
SEC. 8342. CAMP ELLIS, SACO, MAINE.
(a) In General.--The project being carried out under section 111 of
the River and Harbor Act of 1968 (33 U.S.C. 426i) for the mitigation of
shore damages attributable to the project for navigation, Camp Ellis,
Saco, Maine, is modified as follows:
(1) The maximum amount of Federal funds that may be expended
for the project shall be $45,000,000.
(2) The project may include Federal participation in
periodic nourishment.
(3) <<NOTE: Determination.>> For purposes of subsection (b)
of section 111 of the River and Harbor Act of 1968 (33 U.S.C.
426i(b)), the Secretary shall determine that the navigation
works to which the shore damages are attributable were
constructed at Federal expense.
(b) Conforming Amendment.--Section 3085 of the Water Resources
Development Act of 2007 (121 Stat. 1129), and the item relating to such
section in the table of contents for such Act, are repealed.
SEC. 8343. LOWER MISSISSIPPI RIVER COMPREHENSIVE MANAGEMENT STUDY.
Section 213 of the Water Resources Development Act of 2020 (134
Stat. 2684) is amended by adding at the end the following:
``(j) Cost Share.--The Federal share of the cost of the
comprehensive study carried out under subsection (a), and any
feasibility study carried out under subsection (e), shall be 100
percent.''.
SEC. 8344. UPPER MISSISSIPPI RIVER PROTECTION.
Section 2010 of the Water Resources Reform and Development Act of
2014 (128 Stat. 1270; 132 Stat. 3812) is amended by adding at the end
the following:
``(f) Limitation.--The Secretary shall not recommend deauthorization
of the Upper St. Anthony Falls Lock and Dam pursuant to the disposition
study carried out under subsection (d) unless the Secretary identifies a
willing and capable non-Federal public entity to assume ownership of the
Upper St. Anthony Falls Lock and Dam.
[[Page 136 STAT. 3796]]
``(g) <<NOTE: Investigation.>> Modification.--The Secretary is
authorized to investigate the feasibility of modifying, prior to
deauthorizing, the Upper St. Anthony Falls Lock and Dam to add ecosystem
restoration, including the prevention and control of invasive species,
water supply, and recreation as authorized purposes.''.
SEC. 8345. UPPER MISSISSIPPI RIVER RESTORATION PROGRAM.
Section 1103(e)(3) of the Water Resources Development Act of 1986
(33 U.S.C. 652(e)(3)) is amended by striking ``$40,000,000'' and
inserting ``$75,000,000''.
SEC. 8346. WATER LEVEL MANAGEMENT ON THE UPPER MISSISSIPPI RIVER
AND ILLINOIS WATERWAY.
(a) In General.--As part of the operation and maintenance of the
navigation channel projects on the Upper Mississippi River, including
all projects authorized for navigation of the Mississippi River from the
mouth of the Missouri River to Minneapolis, authorized by the first
section of the Act of July 3, 1930 (chapter 847, 46 Stat. 927; 49 Stat.
1034; 50 Stat. 848; 59 Stat. 19; 72 Stat. 298; 92 Stat. 1695; 95 Stat.
1634; 100 Stat. 4208; 100 Stat. 4213; 100 Stat. 4228; 102 Stat. 4027;
104 Stat. 4613; 106 Stat. 4806; 106 Stat. 4811; 110 Stat. 3716; 121
Stat. 1283; 128 Stat. 1270; 132 Stat. 3812; 134 Stat. 2704), and as part
of the operation and maintenance of the navigation channel projects on
the Illinois River, Illinois (also called the Illinois Waterway),
authorized by the first section of the Act of January 21, 1927 (chapter
47, 44 Stat. 1013; 46 Stat. 929; 49 Stat. 1035; 49 Stat. 1036; 52 Stat.
805; 59 Stat. 19; 60 Stat. 636; 72 Stat. 302; 82 Stat. 735; 100 Stat.
4208; 106 Stat. 4806; 121 Stat. 1283; 128 Stat. 1351), the Secretary is
authorized to and shall carry out water level management activities to
help redress the degrading influences of prolonged inundation or
sedimentation from such projects, and to improve the quality and
quantity of habitat available for fish and wildlife.
(b) Conditions on Drawdowns.--In carrying out subsection (a), the
Secretary shall carry out routine and systemic water level drawdowns of
the pools created by the locks and dams of the projects described in
subsection (a), including drawdowns during the growing season, when--
(1) hydrologic conditions allow the Secretary to carry out a
drawdown within applicable dam operating plans; or
(2) hydrologic conditions allow the Secretary to carry out a
drawdown and sufficient funds are available to the Secretary to
carry out any additional activities that may be required to
ensure that the drawdown does not adversely affect navigation.
(c) Coordination and Notification.--
(1) Coordination.--The Secretary shall use existing
coordination and consultation processes to regularly coordinate
and consult with other relevant Federal agencies and States
regarding the planning and assessment of water level management
actions implemented under this section.
(2) <<NOTE: Public information.>> Notification and
opportunity for comment.--Prior to carrying out any activity
under this section, the Secretary shall provide to the public
and to navigation interests and other interested stakeholders
notice and an opportunity for comment on such activity.
(d) <<NOTE: Public information. Web posting.>> Report.--Not later
than December 31, 2028, the Secretary shall make publicly available
(including on a publicly available
[[Page 136 STAT. 3797]]
website) and submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report that describes any
activity carried out under this section and the effects of such
activity.
SEC. 8347. MISSISSIPPI DELTA HEADWATERS, MISSISSIPPI.
As <<NOTE: Determination.>> part of the authority of the Secretary
to carry out the project for flood damage reduction, bank stabilization,
and sediment and erosion control, Yazoo Basin, Mississippi Delta
Headwaters, Mississippi, authorized pursuant to the matter under the
heading ``enhancement of water resource benefits and for emergency
disaster work'' in title I of Public Law 98-8 (97 Stat. 22), the
Secretary may carry out emergency maintenance activities, as the
Secretary determines to be necessary, for features of the project
completed before the date of enactment of this Act.
SEC. 8348. SENSE OF CONGRESS RELATING TO OKATIBBEE LAKE,
MISSISSIPPI.
It is the sense of Congress that--
(1) there is significant shoreline sloughing and erosion at
the Okatibbee Lake portion of the project for flood protection,
Chunky Creek, Chickasawhay and Pascagoula Rivers, Mississippi,
authorized by section 203 of the Flood Control Act of 1962 (76
Stat. 1183), which has the potential to impact infrastructure,
damage property, and put lives at risk; and
(2) addressing shoreline sloughing and erosion at a project
of the Secretary, including at a location leased by non-Federal
entities such as Okatibbee Lake, is an activity that is eligible
to be carried out by the Secretary as part of the operation and
maintenance of such project.
SEC. 8349. ARGENTINE, EAST BOTTOMS, FAIRFAX-JERSEY CREEK, AND
NORTH KANSAS LEVEES UNITS, MISSOURI
RIVER AND TRIBUTARIES AT KANSAS CITIES,
MISSOURI AND KANSAS.
(a) In General.--The project for flood control, Kansas Citys on
Missouri and Kansas Rivers in Missouri and Kansas, authorized by section
5 of the Act of June 22, 1936 Flood Control Act of 1936 (chapter 688, 49
Stat. 1588; 58 Stat. 897; 121 Stat. 1054) is modified to direct the
Secretary to--
(1) <<NOTE: Determination.>> construct access manholes, or
other features, in the Fairfax portion of such project to allow
for regular inspection of project features if the Secretary
determines that such work is--
(A) not required as a result of improper operation
and maintenance of the project by the nonFederal
interest; and
(B) technically feasible and environmentally
acceptable; and
(2) <<NOTE: Plan.>> plan, design, and carry out the
construction described in paragraph (1) as a continuation of the
construction of such project.
(b) Cost Sharing.--The Federal share of the cost of planning,
design, and construction of access manholes or other features under this
section shall be 90 percent.
[[Page 136 STAT. 3798]]
SEC. 8350. LOWER MISSOURI RIVER STREAMBANK EROSION CONTROL
EVALUATION AND DEMONSTRATION PROJECTS.
(a) <<NOTE: Contracts.>> In General.--The Secretary is authorized to
carry out streambank erosion control evaluation and demonstration
projects in the Lower Missouri River through contracts with non-Federal
interests, including projects for streambank protection and
stabilization.
(b) Area.--The Secretary shall carry out demonstration projects
under this section on the reach of the Missouri River between Sioux
City, Iowa, and the confluence of the Missouri River and the Mississippi
River.
(c) Requirements.--In carrying out subsection (a), the Secretary
shall--
(1) conduct an evaluation of the extent of streambank
erosion on the Lower Missouri River; and
(2) develop new methods and techniques for streambank
protection, research soil stability, and identify the causes of
erosion.
(d) <<NOTE: Recommenda- tions.>> Report.--Not later than 1 year
after the date of enactment of this Act, the Secretary shall submit to
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of the
Senate a report describing the results of the demonstration projects
carried out under this section, including any recommendations for
methods to prevent and correct streambank erosion.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $15,000,000, to remain available
until expended.
(f) Sunset.--The authority of the Secretary to enter into contracts
under subsection (a) shall expire on the date that is 5 years after the
date of enactment of this Act.
SEC. 8351. MISSOURI RIVER INTERCEPTION-REARING COMPLEXES.
(a) In General.--Notwithstanding section 129 of the Water Resources
Development Act of 2020 (134 Stat. 2643), and subject to subsection (b),
the Secretary is authorized to carry out the construction of an
interception-rearing complex at each of Plowboy Bend A (River Mile:
174.5 to 173.2) and Pelican Bend B (River Mile: 15.8 to 13.4) on the
Missouri River.
(b) Analysis and Mitigation of Risk.--
(1) Analysis.--Prior to construction of the interception-
rearing complexes under subsection (a), the Secretary shall
perform an analysis to identify whether the interception-rearing
complexes will--
(A) contribute to an increased risk of flooding to
adjacent lands and properties, including local levees;
(B) affect the navigation channel, including
crossflows, velocity, channel depth, and channel width;
(C) affect the harvesting of sand;
(D) affect ports and harbors; or
(E) contribute to bank erosion on adjacent private
lands.
(2) Mitigation.--The Secretary may not construct an
interception-rearing complex under subsection (a) until the
Secretary successfully mitigates any effects described in
paragraph (1) with respect to such interception-rearing complex.
[[Page 136 STAT. 3799]]
(c) Report.--Not later than 1 year after completion of the
construction of the interception-rearing complexes under subsection (a),
the Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report describing the
extent to which the construction of such interception-rearing complexes
affected the population recovery of pallid sturgeon in the Missouri
River.
(d) Conforming Amendment.--Section 129(b) of the Water Resources
Development Act of 2020 (134 Stat. 2643) is amended by redesignating
paragraphs (2) and (3) as paragraphs (3) and (4), respectively, and
inserting after paragraph (1) the following:
``(2) submits the report required by section 318(c) of the
Water Resources Development Act of 2022;''.
SEC. 8352. MISSOURI RIVER MITIGATION PROJECT, MISSOURI, KANSAS,
IOWA, AND NEBRASKA.
(a) Use of Other Funds.--
(1) In general.--Section 334 of the Water Resources
Development Act of 1999 (113 Stat. 306) is amended by adding at
the end the following:
``(c) Use of Other Funds.--
``(1) <<NOTE: Consultation. Determination.>> In general.--
The Secretary shall consult with other Federal agencies to
determine if lands or interests in lands acquired by such other
Federal agencies--
``(A) meet the purposes of the Missouri River
Mitigation Project, Missouri, Kansas, Iowa, and
Nebraska, authorized by section 601(a) of the Water
Resources Development Act of 1986 (100 Stat. 4143; 113
Stat. 306; 121 Stat. 1155); and
``(B) whether such lands are restricted by such
other Federal agencies from being applied toward the
total number of acres required under subsection (a).
``(2) Application of lands.--Upon making a determination
under paragraph (1) that lands or interests in lands acquired by
a Federal agency meet the purposes of the project described in
paragraph (1)(A) and that such lands are not otherwise
restricted, the Secretary shall apply the lands or interests in
lands acquired toward the total number of acres required under
subsection (a), regardless of the source of the Federal funds
used to acquire such lands or interests in lands.
``(3) Savings provision.--Nothing in this subsection
authorizes any transfer of administrative jurisdiction over any
lands or interests in lands acquired by a Federal agency that
are applied toward the total number of acres required under
subsection (a) pursuant to this subsection.''.
(2) Report required.--
(A) In general.--Not later than 180 days after the
enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on
Environment and Public Works of the Senate a report
identifying the lands or interests in lands acquired
with Federal funds that the Secretary determines,
pursuant to section 344(c)(1) of the Water Resources
Development Act of 1999, meet the purposes of the
Missouri River Mitigation Project, Missouri, Kansas,
Iowa, and Nebraska, authorized by section
[[Page 136 STAT. 3800]]
601(a) of the Water Resources Development Act of 1986
(100 Stat. 4143; 113 Stat. 306; 121 Stat. 1155).
(B) <<NOTE: Determination.>> Contents.--The
Secretary shall include in the report submitted under
subparagraph (A) a justification for any lands or
interests in lands acquired with Federal funding that
the Secretary determines will not be applied toward the
total number of acres required under section 334(a) of
the Water Resources Development Act of 1999 (113 Stat.
306).
(b) Flood Risk Management Benefits.--The project for mitigation of
fish and wildlife losses, Missouri River Bank Stabilization and
Navigation Project, Missouri, Kansas, Iowa, and Nebraska, authorized by
section 601(a) of the Water Resources Development Act of 1986 (100 Stat.
4143; 113 Stat. 306; 121 Stat. 1155), is modified to authorize the
Secretary to consider incidental flood risk management benefits when
acquiring land for the project.
SEC. 8353. NORTHERN MISSOURI.
(a) Establishment of Program.--The Secretary may establish a program
to provide environmental assistance to non-Federal interests in northern
Missouri.
(b) Form of Assistance.--Assistance provided under this section may
be in the form of design and construction assistance for water-related
environmental infrastructure and resource protection and development
projects in northern Missouri, including projects for wastewater
treatment and related facilities, water supply and related facilities,
environmental restoration, and surface water resource protection and
development.
(c) Ownership Requirement.--The Secretary may provide assistance for
a project under this section only if the project is publicly owned.
(d) <<NOTE: Contracts.>> Partnership Agreements.--
(1) In general.--Before providing assistance under this
section to a non-Federal interest, the Secretary shall enter
into a partnership agreement under section 221 of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b) with the non-Federal
interest with respect to the project to be carried out with such
assistance.
(2) Requirements.--Each partnership agreement for a project
entered into under this subsection shall provide for the
following:
(A) <<NOTE: Plans.>> Development by the Secretary,
in consultation with appropriate Federal and State
officials, of a facilities or resource protection and
development plan, including appropriate engineering
plans and specifications.
(B) Establishment of such legal and institutional
structures as are necessary to ensure the effective
long-term operation of the project by the non-Federal
interest.
(3) Cost sharing.--
(A) In general.--The Federal share of the cost of a
project carried out under this section--
(i) shall be 75 percent; and
(ii) may be provided in the form of grants or
reimbursements of project costs.
(B) Credit for interest.--In case of a delay in the
funding of the Federal share of a project that is the
subject of a partnership agreement under this section,
the non-
[[Page 136 STAT. 3801]]
Federal interest shall receive credit for reasonable
interest incurred in providing the non-Federal share of
the project cost.
(C) Credit for land, easements, and rights-of-way.--
Notwithstanding section 221(a)(4)(G) of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)(G)), the
non-Federal interest shall receive credit for land,
easements, rights-of-way, and relocations toward the
non-Federal share of project cost (including all
reasonable costs associated with obtaining permits
necessary for the construction, operation, and
maintenance of the project on publicly owned or
controlled land), but such credit may not exceed 25
percent of total project costs.
(D) Operation and maintenance.--The non-Federal
share of operation and maintenance costs for projects
constructed with assistance provided under this section
shall be 100 percent.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$50,000,000 to carry out this section.
(2) Corps of engineers expenses.--Not more than 10 percent
of the amounts made available to carry out this section may be
used by the Corps of Engineers district offices to administer
projects under this section at Federal expense.
(f) Northern Missouri Defined.--In this section, the term ``northern
Missouri'' means the counties of Buchanan, Marion, Platte, and Clay,
Missouri.
SEC. 8354. ISRAEL RIVER, LANCASTER, NEW HAMPSHIRE.
<<NOTE: Termination date.>> The project for flood control, Israel
River, Lancaster, New Hampshire, carried out under section 205 of the
Flood Control Act of 1948 (33 U.S.C. 701s), is no longer authorized
beginning on the date of enactment of this Act.
SEC. 8355. MIDDLE RIO GRANDE FLOOD PROTECTION, BERNALILLO TO
BELEN, NEW MEXICO.
The non-Federal share of the cost of the project for flood risk
management, Middle Rio Grande, Bernalillo to Belen, New Mexico,
authorized by section 401(2) of the Water Resources Development Act of
2020 (134 Stat. 2735), shall be 25 percent.
SEC. 8356. ECOSYSTEM RESTORATION, HUDSON-RARITAN ESTUARY, NEW YORK
AND NEW JERSEY.
(a) <<NOTE: Studies. Examination.>> In General.--The Secretary may
carry out additional feasibility studies for the project ecosystem
restoration, Hudson-Raritan Estuary, New York and New Jersey, authorized
by section 401(5) of the Water Resources Development Act of 2020 (134
Stat. 2739), including an examination of measures and alternatives at
Baisley Pond Park and the Richmond Terrace Wetlands.
(b) Treatment.--A feasibility study carried out under subsection (a)
shall be considered a continuation of the study that formulated the
project for ecosystem restoration, Hudson-Raritan Estuary, New York and
New Jersey, authorized by section 401(5) of the Water Resources
Development Act of 2020 (134 Stat. 2740).
[[Page 136 STAT. 3802]]
SEC. 8357. ARKANSAS RIVER CORRIDOR, OKLAHOMA.
Section 3132 of the Water Resources Development Act of 2007 (121
Stat. 1141) is amended by striking subsection (b) and inserting the
following:
``(b) Authorized Cost.--The Secretary is authorized to carry out
construction of projects under this section at a total cost of
$128,400,000, with the cost shared in accordance with section 103 of the
Water Resources Development Act of 1986 (33 U.S.C. 2213).
``(c) Additional Feasibility Studies Authorized.--
``(1) <<NOTE: Recommenda- tions.>> In general.--The
Secretary is authorized to carry out feasibility studies for
purposes of recommending to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives additional
projects under this section.
``(2) Treatment.--An additional feasibility study carried
out under this subsection shall be considered a continuation of
the feasibility study that formulated any project carried out
under subsection (a).''.
SEC. 8358. <<NOTE: Contracts.>> COPAN LAKE, OKLAHOMA.
(a) In General.--The Secretary shall amend the contract described in
subsection (c) between the United States and the Copan Public Works
Authority, relating to the use of storage space for water supply in
Copan Lake, Oklahoma, to--
(1) release to the United States all rights of the Copan
Public Works Authority to utilize 4,750 acre-feet of future use
water storage space; and
(2) relieve the Copan Public Works Authority from all
financial obligations, to include the initial project investment
costs and the accumulated interest on unpaid project investment
costs, for the volume of water storage space described in
paragraph (1).
(b) <<NOTE: Time period.>> Requirement.--During the 2-year period
beginning on the effective date of the contract amendment under
subsection (a), the Secretary shall--
(1) provide the City of Bartlesville, Oklahoma, with the
right of first refusal to contract for the utilization of
storage space for water supply for any portion of the storage
space that was released by the Authority under subsection (a);
and
(2) ensure that the City of Bartlesville, Oklahoma, shall
not pay more than 110 percent of the initial project investment
cost per acre-foot of storage for the acre-feet of storage space
sought under an agreement under paragraph (1).
(c) Contract Described.--The contract referred to in subsection (a)
is the contract between the United States and the Copan Public Works
Authority for the use of storage space for water supply in Copan Lake,
Oklahoma, entered into on June 22, 1981, and titled Contract DACW56-81-
C-0114.
SEC. 8359. SOUTHWESTERN OREGON.
(a) Establishment of Program.--The Secretary may establish a program
to provide environmental assistance to non-Federal interests in
southwestern Oregon.
(b) Form of Assistance.--Assistance provided under this section may
be in the form of design and construction assistance
[[Page 136 STAT. 3803]]
for water-related environmental infrastructure and resource protection
and development projects in southwestern Oregon, including projects for
wastewater treatment and related facilities, water supply and related
facilities, environmental restoration, and surface water resource
protection and development.
(c) Ownership Requirement.--The Secretary may provide assistance for
a project under this section only if the project is publicly owned.
(d) <<NOTE: Contracts.>> Partnership Agreements.--
(1) In general.--Before providing assistance under this
section to a non-Federal interest, the Secretary shall enter
into a partnership agreement under section 221 of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b) with the non-Federal
interest with respect to the project to be carried out with such
assistance.
(2) Requirements.--Each partnership agreement for a project
entered into under this subsection shall provide for the
following:
(A) <<NOTE: Plans.>> Development by the Secretary,
in consultation with appropriate Federal and State
officials, of a facilities or resource protection and
development plan, including appropriate engineering
plans and specifications.
(B) Establishment of such legal and institutional
structures as are necessary to ensure the effective
long-term operation of the project by the non-Federal
interest.
(3) Cost sharing.--
(A) In general.--The Federal share of the cost of a
project carried out under this section--
(i) shall be 75 percent; and
(ii) may be provided in the form of grants or
reimbursements of project costs.
(B) Credit for interest.--In case of a delay in the
funding of the Federal share of a project that is the
subject of a partnership agreement under this section,
the non-Federal interest shall receive credit for
reasonable interest incurred in providing the non-
Federal share of the project cost.
(C) Credit for land, easements, and rights-of-way.--
Notwithstanding section 221(a)(4)(G) of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)(G)), the
non-Federal interest shall receive credit for land,
easements, rights-of-way, and relocations toward the
non-Federal share of project cost (including all
reasonable costs associated with obtaining permits
necessary for the construction, operation, and
maintenance of the project on publicly owned or
controlled land), but such credit may not exceed 25
percent of total project costs.
(D) Operation and maintenance.--The non-Federal
share of operation and maintenance costs for projects
constructed with assistance provided under this section
shall be 100 percent.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$50,000,000 to carry out this section.
(2) Corps of engineers expense.--Not more than 10 percent of
the amounts made available to carry out this section
[[Page 136 STAT. 3804]]
may be used by the Corps of Engineers district offices to
administer projects under this section at Federal expense.
(f) Southwestern Oregon Defined.--In this section, the term
``southwestern Oregon'' means the counties of Benton, Coos, Curry,
Douglas, Lane, Linn, and Josephine, Oregon.
SEC. 8360. YAQUINA RIVER, OREGON.
The Secretary shall not require the non-Federal interest for the
project for navigation, Yaquina River, Oregon, authorized by the first
section of the Act of March 4, 1913 (chapter 144, 37 Stat. 819), to--
(1) provide a floating plant to the United States for use in
maintaining the project; or
(2) <<NOTE: Determination.>> provide funds in an amount
determined by the Secretary to be equivalent to the value of the
floating plant as a non-Federal contribution to the cost of
maintaining the project.
SEC. 8361. LOWER BLACKSTONE RIVER, RHODE ISLAND.
The project being carried out under section 206 of the Water
Resources Development Act of 1996 (33 U.S.C. 2330) for ecosystem
restoration, Lower Blackstone River, Rhode Island, is modified as
follows:
(1) The maximum amount of Federal funds that may be expended
for the project shall be $15,000,000.
(2) <<NOTE: Contracts.>> If the Secretary includes in the
project a measure on Federal land under the jurisdiction of
another Federal agency, the Secretary may enter into an
agreement with such agency that grants permission for the
Secretary to--
(A) construct the measure on the land under the
jurisdiction of such agency; and
(B) operate and maintain the measure using funds
provided to the Secretary by the non-Federal interest
for the project.
(3) If the Secretary includes in the project a measure for
fish passage at a dam licensed for hydropower, the Secretary
shall include in the project costs all costs for such measure,
except that those costs that are in excess of the costs to
provide fish passage at the dam if hydropower improvements were
not in place shall be at 100 percent non-Federal expense.
SEC. 8362. CHARLESTON HARBOR, SOUTH CAROLINA.
The <<NOTE: Reimbursement.>> Secretary shall reimburse the non-
Federal interest for project for navigation, Charleston Harbor, South
Carolina, authorized by section 1401(1) of the Water Resources
Development Act of 2016 (130 Stat. 1708), for advanced funds provided by
the non-Federal interest for construction of the project that exceed the
non-Federal share of the cost of construction of the project as soon as
practicable after the completion of each individual contract for the
project.
SEC. 8363. COLLETON COUNTY, SOUTH CAROLINA.
Notwithstanding subparagraph (C)(i) of section 221(a)(4) of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)), the non-Federal
interest for the project for hurricane and storm damage risk reduction,
Colleton County, South Carolina, authorized by section 1401(3) of the
Water Resources Development Act of 2016 (130 Stat. 1711), may receive
credit under subparagraph (A) of such
[[Page 136 STAT. 3805]]
section 221(a)(4) for the cost of construction carried out before the
date of enactment of this Act.
SEC. 8364. ENSLEY LEVEE, TENNESSEE.
(a) In General.--Section 353(b)(1) of the Water Resources
Development Act of 2020 (134 Stat. 2721) is amended by striking ``and
Nonconnah Creek'' and inserting ``, Nonconnah Creek, and Ensley''.
(b) Resumption of Maintenance.--The Secretary shall resume operation
and maintenance of Ensley levee system portion of the project described
in the modification made by subsection (a) pursuant to the requirements
of section 353(b)(1) of the Water Resources Development Act of 2020 (134
Stat. 2721).
SEC. 8365. WOLF RIVER HARBOR, TENNESSEE.
Beginning <<NOTE: Effective date.>> on the date of enactment of this
Act, the project for navigation, Wolf River Harbor, Tennessee,
authorized by section 202 of the National Industrial Recovery Act (48
Stat. 201; 49 Stat. 1034; 72 Stat. 308), is modified to reduce, in part,
the authorized dimensions of the project, such that the remaining
authorized dimensions are as follows:
(1) A 250-foot-wide, 9-foot-depth channel with a center line
beginning at an approximate point of 35.139634, -90.062343 and
extending approximately 1,300 feet to an approximate point of
35.142077, -90.059107.
(2) A 200-foot-wide, 9-foot-depth channel with a center line
beginning at an approximate point of 35.142077, -90.059107 and
extending approximately 1,800 feet to an approximate point of
35.1467861, -90.057003.
(3) A 250-foot-wide, 9-foot-depth channel with a center line
beginning at an approximate point of 35.1467861, -90.057003 and
extending approximately 5,550 feet to an approximate point of
35.160848, -90.050566.
SEC. 8366. ADDICKS AND BARKER RESERVOIRS, TEXAS.
The Secretary is authorized to provide, pursuant to section 206 of
the Flood Control Act of 1960 (33 U.S.C. 709a), information and advice
to non-Federal interests on the removal of sediment obstructing inflow
channels to the Addicks and Barker Reservoirs, authorized pursuant to
the project for Buffalo Bayou and its tributaries, Texas, under section
3a of the Act of August 11, 1939 (chapter 699, 53 Stat. 1414; 68 Stat.
1258).
SEC. 8367. NORTH PADRE ISLAND, CORPUS CHRISTI BAY, TEXAS.
The project for ecosystem restoration, North Padre Island, Corpus
Christi Bay, Texas, authorized under section 556 of the Water Resources
Development Act of 1999 (113 Stat. 353), shall not be eligible for
repair and restoration assistance under section 5(a) of the Act of
August 18, 1941 (33 U.S.C. 701n(a)).
SEC. 8368. <<NOTE: Determinations.>> NUECES COUNTY, TEXAS.
(a) In General.--Upon receipt of a written request from the owner of
land subject to a covered easement, the Secretary shall, without
consideration, release or otherwise convey the covered easement to the
holder of such easement, if the Secretary determines that the covered
easement is no longer required for purposes of navigation.
[[Page 136 STAT. 3806]]
(b) Survey To Obtain Legal Description.--The exact acreage and legal
description of any covered easements to be released or otherwise
conveyed under this section shall be determined by a survey that is
satisfactory to the Secretary.
(c) Costs.--An entity to which a release or conveyance is made under
this section shall be responsible for all reasonable and necessary
costs, including real estate transaction and environmental documentation
costs, associated with the release or conveyance.
(d) Additional Terms and Conditions.--The Secretary may require that
the release or conveyance of a covered easement under this section be
subject to such additional terms and conditions as the Secretary
determines necessary and appropriate to protect the interests of the
United States.
(e) Definition of Covered Easement.--In this subsection, the term
``covered easement'' means an easement held by the United States for
purposes of navigation in Nueces County, Texas.
SEC. 8369. <<NOTE: Study.>> LAKE CHAMPLAIN CANAL, VERMONT AND NEW
YORK.
Section 5146 of the Water Resources Development Act of 2007 (121
Stat. 1255) is amended by adding at the end the following:
``(c) Clarifications.--
``(1) In general.--At the request of the non-Federal
interest for the study of the Lake Champlain Canal Aquatic
Invasive Species Barrier carried out under section 542 of the
Water Resources Development Act of 2000 (114 Stat. 2671; 121
Stat. 1150; 134 Stat. 2652), the Secretary shall scope the phase
II portion of such study to satisfy the feasibility
determination under subsection (a).
``(2) Dispersal barrier.--A dispersal barrier constructed,
maintained, or operated under this section may include--
``(A) physical hydrologic separation;
``(B) nonstructural measures;
``(C) deployment of technologies; and
``(D) buffer zones.''.
SEC. 8370. <<NOTE: Vermont.>> REHABILITATION OF CORPS OF ENGINEERS
CONSTRUCTED DAMS.
Section 1177 of the Water Resources Development Act of 2016 (33
U.S.C. 467f-2 note) is amended by adding at the end the following:
``(g) Special Rule.--Notwithstanding subsection (c), the non-Federal
share of the cost of the project for rehabilitation of Waterbury Dam,
Washington County, Vermont, under this section, including the cost of
any required study, shall be the same share assigned to the non-Federal
interest for the cost of initial construction of the Waterbury Dam.''.
SEC. 8371. PUGET SOUND NEARSHORE ECOSYSTEM RESTORATION,
WASHINGTON.
In carrying out the project for ecosystem restoration, Puget Sound,
Washington, authorized by section 1401(4) of the Water Resources
Development Act of 2016 (130 Stat. 1713), the Secretary shall consider
the removal and replacement of the Highway 101 causeway and bridges at
the Duckabush River Estuary site to be a project feature the costs of
which are shared as construction.
[[Page 136 STAT. 3807]]
SEC. 8372. LOWER MUD RIVER, MILTON, WEST VIRGINIA.
(a) In General.--The Federal share of the cost of the project for
flood control, Milton, West Virginia, authorized by section 580 of the
Water Resources Development Act of 1996 (110 Stat. 3790; 114 Stat. 2612;
121 Stat. 1154), shall be 90 percent.
(b) Land, Easements, and Rights-of-Way.--For the project described
in subsection (a), the Secretary shall include in the cost of the
project, and credit toward the non-Federal share of that cost, the value
of land, easements, and rights-of-way provided by the non-Federal
interest for the project, including the value of land, easements, and
rights-of-way required for the project that are owned or held by the
non-Federal interest or other non-Federal public body.
(c) Additional Eligibility.--Unless otherwise explicitly prohibited
in an Act making appropriations for the Corps of Engineers, the project
described in subsection (a) shall be eligible for additional funding
appropriated and deposited into the ``corps of engineers--civil--
construction'' account--
(1) without a new investment decision; and
(2) on the same terms as a project that is not the project
described in subsection (a).
SEC. 8373. NORTHERN WEST VIRGINIA.
(a) In General.--Section 571 of the Water Resources Development Act
of 1999 (113 Stat. 371; 121 Stat. 1257; 134 Stat. 2719) is amended--
(1) in the section heading, by striking ``central'' and
inserting ``northern'';
(2) by striking subsection (a) and inserting the following:
``(a) Definition of Northern West Virginia.--In this section, the
term `northern West Virginia' means the counties of Barbour, Berkeley,
Brooke, Doddridge, Grant, Hampshire, Hancock, Hardy, Harrison,
Jefferson, Lewis, Marion, Marshall, Mineral, Morgan, Monongalia, Ohio,
Pleasants, Preston, Randolph, Ritchie, Taylor, Tucker, Tyler, Upshur,
Wetzel, and Wood, West Virginia.'';
(3) in subsection (b), by striking ``central'' and inserting
``northern'';
(4) in subsection (c), by striking ``central'' and inserting
``northern''; and
(5) in subsection (h), by striking ``$100,000,000'' and
inserting ``$120,000,000''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Water Resources Development Act of 1999 (113 Stat. 269) is amended
by striking the item relating to section 571 and inserting the
following:
``Sec. 571. Northern West Virginia.''.
SEC. 8374. SOUTHERN WEST VIRGINIA.
(a) In General.--Section 340 of the Water Resources Development Act
of 1992 (106 Stat. 4856) is amended--
(1) in the section heading, by striking ``environmental
restoration infrastructure and resource protection development
pilot program'';
(2) by striking subsection (f) and inserting the following:
``(f) Definition of Southern West Virginia.--In this section, the
term `southern West Virginia' means the counties of Boone,
[[Page 136 STAT. 3808]]
Braxton, Cabell, Calhoun, Clay, Fayette, Gilmer, Greenbrier, Jackson,
Kanawha, Lincoln, Logan, Mason, McDowell, Mercer, Mingo, Monroe,
Nicholas, Pendleton, Pocahontas, Putnam, Raleigh, Roane, Summers, Wayne,
Webster, Wirt, and Wyoming, West Virginia.''; and
(3) in subsection (g), by striking ``$120,000,000'' and
inserting ``$140,000,000''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Water Resources Development Act of 1992 (106 Stat. 4797) is amended
by striking the item relating to section 340 and inserting the
following:
``Sec. 340. Southern West Virginia.''.
SEC. 8375. ENVIRONMENTAL INFRASTRUCTURE.
(a) New Projects.--Section 219(f) of the Water Resources Development
Act of 1992 (106 Stat. 4835; 113 Stat. 336; 121 Stat. 1258) is amended
by adding at the end the following:
``(274) Alabama.--$50,000,000 for water, wastewater, and
other environmental infrastructure in Alabama.
``(275) Chandler, arizona.--$18,750,000 for water and
wastewater infrastructure in the city of Chandler, Arizona.
``(276) Pinal county, arizona.--$40,000,000 for water and
wastewater infrastructure in Pinal County, Arizona.
``(277) Tempe, arizona.--$37,500,000 for water and
wastewater infrastructure, including water reclamation and
groundwater recharge, for the City of Tempe, Arizona.
``(278) Alameda county, california.--$20,000,000 for
environmental infrastructure, in Alameda County, California.
``(279) Bell gardens, california.--$12,500,000 for water and
wastewater infrastructure, including water recycling and water
supply, in the city of Bell Gardens, California.
``(280) Calimesa, california.--$3,500,000 for stormwater
management and water supply infrastructure, including
groundwater recharge and water recycling, in the city of
Calimesa, California.
``(281) Compton creek, california.--$6,165,000 for
stormwater management infrastructure in the vicinity of Compton
Creek, city of Compton, California.
``(282) Downey, california.--$100,000,000 for water
infrastructure, including water supply, in the city of Downey,
California.
``(283) East county, san diego county, california.--
$70,000,000 for water and wastewater infrastructure, including
water recycling and water supply, in East County, San Diego
County, California.
``(284) Eastern los angeles county, california.--$25,000,000
for the planning, design, and construction of water and
wastewater infrastructure, including water recycling and water
supply, for the cities of Azusa, Baldwin Park, Covina, Duarte,
El Monte, Glendora, Industry, Irwindale, La Puente, La Verne,
Monrovia, San Dimas, and West Covina, and for Avocado Heights,
Bassett, and Valinda, California.
``(285) Escondido creek, california.--$34,000,000 for water
and wastewater infrastructure, including stormwater management,
in the vicinity of Escondido Creek, city of Escondido,
California.
[[Page 136 STAT. 3809]]
``(286) Fontana, california.--$16,000,000 for stormwater
management infrastructure in the city of Fontana, California.
``(287) Healdsburg, california.--$23,500,000 for water and
wastewater infrastructure, including water recycling and water
supply, in the city of Healdsburg, California.
``(288) Inland empire, california.--$60,000,000 for water
and wastewater infrastructure, including water supply, in
Riverside County and San Bernardino County, California.
``(289) Lomita, california.--$4,716,600 for stormwater
management infrastructure in the city of Lomita, California.
``(290) Marin county, california.--$28,000,000 for water and
wastewater infrastructure, including water supply, in Marin
County, California.
``(291) Maywood, california.--$10,000,000 for wastewater
infrastructure in the city of Maywood, California.
``(292) Monterey peninsula, california.--$20,000,000 for
water and wastewater infrastructure, and water supply, on the
Monterey Peninsula, California.
``(293) North richmond, california.--$45,000,000 for water
and wastewater infrastructure, including coastal flooding
resilience measures for such infrastructure, in North Richmond,
California.
``(294) Ontario, california.--$40,700,000 for water and
wastewater infrastructure, including water recycling and water
supply, in the city of Ontario, California.
``(295) Paramount, california.--$20,000,000 for water and
wastewater infrastructure, including stormwater management, in
the city of Paramount, California.
``(296) Petaluma, california.--$13,700,000 for water and
wastewater infrastructure, including water recycling, in the
city of Petaluma, California.
``(297) Placer county, california.--$21,000,000 for
environmental infrastructure, in Placer County, California.
``(298) Rialto, california.--$27,500,000 for wastewater
infrastructure in the city of Rialto, California.
``(299) Rincon reservation, california.--$38,000,000 for
water and wastewater infrastructure on the Rincon Band of
Luiseno Indians reservation, California.
``(300) Sacramento-san joaquin delta, california.--
$50,000,000 for water and wastewater infrastructure (including
stormwater management), water supply and related facilities,
environmental restoration, and surface water protection and
development, including flooding resilience measures for such
infrastructure, in Contra Costa County, San Joaquin County,
Solano County, Sacramento County, and Yolo County, California.
``(301) San joaquin and stanislaus, california.--
$200,000,000 for water and wastewater infrastructure, including
stormwater management, and water supply, in San Joaquin County
and Stanislaus County, California.
``(302) Santa rosa, california.--$19,400,000 for water and
wastewater infrastructure, in the city of Santa Rosa California.
``(303) Sierra madre, california.--$20,000,000 for water and
wastewater infrastructure, and water supply, including
earthquake resilience measures for such infrastructure and water
supply, in the city of Sierra Madre, California.
[[Page 136 STAT. 3810]]
``(304) Smith river, california.--$25,000,000 for wastewater
infrastructure in Howonquet Village and Resort and Tolowa Dee-
ni' Nation, Smith River, California.
``(305) South san francisco, california.--$270,000,000 for
water and wastewater infrastructure, including stormwater
management and water recycling, at the San Francisco
International Airport, California.
``(306) Temecula, california.--$18,000,000 for environmental
infrastructure, in the city of Temecula, California.
``(307) Torrance, california.--$100,000,000 for water and
wastewater infrastructure, including groundwater recharge and
water supply, in the city of Torrance, California.
``(308) Western contra costa county, california.--
$15,000,000 for wastewater infrastructure in the cities of
Pinole, San Pablo, and Richmond, and in El Sobrante, California.
``(309) Yolo county, california.--$6,000,000 for
environmental infrastructure, in Yolo County, California.
``(310) Hebron, connecticut.--$3,700,000 for water and
wastewater infrastructure in the town of Hebron, Connecticut.
``(311) New london, connecticut.--$16,000,000 for wastewater
infrastructure in the town of Bozrah and the City of Norwich,
Connecticut.
``(312) Windham, connecticut.--$18,000,000 for water and
wastewater infrastructure in the town of Windham, Connecticut.
``(313) Kent, delaware.--$35,000,000 for water and
wastewater infrastructure, including stormwater management,
water storage and treatment systems, and environmental
restoration, in Kent County, Delaware.
``(314) New castle, delaware.--$35,000,000 for water and
wastewater infrastructure, including stormwater management,
water storage and treatment systems, and environmental
restoration, in New Castle County, Delaware.
``(315) Sussex, delaware.--$35,000,000 for water and
wastewater infrastructure, including stormwater management,
water storage and treatment systems, and environmental
restoration, in Sussex County, Delaware.
``(316) Washington, district of columbia.--$1,000,000 for
water and wastewater infrastructure, including stormwater
management, in Washington, District of Columbia.
``(317) Longboat key, florida.--$12,750,000 for water and
wastewater infrastructure in the town of Longboat Key, Florida.
``(318) Martin, st. lucie, and palm beach counties,
florida.--$100,000,000 for water and wastewater infrastructure,
including stormwater management, to improve water quality in the
St. Lucie River, Indian River Lagoon, and Lake Worth Lagoon in
Martin County, St. Lucie County, and Palm Beach County, Florida.
``(319) Polk county, florida.--$10,000,000 for wastewater
infrastructure, including stormwater management, in Polk County,
Florida.
``(320) Okeechobee county, florida.--$20,000,000 for
wastewater infrastructure in Okeechobee County, Florida.
``(321) Orange county, florida.--$50,000,000 for water and
wastewater infrastructure, including water reclamation and water
supply, in Orange County, Florida.
[[Page 136 STAT. 3811]]
``(322) Georgia.--$75,000,000 for environmental
infrastructure in Baldwin County, Bartow County, Floyd County,
Haralson County, Jones County, Gilmer County, Towns County,
Warren County, Lamar County, Lowndes County, Troup County,
Madison County, Toombs County, Dade County, Bulloch County,
Gordon County, Walker County, Dooly County, Butts County, Clarke
County, Crisp County, Newton County, Bibb County, Baker County,
Barrow County, Oglethorpe County, Peach County, Brooks County,
Carroll County, Worth County, Jenkins County, Wheeler County,
Calhoun County, Randolph County, Wilcox County, Stewart County,
Telfair County, Clinch County, Hancock County, Ben Hill County,
Jeff Davis County, Chattooga County, Lanier County, Brantley
County, Charlton County, Tattnall County, Emanuel County,
Mitchell County, Turner County, Bacon County, Terrell County,
Macon County, Ware County, Bleckley County, Colquitt County,
Washington County, Berrien County, Coffee County, Pulaski
County, Cook County, Atkinson County, Candler County, Taliaferro
County, Evans County, Johnson County, Irwin County, Dodge
County, Jefferson County, Appling County, Taylor County, Wayne
County, Clayton County, Decatur County, Schley County, Sumter
County, Early County, Webster County, Clay County, Upson County,
Long County, Twiggs County, Dougherty County, Quitman County,
Meriwether County, Stephens County, Wilkinson County, Murray
County, Wilkes County, Elbert County, McDuffie County, Heard
County, Marion County, Talbot County, Laurens County, Montgomery
County, Echols County, Pierce County, Richmond County,
Chattahoochee County, Screven County, Habersham County, Lincoln
County, Burke County, Liberty County, Tift County, Polk County,
Glascock County, Grady County, Jasper County, Banks County,
Franklin County, Whitfield County, Treutlen County, Crawford
County, and Hart County, Georgia.
``(323) Guam.--$10,000,000 for water and wastewater
infrastructure in Guam.
``(324) State of hawaii.--$75,000,000 for water and
wastewater infrastructure (including urban stormwater
conveyance), resource protection and development, water supply,
environmental restoration, and surface water protection and
development, in the State of Hawaii.
``(325) County of hawai`i, hawaii.--$20,000,000 for water
and wastewater infrastructure, including stormwater management,
in the County of Hawai`i, Hawaii.
``(326) Honolulu, hawaii.--$20,000,000 for water and
wastewater infrastructure, including stormwater management, in
the City and County of Honolulu, Hawaii.
``(327) Kaua`i, hawaii.--$20,000,000 for water and
wastewater infrastructure, including stormwater management, in
the County of Kaua`i, Hawaii.
``(328) Maui, hawaii.--$20,000,000 for water and wastewater
infrastructure, including stormwater management, in the County
of Maui, Hawaii.
``(329) Dixmoor, illinois.--$15,000,000 for water and water
supply infrastructure in the village of Dixmoor, Illinois.
``(330) Forest park, illinois.--$10,000,000 for wastewater
infrastructure, including stormwater management, in the village
of Forest Park, Illinois.
[[Page 136 STAT. 3812]]
``(331) Lemont, illinois.--$3,135,000 for water
infrastructure in the village of Lemont, Illinois.
``(332) Lockport, illinois.--$6,550,000 for wastewater
infrastructure, including stormwater management, in the city of
Lockport, Illinois.
``(333) Montgomery and christian counties, illinois.--
$30,000,000 for water and wastewater infrastructure, including
water supply, in Montgomery County and Christian County,
Illinois.
``(334) Will county, illinois.--$30,000,000 for water and
wastewater infrastructure, including stormwater management, in
Will County, Illinois.
``(335) Orleans parish, louisiana.--$100,000,000 for water
and wastewater infrastructure in Orleans Parish, Louisiana.
``(336) Fitchburg, massachusetts.--$20,000,000 for water and
wastewater infrastructure, including stormwater management
(including combined sewer overflows), in the city of Fitchburg,
Massachusetts.
``(337) Haverhill, massachusetts.--$20,000,000 for water and
wastewater infrastructure, including stormwater management
(including combined sewer overflows), in the city of Haverhill,
Massachusetts.
``(338) Lawrence, massachusetts.--$20,000,000 for water and
wastewater infrastructure, including stormwater management
(including combined sewer overflows), in the city of Lawrence,
Massachusetts.
``(339) Lowell, massachusetts.--$20,000,000 for water and
wastewater infrastructure, including stormwater management
(including combined sewer overflows), in the city of Lowell,
Massachusetts.
``(340) Methuen, massachusetts.--$20,000,000 for water and
wastewater infrastructure, including stormwater management
(including combined sewer overflows), in the city of Methuen,
Massachusetts.
``(341) Maryland.--$100,000,000 for water, wastewater, and
other environmental infrastructure, Maryland.
``(342) Boonsboro, maryland.--$5,000,000 for water
infrastructure, including water supply, in the town of
Boonsboro, Maryland.
``(343) Brunswick, maryland.--$15,000,000 for water and
wastewater infrastructure in the city of Brunswick, Maryland.
``(344) Cascade charter township, michigan.--$7,200,000 for
water and wastewater infrastructure in Cascade Charter Township,
Michigan.
``(345) Macomb county, michigan.--$40,000,000 for wastewater
infrastructure, including stormwater management, in Macomb
County, Michigan.
``(346) Northfield, minnesota.--$33,450,000 for water and
wastewater infrastructure in the city of Northfield, Minnesota.
``(347) Centertown, missouri.--$15,900,000 for water and
wastewater infrastructure in the village of Centertown,
Missouri.
``(348) City of st. louis, missouri.--$45,000,000 for water
and wastewater infrastructure in the city of St. Louis,
Missouri.
[[Page 136 STAT. 3813]]
``(349) St. louis county, missouri.--$45,000,000 for water
and wastewater infrastructure in St. Louis County, Missouri.
``(350) Clinton, mississippi.--$13,600,000 for environmental
infrastructure, including water and wastewater infrastructure
(including stormwater management), drainage systems, and water
quality enhancement, in the city of Clinton, Mississippi.
``(351) Madison county, mississippi.--$10,000,000 for
environmental infrastructure, including water and wastewater
infrastructure (including stormwater management), drainage
systems, and water quality enhancement, in Madison County,
Mississippi.
``(352) Meridian, mississippi.--$10,000,000 for
environmental infrastructure, including water and wastewater
infrastructure (including stormwater management), drainage
systems, and water quality enhancement, in the city of Meridian,
Mississippi.
``(353) Oxford, mississippi.--$10,000,000 for environmental
infrastructure, including water and wastewater infrastructure
(including stormwater management), drainage systems, and water
quality enhancement, in the City of Oxford, Mississippi.
``(354) Rankin county, mississippi.--$10,000,000 for
environmental infrastructure, including water and wastewater
infrastructure (including stormwater management), drainage
systems, and water quality enhancement, in Rankin County,
Mississippi.
``(355) Manchester, new hampshire.--$20,000,000 for water
and wastewater infrastructure, including stormwater management
(including combined sewer overflows), in the city of Manchester,
New Hampshire.
``(356) Bayonne, new jersey.--$825,000 for wastewater
infrastructure, including stormwater management (including
combined sewer overflows), in the city of Bayonne, New Jersey.
``(357) Camden, new jersey.--$119,000,000 for wastewater
infrastructure, including stormwater management, in the city of
Camden, New Jersey.
``(358) Essex and sussex counties, new jersey.--$60,000,000
for water and wastewater infrastructure, including water supply,
in Essex County and Sussex County, New Jersey.
``(359) Flemington, new jersey.--$4,500,000 for water and
wastewater infrastructure, including water supply, in the
Borough of Flemington, New Jersey.
``(360) Jefferson, new jersey.--$90,000,000 for wastewater
infrastructure, including stormwater management, in Jefferson
Township, New Jersey.
``(361) Kearny, new jersey.--$69,900,000 for wastewater
infrastructure, including stormwater management (including
combined sewer overflows), in the town of Kearny, New Jersey.
``(362) Long hill, new jersey.--$7,500,000 for wastewater
infrastructure, including stormwater management, in Long Hill
Township, New Jersey.
``(363) Morris county, new jersey.--$30,000,000 for water
and wastewater infrastructure in Morris County, New Jersey.
[[Page 136 STAT. 3814]]
``(364) Passaic, new jersey.--$1,000,000 for wastewater
infrastructure, including stormwater management, in Passaic
County, New Jersey.
``(365) Phillipsburg, new jersey.--$2,600,000 for wastewater
infrastructure, including stormwater management, in the town of
Phillipsburg, New Jersey.
``(366) Rahway, new jersey.--$3,250,000 for water and
wastewater infrastructure in the city of Rahway, New Jersey.
``(367) Roselle, new jersey.--$5,000,000 for wastewater
infrastructure, including stormwater management, in the Borough
of Roselle, New Jersey.
``(368) South orange village, new jersey.--$7,500,000 for
water infrastructure, including water supply, in the Township of
South Orange Village, New Jersey.
``(369) Summit, new jersey.--$1,000,000 for wastewater
infrastructure, including stormwater management, in the city of
Summit, New Jersey.
``(370) Warren, new jersey.--$4,550,000 for wastewater
infrastructure, including stormwater management, in Warren
Township, New Jersey.
``(371) Espanola, new mexico.--$21,995,000 for water and
wastewater infrastructure in the city of Espanola, New Mexico.
``(372) Farmington, new mexico.--$15,500,000 for water
infrastructure, including water supply, in the city of
Farmington, New Mexico.
``(373) Mora county, new mexico.--$2,874,000 for wastewater
infrastructure in Mora County, New Mexico.
``(374) Santa fe, new mexico.--$20,700,000 for water and
wastewater infrastructure, including water reclamation, in the
city of Santa Fe, New Mexico.
``(375) Clarkstown, new york.--$14,600,000 for wastewater
infrastructure, including stormwater management, in the town of
Clarkstown, New York.
``(376) Genesee, new york.--$85,000,000 for water and
wastewater infrastructure, including stormwater management and
water supply, in Genesee County, New York.
``(377) Queens, new york.--$119,200,000 for water and
wastewater infrastructure, including stormwater management
(including combined sewer overflows), in Queens, New York.
``(378) Yorktown, new york.--$40,000,000 for wastewater
infrastructure, including stormwater management, in the town of
Yorktown, New York.
``(379) Brunswick, ohio.--$4,510,000 for wastewater
infrastructure, including stormwater management, in the city of
Brunswick, Ohio.
``(380) Brookings, oregon.--$2,000,000 for wastewater
infrastructure in the City of Brookings and the Port of
Brookings Harbor, Oregon.
``(381) Monroe, oregon.--$6,000,000 for water and wastewater
infrastructure in the city of Monroe, Oregon.
``(382) Newport, oregon.--$60,000,000 for water and
wastewater infrastructure, including water supply and water
storage, in the city of Newport, Oregon.
``(383) Lane county, oregon.--$25,000,000 for water and
wastewater infrastructure, including water supply and storage,
distribution, and treatment systems, in Lane County, Oregon.
[[Page 136 STAT. 3815]]
``(384) Palmyra, pennsylvania.--$36,300,000 for wastewater
infrastructure in Palmyra Township, Pennsylvania.
``(385) Pike county, pennsylvania.--$10,000,000 for water
and stormwater management infrastructure, including water
supply, in Pike County, Pennsylvania.
``(386) Pittsburgh, pennsylvania.--$20,000,000 for
wastewater infrastructure, including stormwater management, in
the city of Pittsburgh, Pennsylvania.
``(387) Pocono, pennsylvania.--$22,000,000 for water and
wastewater infrastructure in Pocono Township, Pennsylvania.
``(388) Westfall, pennsylvania.--$16,880,000 for wastewater
infrastructure in Westfall Township, Pennsylvania.
``(389) Whitehall, pennsylvania.--$6,000,000 for stormwater
management infrastructure in Whitehall Township and South
Whitehall Township, Pennsylvania.
``(390) Beaufort, south carolina.--$7,462,000 for stormwater
management infrastructure in Beaufort County, South Carolina.
``(391) Charleston, south carolina.--$25,583,000 for
wastewater infrastructure, including stormwater management, in
the city of Charleston, South Carolina.
``(392) Horry county, south carolina.--$19,000,000 for
environmental infrastructure, including ocean outfalls, in Horry
County, South Carolina.
``(393) Mount pleasant, south carolina.--$7,822,000 for
wastewater infrastructure, including stormwater management, in
the town of Mount Pleasant, South Carolina.
``(394) Portland, tennessee.--$1,850,000 for water and
wastewater infrastructure, including water supply, in the city
of Portland, Tennessee.
``(395) Smith county, tennessee.--$19,500,000 for wastewater
infrastructure, including stormwater management, in Smith
County, Tennessee.
``(396) Trousdale, macon, and sumner counties, tennessee.--
$178,000,000 for water and wastewater infrastructure in
Trousdale County, Macon County, and Sumner County, Tennessee.
``(397) United states virgin islands.--$1,584,000 for
wastewater infrastructure in the United States Virgin Islands.
``(398) Bonney lake, washington.--$3,000,000 for water and
wastewater infrastructure in the city of Bonney Lake,
Washington.
``(399) Burien, washington.--$5,000,000 for stormwater
management infrastructure in the city of Burien, Washington.
``(400) Ellensburg, washington.--$3,000,000 for wastewater
infrastructure, including stormwater management, in the city of
Ellensburg, Washington.
``(401) North bend, washington.--$30,000,000 for wastewater
infrastructure, including stormwater management, in the city of
North Bend, Washington.
``(402) Port angeles, washington.--$7,500,000 for wastewater
infrastructure, including stormwater management, in the City and
Port of Port Angeles, Washington.
``(403) Snohomish county, washington.--$56,000,000 for water
and wastewater infrastructure, including water supply, in
Snohomish County, Washington.
[[Page 136 STAT. 3816]]
``(404) Western washington state.--$200,000,000 for water
and wastewater infrastructure, including stormwater management,
water supply, and conservation, in Chelan County, King County,
Kittitas County, Pierce County, Snohomish County, Skagit County,
and Whatcom County, Washington.
``(405) Milwaukee, wisconsin.--$4,500,000 for water and
wastewater infrastructure, including stormwater management
(including combined sewer overflows), and resource protection
and development, in the Milwaukee metropolitan area,
Wisconsin.''.
(b) Project Modifications.--
(1) Consistency with reports.--Congress finds that the
project modifications described in this subsection are in
accordance with the reports submitted to Congress by the
Secretary under section 7001 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282d), titled ``Report to
Congress on Future Water Resources Development'', or have
otherwise been reviewed by Congress.
(2) Modifications.--
(A) Calaveras county, california.--Section
219(f)(86) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1259) is
amended by striking ``$3,000,000'' and inserting
``$13,280,000''.
(B) Sacramento area, california.--Section 219(f)(23)
of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 336; 117 Stat. 1840; 134 Stat.
2718) is amended by striking ``Suburban''.
(C) Los angeles county, california.--Section 219(f)
of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 334; 117 Stat. 1840; 121 Stat.
1259) is amended by striking paragraph (93) and
inserting the following:
``(93) Los angeles county, california.--$103,000,000 for
water and wastewater infrastructure, including stormwater
management, Diamond Bar, La Habra Heights, Dominguez Channel,
Santa Clarity Valley, and Rowland Heights, Los Angeles County,
California.''.
(D) Boulder county, colorado.--Section 219(f)(109)
of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 334; 114 Stat. 2763A-220) is
amended by striking ``$10,000,000 for water supply
infrastructure'' and inserting ``$20,000,000 for water
and wastewater infrastructure, including stormwater
management and water supply''.
(E) Charlotte county, florida.--Section 219(f)(121)
of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 336; 121 Stat. 1261) is amended by
striking ``$3,000,000 for'' and inserting ``$33,000,000
for wastewater and''.
(F) Miami-dade county, florida.--Section 219(f)(128)
of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 336; 121 Stat. 1261) is amended by
striking ``$6,250,000 for'' and inserting ``$190,250,000
for wastewater infrastructure, including''.
(G) Albany, georgia.--Section 219(f)(130) of the
Water Resources Development Act of 1992 (106 Stat. 4835;
113
[[Page 136 STAT. 3817]]
Stat. 336; 121 Stat. 1261) is amended by striking
``$4,000,000 for a storm drainage system,'' and
inserting ``$109,000,000 for wastewater infrastructure,
including stormwater management (including combined
sewer overflows),''.
(H) Atlanta, georgia.--Section 219(e)(5) of the
Water Resources Development Act of 1992 (106 Stat. 4835;
110 Stat. 3757; 113 Stat. 334) is amended by striking
``$25,000,000'' and inserting ``$75,000,000''.
(I) East point, georgia.--Section 219(f)(136) of the
Water Resources Development Act of 1992 (106 Stat. 4835;
113 Stat. 336; 121 Stat. 1261) is amended by striking
``$5,000,000 for'' and inserting ``$15,000,000 for
stormwater management and other''.
(J) Cook county and lake county, illinois.--Section
219(f)(54) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 336; 114 Stat. 2763A-
220) is amended--
(i) in the paragraph heading, by striking
``Cook county'' and inserting ``Cook county and
lake county'';
(ii) by striking ``$35,000,000 for'' and
inserting ``$100,000,000 for wastewater
infrastructure, including stormwater management,
and other''; and
(iii) by inserting ``and Lake County'' after
``Cook County''.
(K) Madison and st. clair counties, illinois.--
Section 219(f)(55) of the Water Resources Development
Act of 1992 (106 Stat. 4835; 113 Stat. 334; 114 Stat.
2763A-221; 134 Stat. 2718) is amended by striking
``$45,000,000'' and inserting ``$100,000,000''.
(L) Calumet region, indiana.--Section 219(f)(12)(A)
of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 336; 117 Stat. 1843; 121 Stat.
1225) is amended by striking ``$100,000,000'' and
inserting ``$125,000,000''.
(M) Baton rouge, louisiana.--Section 219(f)(21) of
the Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 336; 114 Stat. 2763A-220; 121 Stat.
1226) is amended by striking ``$35,000,000'' and
inserting ``$90,000,000''.
(N) South central planning and development
commission, louisiana.--Section 219(f)(153) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 336; 121 Stat. 1262) is amended by striking
``$2,500,000'' and inserting ``$12,500,000''.
(O) St. charles, st. bernard, plaquemines, st. john
the baptist, st. james, and assumption parishes,
louisiana.--
(i) St. charles, st. bernard, and plaquemines
parishes, louisiana.--Section 219(c)(33) of the
Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 334; 114 Stat. 2763A-219) is
amended by striking ``Water and wastewater
infrastructure'' and inserting ``Water supply and
wastewater infrastructure, including stormwater
management''.
[[Page 136 STAT. 3818]]
(ii) St. john the baptist, st. james, and
assumption parishes, louisiana.--Section
219(c)(34) of the Water Resources Development Act
of 1992 (106 Stat. 4835; 113 Stat. 334; 114 Stat.
2763A-219) is amended--
(I) in the paragraph heading, by
striking ``baptist and st. james'' and
inserting ``baptist, st. james, and
assumption''; and
(II) by striking ``Baptist and St.
James'' and inserting ``Baptist, St.
James, and Assumption''.
(iii) Authorization of appropriations for
construction assistance.--Section 219(e) of the
Water Resources Development Act of 1992 (106 Stat.
4835; 110 Stat. 3757; 113 Stat. 334; 121 Stat.
1192) is amended--
(I) by striking the ``and'' at the
end of paragraph (16);
(II) by striking the period at the
end of paragraph (17) and inserting a
semicolon; and
(III) by adding at the end the
following:
``(18) $70,000,000 for the project described in subsection
(c)(33); and
``(19) $36,000,000 for the project described in subsection
(c)(34).''.
(P) Michigan combined sewer overflows.--Section
219(f)(157) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 336; 121 Stat. 1262) is
amended--
(i) by striking ``$35,000,000 for'' and
inserting the following:
``(A) In general.--$85,000,000 for''; and
(ii) by adding at the end the following:
``(B) Additional projects.--Amounts made available
under subparagraph (A) may be used for design and
construction projects for water-related environmental
infrastructure and resource protection and development
projects in Michigan, including for projects for
wastewater treatment and related facilities, water
supply and related facilities, environmental
restoration, and surface water resource protection and
development.''.
(Q) Jackson, mississippi.--Section 219(f)(167) of
the Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 336; 121 Stat. 1263) is amended by
striking ``$25,000,000 for water and wastewater
infrastructure'' and inserting ``$125,000,000 for water
and wastewater infrastructure, including resilience
activities for such infrastructure''.
(R) Allegheny county, pennsylvania.--Section
219(f)(66)(A) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 336; 114 Stat. 2763A-
221; 121 Stat. 1240) is amended by striking
``$20,000,000 for'' and inserting ``$30,000,000 for
wastewater infrastructure, including stormwater
management, and other''.
(S) Lakes marion and moultrie, south carolina.--
Section 219(f)(25) of the Water Resources Development
Act of 1992 (106 Stat. 4835; 113 Stat. 336; 114 Stat.
2763A-220; 117 Stat. 1838; 130 Stat. 1677; 132 Stat.
3818; 134
[[Page 136 STAT. 3819]]
Stat. 2719) is amended by striking ``$110,000,000'' and
inserting ``$165,000,000''.
(T) Myrtle beach and vicinity, south carolina.--
Section 219(f) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1267) is
amended by striking paragraph (250) and inserting the
following:
``(250) Myrtle beach and vicinity, south carolina.--
$31,000,000 for environmental infrastructure, including ocean
outfalls, Myrtle Beach and vicinity, South Carolina.''.
(U) North myrtle beach and vicinity, south
carolina.--Section 219(f) of the Water Resources
Development Act of 1992 (106 Stat. 4835; 113 Stat. 334;
121 Stat. 1267) is amended by striking paragraph (251)
and inserting the following:
``(251) North myrtle beach and vicinity, south carolina.--
$74,000,000 for environmental infrastructure, including ocean
outfalls, North Myrtle Beach and vicinity, South Carolina.''.
(V) Eastern shore and southwest virginia.--Section
219(f)(10)(A) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat. 1255) is
amended--
(i) by striking ``$20,000,000'' and inserting
``$52,000,000''; and
(ii) by striking ``Accomac'' and inserting
``Accomack''.
(W) Northern west virginia.--Section 219(f)(272) of
the Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 334; 121 Stat. 1268) is amended--
(i) by striking ``$20,000,000 for water and
wastewater'' and inserting the following:
``(A) In general.--$20,000,000 for water and
wastewater''; and
(ii) by adding at the end the following:
``(B) Local cooperation agreements.--Notwithstanding
subsection (a), at the request of a non-Federal interest
for a project or a separable element of a project that
receives assistance under this paragraph, the Secretary
may enter into an agreement developed in accordance with
section 571(e) of the Water Resources Development Act of
1999 (113 Stat. 371) for the project or separable
element.''.
(3) Effect on authorization.--Notwithstanding the operation
of section 6001(e) of the Water Resources Reform and Development
Act of 2014 (as in effect on the day before the date of
enactment of the Water Resources Development Act of 2016), any
project included on a list published by the Secretary pursuant
to such section the authorization for which is amended by this
subsection remains authorized to be carried out by the
Secretary.
SEC. 8376. ADDITIONAL ASSISTANCE FOR CRITICAL PROJECTS.
(a) Consistency With Reports.--Congress finds that the project
modifications described in this section are in accordance with the
reports submitted to Congress by the Secretary under section 7001 of the
Water Resources Reform and Development Act
[[Page 136 STAT. 3820]]
of 2014 (33 U.S.C. 2282d), titled ``Report to Congress on Future Water
Resources Development'', or have otherwise been reviewed by Congress.
(b) Projects.--
(1) Chesapeake bay.--Section 510 of the Water Resources
Development Act of 1996 (110 Stat. 3759; 121 Stat. 1202; 128
Stat. 1317; 134 Stat. 3704) is amended--
(A) in subsection (a)(2)--
(i) by inserting ``infrastructure and'' before
``resource protection'';
(ii) in subparagraph (B), by inserting ``and
streambanks'' after ``shorelines'';
(iii) by redesignating subparagraphs (E) and
(F) as subparagraphs (H) and (I), respectively;
and
(iv) by inserting after subparagraph (D) the
following:
``(E) wastewater treatment and related facilities;
``(F) water supply and related facilities;
``(G) stormwater and drainage systems;''; and
(B) in subsection (c)(2)(A), by inserting
``facilities or'' before ``a resource protection and
restoration plan''.
(2) Florida keys water quality improvements, florida.--
Section 109(f) of title I of division B of the Miscellaneous
Appropriations Act, 2001 (Public Law 106-554, appendix D, 114
Stat. 2763A-222 (as enacted by section 1(a)(4) of the
Consolidated Appropriations Act, 2001 (114 Stat. 2763)); 121
Stat. 1217) is amended by striking ``$100,000,000'' and
inserting ``$200,000,000''.
(3) Northeastern minnesota.--Section 569(h) of the Water
Resources Development Act of 1999 (113 Stat. 368; 121 Stat.
1232) is amended by striking ``$54,000,000'' and inserting
``$80,000,000''.
(4) Mississippi.--Section 592 of the Water Resources
Development Act of 1999 (113 Stat. 379; 117 Stat. 1837; 121
Stat. 1233; 123 Stat. 2851) is amended--
(A) in subsection (b), by striking ``and surface
water resource protection and development'' and
inserting ``surface water resource protection and
development, stormwater management, drainage systems,
and water quality enhancement''; and
(B) in subsection (g), by striking ``$200,000,000''
and inserting ``$300,000,000''.
(5) Lake tahoe basin restoration, nevada and california.--
Section 108(g) of division C of the Consolidated Appropriations
Act, 2005 (Public Law 108-447; 118 Stat. 2942) is amended by
striking ``$25,000,000'' and inserting ``$50,000,000''.
(6) Central new mexico.--Section 593 of the Water Resources
Development Act of 1999 (113 Stat. 380; 119 Stat. 2255) is
amended--
(A) in subsection (a), by inserting ``Colfax,''
before ``Sandoval'';
(B) in subsection (c), by inserting ``water reuse,''
after ``conservation,''; and
(C) in subsection (h), by striking ``$50,000,000''
and inserting ``$100,000,000''.
[[Page 136 STAT. 3821]]
(7) New york city watershed.--Section 552(a)(2) of the Water
Resources Development Act of 1996 (110 Stat. 3780) is amended--
(A) by striking ``design and construction
assistance'' and inserting ``design, repair,
replacement, and construction assistance''; and
(B) by striking ``treatment, and distribution
facilities'' and inserting ``treatment, stormwater
management, and water distribution facilities''.
(8) Ohio and north dakota.--Section 594 of the Water
Resources Development Act of 1999 (113 Stat. 381; 119 Stat.
2261; 121 Stat. 1140; 121 Stat. 1944) is amended--
(A) in subsection (h), by striking ``$240,000,000''
and inserting ``$250,000,000''; and
(B) by adding at the end the following:
``(i) Authorization of Additional Appropriations.--In addition to
amounts authorized under subsection (h), there is authorized to be
appropriated to carry out this section $100,000,000, to be divided
between the States referred to in subsection (a).''.
(9) Southeastern pennsylvania.--Section 566 of the Water
Resources Development Act of 1996 (110 Stat. 3786; 113 Stat.
352) is amended--
(A) by striking the section heading and inserting
``southeastern pennsylvania and lower delaware river
basin.'';
(B) in subsection (a), by inserting ``and the Lower
Delaware River Basin'' after ``southeastern
Pennsylvania'';
(C) in subsection (b), by striking ``southeastern
Pennsylvania, including projects for waste water
treatment and related facilities,'' and inserting
``southeastern Pennsylvania and the Lower Delaware River
Basin, including projects for wastewater treatment and
related facilities (including sewer overflow
infrastructure improvements and other stormwater
management),'';
(D) by amending subsection (g) to read as follows:
``(g) Areas Defined.--In this section:
``(1) Lower delaware river basin.--The term `Lower Delaware
River Basin' means the Schuylkill Valley, Upper Estuary, Lower
Estuary, and Delaware Bay subwatersheds of the Delaware River
Basin in the Commonwealth of Pennsylvania and the States of New
Jersey and Delaware.
``(2) Southeastern pennsylvania.--The term `southeastern
Pennsylvania' means Philadelphia, Bucks, Chester, Delaware, and
Montgomery Counties, Pennsylvania.''; and
(E) in subsection (h), by striking ``to carry out
this section $25,000,000'' and inserting ``$50,000,000
to provide assistance under this section to non-Federal
interests in southeastern Pennsylvania, and $20,000,000
to provide assistance under this section to non-Federal
interests in the Lower Delaware River Basin''.
(10) South central pennsylvania.--Section 313(g)(1) of the
Water Resources Development Act of 1992 (106 Stat. 4845; 109
Stat. 407; 110 Stat. 3723; 113 Stat. 310; 117 Stat. 142; 121
Stat. 1146; 134 Stat. 2719) is amended by striking
``$400,000,000'' and inserting ``$410,000,000''.
(11) Texas.--Section 5138 of the Water Resources Development
Act of 2007 (121 Stat. 1250) is amended--
[[Page 136 STAT. 3822]]
(A) in subsection (b), by striking ``, as identified
by the Texas Water Development Board'';
(B) in subsection (e)(3), by inserting ``and
construction'' after ``design work'';
(C) by redesignating subsection (g) as subsection
(i);
(D) by inserting after subsection (f) the following:
``(g) Nonprofit Entities.--In this section, the term non-Federal
interest has the meaning given such term in section 221(b) of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b(b)).
``(h) Corps of Engineers Expenses.--Not more than 10 percent of the
amounts made available to carry out this section may be used by the
Corps of Engineers district offices to administer projects under this
section at Federal expense.''; and
(E) in subsection (i) (as redesignated), by striking
``$40,000,000'' and inserting ``$80,000,000''.
(12) Lake champlain, vermont and new york.--Section 542 of
the Water Resources Development Act of 2000 (114 Stat. 2671; 121
Stat. 1150; 134 Stat. 2652) is amended--
(A) in subsection (b)(2)(C), by striking
``planning'' and inserting ``clean water infrastructure
planning, design, and construction''; and
(B) in subsection (g), by striking ``$32,000,000''
and inserting ``$100,000,000''.
(13) Western rural water.--Section 595 of the Water
Resources Development Act of 1999 (113 Stat. 383; 117 Stat. 139;
117 Stat. 142; 117 Stat. 1836; 118 Stat. 440; 121 Stat. 1219;
123 Stat. 2851; 128 Stat. 1316; 130 Stat. 1681; 134 Stat. 2719)
is amended--
(A) in subsection (i)(1), by striking
``$435,000,000'' and inserting ``$800,000,000''; and
(B) in subsection (i)(2), by striking
``$150,000,000'' and inserting ``$200,000,000''.
(c) Effect on Authorization.--Notwithstanding the operation of
section 6001(e) of the Water Resources Reform and Development Act of
2014 (as in effect on the day before the date of enactment of the Water
Resources Development Act of 2016), any project included on a list
published by the Secretary pursuant to such section the authorization
for which is amended by this section remains authorized to be carried
out by the Secretary.
SEC. 8377. <<NOTE: Determinations.>> CONVEYANCES.
(a) Generally Applicable Provisions.--
(1) Survey to obtain legal description.--The exact acreage
and the legal description of any real property to be conveyed
under this section shall be determined by a survey that is
satisfactory to the Secretary.
(2) Applicability of property screening provisions.--Section
2696 of title 10, United States Code, shall not apply to any
conveyance under this section.
(3) Costs of conveyance.--An entity to which a conveyance is
made under this section shall be responsible for all reasonable
and necessary costs, including real estate transaction and
environmental documentation costs, associated with the
conveyance.
(4) Liability.--An entity to which a conveyance is made
under this section shall hold the United States harmless from
any liability with respect to activities carried out, on or
after
[[Page 136 STAT. 3823]]
the date of the conveyance, on the real property conveyed. The
United States shall remain responsible for any liability with
respect to activities carried out, before such date, on the real
property conveyed.
(5) Additional terms and conditions.--The Secretary may
require that any conveyance under this section be subject to
such additional terms and conditions as the Secretary considers
necessary and appropriate to protect the interests of the United
States.
(b) City of Lewes, Delaware.--
(1) Conveyance authorized.--The Secretary is authorized to
convey, without consideration, to the City of Lewes, Delaware,
all right, title, and interest of the United States in and to
the real property described in paragraph (2), for the purpose of
housing a new municipal campus for Lewes City Hall, a police
station, and a board of public works.
(2) Property.--The property to be conveyed under this
subsection is the approximately 5.26 acres of land, including
improvements on that land, located at 1137 Savannah Road, Lewes,
Delaware.
(3) Reversion.--
(A) In general.--If the Secretary determines at any
time that the property conveyed under paragraph (1) is
not being used in accordance with the purpose specified
in such paragraph, all right, title, and interest in and
to the property shall revert, at the discretion of the
Secretary, to the United States.
(B) Determination.--A determination by the Secretary
under subparagraph (A) shall be made on the record after
an opportunity for a hearing.
(c) Army Reserve Facility, Belleville, Illinois.--
(1) Conveyance authorized.--The Secretary shall convey to
the city of Belleville, Illinois, without consideration, all
right, title, and interest of the United States in and to the
real property described in paragraph (2).
(2) Property.--The property to be conveyed under this
subsection is the approximately 5.2 acres of land, including
improvements on that land, located at 500 South Belt East in
Belleville, Illinois.
(3) Deed.--The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and
conditions as the Secretary determines appropriate to protect
the interests of the United States.
(4) Reversion.--If the Secretary determines that the
property conveyed under this subsection is not used for a public
purpose, all right, title, and interest in and to the property
shall revert, at the discretion of the Secretary, to the United
States.
(d) Lake Barkley, Kentucky.--
(1) In general.--The Secretary is authorized to convey to
the Eddyville Riverport and Industrial Development Authority all
right, title, and interest of the United States in and to the
approximately 3.3 acres of land in Lyon County, Kentucky,
including the land identified as Tract 1216-2 and a portion of
the land identified as Tract 112-2, adjacent to the southwestern
boundary of the port facilities of the Authority at the Barkley
Dam and Lake Barkley project, Kentucky,
[[Page 136 STAT. 3824]]
authorized by the first section of the Act of July 24, 1946
(chapter 595, 60 Stat. 636).
(2) Reservation of rights.--The Secretary shall reserve and
retain from the conveyance under this subsection such easements,
rights-of-way, and other interests that the Secretary determines
to be necessary and appropriate to ensure the continued
operation of the project described in paragraph (1).
(3) Deed.--The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and
conditions as the Secretary determines appropriate to protect
the interests of the United States.
(4) Consideration.--The Eddyville Riverport and Industrial
Development Authority shall pay to the Secretary an amount that
is not less than the fair market value of the property conveyed
under this subsection, as determined by the Secretary.
(e) Sardis Lake, Panola County, Mississippi.--
(1) Conveyance authorized.--The Secretary is authorized to
convey to the City of Sardis, Mississippi, all right, title, and
interest of the United States in and to the real property
described in paragraph (2).
(2) Property.--The property to be conveyed is the
approximately 1,064 acres of lying in the eastern half of
Sections 12 and 13, T 8 S, R 6 W and the western half of Section
18 and the western half of Section 7, T 8 S, R 5 W, in Panola
County, Mississippi, and being more particularly described as
follows: Begin at the southeast corner of said Section 13, run
thence from said point of beginning, along the south line of
said Section 13, run westerly, 2,723 feet; thence run N
2739'53'' W, for 1,898 feet; thence run north 2,434 feet;
thence run east, 1,006 feet, more or less, to a point on the
easterly edge of Mississippi State Highway No. 315; thence run
along said easterly edge of highway, northerly, for 633 feet;
thence leaving said easterly edge of highway, run N 6200' E,
for 200 feet; thence N 0700' E, for 1,350 feet; thence N 0700'
W, for 800 feet; thence N 3730'W for 800 feet; thence N 1000'
W for 350 feet; thence N 1100' E, for 350 feet; thence N 4330'
E for 250 feet; thence N 8800' E for 200 feet; thence S 6400'
E for 350 feet; thence S 2530' E, for 650 feet, more or less,
to the intersection of the east line of the western half of the
eastern half of the northwest quarter of the southeast quarter
of the aforesaid Section 12, T 8 S, R 6 W and the 235-foot
contour; thence run along said 235-foot contour, 6,392 feet;
thence leaving said 235-foot contour, southerly 1,762 feet, more
or less, to a point on the south line of Section 7; thence S
0028'49'' E, 2,664.97 feet, more or less, to a point on the
south line of the northwest quarter of said Section 18; thence
along said south line, easterly for 100 feet, more or less to
the northwest corner of the southwest quarter of said Section
18; thence leaving said south line of said northwest quarter,
along the east line of said southwest quarter, S 0006'20'' E,
run 2,280 feet, more or less, to the southerly edge of an
existing power line right-of-way; thence leaving said east line
of said southwest quarter, along said southerly edge of said
power line right-of-way, northwesterly, 300 feet, more or less,
to the easterly edge of the existing 4-H Club Road; thence
leaving said southerly edge of said power line right-of-way,
[[Page 136 STAT. 3825]]
along said easterly edge of said road, southeasterly, 420 feet,
more or less, to the south line of said southwest quarter;
thence leaving said easterly edge of said road, along said south
line of southwest quarter, westerly, 2,635 feet, more or less,
to the point of beginning, LESS AND EXCEPT the following
prescribed parcel: Beginning at a point N 0045'48'' W, 302.15
feet and west, 130.14 feet from the southeast corner of said
Section 13, T 8 S, R 6 W, and running thence S 0435'58'' W,
200.00 feet to a point on the north side of a road; running
thence with the north side of said road, N 8351' W, for 64.84
feet; thence N 7226'44'' W, 59.48 feet; thence N 6031'37'' W,
61.71 feet; thence N 6335'08'' W, 51.07 feet; thence N
0647'17'' W, 142.81 feet to a point; running thence S
8524'02'' E, 254.37 feet to the point of beginning, containing
1.00 acre, more or less.
(3) Reservation of rights.--
(A) In general.--The Secretary shall reserve and
retain from the conveyance under this subsection such
easements, rights-of-way, and other interests that the
Secretary determines to be necessary and appropriate to
ensure the continued operation of the Sardis Lake
project, authorized by section 6 of the Act of May 15,
1928 (chapter 569, 45 Stat. 536).
(B) Flooding; liability.--In addition to any
easements, rights-of-way, and other interests reserved
an retained under subparagraph (A), the Secretary--
(i) shall retain the right to flood land for
downstream flood control purposes on--
(I) the land located east of
Blackjack Road and below 301.0 feet
above sea level; and
(II) the land located west of
Blackjack Road and below 224.0 feet
above sea level; and
(ii) shall not be liable for any reasonable
damage resulting from any flooding of land
pursuant to clause (i).
(4) Deed.--The Secretary shall--
(A) convey the property under this section by
quitclaim deed under such terms and conditions as the
Secretary determines appropriate to protect the
interests of the United States; and
(B) ensure that such deed includes a permanent
restriction that all future building of above-ground
structures on the land conveyed under this subsection
shall be restricted to areas lying at or above 301.0
feet above sea level.
(5) Consideration.--The City of Sardis, Mississippi, shall
pay to the Secretary an amount that is not less than the fair
market value of the property conveyed under this subsection, as
determined by the Secretary.
(6) Notice and reporting.--After conveying property under
this subsection, the Secretary shall submit to the City of
Sardis, Mississippi--
(A) weekly reports describing--
(i) the water level of Sardis Lake, as in
effect on the date of submission of the report;
(ii) any applicable forecasts of that water
level; and
[[Page 136 STAT. 3826]]
(iii) any other information that may affect
land conveyed under this subsection; and
(B) a timely notice of any anticipated flooding of a
portion of the land conveyed under this subsection.
(f) Rogers County, Oklahoma.--
(1) Conveyance authorized.--The Secretary is authorized to
convey to the City of Tulsa-Rogers County Port Authority, all
right, title, and interest of the United States in and to the
real property described in paragraph (2).
(2) Property.--The property to be conveyed under this
subsection is the approximately 176 acres of Federal land
located on the following 3 parcels in Rogers County, Oklahoma:
(A) Parcel 1 consists of U.S. tract 119 (partial),
U.S. tract 123, U.S. tract 120, U.S. tract 125, and U.S.
tract 118 (partial).
(B) Parcel 2 consists of U.S. tract 124 (partial)
and U.S. tract 128 (partial).
(C) Parcel 3 consists of U.S. tract 128 (partial).
(3) Reservation of rights.--The Secretary shall reserve and
retain from any conveyance under this subsection such easements,
rights-of-way, and other interests that the Secretary determines
to be necessary and appropriate to ensure the continued
operation of the McClellan-Kerr Arkansas River navigation
project (including Newt Graham Lock and Dam 18) authorized under
the comprehensive plan for the Arkansas River Basin by the Act
of June 28, 1938 (chapter 795, 52 Stat. 1218; 60 Stat. 634; 60
Stat. 647; 101 Stat. 1329-112; 117 Stat. 1842).
(4) Deed.--The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and
conditions as the Secretary determines appropriate to protect
the interests of the United States.
(5) Consideration.--The City of Tulsa-Rogers County Port
Authority shall pay to the Secretary an amount that is not less
than the fair market value of the property conveyed under this
subsection, as determined by the Secretary.
(6) Obstructions to navigable capacity.--A conveyance under
this subsection shall not affect the jurisdiction of the
Secretary under section 10 of the Act of March 3, 1899 (33
U.S.C. 403) with respect to the property conveyed.
(g) Regional Corps of Engineers Office, Corpus Christi, Texas.--
(1) Conveyance authorized.--At such time as new facilities
are available to be used as the office for the Galveston
District of the Corps of Engineers, the Secretary shall convey
to the Port of Corpus Christi, all right, title, and interest of
the United States in and to the property described in paragraph
(2).
(2) Description of property.--The property referred to in
paragraph (1) is the land known as Tract 100 and Tract 101,
including improvements on that land, in Corpus Christi, Texas,
and described as follows:
(A) Tract 100.--The 1.89 acres, more or less, as
conveyed by the Nueces County Navigation District No. 1
of Nueces County, Texas, to the United States by
instrument dated October 16, 1928, and recorded at
Volume
[[Page 136 STAT. 3827]]
193, pages 1 and 2, in the Deed Records of Nueces
County, Texas.
(B) Tract 101.--The 0.53 acres as conveyed by the
City of Corpus Christi, Nueces County, Texas, to the
United States by instrument dated September 24, 1971,
and recorded at Volume 318, pages 523 and 524, in the
Deed Records of Nueces County, Texas.
(C) Improvements.--
(i) Main Building (RPUID AO-C-3516),
constructed January 9, 1974.
(ii) Garage, vehicle with 5 bays (RPUID AO-C-
3517), constructed January 9, 1985.
(iii) Bulkhead, Upper (RPUID AO-C-2658),
constructed January 1, 1941.
(iv) Bulkhead, Lower (RPUID AO-C-3520),
constructed January 1, 1933.
(v) Bulkhead Fence (RPUID AO-C-3521),
constructed January 9, 1985.
(vi) Bulkhead Fence (RPUID AO-C-3522),
constructed January 9, 1985.
(3) Deed.--The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and
conditions as the Secretary determines appropriate to protect
the interests of the United States.
(4) Consideration.--The Port of Corpus Christi shall pay to
the Secretary an amount that is not less than the fair market
value of the property (including improvements) conveyed under
this subsection, as determined by the Secretary.
SEC. 8378. <<NOTE: Determinations.>> LAND TRANSFER AND TRUST LAND
FOR CHOCTAW NATION OF OKLAHOMA.
(a) Transfer.--
(1) In general.--Subject to paragraph (2) and for the
consideration described in subsection (c), the Secretary shall
transfer to the Secretary of the Interior the land described in
subsection (b) to be held in trust for the benefit of the
Choctaw Nation.
(2) Conditions.--The land transfer under this subsection
shall be subject to the following conditions:
(A) The transfer--
(i) shall not interfere with the operation by
the Corps of Engineers of the Sardis Lake Project,
authorized pursuant to section 203 of the Flood
Control Act of 1962 (76 Stat. 1187), or any other
authorized civil works project; and
(ii) shall be subject to such other terms and
conditions as the Secretary determines to be
necessary and appropriate to ensure the continued
operation of the Sardis Lake Project or any other
authorized civil works project.
(B) The Secretary shall retain the right to inundate
with water the land transferred to the Choctaw Nation
under this subsection as necessary to carry out an
authorized purpose of the Sardis Lake Project or any
other civil works project.
(C) No gaming activities may be conducted on the
land transferred under this subsection.
[[Page 136 STAT. 3828]]
(b) Land Description.--
(1) In general.--The land to be transferred under subsection
(a) is the approximately 247 acres of land located in Sections
18 and 19 of T2N R18E, and Sections 5 and 8 of T2N R19E,
Pushmataha County, Oklahoma, generally depicted as ``USACE'' on
the map entitled ``Sardis Lake - Choctaw Nation Proposal'' and
dated February 22, 2022.
(2) Survey.--The exact acreage and legal descriptions of the
land to be transferred under subsection (a) shall be determined
by a survey satisfactory to the Secretary and the Secretary of
the Interior.
(c) Consideration.--The Choctaw Nation shall pay to the Secretary an
amount that is equal to the fair market value of the land transferred
under subsection (a), as determined by the Secretary, which funds may be
accepted and expended by the Secretary.
(d) Costs of Transfer.--The Choctaw Nation shall be responsible for
all reasonable and necessary costs, including real estate transaction
and environmental documentation costs, associated with the transfer of
land under subsection (a).
SEC. 8379. JOHN P. MURTHA LOCKS AND DAM.
(a) Designation.--Locks and Dam 4, Monongahela River, Pennsylvania,
authorized by section 101(18) of the Water Resources Development Act of
1992 (106 Stat. 4803), and commonly known as the ``Charleroi Locks and
Dam'', shall be known and designated as the ``John P. Murtha Locks and
Dam''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the locks and dam
referred to in subsection (a) shall be deemed to be a reference to the
``John P. Murtha Locks and Dam''.
SEC. 8380. TREATMENT OF CERTAIN BENEFITS AND COSTS.
Section 152(a) of the Water Resources Development Act of 2020 (33
U.S.C. 2213a(a)) is amended by striking ``a flood risk management
project that incidentally generates seismic safety benefits in regions''
and inserting ``a flood risk management or coastal storm risk management
project in a region''.
SEC. 8381. DEBRIS REMOVAL.
Section 3 of the Act of March 2, 1945 (33 U.S.C. 603a), is amended
by striking ``or recreation'' and inserting ``ecosystem restoration, or
recreation''.
SEC. 8382. GENERAL REAUTHORIZATIONS.
(a) Rehabilitation of Existing Levees.--Section 3017(e) of the Water
Resources Reform and Development Act of 2014 (33 U.S.C. 3303a note) is
amended--
(1) by striking ``this subsection'' and inserting ``this
section''; and
(2) by striking ``the date that is 10 years after the date
of enactment of this Act'' and inserting ``December 31, 2028''.
(b) Invasive Species in Alpine Lakes Pilot Project.--Section 507(c)
of the Water Resources Development Act of 2020 (16 U.S.C. 4701 note) is
amended by striking ``2024'' and inserting ``2028''.
(c) Environmental Banks.--Section 309(e) of the Coastal Wetlands
Planning, Protection and Restoration Act (16 U.S.C. 3957(e)) is amended
by striking ``10'' and inserting ``12''.
[[Page 136 STAT. 3829]]
SEC. 8383. TRANSFER OF EXCESS CREDIT.
Section 1020 of the Water Resources Reform and Development Act of
2014 (33 U.S.C. 2223) is amended--
(1) in subsection (a), by adding at the end the following:
``(3) Studies and projects with multiple non-federal
interests.--A credit described in paragraph (1) for a study or
project with multiple non-Federal interests may be applied to
the required non-Federal cost share for a study or project of
any such non-Federal interest, if each such non-Federal interest
agrees in writing to such application.'';
(2) in subsection (b), by adding at the end the following:
``(3) Conditional approval of excess credit.--
Notwithstanding paragraph (2)(A)(ii), the Secretary may approve
credit in excess of the non-Federal share for a study or project
prior to the identification of each authorized study or project
to which the excess credit will be applied, subject to the
condition that the non-Federal interest agrees to submit for
approval by the Secretary an amendment to the comprehensive plan
prepared under paragraph (2) that identifies each authorized
study or project in advance of execution of the feasibility
cost-sharing agreement or project partnership agreement for that
authorized study or project.'';
(3) in subsection (d), by striking ``10 years after the date
of enactment of this Act'' and inserting ``on December 31,
2028''; and
(4) in subsection (e)(1)(B), by striking ``10 years after
the date of enactment of this Act'' and inserting ``December 31,
2028''.
SEC. 8384. TREATMENT OF CREDIT BETWEEN PROJECTS.
Section 7007(d) of the Water Resources Development Act of 2007 (121
Stat. 1277; 128 Stat. 1226) is amended by inserting ``, or may be
applied to reduce the amounts required to be paid by the non-Federal
interest under the terms of the deferred payment agreements entered into
between the Secretary and the non-Federal interest for the projects
authorized by section 7012(a)(1)'' before the period at the end.
SEC. 8385. NON-FEDERAL PAYMENT FLEXIBILITY.
Section 103(l) of the Water Resources Development Act of 1986 (33
U.S.C. 2213(l)) is amended--
(1) in the subsection heading, by striking ``Initial'';
(2) in the first sentence, by striking ``At the request of''
and inserting the following:
``(1) Initial payment.--At the request of''; and
(3) by adding at the end the following:
``(2) Interest.--
``(A) <<NOTE: Waiver authority. Time
period. Determination.>> In general.--At the request of
any non-Federal interest, the Secretary may waive the
accrual of interest on any non-Federal cash contribution
under this section or section 101 for a project for a
period of not more than 1 year if the Secretary
determines that--
``(i) the waiver will contribute to the
ability of the non-Federal interest to make future
contributions; and
``(ii) the non-Federal interest is in good
standing under terms agreed to under subsection
(k)(1).
[[Page 136 STAT. 3830]]
``(B) Limitations.--The Secretary may grant not more
than 1 waiver under subparagraph (A) for the same
project.''.
SEC. 8386. COASTAL COMMUNITY FLOOD CONTROL AND OTHER PURPOSES.
Section 103(k)(4) of the Water Resources Development Act of 1986 (33
U.S.C. 2213(k)(4)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and adjusting the margins
appropriately;
(2) in the matter preceding clause (i) (as so redesignated),
by striking ``Notwithstanding'' and inserting the following:
``(A) In general.--Notwithstanding'';
(3) in clause (i) (as so redesignated)--
(A) by striking ``$200 million'' and inserting
``$200,000,000''; and
(B) by striking ``and'' at the end;
(4) in clause (ii) (as so redesignated)--
(A) by inserting ``an amount equal to \2/3\ of''
after ``repays''; and
(B) by striking the period at the end and inserting
``; and''; and
(C) by adding at the end the following:
``(iii) the non-Federal interest
repays the balance of remaining
principal by June 1, 2032.''; and
(5) by adding at the end the following:
``(B) <<NOTE: Determination.>> Repayment options.--
Repayment of a non-Federal contribution under
subparagraph (A)(iii) may be satisfied through the
provision by the non-Federal interest of fish and
wildlife mitigation for one or more projects or
separable elements, if the Secretary determines that--
``(i) the non-Federal interest has incurred
costs for the provision of mitigation that--
``(I) equal or exceed the amount of
the required repayment; and
``(II) are in excess of any required
non-Federal contribution for the project
or separable element for which the
mitigation is provided; and
``(ii) the mitigation is integral to the
project for which it is provided.''.
SEC. 8387. NATIONAL LEVEE SAFETY PROGRAM.
(a) Definition of Rehabilitation.--Section 9002(13) of the Water
Resources Development Act of 2007 (33 U.S.C. 3301(13)) is amended--
(1) by striking ``The term'' and inserting the following:
``(A) In general.--The term'';
(2) by inserting ``, increase resiliency to extreme weather
events,'' after ``flood risk''; and
(3) by adding at the end the following:
``(B) Inclusions.--The term `rehabilitation'
includes improvements to a levee in conjunction with any
repair, replacement, reconstruction, or
reconfiguration.''.
(b) Levee Safety Initiative.--Section 9005(g)(2)(E)(i) of the Water
Resources Development Act of 2007 (33 U.S.C.
[[Page 136 STAT. 3831]]
3303a(g)(2)(E)(i)) is amended by striking ``2023'' and inserting
``2028''.
(c) Levee Rehabilitation Assistance Program.--Section 9005(h) of the
Water Resources Development Act of 2007 (33 U.S.C. 3303a(h)) is
amended--
(1) in paragraph (1), by inserting ``and levee
rehabilitation'' after ``mitigation'';
(2) in paragraph (7), by striking ``$10,000,000'' and
inserting ``$25,000,000''; and
(3) by adding at the end the following:
``(11) Prioritization.--To the maximum extent practicable,
the Secretary shall prioritize the provision of assistance under
this subsection to economically disadvantaged communities (as
defined by the Secretary under section 160 of the Water
Resources Development Act of 2020 (33 U.S.C. 2201 note)),
including economically disadvantaged communities located in
urban and rural areas.''.
SEC. 8388. SURPLUS WATER CONTRACTS AND WATER STORAGE AGREEMENTS.
Section 1046(c) of the Water Resources Reform and Development Act of
2014 (128 Stat. 1254; 132 Stat. 3784; 134 Stat. 2715) is amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraph (4) as paragraph (3).
SEC. 8389. WATER SUPPLY STORAGE REPAIR, REHABILITATION, AND
REPLACEMENT COSTS.
Section 301(b) of the Water Supply Act of 1958 (43 U.S.C. 390b(b))
is amended, in the fourth proviso, by striking the second sentence and
inserting the following: <<NOTE: Reimbursements. Time
periods. Contracts.>> ``For Corps of Engineers projects, all annual
operation and maintenance costs for municipal and industrial water
supply storage under this section shall be reimbursed from State or
local interests on an annual basis, and all repair, rehabilitation, and
replacement costs for municipal and industrial water supply storage
under this section shall be reimbursed from State or local interests (1)
without interest, during construction of the repair, rehabilitation, or
replacement, (2) with interest, in lump sum on the completion of the
repair, rehabilitation, or replacement, or (3) at the request of the
State or local interest, with interest, over a period of not more than
25 years beginning on the date of completion of the repair,
rehabilitation, or replacement, with repayment contracts providing for
recalculation of the interest rate at 5-year
intervals. <<NOTE: Effective date.>> At the request of the State or
local interest, the Secretary of the Army shall amend a repayment
contract entered into under this section on or before the date of
enactment of this sentence for the purpose of incorporating the terms
and conditions described in paragraph (3) of the preceding sentence.''.
SEC. 8390. ABANDONED AND INACTIVE NONCOAL MINE RESTORATION.
Section 560 of the Water Resources Development Act of 1999 (33
U.S.C. 2336) is amended--
(1) in subsection (c), by inserting ``, on land held in
trust by the Secretary of the Interior on behalf of, and for the
benefit of, an Indian Tribe, or on restricted land of any Indian
Tribe,'' after ``land owned by the United States''; and
(2) in subsection (e)--
[[Page 136 STAT. 3832]]
(A) by striking ``Rehabilitation'' and inserting
``Restoration''; and
(B) by striking ``Sacramento'' and inserting
``Albuquerque''; and
(3) in subsection (f), by striking ``$30,000,000'' and
inserting ``$50,000,000''.
SEC. 8391. ASIAN CARP PREVENTION AND CONTROL PILOT PROGRAM.
Section 509(a)(2) of the Water Resources Development Act of 2020 (33
U.S.C. 610 note) is amended--
(1) in subparagraph (A), by striking ``or Tennessee River
Watershed'' and inserting ``, Tennessee River Watershed, or
Tombigbee River Watershed''; and
(2) in subparagraph (C)(i), by inserting ``, of which not
fewer than 1 shall be carried out on the Tennessee-Tombigbee
Waterway'' before the period at the end.
SEC. 8392. ENHANCED DEVELOPMENT PROGRAM.
The Secretary shall fully implement opportunities for enhanced
development at lakes located primarily in the State of Oklahoma under
the authorities provided in section 3134 of the Water Resources
Development Act of 2007 (121 Stat. 1142; 130 Stat. 1671) and section 164
of the Water Resources Development Act of 2020 (134 Stat. 2668).
SEC. 8393. RECREATIONAL OPPORTUNITIES AT CERTAIN PROJECTS.
(a) Definitions.--In this section:
(1) Covered project.--The term ``covered project'' means any
of the following projects of the Corps of Engineers:
(A) Ball Mountain Lake, Vermont, authorized by
section 203 of the Flood Control Act of 1954 (68 Stat.
1257).
(B) Townshend Lake, Vermont, authorized by section
203 of the Flood Control Act of 1954 (68 Stat. 1257).
(2) Recreation.--The term ``recreation'' includes downstream
whitewater recreation that is dependent on operations,
recreational fishing, and boating at a covered project.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary should--
(1) ensure that, to the extent compatible with other project
purposes, each covered project is operated in such a manner as
to protect and enhance recreation associated with the covered
project; and
(2) manage land at each covered project to improve
opportunities for recreation at the covered project.
(c) <<NOTE: Determination.>> Modification of Water Control Plans.--
The Secretary may modify, or undertake temporary deviations from, the
water control plan for a covered project in order to enhance recreation,
if the Secretary determines the modifications or deviations--
(1) will not adversely affect other authorized purposes of
the covered project; and
(2) will not result in significant adverse impacts to the
environment.
SEC. 8394. FEDERAL ASSISTANCE.
Section 1328(c) of the Water Resources Development Act of 2018 (132
Stat. 3826) is amended by striking ``4 years'' and inserting ``8
years''.
[[Page 136 STAT. 3833]]
SEC. 8395. MISSISSIPPI RIVER MAT SINKING UNIT.
The Secretary shall expedite the replacement of the Mississippi
River mat sinking unit.
SEC. 8396. SENSE OF CONGRESS ON LEASE AGREEMENT.
It is the sense of Congress that the lease agreement for land and
water areas within the Prado Flood Control Basin Project Area entered
into between the Secretary and the City of Corona, California, for
operations of the Corona Municipal Airport (Recreation Lease No. DACW09-
1-67-60), is a valid lease of land at a water resources development
project under section 4 of the Act of December 22, 1944 (16 U.S.C.
460d).
SEC. 8397. <<NOTE: State listings. Puerto Rico.>> EXPEDITED
COMPLETION OF PROJECTS AND STUDIES.
(a) Authorized Projects and Studies.--The Secretary shall, to the
maximum extent practicable, expedite completion of the following
projects and studies:
(1) Projects.--
(A) Project for Juneau and Auke Bay, Floating Wave
Attenuator, Alaska, authorized pursuant to section 204
of the Flood Control Act of 1948 (62 Stat. 1181).
(B) Project for flood risk management, Little
Colorado River at Winslow, Navajo County, Arizona,
authorized by section 401(2) of the Water Resources
Development Act of 2020 (134 Stat. 2735).
(C) Project for flood damage reduction, Rio de Flag,
Flagstaff, Arizona, authorized by section 101(b)(3) of
the Water Resources Development Act of 2000 (114 Stat.
2576).
(D) Project for navigation, including maintenance
and channel deepening, McClellan-Kerr Arkansas River,
authorized under the comprehensive plan for the Arkansas
River Basin by section 3 of the Act of June 28, 1938
(chapter 795, 52 Stat. 1218; 60 Stat. 634; 60 Stat. 647;
101 Stat. 1329-112; 117 Stat. 1842).
(E) Project for environmental restoration, Hamilton
Airfield, California, authorized by section 101(b)(3) of
the Water Resources Development Act of 1999 (113 Stat.
279; 121 Stat. 1110).
(F) Project for flood damage reduction and
environmental restoration, Middle Creek, Lake County,
California, authorized by section 1001(11) of the Water
Resources Development Act of 2007 (121 Stat. 1051).
(G) The San Francisco Bay Beneficial Use Pilot
Project, California, being carried out under section
1122 of the Water Resources Development Act of 2016 (130
Stat. 1645).
(H) Project for flood risk management, ecosystem
restoration, and recreation, South San Francisco Bay
Shoreline, California, authorized by section 1401(6) of
the Water Resources Development Act of 2016 (130 Stat.
1714).
(I) Projects for ecosystem restoration included in
the comprehensive Chesapeake Bay restoration plan
developed under the Chesapeake Bay Environmental
Restoration and Protection Program, authorized by
section 510 of the Water Resources Development Act of
1996 (110 Stat. 3759; 121 Stat. 1202; 128 Stat. 1317).
(J) Maintenance dredging and other authorized
activities to address the impacts of shoaling affecting
the project
[[Page 136 STAT. 3834]]
for navigation, Branford Harbor and Branford River,
Branford, Connecticut, authorized by the first section
of the Act of June 13, 1902 (chapter 1079, 32 Stat.
333).
(K) Maintenance dredging and other authorized
activities to address the impacts of shoaling affecting
the project for navigation, Guilford Harbor and Sluice
Channel, Connecticut, authorized by section 2 of the Act
of March 2, 1945 (chapter 19, 59 Stat. 13).
(L) Maintenance dredging and other authorized
activities to address the impacts of shoaling affecting
the project for navigation, Milford Harbor, Connecticut,
authorized by the first section of the Act of June 23,
1874 (chapter 457, 18 Stat. 241).
(M) Project for ecosystem restoration at Bay Point
dredge hole, Tampa Bay, Florida.
(N) Project for ecosystem restoration, Central and
Southern Florida, Everglades Agricultural Area,
authorized by section 1308 of the Water Resources
Development Act of 2018 (132 Stat. 3819; 134 Stat.
2709).
(O) <<NOTE: Update.>> An update to the water control
manual for Melvin Price Locks and Dam, Illinois,
authorized by section 102 of Public Law 95-502 (92 Stat.
1695; 95 Stat. 1634).
(P) Projects for the restoration of the Illinois
River Basin, carried out pursuant to section 519 of the
Water Resources Development Act of 2000 (114 Stat. 2653;
121 Stat. 1221).
(Q) Projects for ecosystem restoration, Upper
Mississippi River and Illinois Waterway System,
authorized pursuant to title VIII of the Water Resources
Development Act of 2007 (33 U.S.C. 652 note).
(R) Project for navigation, Kentucky Lock Addition,
Kentucky, authorized by section 101(a)(13) of the Water
Resources Development Act of 1996 (110 Stat. 3664).
(S) Project for flood damage reduction, Lower
Jefferson Parish, Louisiana, authorized by section 7016
of the Water Resources Development Act of 2007 (121
Stat. 1282).
(T) The portion of the project for flood control and
other purposes, Cumberland, Maryland, consisting of the
restoration of the historic Chesapeake and Ohio Canal,
authorized by section 5 of the Act of June 22, 1936
(chapter 6881, 49 Stat. 1574; 113 Stat. 375).
(U) Project for flood control, Ecorse Creek, Wayne
County, Michigan, authorized by section 101(a)(14) of
the Water Resources Development Act of 1990 (104 Stat.
4607).
(V) Projects for ecosystem restoration, Salt River
Marsh Coastal Habitat, Lake St. Clair, Michigan,
authorized pursuant to section 506 of the Water
Resources Development Act of 2000 (42 U.S.C. 1962d-22).
(W) Assistance for ecosystem restoration, Lower
Yellowstone Intake Diversion Dam, Montana, authorized
pursuant to section 3109 of the Water Resources
Development Act of 2007 (121 Stat. 1135).
(X) Maintenance dredging and other authorized
activities to address the impacts of shoaling affecting
the project for navigation, Portsmouth Harbor and
Piscataqua River, Maine and New Hampshire, authorized by
section 101 of the River and Harbor Act of 1962 (76
Stat. 1173).
[[Page 136 STAT. 3835]]
(Y) Project for flood risk management, Tulsa and
West-Tulsa Levee System, Tulsa County, Oklahoma,
authorized by section 401(2) of the Water Resources
Development Act of 2020 (134 Stat. 2735).
(Z) Project for flood risk management, Rio
Guayanilla, Puerto Rico, authorized by section 401(2) of
the Water Resources Development Act of 2020 (134 Stat.
2736).
(AA) Projects for critical restoration, Missouri
River Restoration, South Dakota, included in the plan
developed under section 905(e) of the Water Resources
Development Act of 2000 (114 Stat. 2707).
(BB) Project for water quality control, Red River
Basin Chloride Control Area VIII, Texas, authorized
pursuant to section 203 of the Flood Control Act of 1966
(80 Stat. 1420).
(CC) Dredging for projects at Port of Galveston for
Turning Basin 2 project, Royal Terminal, Galveston Bay,
Galveston, Texas, authorized pursuant to section 1401(1)
of the Water Resources Development Act of 2018 (132
Stat. 3836).
(DD) Project for dam safety modifications, Bluestone
Dam, West Virginia, authorized pursuant to section 5 of
the Act of June 22, 1936 (chapter 688, 49 Stat. 1586).
(EE) The development and implementation of a
sediment management plan at Big Horn Lake, Wyoming,
pursuant to section 1179(a) of the Water Resources
Development Act of 2016 (130 Stat. 1675).
(FF) Projects authorized by section 219 of the Water
Resources Development Act of 1992.
(2) Studies.--
(A) Feasibility study of modifications to the
portion of the project for flood control, water
conservation, and related purposes, Russian River Basin,
California, consisting of the Coyote Valley Dam,
authorized by section 204 of the Flood Control Act of
1950 (64 Stat. 177; 130 Stat. 1682), to add
environmental restoration as a project purpose and to
increase water supply and improve reservoir operations.
(B) Feasibility study of modifications to the
portion of the project for flood control, Santa Ana
River Mainstem, California, consisting of Seven Oaks
Dam, California, authorized by section 401(a) of the
Water Resources Development Act of 1986 (100 Stat. 4113;
101 Stat. 1329-111; 104 Stat. 4611; 110 Stat. 3713; 121
Stat. 1115), to include water conservation as an
authorized purpose.
(C) Feasibility study of modifications to the
project for flood control, Redbank and Fancher Creeks,
California, authorized by section 401(a) of the Water
Resources Development Act of 1986 (100 Stat. 4112).
(D) <<NOTE: Update.>> The update of hydrological
modeling of the Fox River Basin, Illinois.
(E) Feasibility study of modifications to the
channel depths and dimensions pursuant to section 5 of
the Act of March 4, 1915 (33 U.S.C. 562) for the project
for navigation, Miami Harbor Channel, Florida,
authorized by section 101 of the Water Resources
Development Act of 1990 (104 Stat. 4606).
[[Page 136 STAT. 3836]]
(F) <<NOTE: Time period. Review.>> A comprehensive
50-year review of the Kaskaskia River Navigation
Project, Illinois, pursuant to section 216 of the Flood
Control Act of 1970 (33 U.S.C. 549a).
(G) Feasibility study for the Mississippi River and
Tributaries project, to include the portion of the
Ouachita River Levee System at and below Monroe,
Louisiana to Caldwell Parish, Louisiana, authorized by
section 204(b) of the Water Resources and Development
Act of 2020 (134 Stat. 2678).
(H) Feasibility study for the project for ecosystem
restoration and flood risk management at Coldwater
Creek, Missouri, authorized pursuant to section 1202(b)
of the Water Resources Development Act of 2018 (132
Stat. 3803).
(I) Feasibility study for the project for ecosystem
restoration and flood risk management at Maline Creek,
Missouri, authorized pursuant to section 1202(b) of the
Water Resources Development Act of 2018 (132 Stat.
3803).
(J) Feasibility study for the project for flood
protection at the Truman Lake Visitor Center, Warsaw,
Missouri, authorized by section 203 of the Flood Control
Act of 1954 (68 Stat. 1262; 84 Stat. 265).
(K) Feasibility study for an updated hydrologic
analysis for the town of Estancia, Torrance County, New
Mexico.
(L) Feasibility study for water supply to reduce
water consumption from the Arbuckle Simpson Aquifer,
Oklahoma, utilizing reserved municipal water supply
within the Corps of Engineers-owned lakes, pursuant to
section 838 of the Water Resources Development Act of
1986 (100 Stat. 4174).
(b) Continuing Authorities Programs.--The Secretary shall, to the
maximum extent practicable, expedite completion of the following
projects and studies:
(1) Projects for flood control under section 205 of the
Flood Control Act of 1948 (33 U.S.C. 701s) for the following
areas:
(A) Lower Santa Cruz River, Arizona.
(B) McCormick Wash, Arizona.
(C) Rose and Palm Garden Washes, Arizona.
(D) The Santa Rosa Canal Alternative Conveyance
Project, Arizona.
(E) Southern Maricopa County, in the vicinity of the
Ak-Chin Reservation, Arizona.
(F) Nancy Creek, Georgia.
(G) Peachtree Creek, Georgia.
(H) Sugar Creek, Georgia.
(I) South River Basin, Georgia.
(J) Passaic River, New Jersey.
(K) Salt River Marsh Coastal Habitat, Lake St.
Clair, Michigan.
(L) Blind Brook, Rye, New York.
(M) Aibonito Creek and vicinity, Puerto Rico.
(N) Canovanas River, Puerto Rico.
(O) Municipality of Orocovis, Puerto Rico.
(P) Municipality of San Sebastian, Puerto Rico.
(Q) Municipality of Villalba, Puerto Rico.
(R) Rio Inabon, Ponce, Puerto Rico.
(S) Yauco River and Berrenchin Stream, Puerto Rico.
[[Page 136 STAT. 3837]]
(2) Projects for navigation under section 107 of the River
and Harbor Act of 1960 (33 U.S.C. 577) for the following areas:
(A) Sebewaing River, Port Sanilac Harbor, Lexington
Harbor, and Harbor Beach Harbor, Michigan.
(B) Portsmouth Back Channels and Sagamore Creek,
Portsmouth, New Castle, and Rye, New Hampshire.
(C) Sturgeon Point Marina, New York.
(D) Davis Creek and Mobjack Bay, Mathews County,
Virginia.
(3) Project for aquatic ecosystem restoration under section
206 of the Water Resources Development Act of 1996 (33 U.S.C.
2330) for the following areas:
(A) El Corazon, Arizona.
(B) San Pedro River, Cochise County and vicinity,
Arizona, including review of recharge facilities that
preserve water flows and habitats.
(4) Project modifications for improvement of the environment
under section 1135 of the Water Resources Development Act of
1986 (33 U.S.C. 2309a) for the towns of Quincy and Braintree,
Massachusetts, for fish passage on the Smelt Brook.
(5) Project for the removal of obstructions and clearing
channels for flood control under section 2 of the Act of August
28, 1937 (33 U.S.C. 701g) for the Passaic River, New Jersey.
(6) Project for shoreline erosion protection of public works
under section 14 of the Flood Control Act of 1946 (33 U.S.C.
701r) and for beach erosion and storm damage reduction under
section 3 of the Act of August 13, 1946 (33 U.S.C. 426g) for
Buffalo, New York.
(7) Project for beach erosion and storm damage reduction
under section 3 of the Act of August 13, 1946 (33 U.S.C. 426g)
for West Haven, Connecticut.
Subtitle D--Water Resources Infrastructure
SEC. 8401. PROJECT AUTHORIZATIONS.
The following projects for water resources development and
conservation and other purposes, as identified in the reports titled
``Report to Congress on Future Water Resources Development'' submitted
to Congress pursuant to section 7001 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed by
Congress, are authorized to be carried out by the Secretary
substantially in accordance with the plans, and subject to the
conditions, described in the respective reports or decision documents
designated in this section:
(1) Navigation.--
[[Page 136 STAT. 3838]]
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. AK Elim Subsistence March 12, Federal: $99,057,000
Harbor Study, 2021 Non-Federal: $2,517,000
Elim Total: $101,574,000
------------------------------------------------------------------------
2. CA Port of Long Beach October 14, Federal: $87,063,000
Deep Draft 2021 and May Non-Federal: $88,724,000
Navigation, Los 31, 2022 Total: $175,787,000
Angeles County
------------------------------------------------------------------------
3. GA Brunswick Harbor March 11, Federal: $10,555,500
Modifications, 2022 Non-Federal: $5,680,500
Glynn County Total: $16,236,000
------------------------------------------------------------------------
4. NY, New York -- New June 3, 2022 Federal: $2,408,268,000
NJ Jersey Harbor Non-Federal: $3,929,279,000
Deepening Channel Total: $6,337,547,000
Improvements
------------------------------------------------------------------------
5. WA Tacoma Harbor May 26, 2022 Federal: $140,022,000
Navigation Non-Federal: $203,561,000
Improvement Total: $343,583,000
Project
------------------------------------------------------------------------
(2) Flood risk management.--
[[Page 136 STAT. 3839]]
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. AL Selma Flood Risk October 7, Federal: $16,978,000
Management and 2021 Non-Federal: $9,142,000
Bank Total: $26,120,000
Stabilization
------------------------------------------------------------------------
2. AL Valley Creek Flood October 29, Federal: $21,993,000
Risk Management, 2021 Non-Federal: $11,906,000
Bessemer and Total: $33,899,000
Birmingham
------------------------------------------------------------------------
3. CA Lower Cache Creek, June 21, 2021 Federal: $238,151,550
Yolo County, Non-Federal: $128,235,450
Woodland and Total: $366,387,000
Vicinity
------------------------------------------------------------------------
4. NE Papillion Creek January 24, Federal: $100,618,000
and Tributaries 2022 Non-Federal: $57,359,000
Lakes Total: $157,977,000
------------------------------------------------------------------------
5. OR Portland Metro August 20, Federal: $89,708,000
Levee System 2021 Non-Federal: $48,304,000
Total: $138,012,000
------------------------------------------------------------------------
6. PR Rio Guanajibo May 24, 2022 Federal: $184,778,000
Flood Risk Non-Federal: $0
Management, Total: $184,778,000
Mayaguez,
Hormigueros, and
San German
------------------------------------------------------------------------
(3) Hurricane and storm damage risk reduction.--
[[Page 136 STAT. 3840]]
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. CT Fairfield and New January 19, Federal: $107,350,000
Haven Counties 2021 Non-Federal: $57,804,000
Coastal Storm Total: $165,154,000
Risk Management
------------------------------------------------------------------------
2. FL Florida Keys, September 24, Federal: $1,774,631,000
Monroe County, 2021 Non-Federal: $955,570,000
Coastal Storm Total: $2,730,201,000
Risk Management
------------------------------------------------------------------------
3. FL Miami-Dade County, September 26, Initial Federal:
Main Segment, 2022 $25,091,000
Coastal Storm Initial Non-Federal:
Risk Management $18,470,000
Total: $43,561,000
Renourishment Federal:
$143,874,000
Renourishment Non-Federal:
$180,898,000
Renourishment Total:
$324,772,000
------------------------------------------------------------------------
4. FL Okaloosa County, October 7, Initial Federal:
Coastal Storm 2021 $21,274,025
Risk Management Initial Non-Federal:
$12,379,975
Total: $33,654,000
Renourishment Federal:
$76,345,000
Renourishment Non-Federal:
$79,292,000
Renourishment Total:
$155,637,000
------------------------------------------------------------------------
[[Page 136 STAT. 3841]]
5. FL Pinellas County, October 29, Initial Federal: $6,097,000
Treasure Island 2021 Initial Non-Federal:
and Long Key $9,864,000
Segments, Coastal Total: $15,961,000
Storm Risk Renourishment Federal:
Management $115,551,000
Renourishment Non-Federal:
$104,540,000
Renourishment Total:
$220,091,000
------------------------------------------------------------------------
6. LA South Central June 23, 2022 Federal: $809,297,450
Coast, Louisiana Non-Federal: $435,775,550
Hurricane and Total: $1,245,073,000
Storm Damage Risk
Reduction
------------------------------------------------------------------------
7. LA Upper Barataria January 28, Federal: $1,184,472,250
Basin Hurricane 2022 Non-Federal: $637,792,750
and Storm Damage Total: $1,822,265,000
Risk Reduction
------------------------------------------------------------------------
8. NY South Shore of October 27, Federal: $1,086,000,000
Staten Island, 2016 Non-Federal: $585,000,000
Fort Wadsworth to Total: $1,671,000,000
Oakwood Beach,
Coastal Storm
Risk Management
------------------------------------------------------------------------
[[Page 136 STAT. 3842]]
9. PR San Juan September 16, Federal: $288,294,000
Metropolitan Area 2021 Non-Federal: $155,235,000
Coastal Storm Total: $443,529,000
Risk Management
------------------------------------------------------------------------
10. SC Charleston June 10, 2022 Federal: $828,657,050
Peninsula, Non-Federal: $446,199,950
Coastal Storm Total: $1,274,857,000
Risk Management
------------------------------------------------------------------------
11. SC Folly Beach, October 26, Initial Federal:
Coastal Storm 2021 $49,919,000
Risk Management Initial Non-Federal:
$5,546,000
Total: $55,465,000
Renourishment Federal:
$180,433,000
Renourishment Non-Federal:
$29,373,000
Renourishment Total:
$209,806,000
------------------------------------------------------------------------
(4) Flood risk management and ecosystem restoration.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. TX Coastal Texas September 16, Federal: $21,380,214,000
Protection and 2021 Non-Federal:
Restoration $12,999,708,000
Total: $34,379,922,000
------------------------------------------------------------------------
(5) Ecosystem restoration.--
[[Page 136 STAT. 3843]]
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. CA Prado Basin April 22, Federal: $35,265,100
Ecosystem 2021 Non-Federal: $22,373,900
Restoration, San Total: $57,639,000
Bernardino,
Riverside and
Orange Counties
------------------------------------------------------------------------
2. KY Three Forks of May 24, 2022 Federal: $77,352,671
Beargrass Creek Non-Federal: $52,539,940
Ecosystem Total: $129,892,611
Restoration,
Louisville
------------------------------------------------------------------------
(6) Modifications and other projects.--
------------------------------------------------------------------------
C. Date of
A. State B. Name Decision D. Estimated Costs
Document
------------------------------------------------------------------------
1. DC Washington, D.C. July 22, 2021 Federal: $19,830,000
and Vicinity Non-Federal: $0
Flood Risk Total: $19,830,000
Management
------------------------------------------------------------------------
2. FL Central and June 30, 2022 Federal: $2,707,950,500
Southern Florida, Non-Federal: $2,707,950,500
Indian River Total: $5,415,901,000
Lagoon
------------------------------------------------------------------------
3. LA Lake Pontchartrain December 16, Federal: $950,303,250
and Vicinity 2021 Non-Federal: $511,701,750
Total: $1,462,005,000
------------------------------------------------------------------------
[[Page 136 STAT. 3844]]
4. LA West Bank and December 17, Federal: $508,337,700
Vicinity 2021 Non-Federal: $273,720,300
Total: $782,058,000
------------------------------------------------------------------------
5. MI New Soo Lock June 6, 2022 Federal: $3,218,944,000
Construction Non-Federal: $0
Project, Sault Total: $3,218,944,000
Ste. Marie,
Chippewa County
------------------------------------------------------------------------
6. WA Howard A. Hanson May 19, 2022 Federal: $878,530,000
Dam, Water Supply Non-Federal: $43,085,000
and Ecosystem Total: $921,615,000
Restoration
------------------------------------------------------------------------
SEC. 8402. SPECIAL RULES.
(a) South Shore of Staten Island, New York.--The Federal share of
any portion of the cost to design and construct the project for coastal
storm risk management, South Shore of Staten Island, Fort Wadsworth to
Oakwood Beach, New York, authorized by this Act, that exceeds the
estimated total project cost specified in the project partnership
agreement for the project, signed by the Secretary on February 15, 2019,
shall be 90 percent.
(b) Charleston Peninsula, South Carolina.--
(1) <<NOTE: Deadline. Deauthorization
request. Contracts.>> In general.--Not later than 90 days after
the last day of the covered period, the Secretary shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and
Public Works of the Senate, a request for deauthorization of the
project for hurricane and storm damage risk reduction,
Charleston Peninsula, South Carolina, authorized by this Act, if
the non-Federal interest has not entered into a project
partnership agreement for the project, or a separable element of
the project, prior to such last day.
(2) Definition of covered period.--In this subsection, the
term ``covered period'' means the period beginning on the date
of enactment of this Act and ending on the date that is--
(A) 10 years after the date of enactment of this
Act; or
(B) 10 years after the date on which a design
agreement for the project described in paragraph (1) is
executed,
[[Page 136 STAT. 3845]]
if such design agreement is executed prior to the date
that is 10 years after the date of enactment of this
Act.
SEC. 8403. FACILITY INVESTMENT.
(a) In General.--Subject to subsection (b), using amounts available
in the revolving fund established by the first section of the Civil
Functions Appropriations Act, 1954 (33 U.S.C. 576), and not otherwise
obligated, the Secretary may--
(1) <<NOTE: Missouri.>> design and construct the lab and
office facility for a Mandatory Center of Expertise in Branson,
Missouri, described in the prospectus submitted to the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate on June 10, 2022, pursuant to subsection (c)
of such Act (33 U.S.C. 576(c)), substantially in accordance with
such prospectus; and
(2) carry out such construction and infrastructure
improvements as are required to support such lab and office
facility, including any necessary demolition of the existing
infrastructure.
(b) <<NOTE: Reimbursement.>> Requirement.--In carrying out
subsection (a), the Secretary shall ensure that the revolving fund
established by the first section of the Civil Functions Appropriations
Act, 1954 (33 U.S.C. 576) is appropriately reimbursed from funds
appropriated for Corps of Engineers programs that benefit from the lab
and office facility constructed under this section.
TITLE LXXXV--CLEAN WATER
Sec. 8501. Regional water programs.
Sec. 8502. Nonpoint source management programs.
Sec. 8503. Wastewater assistance to colonias.
SEC. 8501. REGIONAL WATER PROGRAMS.
(a) San Francisco Bay Restoration Grant Program.--Title I of the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended
by adding at the end the following:
``SEC. 125. <<NOTE: 33 USC 1276a.>> SAN FRANCISCO BAY RESTORATION
GRANT PROGRAM.
``(a) Definitions.--In this section:
``(1) Estuary partnership.--The term `Estuary Partnership'
means the San Francisco Estuary Partnership, designated as the
management conference for the San Francisco Bay under section
320.
``(2) San francisco bay plan.--The term `San Francisco Bay
Plan' means--
``(A) until the date of the completion of the plan
developed by the Director under subsection (d), the
comprehensive conservation and management plan approved
under section 320 for the San Francisco Bay estuary; and
``(B) on and after the date of the completion of the
plan developed by the Director under subsection (d), the
plan developed by the Director under subsection (d).
``(b) Program Office.--
``(1) Establishment.--The Administrator shall establish in
the Environmental Protection Agency a San Francisco Bay Program
Office. The Office shall be located at the headquarters of
Region 9 of the Environmental Protection Agency.
[[Page 136 STAT. 3846]]
``(2) Appointment of director.--The Administrator shall
appoint a Director of the Office, who shall have management
experience and technical expertise relating to the San Francisco
Bay and be highly qualified to direct the development and
implementation of projects, activities, and studies necessary to
implement the San Francisco Bay Plan.
``(3) Delegation of authority; staffing.--The Administrator
shall delegate to the Director such authority and provide such
staff as may be necessary to carry out this section.
``(c) Annual Priority List.--
``(1) <<NOTE: Notice.>> In general.--After providing public
notice, the Director shall annually compile a priority list,
consistent with the San Francisco Bay Plan, identifying and
prioritizing the projects, activities, and studies to be carried
out with amounts made available under subsection (e).
``(2) Inclusions.--The annual priority list compiled under
paragraph (1) shall include the following:
``(A) Projects, activities, and studies, including
restoration projects and habitat improvement for fish,
waterfowl, and wildlife, that advance the goals and
objectives of the San Francisco Bay Plan, for--
``(i) water quality improvement, including the
reduction of marine litter;
``(ii) wetland, riverine, and estuary
restoration and protection;
``(iii) nearshore and endangered species
recovery; and
``(iv) adaptation to climate change.
``(B) Information on the projects, activities, and
studies specified under subparagraph (A), including--
``(i) the identity of each entity receiving
assistance pursuant to subsection (e); and
``(ii) a description of the communities to be
served.
``(C) <<NOTE: Criteria.>> The criteria and methods
established by the Director for identification of
projects, activities, and studies to be included on the
annual priority list.
``(3) Consultation.--In compiling the annual priority list
under paragraph (1), the Director shall consult with, and
consider the recommendations of--
``(A) the Estuary Partnership;
``(B) the State of California and affected local
governments in the San Francisco Bay estuary watershed;
``(C) the San Francisco Bay Restoration Authority;
and
``(D) any other relevant stakeholder involved with
the protection and restoration of the San Francisco Bay
estuary that the Director determines to be appropriate.
``(d) <<NOTE: Deadlines. Reviews. Revisions.>> San Francisco Bay
Plan.--
``(1) In general.--Not later than 5 years after the date of
enactment of this section, the Director, in conjunction with the
Estuary Partnership, shall review and revise the comprehensive
conservation and management plan approved under section 320 for
the San Francisco Bay estuary to develop a plan to guide the
projects, activities, and studies of the Office to address the
restoration and protection of the San Francisco Bay.
``(2) Revision of san francisco bay plan.--Not less often
than once every 5 years after the date of the completion of
[[Page 136 STAT. 3847]]
the plan described in paragraph (1), the Director shall review,
and revise as appropriate, the San Francisco Bay Plan.
``(3) <<NOTE: Consultation. Native Americans.>> Outreach.--
In carrying out this subsection, the Director shall consult with
the Estuary Partnership and Indian tribes and solicit input from
other non-Federal stakeholders.
``(e) Grant Program.--
``(1) <<NOTE: Contracts.>> In general.--The Director may
provide funding through cooperative agreements, grants, or other
means to State and local agencies, special districts, and public
or nonprofit agencies, institutions, and organizations,
including the Estuary Partnership, for projects, activities, and
studies identified on the annual priority list compiled under
subsection (c).
``(2) Maximum amount of grants; non-federal share.--
``(A) Maximum amount of grants.--Amounts provided to
any entity under this section for a fiscal year shall
not exceed an amount equal to 75 percent of the total
cost of any projects, activities, and studies that are
to be carried out using those amounts.
``(B) Non-federal share.--Not less than 25 percent
of the cost of any project, activity, or study carried
out using amounts provided under this section shall be
provided from non-Federal sources.
``(f) Funding.--
``(1) Administrative expenses.--Of the amount made available
to carry out this section for a fiscal year, the Director may
not use more than 5 percent to pay administrative expenses
incurred in carrying out this section.
``(2) Prohibition.--No amounts made available under this
section may be used for the administration of a management
conference under section 320.''.
(b) Puget Sound Coordinated Recovery.--Title I of the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.) is further amended by
adding at the end the following:
``SEC. 126. <<NOTE: Washington. 33 USC 1276b.>> PUGET SOUND.
``(a) Definitions.--In this section:
``(1) Coastal nonpoint pollution control program.--The term
`Coastal Nonpoint Pollution Control Program' means the State of
Washington's Coastal Nonpoint Pollution Control Program approved
under section 6217 of the Coastal Zone Act Reauthorization
Amendments of 1990.
``(2) Director.--The term `Director' means the Director of
the Program Office.
``(3) Federal action plan.--The term `Federal Action Plan'
means the plan developed under subsection (c)(3)(B).
``(4) International joint commission.--The term
`International Joint Commission' means the International Joint
Commission established by the Treaty relating to the boundary
waters and questions arising along the boundary between the
United States and Canada, signed at Washington January 11, 1909,
and entered into force May 5, 1910 (36 Stat. 2448; TS 548; 12
Bevans 319).
``(5) Pacific salmon commission.--The term `Pacific Salmon
Commission' means the Pacific Salmon Commission established by
the United States and Canada under the Treaty concerning Pacific
salmon, with annexes and memorandum of understanding, signed at
Ottawa January 28, 1985, and entered
[[Page 136 STAT. 3848]]
into force March 18, 1985 (TIAS 11091; 1469 UNTS 357) (commonly
known as the `Pacific Salmon Treaty').
``(6) Program office.--The term `Program Office' means the
Puget Sound Recovery National Program Office established by
subsection (b).
``(7) Puget sound action agenda; action agenda.--The term
`Puget Sound Action Agenda' or `Action Agenda' means the most
recent plan developed by the Puget Sound National Estuary
Program Management Conference, in consultation with the Puget
Sound Tribal Management Conference, and approved by the
Administrator as the comprehensive conservation and management
plan for the Puget Sound under section 320.
``(8) Puget sound federal leadership task force.--The term
`Puget Sound Federal Leadership Task Force' means the Puget
Sound Federal Leadership Task Force established under subsection
(c).
``(9) Puget sound federal task force.--The term `Puget Sound
Federal Task Force' means the Puget Sound Federal Task Force
established in 2016 under a memorandum of understanding among 9
Federal agencies.
``(10) Puget sound national estuary program management
conference.--The term `Puget Sound National Estuary Program
Management Conference' means the management conference for the
Puget Sound convened pursuant to section 320.
``(11) Puget sound partnership.--The term `Puget Sound
Partnership' means the State agency created under the laws of
the State of Washington (section 90.71.210 of the Revised Code
of Washington), or its successor agency that has been designated
by the Administrator as the lead entity to support the Puget
Sound National Estuary Program Management Conference.
``(12) Puget sound region.--
``(A) In general.--The term `Puget Sound region'
means the land and waters in the northwest corner of the
State of Washington from the Canadian border to the
north to the Pacific Ocean on the west, including Hood
Canal and the Strait of Juan de Fuca.
``(B) Inclusion.--The term `Puget Sound region'
includes all watersheds that drain into the Puget Sound.
``(13) Puget sound tribal management conference.--The term
`Puget Sound Tribal Management Conference' means the 20 treaty
Indian tribes of western Washington and the Northwest Indian
Fisheries Commission.
``(14) Salish sea.--The term `Salish Sea' means the network
of coastal waterways on the west coast of North America that
includes the Puget Sound, the Strait of Georgia, and the Strait
of Juan de Fuca.
``(15) Salmon recovery plans.--The term `Salmon Recovery
Plans' means the recovery plans for salmon and steelhead species
approved by the Secretary of the Interior under section 4(f) of
the Endangered Species Act of 1973 that are applicable to the
Puget Sound region.
``(16) State advisory committee.--The term `State Advisory
Committee' means the advisory committee established by
subsection (d).
``(17) Treaty rights at risk initiative.--The term `Treaty
Rights at Risk Initiative' means the report from the treaty
[[Page 136 STAT. 3849]]
Indian tribes of western Washington entitled `Treaty Rights At
Risk: Ongoing Habitat Loss, the Decline of the Salmon Resource,
and Recommendations for Change' and dated July 14, 2011, or its
successor report that outlines issues and offers solutions for
the protection of Tribal treaty rights, recovery of salmon
habitat, and management of sustainable treaty and nontreaty
salmon fisheries, including through Tribal salmon hatchery
programs.
``(b) Puget Sound Recovery National Program Office.--
``(1) Establishment.--There is established in the
Environmental Protection Agency a Puget Sound Recovery National
Program Office, to be located in the State of Washington.
``(2) Director.--
``(A) In general.--There shall be a Director of the
Program Office, who shall have leadership and project
management experience and shall be highly qualified to--
``(i) direct the integration of multiple
project planning efforts and programs from
different agencies and jurisdictions; and
``(ii) align numerous, and possibly competing,
priorities to accomplish visible and measurable
outcomes under the Action Agenda.
``(B) Position.--The position of Director of the
Program Office shall be a career reserved position, as
such term is defined in section 3132 of title 5, United
States Code.
``(3) Delegation of authority; staffing.--Using amounts made
available to carry out this section, the Administrator shall
delegate to the Director such authority and provide such staff
as may be necessary to carry out this section.
``(4) Duties.--The Director shall--
``(A) coordinate and manage the timely execution of
the requirements of this section, including the
formation and meetings of the Puget Sound Federal
Leadership Task Force;
``(B) coordinate activities related to the
restoration and protection of the Puget Sound across the
Environmental Protection Agency;
``(C) coordinate and align the activities of the
Administrator with the Action Agenda, Salmon Recovery
Plans, the Treaty Rights at Risk Initiative, and the
Coastal Nonpoint Pollution Control Program;
``(D) promote the efficient use of Environmental
Protection Agency resources in pursuit of the
restoration and protection of the Puget Sound;
``(E) serve on the Puget Sound Federal Leadership
Task Force and collaborate with, help coordinate, and
implement activities with other Federal agencies that
have responsibilities involving the restoration and
protection of the Puget Sound;
``(F) provide or procure such other advice,
technical assistance, research, assessments, monitoring,
or other support as is determined by the Director to be
necessary or prudent to most efficiently and effectively
fulfill the objectives and priorities of the Action
Agenda, the Salmon Recovery Plans, the Treaty Rights at
Risk Initiative, and the Coastal Nonpoint Pollution
Control Program, consistent
[[Page 136 STAT. 3850]]
with the best available science, to ensure the health of
the Puget Sound ecosystem;
``(G) track the progress of the Environmental
Protection Agency toward meeting the agency's specified
objectives and priorities within the Action Agenda and
the Federal Action Plan;
``(H) implement the recommendations of the
Comptroller General set forth in the report entitled
`Puget Sound Restoration: Additional Actions Could
Improve Assessments of Progress' and dated July 19,
2018;
``(I) serve as liaison and coordinate activities for
the restoration and protection of the Salish Sea with
Canadian authorities, the Pacific Salmon Commission, and
the International Joint Commission; and
``(J) carry out such additional duties as the
Director determines necessary and appropriate.
``(c) Puget Sound Federal Leadership Task Force.--
``(1) Establishment.--There is established a Puget Sound
Federal Leadership Task Force.
``(2) Membership.--
``(A) <<NOTE: Appointments.>> Composition.--The
Puget Sound Federal Leadership Task Force shall be
composed of the following members:
``(i) The following individuals appointed by
the Secretary of Agriculture:
``(I) A representative of the
National Forest Service.
``(II) A representative of the
Natural Resources Conservation Service.
``(ii) A representative of the National
Oceanic and Atmospheric Administration appointed
by the Secretary of Commerce.
``(iii) The following individuals appointed by
the Secretary of Defense:
``(I) A representative of the Corps
of Engineers.
``(II) A representative of the Joint
Base Lewis-McChord.
``(III) A representative of the
Commander, Navy Region Northwest.
``(iv) The Director of the Program Office.
``(v) The following individuals appointed by
the Secretary of Homeland Security:
``(I) A representative of the Coast
Guard.
``(II) A representative of the
Federal Emergency Management Agency.
``(vi) The following individuals appointed by
the Secretary of the Interior:
``(I) A representative of the Bureau
of Indian Affairs.
``(II) A representative of the
United States Fish and Wildlife Service.
``(III) A representative of the
United States Geological Survey.
``(IV) A representative of the
National Park Service.
``(vii) The following individuals appointed by
the Secretary of Transportation:
[[Page 136 STAT. 3851]]
``(I) A representative of the
Federal Highway Administration.
``(II) A representative of the
Federal Transit Administration.
``(viii) Representatives of such other Federal
agencies, programs, and initiatives as the other
members of the Puget Sound Federal Leadership Task
Force determines necessary.
``(B) Qualifications.--Members appointed under this
paragraph shall have experience and expertise in matters
of restoration and protection of large watersheds and
bodies of water, or related experience that will benefit
the restoration and protection of the Puget Sound.
``(C) Co-chairs.--
``(i) In general.--The following members of
the Puget Sound Federal Leadership Task Force
shall serve as Co-Chairs of the Puget Sound
Federal Leadership Task Force:
``(I) The representative of the
National Oceanic and Atmospheric
Administration.
``(II) The Director of the Program
Office.
``(III) The representative of the
Corps of Engineers.
``(ii) Leadership.--The Co-Chairs shall ensure
the Puget Sound Federal Leadership Task Force
completes its duties through robust discussion of
all relevant issues. The Co-Chairs shall share
leadership responsibilities equally.
``(3) Duties.--
``(A) General duties.--The Puget Sound Federal
Leadership Task Force shall--
``(i) uphold Federal trust responsibilities to
restore and protect resources crucial to Tribal
treaty rights, including by carrying out
government-to-government consultation with Indian
tribes when requested by such tribes;
``(ii) provide a venue for dialogue and
coordination across all Federal agencies
represented by a member of the Puget Sound Federal
Leadership Task Force to align Federal resources
for the purposes of carrying out the requirements
of this section and all other Federal laws that
contribute to the restoration and protection of
the Puget Sound, including by--
``(I) enabling and encouraging such
agencies to act consistently with the
objectives and priorities of the Action
Agenda, the Salmon Recovery Plans, the
Treaty Rights at Risk Initiative, and
the Coastal Nonpoint Pollution Control
Program;
``(II) facilitating the coordination
of Federal activities that impact such
restoration and protection;
``(III) facilitating the delivery of
feedback given by such agencies to the
Puget Sound Partnership during the
development of the Action Agenda;
``(IV) facilitating the resolution
of interagency conflicts associated with
such restoration and protection among
such agencies;
[[Page 136 STAT. 3852]]
``(V) providing a forum for
exchanging information among such
agencies regarding activities being
conducted, including obstacles or
efficiencies found, during restoration
and protection activities; and
``(VI) promoting the efficient use
of government resources in pursuit of
such restoration and protection through
coordination and collaboration,
including by ensuring that the Federal
efforts relating to the science
necessary for such restoration and
protection are consistent, and not
duplicative, across the Federal
Government;
``(iii) catalyze public leaders at all levels
to work together toward shared goals by
demonstrating interagency best practices coming
from such agencies;
``(iv) provide advice and support on
scientific and technical issues and act as a forum
for the exchange of scientific information about
the Puget Sound;
``(v) identify and inventory Federal
environmental research and monitoring programs
related to the Puget Sound, and provide such
inventory to the Puget Sound National Estuary
Program Management Conference;
``(vi) ensure that Puget Sound restoration and
protection activities are as consistent as
practicable with ongoing restoration and
protection and related efforts in the Salish Sea
that are being conducted by Canadian authorities,
the Pacific Salmon Commission, and the
International Joint Commission;
``(vii) ensure that Puget Sound restoration
and protection activities are consistent with
national security interests;
``(viii) establish any working groups or
committees necessary to assist the Puget Sound
Federal Leadership Task Force in its duties,
including relating to public policy and scientific
issues; and
``(ix) raise national awareness of the
significance of the Puget Sound.
``(B) Puget sound federal action plan.--
``(i) <<NOTE: Deadline.>> In general.--Not
later than 5 years after the date of enactment of
this section, the Puget Sound Federal Leadership
Task Force shall develop and approve a Federal
Action Plan that leverages Federal programs across
agencies and serves to coordinate diverse programs
and priorities for the restoration and protection
of the Puget Sound.
``(ii) Revision of puget sound federal action
plan.--Not <<NOTE: Deadline. Review.>> less often
than once every 5 years after the date of approval
of the Federal Action Plan under clause (i), the
Puget Sound Federal Leadership Task Force shall
review, and revise as appropriate, the Federal
Action Plan.
``(C) Feedback by federal agencies.--In facilitating
feedback under subparagraph (A)(ii)(III), the Puget
Sound Federal Leadership Task Force shall request
Federal agencies to consider, at a minimum, possible
Federal actions within the Puget Sound region designed
to--
[[Page 136 STAT. 3853]]
``(i) further the goals, targets, and actions
of the Action Agenda, the Salmon Recovery Plans,
the Treaty Rights at Risk Initiative, and the
Coastal Nonpoint Pollution Control Program;
``(ii) as applicable, implement and enforce
this Act, the Endangered Species Act of 1973, and
all other Federal laws that contribute to the
restoration and protection of the Puget Sound,
including those that protect Tribal treaty rights;
``(iii) prevent the introduction and spread of
invasive species;
``(iv) protect marine and wildlife habitats;
``(v) protect, restore, and conserve forests,
wetlands, riparian zones, and nearshore waters;
``(vi) promote resilience to climate change
and ocean acidification effects;
``(vii) restore fisheries so that they are
sustainable and productive;
``(viii) preserve biodiversity;
``(ix) restore and protect ecosystem services
that provide clean water, filter toxic chemicals,
and increase ecosystem resilience; and
``(x) improve water quality, including by
preventing and managing stormwater runoff,
incorporating erosion control techniques and trash
capture devices, using sustainable stormwater
practices, and mitigating and minimizing nonpoint
source pollution, including marine litter.
``(4) Participation of state advisory committee and puget
sound tribal management conference.--The Puget Sound Federal
Leadership Task Force shall carry out its duties with input
from, and in collaboration with, the State Advisory Committee
and the Puget Sound Tribal Management Conference, including by
seeking advice and recommendations on the actions, progress, and
issues pertaining to the restoration and protection of the Puget
Sound.
``(5) Meetings.--
``(A) <<NOTE: Deadline. Determinations.>> Initial
meeting.--The Puget Sound Federal Leadership Task Force
shall meet not later than 180 days after the date of
enactment of this section--
``(i) to determine if all Federal agencies are
properly represented;
``(ii) <<NOTE: Bylaws.>> to establish the
bylaws of the Puget Sound Federal Leadership Task
Force;
``(iii) to establish necessary working groups
or committees; and
``(iv) to determine subsequent meeting times,
dates, and logistics.
``(B) <<NOTE: Time period.>> Subsequent meetings.--
After the initial meeting, the Puget Sound Federal
Leadership Task Force shall meet, at a minimum, twice
per year to carry out the duties of the Puget Sound
Federal Leadership Task Force.
``(C) Working group meetings.--A meeting of any
established working group or committee of the Puget
Sound Federal Leadership Task Force shall not be
considered a biannual meeting for purposes of
subparagraph (B).
[[Page 136 STAT. 3854]]
``(D) Joint meetings.--The Puget Sound Federal
Leadership Task Force--
``(i) shall offer to meet jointly with the
Puget Sound National Estuary Program Management
Conference and the Puget Sound Tribal Management
Conference, at a minimum, once per year; and
``(ii) may consider such a joint meeting to be
a biannual meeting of the Puget Sound Federal
Leadership Task Force for purposes of subparagraph
(B).
``(E) Quorum.--A simple majority of the members of
the Puget Sound Federal Leadership Task Force shall
constitute a quorum.
``(F) Voting.--For the Puget Sound Federal
Leadership Task Force to take an official action, a
quorum shall be present, and at least a two-thirds
majority of the members present shall vote in the
affirmative.
``(6) Puget sound federal leadership task force procedures
and advice.--
``(A) Advisors.--The Puget Sound Federal Leadership
Task Force may seek advice and input from any
interested, knowledgeable, or affected party as the
Puget Sound Federal Leadership Task Force determines
necessary to perform its duties.
``(B) Compensation.--A member of the Puget Sound
Federal Leadership Task Force shall receive no
additional compensation for service as a member on the
Puget Sound Federal Leadership Task Force.
``(C) Travel expenses.--Travel expenses incurred by
a member of the Puget Sound Federal Leadership Task
Force in the performance of service on the Puget Sound
Federal Leadership Task Force may be paid by the agency
that the member represents.
``(7) Puget sound federal task force.--
``(A) <<NOTE: Termination date.>> In general.--On
the date of enactment of this section, the 2016
memorandum of understanding establishing the Puget Sound
Federal Task Force shall cease to be effective.
``(B) Use of previous work.--The Puget Sound Federal
Leadership Task Force shall, to the extent practicable,
use the work product produced, relied upon, and analyzed
by the Puget Sound Federal Task Force in order to avoid
duplicating the efforts of the Puget Sound Federal Task
Force.
``(d) State Advisory Committee.--
``(1) Establishment.--There is established a State Advisory
Committee.
``(2) <<NOTE: Designation.>> Membership.--The State Advisory
Committee shall consist of up to seven members designated by the
governing body of the Puget Sound Partnership, in consultation
with the Governor of Washington, who will represent Washington
State agencies that have significant roles and responsibilities
related to the restoration and protection of the Puget Sound.
``(e) Puget Sound Federal Leadership Task Force Biennial Report on
Puget Sound Restoration and Protection Activities.--
``(1) <<NOTE: Summary.>> In general.--Not later than 1 year
after the date of enactment of this section, and biennially
thereafter, the
[[Page 136 STAT. 3855]]
Puget Sound Federal Leadership Task Force, in collaboration with
the Puget Sound Tribal Management Conference and the State
Advisory Committee, shall submit to the President, Congress, the
Governor of Washington, and the governing body of the Puget
Sound Partnership a report that summarizes the progress,
challenges, and milestones of the Puget Sound Federal Leadership
Task Force relating to the restoration and protection of the
Puget Sound.
``(2) <<NOTE: Summaries.>> Contents.--The report submitted
under paragraph (1) shall include a description of the
following:
``(A) The roles and progress of each State, local
government entity, and Federal agency that has
jurisdiction in the Puget Sound region relating to
meeting the identified objectives and priorities of the
Action Agenda, the Salmon Recovery Plans, the Treaty
Rights at Risk Initiative, and the Coastal Nonpoint
Pollution Control Program.
``(B) If available, the roles and progress of Tribal
governments that have jurisdiction in the Puget Sound
region relating to meeting the identified objectives and
priorities of the Action Agenda, the Salmon Recovery
Plans, the Treaty Rights at Risk Initiative, and the
Coastal Nonpoint Pollution Control Program.
``(C) A summary of specific recommendations
concerning implementation of the Action Agenda and the
Federal Action Plan, including challenges, barriers, and
anticipated milestones, targets, and timelines.
``(D) A summary of progress made by Federal agencies
toward the priorities identified in the Federal Action
Plan.
``(f) Tribal Rights and Consultation.--
``(1) Preservation of tribal treaty rights.--Nothing in this
section affects, or is intended to affect, any right reserved by
treaty between the United States and one or more Indian tribes.
``(2) Consultation.--Nothing in this section affects any
authorization or obligation of a Federal agency to consult with
an Indian tribe under any other provision of law.
``(g) Consistency.--
``(1) In general.--Actions authorized or implemented under
this section shall be consistent with--
``(A) the Salmon Recovery Plans;
``(B) the Coastal Nonpoint Pollution Control
Program; and
``(C) the water quality standards of the State of
Washington approved by the Administrator under section
303.
``(2) Federal actions.--All Federal agencies represented on
the Puget Sound Federal Leadership Task Force shall act
consistently with the protection of Tribal, treaty-reserved
rights and, to the greatest extent practicable given such
agencies' existing obligations under Federal law, act
consistently with the objectives and priorities of the Action
Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk
Initiative, and the Coastal Nonpoint Pollution Control Program,
when--
``(A) conducting Federal agency activities within or
outside the Puget Sound that affect any land or water
use or natural resources of the Puget Sound region,
including activities performed by a contractor for the
benefit of a Federal agency;
[[Page 136 STAT. 3856]]
``(B) interpreting and enforcing regulations that
impact the restoration and protection of the Puget
Sound;
``(C) issuing Federal licenses or permits that
impact the restoration and protection of the Puget
Sound; and
``(D) granting Federal assistance to State, local,
and Tribal governments for activities related to the
restoration and protection of the Puget Sound.''.
(c) Lake Pontchartrain Basin Restoration Program.--
(1) Review of comprehensive management plan.--Section 121 of
the Federal Water Pollution Control Act (33 U.S.C. 1273) is
amended--
(A) in subsection (c)--
(i) in paragraph (5), by striking ``; and''
and inserting a semicolon;
(ii) in paragraph (6), by striking the period
and inserting ``; and''; and
(iii) by adding at the end the following:
``(7) <<NOTE: Deadline.>> ensure that the comprehensive
conservation and management plan approved for the Basin under
section 320 is reviewed and revised in accordance with section
320 not less often than once every 5 years, beginning on the
date of enactment of this paragraph.''; and
(B) in subsection (d), by striking ``recommended by
a management conference convened for the Basin under
section 320'' and inserting ``identified in the
comprehensive conservation and management plan approved
for the Basin under section 320''.
(2) Definitions.--Section 121(e)(1) of the Federal Water
Pollution Control Act (33 U.S.C. 1273(e)(1)) is amended by
striking ``, a 5,000 square mile'' and inserting ``, a 10,000
square mile''.
(3) Administrative costs.--Section 121(f) of the Federal
Water Pollution Control Act (33 U.S.C. 1273(f)) is amended by
adding at the end the following:
``(3) Administrative expenses.--Not more than 5 percent of
the amounts appropriated to carry out this section may be used
for administrative expenses.''.
SEC. 8502. NONPOINT SOURCE MANAGEMENT PROGRAMS.
Section 319(j) of the Federal Water Pollution Control Act (33 U.S.C.
1329(j)) is amended by striking ``subsections (h) and (i) not to
exceed'' and all that follows through ``fiscal year 1991'' and inserting
``subsections (h) and (i) $200,000,000 for each of fiscal years 2023
through 2027''.
SEC. 8503. WASTEWATER ASSISTANCE TO COLONIAS.
Section 307 of the Safe Drinking Water Act Amendments of 1996 (33
U.S.C. 1281 note) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) <<NOTE: Definition.>> Covered entity.--The term
`covered entity' means each of the following:
``(A) A border State.
``(B) A local government with jurisdiction over an
eligible community.'';
[[Page 136 STAT. 3857]]
(2) in subsection (b), by striking ``border State'' and
inserting ``covered entity'';
(3) in subsection (d), by striking ``shall not exceed 50
percent'' and inserting ``may not be less than 80 percent''; and
(4) in subsection (e)--
(A) by striking ``$25,000,000'' and inserting
``$100,000,000''; and
(B) by striking ``1997 through 1999'' and inserting
``2023 through 2027''.
DIVISION I-- <<NOTE: Department of State Authorization Act of
2022.>> DEPARTMENT OF STATE AUTHORIZATIONS
SEC. 9001. SHORT TITLE.
This division may be cited as the ``Department of State
Authorization Act of 2022''.
SEC. 9002. <<NOTE: 22 USC 2651 note.>> DEFINITIONS.
In this division:
(1) Administrator.--The term ``Administrator'' means the
Administrator of USAID.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives.
(3) Department.--Unless otherwise specified, the term
``Department'' means the Department of State.
(4) Secretary.--Unless otherwise specified, the term
``Secretary'' means the Secretary of State.
(5) USAID.--The term ``USAID'' means the United States
Agency for International Development.
TITLE XCI--ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE
SEC. 9101. MODERNIZING THE BUREAU OF ARMS CONTROL, VERIFICATION,
AND COMPLIANCE AND THE BUREAU OF
INTERNATIONAL SECURITY AND
NONPROLIFERATION.
It is the sense of Congress that--
(1) the Secretary should take steps to address staffing
shortfalls in the chemical, biological, and nuclear weapons
issue areas in the Bureau of Arms Control, Verification and
Compliance and in the Bureau of International Security and
Nonproliferation;
(2) maintaining a fully staffed and resourced Bureau of Arms
Control, Verification and Compliance and Bureau of International
Security and Nonproliferation is necessary to effectively
confront the threat of increased global proliferation; and
(3) the Secretary, acting through the Bureau of Arms
Control, Verification and Compliance and the Bureau of
International Security and Nonproliferation, should increase
efforts and dedicate resources to combat the dangers posed by
the People's Republic of China's conventional and nuclear build-
[[Page 136 STAT. 3858]]
up, the Russian Federation's tactical nuclear weapons and new
types of nuclear weapons, bioweapons proliferation, dual use of
life sciences research, and chemical weapons.
SEC. 9102. NOTIFICATION TO CONGRESS FOR UNITED STATES NATIONALS
UNLAWFULLY OR WRONGFULLY DETAINED
ABROAD.
Section 302 of the Robert Levinson Hostage Recovery and Hostage-
Taking Accountability Act (22 U.S.C. 1741) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by inserting ``, as expeditiously as possible,'' after
``review''; and
(2) by amending subsection (b) to read as follows:
``(b) Referrals to Special Envoy; Notification to Congress.--
``(1) <<NOTE: Determination.>> In general.--Upon a
determination by the Secretary of State, based on the totality
of the circumstances, that there is credible information that
the detention of a United States national abroad is unlawful or
wrongful, and regardless of whether the detention is by a
foreign government or a nongovernmental actor, the Secretary
shall--
``(A) expeditiously transfer responsibility for such
case from the Bureau of Consular Affairs of the
Department of State to the Special Presidential Envoy
for Hostage Affairs; and
``(B) <<NOTE: Deadline. Summary.>> not later than 14
days after such determination, notify the Committee on
Foreign Relations of the Senate, the Select Committee on
Intelligence of the Senate, the Committee on Foreign
Affairs of the House of Representatives, and the
Permanent Select Committee on Intelligence of the House
of Representatives of such determination and provide
such committees with a summary of the facts that led to
such determination.
``(2) Form.--The notification described in paragraph (1)(B)
may be classified, if necessary.''.
SEC. 9103. FAMILY ENGAGEMENT COORDINATOR.
Section 303 of the Robert Levinson Hostage Recovery and Hostage-
Taking Accountability Act (22 U.S.C. 1741a) is amended by adding at the
end the following:
``(d) Family Engagement Coordinator.--There shall be, in the Office
of the Special Presidential Envoy for Hostage Affairs, a Family
Engagement Coordinator, who shall ensure--
``(1) for a United States national unlawfully or wrongfully
detained abroad, that--
``(A) any interaction by executive branch officials
with any family member of such United States national
occurs in a coordinated fashion;
``(B) such family member receives consistent and
accurate information from the United States Government;
and
``(C) appropriate coordination with the Family
Engagement Coordinator described in section 304(c)(2);
and
``(2) for a United States national held hostage abroad, that
any engagement with a family member is coordinated with,
consistent with, and not duplicative of the efforts of the
Family Engagement Coordinator described in section 304(c)(2).''.
[[Page 136 STAT. 3859]]
SEC. 9104. REWARDS FOR JUSTICE.
Section 36(b) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2708(b)) is amended--
(1) in paragraph (4), by striking ``or (10);'' and inserting
``(10), or (14);'';
(2) in paragraph (12), by striking ``or'' at the end;
(3) in paragraph (13), by striking the period at the end and
inserting ``; or''; and
(4) by adding at the end the following:
``(14) the prevention, frustration, or resolution of the
hostage taking of a United States person, the identification,
location, arrest, or conviction of a person responsible for the
hostage taking of a United States person, or the location of a
United States person who has been taken hostage, in any
country.''.
SEC. 9105. ENSURING GEOGRAPHIC DIVERSITY AND ACCESSIBILITY OF
PASSPORT AGENCIES.
(a) Sense of Congress.--It is the sense of Congress that Department
initiatives to expand passport services and accessibility, including
through online modernization projects, should include the construction
of new physical passport agencies.
(b) Review.--The Secretary shall conduct a review of the geographic
diversity and accessibility of existing passport agencies to identify--
(1) the geographic areas in the continental United States
that are farther than 6 hours' driving distance from the nearest
passport agency;
(2) the per capita demand for passport services in the areas
described in paragraph (1); and
(3) <<NOTE: Plan.>> a plan to ensure that in-person services
at physical passport agencies are accessible to all eligible
Americans, including Americans living in large population
centers, in rural areas, and in States with a high per capita
demand for passport services.
(c) Considerations.--The Secretary shall consider the metrics
identified in paragraphs (1) and (2) of subsection (b) when determining
locations for the establishment of new physical passport agencies.
(d) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary shall submit a report to the Committee on
Foreign Relations of the Senate, the Committee on Appropriations of the
Senate, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Appropriations of the House of
Representatives that contains the findings of the review conducted
pursuant to subsection (b).
SEC. 9106. CULTURAL ANTIQUITIES TASK FORCE.
The Secretary is authorized to use up to $1,200,000 for grants to
carry out the activities of the Cultural Antiquities Task Force.
SEC. 9107. OFFICE OF SANCTIONS COORDINATION.
(a) Extension of Authorities.--Section 1 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2651a) is amended, in paragraph
(4)(B) of subsection (l), as redesignated by section 9502(a)(2) of this
Act, by striking ``the date that is two years after the date of the
enactment of this subsection'' and inserting ``December 31, 2024''.
[[Page 136 STAT. 3860]]
(b) <<NOTE: Deadline.>> Briefing.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of the Treasury, or the
Secretary's designee, shall brief the appropriate congressional
committees with respect to the steps that the Office of Sanctions
Coordination has taken to coordinate its activities with the Department
of the Treasury and humanitarian aid programs, in an effort to help
ensure appropriate flows of humanitarian assistance and goods to
countries subject to United States sanctions.
SEC. 9108. SENSE OF CONGRESS AND STRATEGIC PLAN REGARDING THE
DEPARTMENT OF STATE'S UNIT FOR
SUBNATIONAL DIPLOMACY.
(a) Definitions.--In this section:
(1) Municipal.--The term ``municipal'' means the government
of a city in the United States with a population of not fewer
than 100,000 people.
(2) State.--The term ``State'' means the 50 States of the
United States, the District of Columbia, and any territory or
possession of the United States.
(3) Subnational engagement.--The term ``subnational
engagement'' means formal meetings or events between elected
officials of a State or municipal government and their foreign
counterparts.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the growth of subnational cooperation has enabled States
and municipalities to play an increasingly significant role in
foreign policy and complement the efforts of the Department;
(2) the Department's recently established Unit for
Subnational Diplomacy will play a critical role in leveraging
the Department's resources to support State and municipal
governments in conducting subnational engagement and increasing
cooperation with foreign allies and partners; and
(3) in facilitating such subnational engagements, the
Department should engage with a broad array of United States
cities without regard to their population size or location;
(c) Strategic Plan.--The Special Representative for Subnational
Diplomacy shall submit a strategic plan to the appropriate congressional
committees for the operations of the Unit for Subnational Diplomacy,
including the Department's plans for--
(1) supporting subnational engagements involving
policymakers from urban and rural areas to improve United States
foreign policy effectiveness;
(2) enhancing the awareness, understanding, and involvement
of United States citizens, including citizens residing in urban
and rural areas, in the foreign policy process;
(3) countering subnational diplomacy efforts from
adversarial nations;
(4) strengthening engagement with foreign subnational
governments; and
(5) any other operations that the Secretary determines to be
relevant.
(d) Rule of Construction.--Nothing in this subsection may be
construed to preclude--
(1) the Unit for Subnational Diplomacy Office from being
elevated to a bureau within the Department; or
[[Page 136 STAT. 3861]]
(2) the Special Representative for Subnational Diplomacy
from being elevated to an Assistant Secretary if the addition of
such Assistant Secretary position does not increase the number
of Assistant Secretary positions at the Department above the
number of such positions authorized under section 1(c)(1) of the
State Department Basic Authorities Act of 1956 (22 U.S.C.
2651a(c)(1)).
TITLE XCII--PERSONNEL ISSUES
SEC. 9201. <<NOTE: 22 USC 2737.>> DEPARTMENT OF STATE PAID STUDENT
INTERNSHIP PROGRAM.
(a) In General.--The Secretary shall establish the Department of
State Student Internship Program (referred to in this section as the
``Program'') to offer internship opportunities at the Department to
eligible students to raise awareness of the essential role of diplomacy
in the conduct of United States foreign policy and the realization of
United States foreign policy objectives.
(b) Eligibility.--
(1) In general.--An applicant is eligible to participate in
the Program if the applicant is enrolled at--
(A) an institution of higher education (as such term
is defined in section 102(a) of the Higher Education Act
of 1965 (20 U.S.C. 1002(a))); or
(B) an institution of higher education based outside
the United States, as determined by the Secretary of
State.
(2) Additional eligibility criteria.--An applicant in the
Program should be--
(A) enrolled at least half-time in an institution
described in paragraph (1); and
(B) eligible to receive and hold an appropriate
security clearance.
(c) Selection.--The Secretary shall establish selection criteria for
students to be admitted into the Program that includes a demonstrated
interest in a career in foreign affairs.
(d) Outreach.--The Secretary shall--
(1) widely advertise the Program, including--
(A) on the internet;
(B) through the Department's Diplomats in Residence
program; and
(C) through other outreach and recruiting
initiatives targeting undergraduate and graduate
students; and
(2) conduct targeted outreach to encourage participation in
the Program from--
(A) individuals belonging to an underrepresented
group; and
(B) students enrolled at minority-serving
institutions (which shall include any institution listed
in section 371(a) of the Higher Education Act of 1965
(20 U.S.C. 1067q(a)).
(e) Compensation.--
(1) Housing assistance.--
(A) Abroad.--The Secretary shall provide housing
assistance to any student participating in the Program
whose permanent address is within the United States if
the location of the internship in which such student is
participating is outside of the United States.
[[Page 136 STAT. 3862]]
(B) Domestic.--The Secretary may provide housing
assistance to a student participating in the Program
whose permanent address is within the United States if
the location of the internship in which such student is
participating is more than 50 miles away from such
student's permanent address.
(2) Travel assistance.--The Secretary shall provide a
student participating in the Program whose permanent address is
within the United States with financial assistance that is
sufficient to cover the travel costs of a single round trip by
air, train, bus, or other appropriate transportation between the
student's permanent address and the location of the internship
in which such student is participating if such location is--
(A) more than 50 miles from the student's permanent
address; or
(B) outside of the United States.
(f) Working With Institutions of Higher Education.--The Secretary,
to the maximum extent practicable, shall structure internships to ensure
that such internships satisfy criteria for academic credit at the
institutions of higher education in which participants in such
internships are enrolled.
(g) Transition Period.--
(1) <<NOTE: Effective date.>> In general.--Except as
provided in paragraphs (2) and (3), beginning not later than 2
years after the date of the enactment of this Act--
(A) the Secretary shall convert unpaid internship
programs of the Department, including the Foreign
Service Internship Program, to internship programs that
offer compensation; and
(B) upon selection as a candidate for entry into an
internship program of the Department, a participant in
such internship program may refuse compensation,
including if doing so allows such participant to receive
college or university curricular credit.
(2) Exception.--The transition required under paragraph (1)
shall not apply to unpaid internship programs of the Department
that are part of the Virtual Student Federal Service internship
program.
(3) Waiver.--
(A) <<NOTE: Determination. Reports.>> In general.--
The Secretary may waive the requirement under paragraph
(1)(A) with respect to a particular unpaid internship
program if the Secretary, not later than 30 days after
making a determination that the conversion of such
internship program to a compensated internship program
would not be consistent with effective management goals,
submits a report explaining such determination to--
(i) the appropriate congressional committees;
(ii) the Committee on Appropriations of the
Senate; and
(iii) the Committee on Appropriations of the
House of Representatives.
(B) Report.--The report required under subparagraph
(A) shall--
(i) describe the reasons why converting an
unpaid internship program of the Department to an
internship
[[Page 136 STAT. 3863]]
program that offers compensation would not be
consistent with effective management goals; and
(ii)(I) provide justification for maintaining
such unpaid status indefinitely; or
(II) identify any additional authorities or
resources that would be necessary to convert such
unpaid internship program to offer compensation in
the future.
(h) Reports.--Not later than 18 months after the date of the
enactment of this Act, the Secretary shall submit a report to the
committees referred to in subsection (g)(3)(A) that includes--
(1) <<NOTE: Data.>> data, to the extent the collection of
such information is permissible by law, regarding the number of
students who applied to the Program, were offered a position,
and participated, respectively, disaggregated by race,
ethnicity, sex, institution of higher education, home State,
State where each student graduated from high school, and
disability status;
(2) <<NOTE: Data.>> data regarding the number of security
clearance investigations initiated for the students described in
paragraph (1), including the timeline for such investigations,
whether such investigations were completed, and when an interim
security clearance was granted;
(3) information on Program expenditures;
(4) <<NOTE: Compliance.>> information regarding the
Department's compliance with subsection (g); and
(5) the number of internship participants subsequently
employed by the Department, if any, following their
participation in the Program.
(i) Voluntary Participation.--
(1) In general.--Nothing in this section may be construed to
compel any student who is a participant in an internship program
of the Department to participate in the collection of the data
or divulge any personal information. Such students shall be
informed that their participation in the data collection under
this section is voluntary.
(2) Privacy protection.--Any data collected under this
section shall be subject to the relevant privacy protection
statutes and regulations applicable to Federal employees.
(j) Special Hiring Authority.--Notwithstanding any other provision
of law, the Secretary, in consultation with the Director of the Office
of Personnel Management, with respect to the number of interns to be
hired each year, may--
(1) select, appoint, and employ individuals for up to 1 year
through compensated internships in the excepted service; and
(2) remove any compensated intern employed pursuant to
paragraph (1) without regard to the provisions of law governing
appointments in the excepted service.
SEC. 9202. IMPROVEMENTS TO THE PREVENTION OF, AND THE RESPONSE TO,
HARASSMENT, DISCRIMINATION, SEXUAL
ASSAULT, AND RELATED RETALIATION.
(a) Policies.--The Secretary should develop and strengthen policies
regarding harassment, discrimination, sexual assault, and related
retaliation, including policies for--
(1) addressing, reporting, and providing transitioning
support;
[[Page 136 STAT. 3864]]
(2) advocacy, service referrals, and travel accommodations;
and
(3) disciplining personnel that violate Department policies
regarding harassment, discrimination, sexual assault, or related
retaliation.
(b) Disciplinary Action.--
(1) Separation for cause.--Section 610(a)(1) of the Foreign
Service Act of 1980 (22 U.S.C. 4010(a)(1)), is amended--
(A) by striking ``decide to''; and
(B) by inserting ``, including upon receiving
notification from the Bureau of Diplomatic Security that
such member has engaged in criminal misconduct, such as
murder, rape, or other sexual assault'' before the
period at the end.
(2) <<NOTE: 22 USC 4010 note.>> Update to manual.--The
Director of Global Talent Management shall--
(A) update the ``Grounds for Disciplinary Action''
and ``List of Disciplinary Offenses and Penalties''
sections of the Foreign Affairs Manual to reflect the
amendments made under paragraph (1); and
(B) <<NOTE: Notices.>> communicate such updates to
Department staff through publication in Department
Notices.
(c) Sexual Assault Prevention and Response Victim Advocates.--
The <<NOTE: 22 USC 4821 note.>> Secretary shall ensure that the
Diplomatic Security Service's Victims' Resource Advocacy Program--
(1) is appropriately staffed by advocates who are physically
present at--
(A) the headquarters of the Department; and
(B) major domestic and international facilities and
embassies, as determined by the Secretary;
(2) considers the logistics that are necessary to allow for
the expedient travel of victims from Department facilities that
do not have advocates; and
(3) uses funds available to the Department to provide
emergency food, shelter, clothing, and transportation for
victims involved in matters being investigated by the Diplomatic
Security Service.
SEC. 9203. INCREASING THE MAXIMUM AMOUNT AUTHORIZED FOR SCIENCE
AND TECHNOLOGY FELLOWSHIP GRANTS AND
COOPERATIVE AGREEMENTS.
Section 504(e)(3) of the Foreign Relations Authorization Act, Fiscal
Year 1979 (22 U.S.C. 2656d(e)(3)) is amended by striking ``$500,000''
and inserting ``$2,000,000''.
SEC. 9204. <<NOTE: 22 USC 2385 note.>> ADDITIONAL PERSONNEL TO
ADDRESS BACKLOGS IN HIRING AND
INVESTIGATIONS.
(a) In General.--The Secretary shall seek to increase the number of
personnel within the Bureau of Global Talent Management and the Office
of Civil Rights to address backlogs in hiring and investigations into
complaints conducted by the Office of Civil Rights.
(b) <<NOTE: Deadlines.>> Employment Targets.--The Secretary shall
seek to employ--
(1) not fewer than 15 additional personnel in the Bureau of
Global Talent Management and the Office of Civil Rights
(compared to the number of personnel so employed as of the day
before the date of the enactment of this Act) by the date that
is 180 days after such date of enactment; and
[[Page 136 STAT. 3865]]
(2) not fewer than 15 additional personnel in such Bureau
and Office (compared to the number of personnel so employed as
of the day before the date of the enactment of this Act) by the
date that is 1 year after such date of enactment.
SEC. 9205. <<NOTE: 22 USC 2719a.>> FOREIGN AFFAIRS TRAINING.
(a) Sense of Congress.--It is the sense of Congress that--
(1) Congress has recognized, including in division E of the
National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117-81), that the Department is a crucial national security
agency, whose employees, both Foreign Service and Civil Service,
require the best possible training and professional development
at every stage of their careers to prepare them to promote and
defend United States national interests and the health and
safety of United States citizens abroad; and
(2) the new and evolving challenges of national security in
the 21st century necessitate the expansion of standardized
training and professional development opportunities linked to
equal, accountable, and transparent promotion and leadership
practices for Department and other national security agency
personnel.
(b) Defined Term.--In this section, the term ``appropriate
committees of Congress'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
(c) Training and Professional Development Prioritization.--Section
5108(c) of division E of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81) is <<NOTE: 22 USC 2719b.>> amended
to read as follows:
``(c) Training and Professional Development Prioritization.--In
order to provide the Civil Service and the Foreign Service with the
level of professional development and training needed to effectively
advance United States interests across the world, the Secretary of State
shall--
``(1) increase relevant offerings provided by the Department
of State--
``(A) of interactive virtual instruction to make
training and professional development more accessible
and useful to personnel deployed throughout the world;
or
``(B) at partner organizations, including
universities, industry entities, and nongovernmental
organizations, throughout the United States to provide
useful outside perspectives to Department of State
personnel by providing such personnel--
``(i) a more comprehensive outlook on
different sectors of United States society;
``(ii) practical experience dealing with
commercial corporations, universities, labor
unions, and other institutions critical to United
States diplomatic success; and
``(iii) courses specifically focused on
commercial diplomacy that increase the
understanding of private
[[Page 136 STAT. 3866]]
sector needs that arise as United States companies
enter and compete in the international market;
``(2) provide the opportunity to participate in courses
using computer-based or computer-assisted simulations, allowing
civilian officers to lead decision making in a crisis
environment, and encourage officers of the Department of State,
and reciprocally, officers of other Federal departments to
participate in similar exercises held by the Department of State
or other government organizations and the private sector;
``(3) <<NOTE: Time periods.>> increase the duration and
expand the focus of certain training and professional
development courses, including by extending--
``(A) the A-100 entry-level course to as long as 12
weeks, which better matches the length of entry-level
training and professional development provided to the
officers in other national security departments and
agencies; and
``(B) the Chief of Mission course to as long as 6
weeks for first time Chiefs of Mission and creating
comparable courses for new Assistant Secretaries and
Deputy Assistant Secretaries to more accurately reflect
the significant responsibilities accompanying such
roles; and
``(4) ensure that Foreign Service officers who are assigned
to a country experiencing significant population displacement
due to the impacts of climatic and non-climatic shocks and
stresses, including rising sea levels and lack of access to
affordable and reliable energy and electricity, receive specific
instruction on United States policy with respect to resiliency
and adaptation to such climatic and non-climatic shocks and
stresses.''.
(d) Fellowships.--The Director General of the Foreign Service
shall--
(1) expand and establish new fellowship programs for Foreign
Service and Civil Service officers that include short- and long-
term opportunities at organizations, including--
(A) think tanks and nongovernmental organizations;
(B) the Department of Defense and other relevant
Federal agencies;
(C) industry entities, especially such entities
related to technology, global operations, finance, and
other fields directly relevant to international affairs;
and
(D) schools of international relations and other
relevant programs at universities throughout the United
States; and
(2) <<NOTE: Reports. Assessments.>> not later than 180 days
after the date of the enactment of this Act, submit a report to
Congress that describes how the Department could expand the
Pearson Fellows Program for Foreign Service Officers and the
Brookings Fellow Program for Civil Servants to provide fellows
in such programs with the opportunity to undertake a follow-on
assignment within the Department in an office in which fellows
will gain practical knowledge of the people and processes of
Congress, including offices other than the Legislative Affairs
Bureau, including--
(A) an assessment of the current state of
congressional fellowships, including the demand for
fellowships, support for applicants to pursue and
perform such fellowships, and
[[Page 136 STAT. 3867]]
the value the fellowships provide to both the career of
the officer and to the Department; and
(B) an assessment of the options for making
congressional fellowships for both the Foreign Service
and the Civil Service more career-enhancing.
(e) Board of Visitors of the Foreign Service Institute.--
(1) <<NOTE: Deadline.>> Establishment.--The Secretary is
authorized to establish a Board of Visitors of the Foreign
Service Institute (referred to in this subsection as the
``Board''). It is the sense of Congress that the Board should be
established not later than 1 year after the date of the
enactment of this Act.
(2) <<NOTE: Appointments. Recommenda- tions.>> Duties.--The
Board authorized by this subsection shall be comprised of 12
members, who shall be appointed by the Secretary and shall
provide the Secretary with independent advice and
recommendations regarding organizational management, strategic
planning, resource management, curriculum development, and other
matters of interest to the Foreign Service Institute, including
regular observations about how well the Department is
integrating training and professional development into the work
of the Bureau for Global Talent Management.
(3) Membership.--
(A) Qualifications.--Members of the Board shall be
appointed from among individuals who--
(i) are not officers or employees of the
Federal Government; and
(ii) are eminent authorities in the fields of
diplomacy, national security, management,
leadership, economics, trade, technology, or
advanced international relations education.
(B) Outside expertise.--
(i) In general.--Not fewer than 6 members of
the Board shall have a minimum of 10 years of
relevant expertise outside the field of diplomacy.
(ii) Prior senior service at the department.--
Not more than 6 members of the Board may be
persons who previously served in the Senior
Foreign Service or the Senior Executive Service at
the Department.
(4) Terms.--Each member of the Board shall be appointed for
a term of 3 years, except that of the members first appointed--
(A) 4 members shall be appointed for a term of 3
years;
(B) 4 members shall be appointed for a term of 2
years; and
(C) 4 members shall be appointed for a term of 1
year.
(5) Chairperson; vice chairperson.--
(A) <<NOTE: Recommenda- tion.>> Approval.--The
Chairperson and Vice Chairperson of the Board shall be
approved by the Secretary of State based upon a
recommendation from the members of the Board.
(B) Service.--The Chairperson and Vice Chairperson
shall serve at the discretion of the Secretary.
(6) Meetings.--The Board shall meet--
(A) at the call of the Director of the Foreign
Service Institute and the Chairperson; and
[[Page 136 STAT. 3868]]
(B) not fewer than 2 times per year.
(7) Compensation.--Each member of the Board shall serve
without compensation, except that a member of the Board shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies under
subchapter I of chapter 57 of title 5, United States Code, while
away from their homes or regular places of business in the
performance of service for the Board. Notwithstanding section
1342 of title 31, United States Code, the Secretary may accept
the voluntary and uncompensated service of members of the Board.
(8) Applicability of federal advisory committee act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall apply to
the Board established under this subsection.
(f) Establishment of Provost of the Foreign Service Institute.--
(1) Establishment.--There is established in the Foreign
Service Institute the position of Provost.
(2) Appointment; reporting.--The Provost shall--
(A) be appointed by the Secretary; and
(B) report to the Director of the Foreign Service
Institute.
(3) Qualifications.--The Provost, who should be a member of
the Senior Executive Service, shall have--
(A) experience in the field of diplomacy, national
security, education, management, leadership, economics,
history, trade, adult education, or technology; and
(B) significant experience outside the Department,
whether in other national security agencies or in the
private sector, and preferably in positions of authority
in educational institutions or the field of professional
development and mid-career training with oversight for
the evaluation of academic programs.
(4) Duties.--The Provost shall--
(A) oversee, review, evaluate, and coordinate the
academic curriculum for all courses taught and
administered by the Foreign Service Institute; and
(B) coordinate the development of an evaluation
system to ascertain the utility of the information and
skills imparted by each such course, such that, to the
extent practicable, performance assessments can be
included in the personnel records maintained by the
Bureau of Global Talent Management and utilized in
Foreign Service Selection Boards.
(5) <<NOTE: Determination.>> Compensation.--The Provost
shall receive a salary commensurate with the rank and experience
of a member of the Senior Executive Service, as determined by
the Secretary.
(g) Other Agency Responsibilities and Opportunities for
Congressional Staff.--
(1) Other agencies.--National security agencies other than
the Department should be afforded the ability to increase the
enrollment of their personnel in courses at the Foreign Service
Institute and other training and professional development
facilities of the Department to promote a whole-of-government
approach to mitigating national security challenges.
(2) <<NOTE: Reports.>> Congressional staff.--Not later than
180 days after the date of the enactment of this Act, the
Secretary shall
[[Page 136 STAT. 3869]]
submit a report to the appropriate committees of Congress that
describes--
(A) the training and professional development
opportunities at the Foreign Service Institute and other
Department facilities available to congressional staff;
(B) the budget impacts of offering such
opportunities to congressional staff; and
(C) potential course offerings.
(h) Strategy for Adapting Training Requirements for Modern
Diplomatic Needs.--
(1) <<NOTE: Deadline.>> In general.--Not later than 1 year
after the date of the enactment of this Act, the Secretary shall
develop and submit to the appropriate committees of Congress a
strategy for adapting and evolving training requirements to
better meet the Department's current and future needs for 21st
century diplomacy.
(2) Elements.--The strategy required under paragraph (1)
shall include the following elements:
(A) Integrating training requirements into the
Department's promotion policies, including establishing
educational and professional development standards for
training and attainment to be used as a part of tenure
and promotion guidelines.
(B) Addressing multiple existing and emerging
national security challenges, including--
(i) democratic backsliding and
authoritarianism;
(ii) countering, and assisting United States
allies to address, state-sponsored disinformation,
including through the Global Engagement Center;
(iii) cyber threats;
(iv) the aggression and malign influence of
Russia, Cuba, Iran, North Korea, the Maduro
Regime, and the Chinese Communist Party's multi-
faceted and comprehensive challenge to the rules-
based order;
(v) the implications of climate change for
United States diplomacy; and
(vi) nuclear threats.
(C) <<NOTE: Examination. Evaluation.>> An
examination of the likely advantages and disadvantages
of establishing residential training for the A-100
orientation course administered by the Foreign Service
Institute and evaluating the feasibility of residential
training for other long-term training opportunities.
(D) <<NOTE: Examination.>> An examination of the
likely advantages and disadvantages of establishing a
press freedom curriculum for the National Foreign
Affairs Training Center that enables Foreign Service
officers to better understand issues of press freedom
and the tools that are available to help protect
journalists and promote freedom of the press norms,
which may include--
(i) the historic and current issues facing
press freedom, including countries of specific
concern;
(ii) the Department's role in promoting press
freedom as an American value, a human rights
issue, and a national security imperative;
(iii) ways to incorporate press freedom
promotion into other aspects of diplomacy; and
[[Page 136 STAT. 3870]]
(iv) existing tools to assist journalists in
distress and methods for engaging foreign
governments and institutions on behalf of
individuals engaged in journalistic activity who
are at risk of harm.
(E) The expansion of external courses offered by the
Foreign Service Institute at academic institutions or
professional associations on specific topics, including
in-person and virtual courses on monitoring and
evaluation, audience analysis, and the use of emerging
technologies in diplomacy.
(3) Utilization of existing resources.--In examining the
advantages and disadvantages of establishing a residential
training program pursuant to paragraph (2)(C), the Secretary
shall--
(A) collaborate with other national security
departments and agencies that employ residential
training for their orientation courses; and
(B) consider using the Department's Foreign Affairs
Security Training Center in Blackstone, Virginia.
(i) Report and Briefing Requirements.--
(1) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit a report to
the appropriate committees of Congress that includes--
(A) <<NOTE: Strategy.>> a strategy for broadening
and deepening professional development and training at
the Department, including assessing current and future
needs for 21st century diplomacy;
(B) <<NOTE: Process.>> the process used and
resources needed to implement the strategy referred to
in subparagraph (A) throughout the Department; and
(C) <<NOTE: Evaluation.>> the results and impact of
the strategy on the workforce of the Department,
particularly the relationship between professional
development and training and promotions for Department
personnel, and the measurement and evaluation methods
used to evaluate such results.
(2) <<NOTE: Deadline.>> Briefing.--Not later than 1 year
after the date on which the Secretary submits the report
required under paragraph (1), and annually thereafter for 2
years, the Secretary shall provide to the appropriate committees
of Congress a briefing on the information required to be
included in the report.
(j) Foreign Language Maintenance Incentive Program.--
(1) <<NOTE: Determination.>> Authorization.--The Secretary
is authorized to establish and implement an incentive program,
with a similar structure as the Foreign Language Proficiency
Bonus offered by the Department of Defense, to encourage members
of the Foreign Service who possess language proficiency in any
of the languages that qualify for additional incentive pay, as
determined by the Secretary, to maintain critical foreign
language skills.
(2) <<NOTE: Plan.>> Report.--Not later than 90 days after
the date of the enactment of this Act, the Secretary shall
submit a report to the appropriate committees of Congress that
includes a detailed plan for implementing the program authorized
under paragraph (1), including anticipated resource requirements
to carry out such program.
[[Page 136 STAT. 3871]]
SEC. 9206. <<NOTE: 22 USC 2719c.>> FACILITATION AND ENCOURAGEMENT
OF TRAINING AND PROFESSIONAL DEVELOPMENT
FOR FOREIGN SERVICE AND CIVIL SERVICE
PERSONNEL.
(a) Sense of Congress.--It is the sense of Congress that recognition
throughout the Department of the value and importance of training and
professional development for Foreign Service and Civil Service personnel
is vital to the development and maintenance by such personnel of the
skills and expertise required for the Department to contribute fully and
effectively to the conduct of the foreign affairs of the United States.
(b) Study and Report.--
(1) In general.--The Secretary, in consultation with the
heads of relevant Federal agencies, shall conduct a study of the
feasibility and cost of establishing a diplomatic officers'
reserve corps or similar mechanism to augment the Department's
personnel needs at any level on a temporary or permanent basis.
(2) Elements.--In conducting the study required under
paragraph (1), the Secretary shall consider whether the
diplomatic officers' reserve corps should be modeled on the
Senior Reserve Officers' Training Corps established under
chapter 103 of title 10, United States Code, to encourage the
recruitment and retention of personnel who have the critical
language skills necessary to meet the requirements of the
Foreign Service by providing financial assistance to students
studying critical languages at institutions of higher education.
(3) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit a report to
the appropriate congressional committees that contains the
results of the study conducted pursuant to paragraph (1).
(c) Training and Development in Promotion Precepts and Evaluation
Criteria.--
(1) <<NOTE: Recommenda- tions.>> Foreign service.--The
Secretary shall take appropriate action to ensure accountability
and transparency in the evaluation of the precepts described in
section 603 of the Foreign Service Act of 1980 (22 U.S.C. 4003)
upon which the selection boards established pursuant to section
602 of such Act (22 U.S.C. 4002) make recommendations for the
promotion of members of the Foreign Service under section 601 of
such Act (22 U.S.C. 4001) by affording equal consideration to
the undertaking of training, professional development, and
foreign language acquisition and retention among any other
objective criteria considered by selection boards in making such
recommendations.
(2) Civil service.--The Secretary shall take appropriate
action to ensure that the performance standards for any job
performance appraisal system for Civil Service personnel of the
Department afford equal consideration to the undertaking of
training, professional development, and foreign language
acquisition and retention among any other objective criteria in
the evaluation of the job performance of such personnel.
(d) Response to Subordinate Training and Development Needs in
Evaluation of Supervisor Performance.--
(1) Foreign service.--The Secretary shall take appropriate
action to ensure that the evaluation of precepts for
recommendations for promotion described in subsection (c)(1) for
members of the Foreign Service in supervisory positions
[[Page 136 STAT. 3872]]
incorporates the extent to which such members appropriately
address the training and professional development needs of the
personnel under their supervision.
(2) Civil service.--The Secretary shall take appropriate
action to ensure that the performance standards described in
subsection (c)(2) for Civil Service personnel of the Department
in supervisory positions afford appropriate weight to addressing
the training and professional development needs of the personnel
under their supervision.
SEC. 9207. SECURITY CLEARANCE APPROVAL PROCESS.
(a) <<NOTE: Deadlines.>> Recommendations.--Not later than 270 days
after the date of the enactment of this Act, the Secretary, in
coordination with the Director of National Intelligence, shall submit
recommendations to the appropriate congressional committees for
streamlining the security clearance approval process within the Bureau
of Diplomatic Security so that the security clearance approval process
for Civil Service and Foreign Service applicants is completed within 6
months, on average, and within 1 year, in the vast majority of cases.
(b) Report.--Not later than 90 days after the recommendations are
submitted pursuant to subsection (a), the Secretary shall submit a
report to the Committee on Foreign Relations of the Senate, the Select
Committee on Intelligence of the Senate, the Committee on Foreign
Affairs of the House of Representatives, and the Permanent Select
Committee on Intelligence of the House of Representatives that--
(1) describes the status of the efforts of the Department to
streamline the security clearance approval process; and
(2) identifies any remaining obstacles preventing security
clearances from being completed within the time frames set forth
in subsection (a), including lack of cooperation or other
actions by other Federal departments and agencies.
SEC. 9208. ADDENDUM FOR STUDY ON FOREIGN SERVICE ALLOWANCES.
(a) <<NOTE: Deadline.>> In General.--Not later than 180 days after
the date of the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees an addendum to the report required
under section 5302 of the Department of State Authorization Act of 2021
(division E of Public Law 117-81), which shall be entitled the ``Report
on Bidding for Domestic and Overseas Posts and Filling Unfilled
Positions''. The addendum shall be prepared using input from the same
federally funded research and development center that prepared the
analysis conducted for the purposes of such report.
(b) Elements.--The addendum required under subsection (a) shall
include--
(1) the total number of domestic and overseas positions open
during the most recent summer bidding cycle;
(2) the total number of bids each position received;
(3) the number of unfilled positions at the conclusion of
the most recent summer bidding cycle, disaggregated by bureau;
and
(4) <<NOTE: Recommenda- tions. Timeline.>> detailed
recommendations and a timeline for--
(A) increasing the number of qualified bidders for
underbid positions; and
[[Page 136 STAT. 3873]]
(B) minimizing the number of unfilled positions at
the end of the bidding season.
SEC. 9209. <<NOTE: Deadlines. Notifications. 22 USC 3921
note.>> CURTAILMENTS, REMOVALS FROM
POST, AND WAIVERS OF PRIVILEGES AND
IMMUNITIES.
(a) Curtailments Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter, the
Secretary shall submit a report to the appropriate congressional
committees regarding curtailments of Department personnel from
overseas posts.
(2) <<NOTE: Time periods.>> Contents.--The Secretary shall
include in the report required under paragraph (1)--
(A) relevant information about any post that, during
the 6-month period preceding the report--
(i) had more than 5 curtailments; or
(ii) had curtailments representing more than 5
percent of Department personnel at such post; and
(B) for each post referred to in subparagraph (A),
the number of curtailments, disaggregated by month of
occurrence.
(C) Additional contents for initial report.--The
initial report submitted pursuant to paragraph (1) shall
identify--
(i) the number of curtailments at the Deputy
Chief of Mission or Principal Officer level for
each of the previous 5 years; and
(ii) to the extent practicable--
(I) the number of such curtailments
that were voluntary and the number of
such curtailments that were involuntary;
and
(II) the number of those curtailed
who left the service within 1 year after
such curtailment.
(b) Removal of Diplomats.--Not later than 20 days after the date on
which any United States personnel under Chief of Mission authority is
declared persona non grata by a host government, the Secretary shall--
(1) notify the Committee on Foreign Relations of the Senate,
the Select Committee on Intelligence of the Senate, the
Committee on Foreign Affairs of the House of Representatives,
and the Permanent Select Committee on Intelligence of the House
of Representatives of such declaration; and
(2) include with such notification--
(A) the official reason for such declaration (if
provided by the host government);
(B) the date of the declaration; and
(C) whether the Department responded by declaring a
host government's diplomat in the United States persona
non grata.
(c) Waiver of Privileges and Immunities.--Not later than 15 days
after any waiver of privileges and immunities pursuant to the Vienna
Convention on Diplomatic Relations, done at Vienna April 18, 1961, that
is applicable to an entire diplomatic post or to the majority of United
States personnel under Chief of Mission authority, the Secretary shall
notify the appropriate congressional committees of such waiver and the
reason for such waiver.
[[Page 136 STAT. 3874]]
(d) Termination.--This section shall terminate on the date that is 5
years after the date of the enactment of this Act.
SEC. 9210. REPORT ON WORLDWIDE AVAILABILITY.
(a) <<NOTE: Determination.>> In General.--Not later than 270 days
after the date of the enactment of this Act, the Secretary shall submit
a report to the appropriate congressional committees on the feasibility
of requiring that each member of the Foreign Service, at the time of
entry into the Foreign Service and thereafter, be worldwide available,
as determined by the Secretary.
(b) Contents.--The report required under subsection (a) shall
include--
(1) the feasibility of a worldwide availability requirement
for all members of the Foreign Service;
(2) considerations if such a requirement were to be
implemented, including the potential effect on recruitment and
retention; and
(3) <<NOTE: Recommenda- tions.>> recommendations for
exclusions and limitations, including exemptions for medical
reasons, disability, and other circumstances.
SEC. 9211. <<NOTE: 22 USC 4023 note.>> PROFESSIONAL DEVELOPMENT.
(a) Requirements.--The Secretary shall strongly encourage that
Foreign Service officers seeking entry into the Senior Foreign Service
participate in professional development described in subsection (c).
(b) <<NOTE: Deadline. Recommenda- tions.>> Requirements.--Not later
than 180 days after the date of the enactment of this Act, the Secretary
shall submit recommendations on requiring that Foreign Service officers
complete professional development described in subsection (c) to be
eligible for entry into the Senior Foreign Service.
(c) <<NOTE: Time period.>> Professional Development Described.--
Professional development described in this subsection is not less than 6
months of training or experience outside of the Department, including
time spent--
(1) as a detailee to another government agency, including
Congress or a State, Tribal, or local government; or
(2) in Department-sponsored and -funded university training
that results in an advanced degree, excluding time spent at a
university that is fully funded or operated by the Federal
Government.
(d) Promotion Precepts.--The Secretary shall instruct promotion
boards to consider positively long-term training and out-of-agency
detail assignments as described in this section.
SEC. 9212. <<NOTE: 22 USC 3921 note.>> MANAGEMENT ASSESSMENTS AT
DIPLOMATIC AND CONSULAR POSTS.
(a) <<NOTE: Deadline. Surveys.>> In General.--Beginning not later
than 1 year after the date of the enactment of this Act, the Secretary
shall annually conduct, at each diplomatic and consular post, a
voluntary survey, which shall be offered to all staff assigned to that
post who are citizens of the United States (excluding the Chief of
Mission) to assess the management and leadership of that post by the
Chief of Mission, the Deputy Chief of Mission, and the Charge
d'Affaires.
(b) Anonymity.--All responses to the survey shall be--
(1) fully anonymized; and
(2) made available to the Director General of the Foreign
Service.
[[Page 136 STAT. 3875]]
(c) Survey.--The survey shall seek to assess--
(1) the general morale at post;
(2) the presence of any hostile work environment;
(3) the presence of any harassment, discrimination,
retaliation, or other mistreatment; and
(4) effective leadership and collegial work environment.
(d) Director General Recommendations.--Upon compilation and review
of the surveys, the Director General of the Foreign Service shall issue
recommendations to posts, as appropriate, based on the findings of the
surveys.
(e) <<NOTE: Inspection.>> Referral.--If the surveys reveal any
action that is grounds for referral to the Inspector General of the
Department of State and the Foreign Service, the Director General of the
Foreign Service may refer the matter to the Inspector General of the
Department of State and the Foreign Service, who shall, as the Inspector
General considers appropriate, conduct an inspection of the post in
accordance with section 209(b) of the Foreign Service Act of 1980 (22
U.S.C. 3929(b)).
(f) Annual Report.--The Director General of the Foreign Service
shall submit an annual report to the appropriate congressional
committees that includes--
(1) any trends or summaries from the surveys;
(2) the posts where corrective action was recommended or
taken in response to any issues identified by the surveys; and
(3) the number of referrals to the Inspector General of the
Department of State and the Foreign Service, as applicable.
(g) <<NOTE: Time period.>> Initial Basis.--The surveys and reports
required under this section shall be carried out on an initial basis for
the 5-year period beginning on the date of the enactment of this Act.
SEC. 9213. INDEPENDENT REVIEW OF PROMOTION POLICIES.
<<NOTE: Deadline.>> Not later than 18 months after the date of the
enactment of this Act, the Comptroller General of the United States
shall conduct a comprehensive review of the policies, personnel,
organization, and processes related to promotions within the Department,
including--
(1) a review of--
(A) the selection and oversight of Foreign Service
promotion panels; and
(B) the use of quantitative data and metrics in such
panels;
(2) <<NOTE: Assessment.>> an assessment of the promotion
practices of the Department, including how promotion processes
are communicated to the workforce and appeals processes; and
(3) <<NOTE: Recommenda- tions.>> recommendations for
improving promotion panels and promotion practices.
SEC. 9214. <<NOTE: 22 USC 3921 note.>> THIRD PARTY VERIFICATION OF
PERMANENT CHANGE OF STATION (PCS)
ORDERS.
Not <<NOTE: Deadline.>> later than 180 days after the date of the
enactment of this Act, the Secretary shall establish a mechanism for
third parties to verify the employment of, and the validity of permanent
change of station (PCS) orders received by, members of the Foreign
Service, in a manner that protects the safety, security, and privacy of
sensitive employee information.
[[Page 136 STAT. 3876]]
SEC. 9215. POST-EMPLOYMENT RESTRICTIONS ON SENATE-CONFIRMED
OFFICIALS AT THE DEPARTMENT OF STATE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) Congress and the executive branch have recognized the
importance of preventing and mitigating the potential for
conflicts of interest following government service, including
with respect to senior United States officials working on behalf
of foreign governments; and
(2) Congress and the executive branch should jointly
evaluate the status and scope of post-employment restrictions.
(b) Restrictions.--Section 1 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a) is amended by adding at the
end the following:
``(m) Extended Post-employment Restrictions for Certain Senate-
confirmed Officials.--
``(1) Definitions.--In this subsection:
``(A) Country of concern.--The term `country of
concern' means--
``(i) the People's Republic of China;
``(ii) the Russian Federation;
``(iii) the Islamic Republic of Iran;
``(iv) the Democratic People's Republic of
Korea;
``(v) the Republic of Cuba; and
``(vi) the Syrian Arab Republic.
``(B) Foreign government entity.--The term `foreign
governmental entity' includes--
``(i) any person employed by--
``(I) any department, agency, or
other entity of a foreign government at
the national, regional, or local level;
``(II) any governing party or
coalition of a foreign government at the
national, regional, or local level; or
``(III) any entity majority-owned or
majority-controlled by a foreign
government at the national, regional, or
local level; and
``(ii) in the case of a country of concern,
any company, economic project, cultural
organization, exchange program, or nongovernmental
organization that is more than 33 percent owned or
controlled by the government of such country.
``(C) Representation.--The term `representation'
does not include representation by an attorney, who is
duly licensed and authorized to provide legal advice in
a United States jurisdiction, of a person or entity in a
legal capacity or for the purposes of rendering legal
advice.
``(2) Secretary of state and deputy secretary of state.--
With <<NOTE: Applicability.>> respect to a person serving as the
Secretary of State or the Deputy Secretary of State, the
restrictions described in section 207(f)(1) of title 18, United
States Code, shall apply to any such person who knowingly
represents, aids, or advises a foreign governmental entity
before an officer or employee of the executive branch of the
United States with the intent to influence a decision of such
officer or employee in carrying out his or her official duties
at any time after the termination of such person's service as
Secretary or Deputy Secretary.
[[Page 136 STAT. 3877]]
``(3) Under secretaries, assistant secretaries, and
ambassadors.--With respect <<NOTE: Applicability.>> to a person
serving as an Under Secretary, Assistant Secretary, or
Ambassador at the Department of State or as the United States
Permanent Representative to the United Nations, the restrictions
described in section 207(f)(1) of title 18, United States Code,
shall apply to any such person who knowingly represents, aids,
or advises--
``(A) <<NOTE: Time period.>> a foreign governmental
entity before an officer or employee of the executive
branch of the United States with the intent to influence
a decision of such officer or employee in carrying out
his or her official duties for 3 years after the
termination of such person's service in a position
described in this paragraph, or the duration of the term
or terms of the President who appointed that person to
their position, whichever is longer; or
``(B) a foreign governmental entity of a country of
concern before an officer or employee of the executive
branch of the United States with the intent to influence
a decision of such officer or employee in carrying out
his or her official duties at any time after the
termination of such person's service in a position
described in this paragraph.
``(4) Penalties and injunctions.--Any violations of the
restrictions under paragraphs (2) or (3) shall be subject to the
penalties and injunctions provided for under section 216 of
title 18, United States Code.
``(5) Notice of restrictions.--Any person subject to the
restrictions under this subsection shall be provided notice of
these restrictions by the Department of State--
``(A) <<NOTE: President.>> upon appointment by the
President; and
``(B) upon termination of service with the
Department of State.
``(6) <<NOTE: Applicability.>> Effective date.--The
restrictions under this subsection shall apply only to persons
who are appointed by the President to the positions referenced
in this subsection on or after 120 days after the date of the
enactment of the Department of State Authorization Act of 2022.
``(7) Sunset.--The restrictions under this subsection shall
expire on the date that is 5 years after the date of the
enactment of the Department of State Authorization Act of
2022.''.
SEC. 9216. EXPANSION OF AUTHORITIES REGARDING SPECIAL RULES FOR
CERTAIN MONTHLY WORKERS' COMPENSATION
PAYMENTS AND OTHER PAYMENTS.
Section 901 of division J of the Further Consolidated Appropriations
Act, 2020 (22 U.S.C. 2680b) is amended by adding at the end the
following:
``(j) Expansion of Authorities.--The head of any Federal agency may
exercise the authorities of this section, including to designate an
incident, whether the incident occurred in the United States or abroad,
for purposes of subparagraphs (A)(ii) and (B)(ii) of subsection (e)(4)
when the incident affects United States Government employees of the
agency or their dependents who are not under the security responsibility
of the Secretary of State as set forth in section 103 of the Omnibus
Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4802) or
when operational control of overseas security responsibility for such
employees or dependents has been delegated to the head of the agency.''.
[[Page 136 STAT. 3878]]
SEC. 9217. REPORT ON PILOT PROGRAM FOR LATERAL ENTRY INTO THE
FOREIGN SERVICE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of State for Management shall
submit a report to the appropriate congressional committees describing
the implementation of the pilot program for lateral entry into the
Foreign Service required under section 404(b) of the Department of State
Authorities Act, Fiscal Year 2017 (Public Law 114-323; 130 Stat. 1928).
(b) Matters to Be Included.--The report required under subsection
(a) shall include--
(1) <<NOTE: Summary.>> the current status of implementation
of the pilot program, including a summary of concrete steps
taken by the Department to implement the pilot program;
(2) an explanation of any delays in implementation of the
pilot program;
(3) <<NOTE: Time period.>> the number of mid-career
individuals from the Civil Service of the Department and the
private sector who are expected to participate in the pilot
program during fiscal year 2023, disaggregated, to the extent
practicable and to the maximum extent that the collection of
such data is permissible by law, by sex, age, race and
ethnicity, geographic origin, and past occupation;
(4) <<NOTE: Analysis.>> an analysis of the skills gap
identified by the Department for the use of the pilot program's
flexible-hiring mechanism;
(5) any legal justification provided by the Office of the
Legal Adviser of the Department if the Department did not
implement the pilot program; and
(6) <<NOTE: Estimate.>> the estimated date by which the
Department is expected to implement the pilot program.
SEC. 9218. REPORT ON CHANGES TO THE FOREIGN SERVICE OFFICER TEST.
<<NOTE: Time periods.>> Not later than December 1, 2023, the
Secretary shall submit a report to the appropriate congressional
committees describing and justifying any changes made during fiscal
years 2022 and 2023 to the Foreign Service entry process, including--
(1) <<NOTE: Analysis.>> the use of artificial intelligence,
including deep textual analysis, in any portion of the entry
process and its impacts on recruitment into the Foreign Service;
(2) the use of virtual formats for any portion of the entry
process and its impacts on recruitment into the Foreign Service;
and
(3) the entities, groups, or individuals informed of or
consulted on any changes to the Foreign Service entry process
during the 1-year period immediately preceding the
implementation of such changes.
SEC. 9219. DIGNITY FOR PEOPLE WITH DISABILITIES SERVING IN THE
FOREIGN SERVICE.
The Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.) is
amended--
(1) in section 101(b)(2) (22 U.S.C. 3901(b)(2)), by striking
``handicapping condition'' and inserting ``disability'';
[[Page 136 STAT. 3879]]
(2) in section 105 (22 U.S.C. 3905), by striking
``handicapping condition'' each place such term appears and
inserting ``disability'';
(3) in section 1002(11)(A) (22 U.S.C. 4102(11)(A)), by
striking ``handicapping condition'' and inserting
``disability''; and
(4) in section 1015(b)(4) (22 U.S.C. 4115(b)(4)), by
striking ``handicapping condition'' and inserting
``disability''.
SEC. 9220. EXPANDING SCOPE OF FELLOWSHIP PROGRAMS TO INCLUDE CIVIL
SERVANTS.
(a) In General.--Section 47 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2719) is amended--
(1) in the first sentence--
(A) by inserting ``or the Civil Service'' after
``with the Foreign Service''; and
(B) by striking ``Foreign service Act of 1980'' and
inserting ``Foreign Service Act of 1980''; and
(2) in the second sentence, by inserting ``or the Civil
Service'' after ``Foreign Service''.
(b) Initial Report.--Not later than 30 days before expanding
participation to include civil servants in any fellowship program of the
Department, the Secretary shall submit a report to the appropriate
congressional committees that--
(1) identifies the affected fellowship program; and
(2) justifies expanding participation in such program.
(c) Follow-up Report.--Not later than 1 year after the expansion of
any fellowship program authorized under this section, the Secretary
shall submit a follow-up report to the appropriate congressional
committees that describes how the expansion of participation in such
program has impacted the effectiveness of the program.
TITLE XCIII--EMBASSY SECURITY AND CONSTRUCTION
SEC. 9301. <<NOTE: Secure Embassy Construction and
Counterterrorism Act of
2022.>> AMENDMENTS TO SECURE EMBASSY
CONSTRUCTION AND COUNTERTERRORISM ACT OF
1999.
(a) <<NOTE: 22 USC 4801 note.>> Short Title.--This section may be
cited as the ``Secure Embassy Construction and Counterterrorism Act of
2022''.
(b) <<NOTE: 22 USC 4865 note.>> Findings.--Congress makes the
following findings:
(1) The Secure Embassy Construction and Counterterrorism Act
of 1999 (title VI of division A of appendix G of Public Law 106-
113) was a necessary response to bombings on August 7, 1998, at
the United States embassies in Nairobi, Kenya, and in Dar es
Salaam, Tanzania, that were destroyed by simultaneously
exploding bombs. The resulting explosions killed 220 persons and
injured more than 4,000 others. Twelve Americans and 40 Kenyan
and Tanzanian employees of the United States Foreign Service
were killed in the attacks.
(2) Those bombings, followed by the expeditionary diplomatic
efforts in Iraq and Afghanistan, demonstrated the need to
prioritize the security of United States posts and personnel
abroad above other considerations.
(3) Between 1999 and 2022, the risk calculus of the
Department impacted the ability of United States diplomats
around the world to advance the interests of the United States
through access to local populations, leaders, and places.
[[Page 136 STAT. 3880]]
(4) America's competitors and adversaries do not have the
same restrictions that United States diplomats have, especially
in critically important medium-threat and high-threat posts.
(5) The Department's 2021 Overseas Security Panel report
states that--
(A) the requirement for setback and collocation of
diplomatic posts under paragraphs (2) and (3) of section
606(a) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (22 U.S.C. 4865(a)) has led
to skyrocketing costs of new embassies and consulates;
and
(B) the locations of such posts have become less
desirable, creating an extremely suboptimal nexus that
further hinders United States diplomats who are willing
to accept more risk in order to advance United States
interests.
(c) Sense of Congress.--It is the sense of Congress that--
(1) the setback and collocation requirements referred to in
subsection (b)(5)(A), even with available waivers, no longer
provide the security such requirements used to provide because
of advancement in technologies, such as remote controlled
drones, that can evade walls and other such static barriers;
(2) the Department should focus on creating performance
security standards that--
(A) attempt to keep the setback requirements of
diplomatic posts as limited as possible; and
(B) provide diplomats access to local populations as
much as possible, while still providing a necessary
level of security;
(3) collocation of diplomatic facilities is often not
feasible or advisable, particularly for public diplomacy spaces
whose mission is to reach and be accessible to wide sectors of
the public, including in countries with repressive governments,
since such spaces are required to permit the foreign public to
enter and exit the space easily and openly;
(4) the Bureau of Diplomatic Security should--
(A) fully utilize the waiver process provided under
paragraphs (2)(B) and (3)(B) of section 606(a) of the
Secure Embassy Construction and Counterterrorism Act of
1999 (22 U.S.C. 4865(a)); and
(B) appropriately exercise such waiver process as a
tool to right-size the appropriate security footing at
each diplomatic post rather than only approving waivers
in extreme circumstances;
(5) the return of great power competition requires--
(A) United States diplomats to do all they can to
outperform our adversaries; and
(B) the Department to better optimize use of
taxpayer funding to advance United States national
interests; and
(6) this section will better enable United States diplomats
to compete in the 21st century, while saving United States
taxpayers millions in reduced property and maintenance costs at
embassies and consulates abroad.
(d) Definition of United States Diplomatic Facility.--Section 603 of
the Secure Embassy Construction and Counterterrorism Act of 1999 (title
VI of division A of appendix G of Public Law 106-113) <<NOTE: 22 USC
4865 note.>> is amended to read as follows:
[[Page 136 STAT. 3881]]
``SEC. 603. UNITED STATES DIPLOMATIC FACILITY DEFINED.
``In this title, the terms `United States diplomatic facility' and
`diplomatic facility' mean any chancery, consulate, or other office
that--
``(1) is considered by the Secretary of State to be
diplomatic or consular premises, consistent with the Vienna
Convention on Diplomatic Relations, done at Vienna April 18,
1961, and the Vienna Convention on Consular Relations, done at
Vienna April 24, 1963, and was notified to the host government
as such; or
``(2) is otherwise subject to a publicly available bilateral
agreement with the host government (contained in the records of
the United States Department of State) that recognizes the
official status of the United States Government personnel
present at the facility.''.
(e) Guidance and Requirements for Diplomatic Facilities.--
(1) Guidance for closure of public diplomacy facilities.--
Section 5606(a) of the Public Diplomacy Modernization Act of
2021 (Public Law 117-81; 22 U.S.C. 1475g note) is amended to
read as follows:
``(a) <<NOTE: Deadline.>> In General.--In order to preserve public
diplomacy facilities that are accessible to the publics of foreign
countries, not later than 180 days after the date of the enactment of
the Secure Embassy Construction and Counterterrorism Act of 2022, the
Secretary of State shall adopt guidelines to collect and utilize
information from each diplomatic post at which the construction of a new
embassy compound or new consulate compound could result in the closure
or co-location of an American Space that is owned and operated by the
United States Government, generally known as an American Center, or any
other public diplomacy facility under the Secure Embassy Construction
and Counterterrorism Act of 1999 (22 U.S.C. 4865 et seq.).''.
(2) Security requirements for united states diplomatic
facilities.--Section 606(a) of the Secure Embassy Construction
and Counterterrorism Act of 1999 (22 U.S.C. 4865(a)) is
amended--
(A) in paragraph (1)(A), by striking ``the threat''
and inserting ``a range of threats, including that'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by inserting ``in a location
that has certain minimum ratings under
the Security Environment Threat List as
determined by the Secretary in his or
her discretion'' after ``abroad''; and
(II) by inserting ``, personnel of
the Peace Corps, and personnel of any
other type or category of facility that
the Secretary may identify'' after
``military commander''; and
(ii) in subparagraph (B)--
(I) by amending clause (i) to read
as follows:
``(i) <<NOTE: Waiver
authority. Determination.>> In general.--Subject
to clause (ii), the Secretary of State may waive
subparagraph (A) if the Secretary, in consultation
with, as appropriate, the head of each agency
employing personnel that would not be located at
the site, if applicable, determines that it is in
the national interest of the United States
[[Page 136 STAT. 3882]]
after taking account of any considerations the
Secretary in his or her discretion considers
relevant, which may include security
conditions.''; and
(II) in clause (ii), by striking
``(ii) Chancery or consulate building.--
'' and all that follows through ``15
days prior'' and inserting the
following:
``(ii) Chancery or consulate building.--
Prior''; and
(C) in paragraph (3)--
(i) by amending subparagraph (A) to read as
follows:
``(A) Requirement.--
``(i) <<NOTE: Determination.>> In general.--
Each newly acquired United States diplomatic
facility in a location that has certain minimum
ratings under the Security Environment Threat List
as determined by the Secretary of State in his or
her discretion shall--
``(I) be constructed or modified to
meet the measured building blast
performance standard applicable to a
diplomatic facility sited not less than
100 feet from the perimeter of the
property on which the facility is
situated; or
``(II) fulfill the criteria
described in clause (ii).
``(ii) Alternative engineering equivalency
standard requirement.-- <<NOTE: Criteria.>> Each
facility referred to in clause (i) may, instead of
meeting the requirement under such clause, fulfill
such other criteria as the Secretary is authorized
to employ to achieve an engineering standard of
security and degree of protection that is
equivalent to the numerical perimeter distance
setback described in such clause seeks to
achieve.''; and
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) by striking ``security
considerations permit and''; and
(bb) by inserting ``after
taking account of any
considerations the Secretary in
his or her discretion considers
relevant, which may include
security conditions'' after
``national interest of the
United States'';
(II) in clause (ii), by striking
``(ii) Chancery or consulate building.--
'' and all that follows through ``15
days prior'' and inserting the
following:
``(ii) Chancery or consulate building.--
Prior''; and
(III) in clause (iii), by striking
``an annual'' and inserting ``a
quarterly''.
SEC. 9302. <<NOTE: Diplomatic Support and Security Act of
2022.>> DIPLOMATIC SUPPORT AND SECURITY.
(a) <<NOTE: 22 USC 4801 note.>> Short Title.--This section may be
cited as the ``Diplomatic Support and Security Act of 2022''.
(b) <<NOTE: 22 USC 4801 note.>> Findings.--Congress makes the
following findings:
(1) A robust overseas diplomatic presence is part of an
effective foreign policy, particularly in volatile environments
[[Page 136 STAT. 3883]]
where a flexible and timely diplomatic response can be decisive
in preventing and addressing conflict.
(2) Diplomats routinely put themselves and their families at
great personal risk to serve their country overseas where they
face threats related to international terrorism, violent
conflict, and public health.
(3) The Department has a remarkable record of protecting
personnel while enabling an enormous amount of global diplomatic
activity, often in unsecure and remote places and facing a
variety of evolving risks and threats. With support from
Congress, the Department has revised policy, improved physical
security through retrofitting and replacing old facilities,
deployed additional security personnel and armored vehicles, and
greatly enhanced training requirements and training facilities,
including the new Foreign Affairs Security Training Center in
Blackstone, Virginia.
(4) Diplomatic missions rely on robust staffing and
ambitious external engagement to advance United States interests
as diverse as competing with China's malign influence around the
world, fighting terrorism and transnational organized crime,
preventing and addressing violent conflict and humanitarian
disasters, promoting United States businesses and trade,
protecting the rights of marginalized groups, addressing climate
change, and preventing pandemic disease.
(5) Efforts to protect personnel overseas have often
resulted in inhibiting diplomatic activity and limiting
engagement between embassy personnel and local governments and
populations.
(6) Given that Congress currently provides annual
appropriations in excess of $1,900,000,000 for embassy security,
construction, and maintenance, the Department should be able to
ensure a robust overseas presence without inhibiting the ability
of diplomats to--
(A) meet outside United States secured facilities
with foreign leaders to explain, defend, and advance
United States priorities;
(B) understand and report on foreign political,
social, and economic conditions through meeting and
interacting with community officials outside of United
States facilities;
(C) provide United States citizen services; and
(D) collaborate and, at times, compete with other
diplomatic missions, particularly those, such as that of
the People's Republic of China, that do not have
restrictions on meeting locations.
(7) Given these stakes, Congress has a responsibility to
empower, support, and hold the Department accountable for
implementing an aggressive strategy to ensure a robust overseas
presence that mitigates potential risks and adequately considers
the myriad direct and indirect consequences of a lack of
diplomatic presence.
(c) Encouraging Expeditionary Diplomacy.--
(1) Purpose.--Section 102(b) of the Diplomatic Security Act
of 1986 (22 U.S.C. 4801(b)) is amended--
(A) by amending paragraph (3) to read as follows:
``(3) to promote strengthened security measures,
institutionalize a culture of learning, and, in the case of
apparent
[[Page 136 STAT. 3884]]
gross negligence or breach of duty, recommend that the Secretary
investigate accountability for United States Government
personnel with security-related responsibilities under chief of
mission authority;'';
(B) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), respectively; and
(C) by inserting after paragraph (3) the following:
``(4) to support a culture of risk management, instead of
risk avoidance, that enables the Department of State to pursue
its vital goals with full knowledge that it is neither desirable
nor possible for the Department to avoid all risks;''.
(2) Briefings on embassy security.--Section 105(a)(1) of the
Diplomatic Security Act (22 U.S.C. 4804(a)) is amended--
(A) by striking ``any plans to open or reopen a high
risk, high threat post'' and inserting ``progress
towards opening or reopening a high risk, high threat
post, and the risk to national security of the continued
closure or any suspension of operations and remaining
barriers to doing so'';
(B) in subparagraph (A), by inserting ``the risk to
United States national security of the post's continued
closure or suspension of operations,'' after ``national
security of the United States,''; and
(C) in subparagraph (C), by inserting ``the type and
level of security threats such post could encounter,
and'' before ``security `tripwires' ''.
(d) Security Review Committees.--Section 301 of the Diplomatic
Security Act (22 U.S.C. 4831) is amended--
(1) in the section heading, by striking ``accountability
review boards'' and inserting ``security review committees'';
(2) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) <<NOTE: Reports.>> Convening the security review
committee.--In any case of a serious security incident involving
loss of life, serious injury, or significant destruction of
property at, or related to, a United States Government
diplomatic mission abroad (referred to in this title as a
`Serious Security Incident'), and in any case of a serious
breach of security involving intelligence activities of a
foreign government directed at a United States Government
mission abroad, the Secretary of State shall convene a Security
Review Committee, which shall issue a report providing a full
account of what occurred, consistent with section 304.'';
(B) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively;
(C) by inserting after paragraph (1) the following:
``(2) <<NOTE: Designations.>> Committee composition.--The
Secretary shall designate a Chairperson and may designate
additional personnel of commensurate seniority to serve on the
Security Review Committee, which shall include--
``(A) the Director of the Office of Management
Strategy and Solutions;
``(B) the Assistant Secretary responsible for the
region where the incident occurred;
``(C) the Assistant Secretary of State for
Diplomatic Security;
[[Page 136 STAT. 3885]]
``(D) the Assistant Secretary of State for
Intelligence and Research;
``(E) an Assistant Secretary-level representative
from any involved United States Government department or
agency; and
``(F) other personnel determined to be necessary or
appropriate.'';
(D) in paragraph (3), as redesignated by subclause
(B)--
(i) in the paragraph heading, by striking
``Department of defense facilities and personnel''
and inserting ``Exceptions to convening a security
review committee'';
(ii) by striking ``The Secretary of State is
not required to convene a Board in the case'' and
inserting the following:
``(A) In general.--The Secretary of State is not
required to convene a Security Review Committee--
``(i) <<NOTE: Determination.>> if the
Secretary determines that the incident involves
only causes unrelated to security, such as when
the security at issue is outside of the scope of
the Secretary of State's security responsibilities
under section 103;
``(ii) if operational control of overseas
security functions has been delegated to another
agency in accordance with section 106;
``(iii) if the incident is a cybersecurity
incident and is covered by other review
mechanisms; or
``(iv) in the case''; and
(iii) by striking ``In any such case'' and
inserting the following:
``(B) Department of defense investigations.--In the
case of an incident described in subparagraph (A)(iv)'';
and
(E) by adding at the end the following:
``(5) <<NOTE: Guidance.>> Rulemaking.--The Secretary of
State shall promulgate regulations defining the membership and
operating procedures for the Security Review Committee and
provide such guidance to the Chair and ranking members of the
Committee on Foreign Relations of the Senate and the Committee
on Foreign Affairs of the House of Representatives.'';
(3) in subsection (b)--
(A) in the subsection heading, by striking
``Boards'' and inserting ``Security Review Committees'';
and
(B) by amending paragraph (1) to read as follows:
``(1) <<NOTE: Deadline. Extension. Determination.>> In
general.--The Secretary of State shall convene a Security Review
Committee not later than 60 days after the occurrence of an
incident described in subsection (a)(1), or 60 days after the
Department first becomes aware of such an incident, whichever is
earlier, except that the 60-day period for convening a Security
Review Committee may be extended for one additional 60-day
period if the Secretary determines that the additional period is
necessary.''; and
(4) by amending subsection (c) to read as follows:
``(c) Congressional Notification.--Whenever the Secretary of State
convenes a Security Review Committee, the Secretary shall promptly
inform the chair and ranking member of--
``(1) the Committee on Foreign Relations of the Senate;
[[Page 136 STAT. 3886]]
``(2) the Select Committee on Intelligence of the Senate;
``(3) the Committee on Appropriations of the Senate;
``(4) the Committee on Foreign Affairs of the House of
Representatives;
``(5) the Permanent Select Committee on Intelligence of the
House of Representatives; and
``(6) the Committee on Appropriations of the House of
Representatives.''.
(e) Technical and Conforming Amendments.--Section 302 of the
Diplomatic Security Act of 1986 (22 U.S.C. 4832) is amended--
(1) in the section heading, by striking ``accountability
review board'' and inserting ``security review committee''; and
(2) by striking ``a Board'' each place such term appears and
inserting ``a Security Review Committee''.
(f) Serious Security Incident Investigation Process.--Section 303 of
the Diplomatic Security Act of 1986 (22 U.S.C. 4833) is amended to read
as follows:
``SEC. 303. SERIOUS SECURITY INCIDENT INVESTIGATION PROCESS.
``(a) Investigation Process.--
``(1) <<NOTE: Reports.>> Initiation upon reported
incident.--A United States mission shall submit an initial
report of a Serious Security Incident not later than 3 days
after such incident occurs, whenever feasible, at which time an
investigation of the incident shall be initiated.
``(2) <<NOTE: Deadline.>> Investigation.--Not later than 10
days after the submission of a report pursuant to paragraph (1),
the Secretary shall direct the Diplomatic Security Service to
assemble an investigative team to investigate the incident and
independently establish what
occurred. <<NOTE: Assessments.>> Each investigation under this
subsection shall cover--
``(A) an assessment of what occurred, who
perpetrated or is suspected of having perpetrated the
Serious Security Incident, and whether applicable
security procedures were followed;
``(B) in the event the Serious Security Incident
involved a United States diplomatic compound, motorcade,
residence, or other facility, an assessment of whether
adequate security countermeasures were in effect based
on a known threat at the time of the incident;
``(C) if the incident involved an individual or
group of officers, employees, or family members under
Chief of Mission security responsibility conducting
approved operations or movements outside the United
States mission, an assessment of whether proper security
briefings and procedures were in place and whether
weighing of risk of the operation or movement took
place; and
``(D) an assessment of whether the failure of any
officials or employees to follow procedures or perform
their duties contributed to the security incident.
``(3) <<NOTE: Examination.>> Investigative team.--The
investigative team assembled pursuant to paragraph (2) shall
consist of individuals from the Diplomatic Security Service who
shall provide an independent examination of the facts
surrounding the incident and what occurred.
The <<NOTE: Review.>> Secretary, or the Secretary's designee,
[[Page 136 STAT. 3887]]
shall review the makeup of the investigative team for a
conflict, appearance of conflict, or lack of independence that
could undermine the results of the investigation and may remove
or replace any members of the team to avoid such an outcome.
``(b) Report of Investigation.--Not later than 90 days after the
occurrence of a Serious Security Incident, the investigative team
investigating the incident shall prepare and submit a Report of
Investigation to the Security Review Committee that includes--
``(1) a detailed description of the matters set forth in
subparagraphs (A) through (D) of subsection (a)(2), including
all related findings;
``(2) a complete and accurate account of the casualties,
injuries, and damage resulting from the incident; and
``(3) <<NOTE: Review.>> a review of security procedures and
directives in place at the time of the incident.
``(c) <<NOTE: Procedures. Classified
information.>> Confidentiality.--The investigative team investigating a
Serious Security Incident shall adopt such procedures with respect to
confidentiality as determined necessary, including procedures relating
to the conduct of closed proceedings or the submission and use of
evidence in camera, to ensure in particular the protection of classified
information relating to national defense, foreign policy, or
intelligence matters. The Director of National Intelligence shall
establish the level of protection required for intelligence information
and for information relating to intelligence personnel included in the
report required under subsection (b). <<NOTE: Determination.>> The
Security Review Committee shall determine the level of classification of
the final report prepared pursuant to section 304(b), and shall
incorporate the same confidentiality measures in such report to the
maximum extent practicable.''.
(g) Findings and Recommendations of the Security Review Committee.--
Section 304 of the Diplomatic Security Act of 1986 (22 U.S.C. 4834) is
amended to read as follows:
``SEC. 304. SECURITY REVIEW COMMITTEE FINDINGS AND REPORT.
``(a) Findings.--The Security Review Committee shall--
``(1) <<NOTE: Examination.>> review the Report of
Investigation prepared pursuant to section 303(b), and all other
evidence, reporting, and relevant information relating to a
Serious Security Incident at a United States mission abroad,
including an examination of the facts and circumstances
surrounding any serious injuries, loss of life, or significant
destruction of property resulting from the incident; and
``(2) <<NOTE: Determinations.>> determine, in writing--
``(A) whether the incident was security related and
constituted a Serious Security Incident;
``(B) if the incident involved a diplomatic
compound, motorcade, residence, or other mission
facility--
``(i) whether the security systems, security
countermeasures, and security procedures operated
as intended; and
``(ii) whether such systems worked to
materially mitigate the attack or were found to be
inadequate to mitigate the threat and attack;
``(C) if the incident involved an individual or
group of officers conducting an approved operation
outside the mission, whether a valid process was
followed in evaluating
[[Page 136 STAT. 3888]]
the requested operation and weighing the risk of the
operation, which determination shall not seek to assign
accountability for the incident unless the Security
Review Committee determines that an official breached
his or her duty;
``(D) the impact of intelligence and information
availability, and whether the mission was aware of the
general operating threat environment or any more
specific threat intelligence or information and took
that into account in ongoing and specific operations;
and
``(E) any other facts and circumstances that may be
relevant to the appropriate security management of
United States missions abroad.
``(b) Report.--
``(1) Submission to secretary of state.--Not later than 60
days after receiving the Report of Investigation prepared
pursuant to section 303(b), the Security Review Committee shall
submit a report to the Secretary of State that includes--
``(A) the findings described in subsection (a); and
``(B) <<NOTE: Recommenda- tions.>> any related
recommendations.
``(2) <<NOTE: Records.>> Submission to congress.--Not later
than 90 days after receiving the report pursuant to paragraph
(1), the Secretary of State shall submit a copy of the report
to--
``(A) the Committee on Foreign Relations of the
Senate;
``(B) the Select Committee on Intelligence of the
Senate;
``(C) the Committee on Appropriations of the Senate;
``(D) the Committee on Foreign Affairs of the House
of Representatives;
``(E) the Permanent Select Committee on Intelligence
of the House of Representatives; and
``(F) the Committee on Appropriations of the House
of Representatives.
``(c) Personnel Recommendations.--If in the course of conducting an
investigation under section 303, the investigative team finds reasonable
cause to believe any individual described in section 303(a)(2)(D) has
breached the duty of that individual or finds lesser failures on the
part of an individual in the performance of his or her duties related to
the incident, it shall be reported to the Security Review Committee. If
the Security Review Committee finds reasonable cause to support the
determination, it shall be reported to the Secretary for appropriate
action.''.
(h) Relation to Other Proceedings.--Section 305 of the Diplomatic
Security Act of 1986 (22 U.S.C. 4835) is amended--
(1) by inserting ``(a) No Effect on Existing Remedies or
Defenses.--'' before ``Nothing in this title''; and
(2) by adding at the end the following:
``(b) Future Inquiries.--Nothing in this title may be construed to
preclude the Secretary of State from convening a follow-up public board
of inquiry to investigate any security incident if the incident was of
such magnitude or significance that an internal process is deemed
insufficient to understand and investigate the incident. All materials
gathered during the procedures provided under this title shall be
provided to any related board of inquiry convened by the Secretary.''.
(i) Training for Foreign Service Personnel on Risk Management
Practices.--Not <<NOTE: Deadline. Strategies. Plans.>> later than 120
days after the date of the enactment of this Act, the Secretary shall
develop and submit a strategy to the appropriate congressional
committees for training
[[Page 136 STAT. 3889]]
and educating Foreign Service personnel regarding appropriate risk
management practices while conducting their duties in high risk, high
threat environments that includes--
(1) plans to continue to develop and offer additional
training courses, or augment existing courses, for Department
personnel regarding the conduct of their duties in high risk,
high threat environments outside of diplomatic compounds,
including for diplomatic personnel, such as political officers,
economic officers, and consular officers;
(2) plans to educate Senior Foreign Service personnel
serving abroad, including ambassadors, chiefs of mission, deputy
chiefs of missions, and regional security officers, regarding
appropriate risk management practices to employ while evaluating
requests for diplomatic operations in high risk, high threat
environments outside of diplomatic compounds; and
(3) plans and strategies for effectively balancing safety
risks with the need for in-person engagement with local
governments and populations.
(j) Sense of Congress Regarding the Establishment of the
Expeditionary Diplomacy Award.--It is the sense of Congress that the
Secretary should--
(1) encourage expeditionary diplomacy, proper risk
management practices, and regular and meaningful engagement with
civil society at the Department by establishing an annual award,
which shall be known as the ``Expeditionary Diplomacy Award'',
to be awarded to deserving officers and employees of the
Department; and
(2) establish procedures for selecting the recipients of the
Expeditionary Diplomacy Award, including any financial terms
associated with such award.
(k) Promotion in the Foreign Service.--Section 603(b) of the Foreign
Service Act of 1980 (22 U.S.C. 4003(b)) is amended--
(1) in the third sentence of the matter preceding paragraph
(1), by inserting ``and when occupying positions for which the
following is, to any degree, an element of the member's
duties,'' after ``as the case may be,'';
(2) in paragraph (1), by striking ``when occupying positions
for which such willingness and ability is, to any degree, an
element of the member's duties, or'' and inserting a semicolon;
(3) by striking paragraph (2) and inserting the following:
``(3) other demonstrated experience in public diplomacy;
or'';
(4) by inserting after paragraph (1) the following:
``(2) a willingness and ability to regularly and
meaningfully engage with civil society and other local actors in
country;''; and
(5) by inserting after paragraph (3), as redesignated, the
following:
``(4) the ability to effectively manage and assess risk
associated with the conduct of diplomatic operations.''.
(l) <<NOTE: Time period.>> Reporting Requirement.--Not later than
180 days after the date of the enactment of this Act and every 180 days
thereafter for the following 2 years, the Secretary shall submit a
report to the appropriate congressional committees describing the
Department's risk management efforts, including information relating
to--
[[Page 136 STAT. 3890]]
(1) implementing this section and section 102(b) of the
Diplomatic Security Act (22 U.S.C. 4801), as amended by
subsection (c);
(2) encouraging and incentivizing appropriate Foreign
Service personnel to regularly and meaningfully engage with
civil society and other local actors in-country;
(3) promoting a more effective culture of risk management
and greater risk tolerance among all Foreign Service personnel,
including through additional risk management training and
education opportunities; and
(4) incorporating the provisions of this section into the
Foreign Affairs Manual regulations and implementing the Serious
Security Incident Investigation Permanent Coordinating Committee
established and convened pursuant to section 302(b) of the
Diplomatic Security Act (22 U.S.C. 4832(b)) to more closely
align Department procedures with the procedures used by other
Federal departments and agencies to analyze, weigh, and manage
risk.
SEC. 9303. <<NOTE: 22 USC 2656 note.>> ESTABLISHMENT OF UNITED
STATES EMBASSIES IN SOLOMON ISLANDS,
KIRIBATI, AND TONGA AND A DIPLOMATIC
PRESENCE IN VANUATU.
(a) Findings.--Congress makes the following findings:
(1) The Pacific Islands are vital to United States national
security and national interests in the Indo-Pacific region and
globally.
(2) The Pacific Islands region spans 15 percent of the
world's surface area and controls access to open waters in the
Central Pacific, sea lanes to the Western Hemisphere, supply
lines to United States forward-deployed forces in East Asia, and
economically important fisheries.
(3) The Pacific Islands region is home to the State of
Hawaii, 11 United States territories, United States Naval Base
Guam, and United States Andersen Air Force Base.
(4) Pacific Island countries cooperate with the United
States and United States partners on maritime security and
efforts to stop illegal, unreported, and destructive fishing.
(5) The Pacific Islands are rich in biodiversity and are on
the frontlines of environmental challenges and climate issues.
(6) The People's Republic of China seeks to increase its
influence in the Pacific Islands region, including through
infrastructure development under the People's Republic of
China's One Belt, One Road Initiative and its new security
agreement with the Solomon Islands.
(7) The United States closed its embassy in the Solomon
Islands in 1993.
(8) The United States Embassy in Papua New Guinea manages
the diplomatic affairs of the United States to the Republic of
Vanuatu and the Solomon Islands, and the United States Embassy
in Fiji manages the diplomatic affairs of the United States to
the Republic of Kiribati and the Kingdom of Tonga.
(9) The United States requires a physical and more robust
diplomatic presence in the Republic of Vanuatu, the Republic of
Kiribati, the Solomon Islands, and the Kingdom of Tonga, to
ensure the physical and operational security of our efforts
[[Page 136 STAT. 3891]]
in those countries to deepen relations, protect United States
national security, and pursue United States national interests.
(10) Increasing the number of United States embassies
dedicated solely to a Pacific Island country demonstrates the
United States' ongoing commitment to the region and to the
Pacific Island countries.
(b) Establishment of Embassies.--
(1) In general.--As soon as possible, the Secretary should--
(A) establish physical United States embassies in
the Republic of Kiribati and in the Kingdom of Tonga;
(B) upgrade the United States consular agency in the
Solomon Islands to an embassy; and
(C) establish a physical United States Government
presence in the Republic of Vanuatu.
(2) Other strategies.--
(A) Physical infrastructure.--In establishing
embassies pursuant to paragraph (1) and creating the
physical infrastructure to ensure the physical and
operational safety of embassy personnel, the Secretary
may pursue rent or purchase existing buildings or co-
locate personnel in embassies of like-minded partners,
such as Australia and New Zealand.
(B) Personnel.--In establishing a physical presence
in the Republic of Vanuatu pursuant to paragraph (1),
the Secretary may assign 1 or more United States
Government personnel to the Republic of Vanuatu as part
of the United States mission in Papua New Guinea.
(3) <<NOTE: President. Time
period. Determination. Reports.>> Waiver authority.--The
President may waive the requirements under paragraph (1) for a
period of one year if the President determines and reports to
Congress in advance that such waiver is necessary to protect the
national security interests of the United States.
(c) Authorization of Appropriations.--Of the amounts authorized to
be appropriated to the Department of State for Embassy Security,
Construction, and Maintenance--
(1) $40,200,000 is authorized to be appropriated for fiscal
year 2023--
(A) to establish and maintain the 3 embassies
authorized to be established under subsection (b); and
(B) to establish a physical United States Government
presence in the Republic of Vanuatu;
(2) $3,000,000 is authorized to be appropriated for fiscal
year 2024--
(A) to maintain such embassies; and
(B) to establish a physical United States Government
presence in the Republic of Vanuatu;
(d) Report.--
(1) Defined term.--In this subsection, the term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House of
Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
[[Page 136 STAT. 3892]]
(2) Progress report.--Not later than 180 days following the
date of the enactment of this Act, the Secretary shall submit to
the appropriate committees of Congress a report that includes--
(A) a description of the status of activities
carried out to achieve the objectives described in this
section;
(B) <<NOTE: Estimate.>> an estimate of when
embassies and a physical presence will be fully
established pursuant to subsection (b)(1); and
(C) <<NOTE: Update.>> an update on events in the
Pacific Islands region relevant to the establishment of
United States embassies, including activities by the
People's Republic of China.
(3) Report on final disposition.--Not later than 2 years
after the date of the enactment of this Act, the Secretary shall
submit a report to the appropriate committees of Congress that--
(A) confirms the establishment of the 3 embassies
and the physical presence required under subsection
(b)(1); or
(B) if the embassies and physical presence required
in subsection (b)(1) have not been established, a
justification for such failure to comply with such
requirement.
TITLE XCIV--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION
SEC. 9401. REPORT ON BARRIERS TO APPLYING FOR EMPLOYMENT WITH THE
DEPARTMENT OF STATE.
Not later than 120 days after the date of the enactment of this Act,
the Secretary shall submit a report to the appropriate congressional
committees that--
(1) identifies any barriers for applicants applying for
employment with the Department;
(2) <<NOTE: Time period.>> provides demographic data of
online applicants during the most recent 3 years disaggregated
by race, ethnicity, sex, age, veteran status, disability,
geographic region;
(3) <<NOTE: Assessments.>> assesses any barriers that exist
for applying online for employment with the Department,
disaggregated by race, ethnicity, sex, age, veteran status,
disability, geographic region; and
(4) <<NOTE: Recommenda- tions.>> includes recommendations
for addressing any disparities identified in the online
application process.
SEC. 9402. COLLECTION, ANALYSIS, AND DISSEMINATION OF WORKFORCE
DATA.
(a) Initial Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit a report to the
appropriate congressional committees that includes disaggregated
demographic data and other information regarding the diversity of the
workforce of the Department.
(b) Data.--The report required under subsection (a) shall include,
to the maximum extent that the collection and dissemination of such data
can be done in a way that protects the confidentiality of individuals
and is otherwise permissible by law--
[[Page 136 STAT. 3893]]
(1) <<NOTE: Time period.>> demographic data on each element
of the workforce of the Department during the 3-year period
ending on the date of the enactment of this Act, disaggregated
by rank and grade or grade-equivalent, with respect to--
(A) individuals hired to join the workforce;
(B) individuals promoted, including promotions to
and within the Senior Executive Service or the Senior
Foreign Service;
(C) individuals serving as special assistants in any
of the offices of the Secretary of State, the Deputy
Secretary of State, the Counselor of the Department of
State, the Secretary's Policy Planning Staff, the Under
Secretary of State for Arms Control and International
Security, the Under Secretary of State for Civilian
Security, Democracy, and Human Rights, the Under
Secretary of State for Economic Growth, Energy, and the
Environment, the Under Secretary of State for
Management, the Under Secretary of State for Political
Affairs, and the Under Secretary of State for Public
Diplomacy and Public Affairs;
(D) individuals serving in each bureau's front
office;
(E) individuals serving as detailees to the National
Security Council;
(F) individuals serving on applicable selection
boards;
(G) members of any external advisory committee or
board who are subject to appointment by individuals at
senior positions in the Department;
(H) individuals participating in professional
development programs of the Department and the extent to
which such participants have been placed into senior
positions within the Department after such
participation;
(I) individuals participating in mentorship or
retention programs; and
(J) individuals who separated from the agency,
including individuals in the Senior Executive Service or
the Senior Foreign Service;
(2) <<NOTE: Assessment. Compliance.>> an assessment of
agency compliance with the essential elements identified in
Equal Employment Opportunity Commission Management Directive
715, effective October 1, 2003;
(3) data on the overall number of individuals who are part
of the workforce, the percentages of such workforce
corresponding to each element specified in paragraph (1), and
the percentages corresponding to each rank, grade, or grade
equivalent; and
(4) <<NOTE: Time periods.>> the total amount of funds spent
by the Department for the purposes of advancing diversity,
equity, inclusion, and accessibility during each of the 4
previous fiscal years, disaggregated, to the extent practicable,
by bureau and activity, including, as outlined in the
Department's 2022 Diversity, Equity, Inclusion and Accessibility
Strategic Plan--
(A) workforce pay and compensation;
(B) recruitment, hiring, promotions, and retention;
(C) reasonable accommodations for disability and
religion;
(D) safe workplaces; and
(E) addressing sexual harassment and discrimination.
[[Page 136 STAT. 3894]]
(c) Effectiveness of Department Efforts.-- <<NOTE: Assessment.>> The
report required under subsection (a) shall describe and assess the
effectiveness of the efforts of the Department--
(1) to propagate fairness, impartiality, and inclusion in
the work environment, both domestically and abroad;
(2) to enforce anti-harassment and anti-discrimination
policies, both domestically and at posts overseas;
(3) to refrain from engaging in unlawful discrimination in
any phase of the employment process, including recruitment,
hiring, evaluation, assignments, promotion, retention, and
training;
(4) to prevent retaliation against employees for
participating in a protected equal employment opportunity
activity or for reporting sexual harassment or sexual assault;
(5) to provide reasonable accommodation for qualified
employees and applicants with disabilities;
(6) to recruit a representative workforce by--
(A) recruiting women, persons with disabilities, and
minorities;
(B) recruiting at women's colleges, historically
Black colleges and universities, minority-serving
institutions, and other institutions serving a
significant percentage of minority students;
(C) placing job advertisements in newspapers,
magazines, and job sites oriented toward women and
minorities;
(D) sponsoring and recruiting at job fairs in urban
and rural communities and at land-grant colleges or
universities;
(E) providing opportunities through the Foreign
Service Internship Program under chapter 12 of the
Foreign Service Act of 1980 (22 U.S.C. 4141 et seq.),
and other hiring initiatives;
(F) recruiting mid-level and senior-level
professionals through programs designed to increase
representation in international affairs of people
belonging to traditionally underrepresented groups;
(G) offering the Foreign Service written and oral
assessment examinations in several locations throughout
the United States or via online platforms to reduce the
burden of applicants having to travel at their own
expense to take either or both such examinations;
(H) expanding the use of paid internships; and
(I) supporting recruiting and hiring opportunities
through--
(i) the Charles B. Rangel International
Affairs Fellowship Program;
(ii) the Thomas R. Pickering Foreign Affairs
Fellowship Program; and
(iii) other initiatives, including agency-wide
policy initiatives; and
(7) to ensure transparency and accountability in the work of
the Chief Diversity and Inclusion Officer and the Secretary's
Office of Diversity and Inclusion, particularly by--
(A) avoiding any duplication of existing diversity,
equity, inclusion, and accessibility efforts, including
with the Bureau of Global Talent Management, the Office
of Civil Rights, and other Department offices; and
[[Page 136 STAT. 3895]]
(B) requiring measurable impacts in hiring,
retention, and other aspects of the Diversity, Equity,
Inclusion and Accessibility Strategic Plan.
(d) Annual Report.--
(1) <<NOTE: Web posting.>> In general.--Not later than 1
year after the publication of the report required under
subsection (a), and annually thereafter for the following 5
years, the Secretary shall submit a report to the appropriate
congressional committees, and make such report available on the
Department's website, that includes, without compromising the
confidentiality of individuals and to the extent otherwise
consistent with law--
(A) disaggregated demographic data, to the maximum
extent that collection of such data is permissible by
law, relating to the workforce and information on the
status of diversity and inclusion efforts of the
Department;
(B) an analysis of applicant flow data, to the
maximum extent that collection of such data is
permissible by law; and
(C) disaggregated demographic data relating to
participants in professional development programs of the
Department and the rate of placement into senior
positions for participants in such programs.
(2) Combination with other annual report.--The report
required under paragraph (1) may be combined with another annual
report required by law, to the extent practicable.
SEC. 9403. CENTERS OF EXCELLENCE IN FOREIGN AFFAIRS AND
ASSISTANCE.
(a) Purpose.--The purposes of this section are--
(1) to advance the values and interests of the United States
overseas through programs that foster innovation,
competitiveness, and a plethora of backgrounds, views, and
experience in the formulation and implementation of United
States foreign policy and assistance; and
(2) to create opportunities for specialized research,
education, training, professional development, and leadership
opportunities for individuals belonging to an underrepresented
group within the Department and USAID.
(b) Study.--
(1) In general.--The Secretary and the Administrator of
USAID shall conduct a study on the feasibility of establishing
Centers of Excellence in Foreign Affairs and Assistance
(referred to in this section as the ``Centers of Excellence'')
within institutions that serve individuals belonging to an
underrepresented group to focus on 1 or more of the areas
described in paragraph (2).
(2) Elements.--In conducting the study required under
paragraph (1), the Secretary and the Administrator,
respectively, shall consider--
(A) opportunities to enter into public-private
partnerships that will--
(i) increase interest in foreign affairs and
foreign assistance Federal careers;
(ii) prepare an assorted cadre of students
(including nontraditional, mid-career, part-time,
and
[[Page 136 STAT. 3896]]
heritage students) and nonprofit or business
professionals with the skills and education needed
to meaningfully contribute to the formulation and
execution of United States foreign policy and
assistance;
(iii) support the conduct of research,
education, and extension programs that reflect a
wide range of perspectives and views of world
regions and international affairs--
(I) to assist in the development of
regional and functional foreign policy
skills;
(II) to strengthen international
development and humanitarian assistance
programs; and
(III) to strengthen democratic
institutions and processes in
policymaking, including in education,
health, wealth, justice, and other
sectors;
(iv) enable domestic and international
educational, internship, fellowship, faculty
exchange, training, employment or other innovative
programs to acquire or strengthen knowledge of
foreign languages, cultures, societies, and
international skills and perspectives;
(v) support collaboration among institutions
of higher education, including community colleges,
nonprofit organizations, and corporations, to
strengthen the engagement between experts and
practitioners in the foreign affairs and foreign
assistance fields; and
(vi) leverage additional public-private
partnerships with nonprofit organizations,
foundations, corporations, institutions of higher
education, and the Federal Government; and
(B) budget and staffing requirements, including
appropriate sources of funding, for the establishment
and conduct of operations of such Centers of Excellence.
(c) Report.--Not later than 120 days after the date of the enactment
of this Act, the Secretary shall submit a report to the appropriate
congressional committees that contains the findings of the study
conducted pursuant to subsection (b).
SEC. 9404. <<NOTE: 22 USC 2734g.>> PROMOTING TRANSPARENCY AND
ACCOUNTABILITY IN THE DEPARTMENT OF
STATE WORKFORCE.
(a) In General.--The Secretary should establish a mechanism to
ensure that appointments or details of Department career employees to
staff positions in the Office of the Secretary, the Office of the Deputy
Secretary of State, the Office of the Counselor of the Department, any
office of the Secretary's Policy Planning Staff, and any office of an
Under Secretary of State, and details to the National Security Council,
are transparent, competitive, inclusive, and merit-based.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary shall submit a report to the appropriate
congressional committees regarding the mechanism established pursuant to
subsection (a).
(c) Availability.--The Secretary shall--
(1) use transparent, competitive, inclusive, and merit-based
processes for appointments and details to the staff positions
specified in subsection (a); and
[[Page 136 STAT. 3897]]
(2) ensure that such positions are equally available to all
employees of the Civil Service and the Foreign Service of the
Department.
SEC. 9405. <<NOTE: 22 USC 2734g note.>> RULE OF CONSTRUCTION.
Nothing in this title may be construed as altering existing law
regarding merit system principles.
TITLE XCV--INFORMATION SECURITY AND CYBER DIPLOMACY
SEC. 9501. <<NOTE: 22 USC 10301.>> UNITED STATES INTERNATIONAL
CYBERSPACE POLICY.
(a) In General.--It is the policy of the United States--
(1) to work internationally to promote an open,
interoperable, reliable, and secure internet governed by the
multi-stakeholder model, which--
(A) promotes democracy, the rule of law, and human
rights, including freedom of expression;
(B) supports the ability to innovate, communicate,
and promote economic prosperity; and
(C) is designed to protect privacy and guard against
deception, malign influence, incitement to violence,
harassment and abuse, fraud, and theft;
(2) to encourage and aid United States allies and partners
in improving their own technological capabilities and resiliency
to pursue, defend, and protect shared interests and values, free
from coercion and external pressure; and
(3) in furtherance of the efforts described in paragraphs
(1) and (2)--
(A) to provide incentives to the private sector to
accelerate the development of the technologies referred
to in such paragraphs;
(B) to modernize and harmonize with allies and
partners export controls and investment screening
regimes and associated policies and regulations; and
(C) to enhance United States leadership in technical
standards-setting bodies and avenues for developing
norms regarding the use of digital tools.
(b) <<NOTE: President.>> Implementation.--In implementing the
policy described in subsection (a), the President, in consultation with
outside actors, as appropriate, including private sector companies,
nongovernmental organizations, security researchers, and other relevant
stakeholders, in the conduct of bilateral and multilateral relations,
shall strive--
(1) to clarify the applicability of international laws and
norms to the use of information and communications technology
(referred to in this subsection as ``ICT'');
(2) to reduce and limit the risk of escalation and
retaliation in cyberspace, damage to critical infrastructure,
and other malicious cyber activity that impairs the use and
operation of critical infrastructure that provides services to
the public;
(3) to cooperate with like-minded countries that share
common values and cyberspace policies with the United States,
including respect for human rights, democracy, and the rule of
law, to advance such values and policies internationally;
[[Page 136 STAT. 3898]]
(4) to encourage the responsible development of new,
innovative technologies and ICT products that strengthen a
secure internet architecture that is accessible to all;
(5) to secure and implement commitments on responsible
country behavior in cyberspace, including commitments by
countries--
(A) not to conduct, or knowingly support, cyber-
enabled theft of intellectual property, including trade
secrets or other confidential business information, with
the intent of providing competitive advantages to
companies or commercial sectors;
(B) to take all appropriate and reasonable efforts
to keep their territories clear of intentionally
wrongful acts using ICT in violation of international
commitments;
(C) not to conduct or knowingly support ICT activity
that intentionally damages or otherwise impairs the use
and operation of critical infrastructure providing
services to the public, in violation of international
law;
(D) to take appropriate measures to protect the
country's critical infrastructure from ICT threats;
(E) not to conduct or knowingly support malicious
international activity that harms the information
systems of authorized international emergency response
teams (also known as ``computer emergency response
teams'' or ``cybersecurity incident response teams'') of
another country or authorize emergency response teams to
engage in malicious international activity, in violation
of international law;
(F) to respond to appropriate requests for
assistance to mitigate malicious ICT activity emanating
from their territory and aimed at the critical
infrastructure of another country;
(G) not to restrict cross-border data flows or
require local storage or processing of data; and
(H) to protect the exercise of human rights and
fundamental freedoms on the internet, while recognizing
that the human rights that people have offline also need
to be protected online; and
(6) to advance, encourage, and support the development and
adoption of internationally recognized technical standards and
best practices.
SEC. 9502. BUREAU OF CYBERSPACE AND DIGITAL POLICY.
(a) In General.--Section 1 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2651a), is amended--
(1) by redesignating subsections (i) and (j) as subsection
(j) and (k), respectively;
(2) by redesignating subsection (h) (as added by section
361(a)(1) of division FF of the Consolidated Appropriations Act,
2021 (Public Law 116-260)) as subsection (l); and
(3) by inserting after subsection (h) the following:
``(i) Bureau of Cyberspace and Digital Policy.--
``(1) <<NOTE: Establishment. Appointment. President.>> In
general.--There is established, within the Department of State,
the Bureau of Cyberspace and Digital Policy (referred to in this
subsection as the `Bureau'). The head of the Bureau shall have
the rank and status of ambassador and shall be appointed by the
President, by and with the advice and consent of the Senate.
[[Page 136 STAT. 3899]]
``(2) Duties.--
``(A) In general.--The head of the Bureau shall
perform such duties and exercise such powers as the
Secretary of State shall prescribe, including
implementing the diplomatic and foreign policy aspects
of the policy described in section 9501(a) of the
Department of State Authorization Act of 2022.
``(B) Duties described.--The principal duties and
responsibilities of the head of the Bureau shall, in
furtherance of the diplomatic and foreign policy mission
of the Department of State, be--
``(i) to serve as the principal cyberspace
policy official within the senior management of
the Department of State and as the advisor to the
Secretary of State for cyberspace and digital
issues;
``(ii) to lead, coordinate, and execute, in
coordination with other relevant bureaus and
offices, the Department of State's diplomatic
cyberspace, and cybersecurity efforts (including
efforts related to data privacy, data flows,
internet governance, information and
communications technology standards, and other
issues that the Secretary has assigned to the
Bureau);
``(iii) to coordinate with relevant Federal
agencies and the Office of the National Cyber
Director to ensure the diplomatic and foreign
policy aspects of the cyber strategy in section
9501 of the Department of State Authorization Act
of 2022 and any other subsequent strategy are
implemented in a manner that is fully integrated
with the broader strategy;
``(iv) to promote an open, interoperable,
reliable, and secure information and
communications technology infrastructure globally;
``(v) to represent the Secretary of State in
interagency efforts to develop and advance Federal
Government cyber priorities and activities,
including efforts to develop credible national
capabilities, strategies, and policies to deter
and counter cyber adversaries, and carry out the
purposes of title V of the Department of State
Authorization Act of 2022;
``(vi) to engage civil society, the private
sector, academia, and other public and private
entities on relevant international cyberspace and
international information and communications
technology issues;
``(vii) to support United States Government
efforts to uphold and further develop global
deterrence frameworks for malicious cyber
activity;
``(viii) to advise the Secretary of State and
coordinate with foreign governments regarding
responses to national security-level cyber
incidents, including coordination on diplomatic
response efforts to support allies and partners
threatened by malicious cyber activity, in
conjunction with members of the North Atlantic
Treaty Organization and like-minded countries;
``(ix) to promote the building of foreign
capacity relating to cyberspace policy priorities;
[[Page 136 STAT. 3900]]
``(x) to promote an open, interoperable,
reliable, and secure information and
communications technology infrastructure globally
and an open, interoperable, secure, and reliable
internet governed by the multi-stakeholder model;
``(xi) to promote an international environment
for technology investments and the internet that
benefits United States economic and national
security interests;
``(xii) to promote cross-border flow of data
and combat international initiatives seeking to
impose unreasonable requirements on United States
businesses;
``(xiii) to promote international policies to
protect the integrity of United States and
international telecommunications infrastructure
from foreign-based threats, including cyber-
enabled threats;
``(xiv) to lead engagement, in coordination
with relevant executive branch agencies, with
foreign governments on relevant international
cyberspace, cybersecurity, cybercrime, and digital
economy issues described in title V of the
Department of State Authorization Act of 2022;
``(xv) to promote international policies, in
coordination with the Department of Commerce, to
secure radio frequency spectrum in the best
interests of the United States;
``(xvi) to promote and protect the exercise of
human rights, including freedom of speech and
religion, through the internet;
``(xvii) to build capacity of United States
diplomatic officials to engage on cyberspace
issues;
``(xviii) to encourage the development and
adoption by foreign countries of internationally
recognized standards, policies, and best
practices;
``(xix) to support efforts by the Global
Engagement Center to counter cyber-enabled
information operations against the United States
or its allies and partners; and
``(xx) to conduct such other matters as the
Secretary of State may assign.
``(3) Qualifications.--The head of the Bureau should be an
individual of demonstrated competency in the fields of--
``(A) cybersecurity and other relevant cyberspace
and information and communications technology policy
issues; and
``(B) international diplomacy.
``(4) Organizational placement.--
``(A) Initial placement.--Except as provided in
subparagraph (B), the head of the Bureau shall report to
the Deputy Secretary of State.
``(B) <<NOTE: Deadline.>> Subsequent placement.--
The head of the Bureau may report to an Under Secretary
of State or to an official holding a higher position
than Under Secretary if, not later than 15 days before
any change in such reporting structure, the Secretary of
State--
[[Page 136 STAT. 3901]]
``(i) <<NOTE: Consultation.>> consults with
the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House
of Representatives; and
``(ii) <<NOTE: Reports.>> submits a report to
such committees that--
``(I) indicates that the Secretary,
with respect to the reporting structure
of the Bureau, has consulted with and
solicited feedback from--
``(aa) other relevant
Federal entities with a role in
international aspects of cyber
policy; and
``(bb) the elements of the
Department of State with
responsibility for aspects of
cyber policy, including the
elements reporting to--
``(AA) the Under
Secretary of State for
Political Affairs;
``(BB) the Under
Secretary of State for
Civilian Security,
Democracy, and Human Rights;
``(CC) the Under
Secretary of State for
Economic Growth, Energy, and
the Environment;
``(DD) the Under
Secretary of State for Arms
Control and International
Security Affairs;
``(EE) the Under
Secretary of State for
Management; and
``(FF) the Under
Secretary of State for
Public Diplomacy and Public
Affairs;
``(II) describes the new reporting
structure for the head of the Bureau and
the justification for such new
structure; and
``(III) <<NOTE: Plan.>> includes a
plan describing how the new reporting
structure will better enable the head of
the Bureau to carry out the duties
described in paragraph (2), including
the security, economic, and human rights
aspects of cyber diplomacy.
``(5) Special hiring authorities.--The Secretary of State
may--
``(A) appoint up to 25 employees to cyber positions
in the Bureau without regard to the provisions of
subchapter I of chapter 33 of title 5, United States
Code, regarding appointments in the competitive service;
and
``(B) fix the rates of basic pay of such employees
without regard to chapter 51 and subchapter III of
chapter 53 of such title regarding classification and
General Schedule pay rates, provided that the rates for
such positions do not exceed the annual rate of basic
pay in effect for a position at level IV of the
Executive Schedule under section 5315 of title 5, United
States Code.
``(6) Coordination.--In implementing the duties prescribed
under paragraph (2), the head of the Bureau shall coordinate
with the heads of other Federal agencies, including the
Department of Commerce, the Department of Homeland Security, and
other Federal agencies that the National Cyber Director deems
appropriate.
``(7) Rule of construction.--Nothing in this subsection may
be construed--
[[Page 136 STAT. 3902]]
``(A) to preclude the head of the Bureau from being
designated as an Assistant Secretary, if such an
Assistant Secretary position does not increase the
number of Assistant Secretary positions at the
Department above the number authorized under subsection
(c)(1); or
``(B) to alter or modify the existing authorities of
any other Federal agency or official.''.
(b) Sense of Congress.--It is the sense of Congress that the Bureau
established under section 1(i) of the State Department Basic Authorities
Act of 1956, as added by subsection (a), should have a diverse workforce
composed of qualified individuals, including individuals belonging to an
underrepresented group.
(c) <<NOTE: 22 USC 10301 note.>> United Nations.--The Permanent
Representative of the United States to the United Nations should use the
voice, vote, and influence of the United States to oppose any measure
that is inconsistent with the policy described in section 9501(a).
SEC. 9503. <<NOTE: 22 USC 10302.>> INTERNATIONAL CYBERSPACE AND
DIGITAL POLICY STRATEGY.
(a) <<NOTE: Deadline. President.>> Strategy Required.--Not later
than 1 year after the date of the enactment of this Act, the President,
acting through the Secretary, and in coordination with the heads of
other relevant Federal departments and agencies, shall develop an
international cyberspace and digital policy strategy.
(b) <<NOTE: Reviews.>> Elements.--The strategy required under
subsection (a) shall include--
(1) a review of actions and activities undertaken to support
the policy described in section 9501(a);
(2) <<NOTE: Plan.>> a plan of action to guide the diplomacy
of the Department with regard to foreign countries, including--
(A) conducting bilateral and multilateral
activities--
(i) to develop and support the implementation
of norms of responsible country behavior in
cyberspace consistent with the commitments listed
in section 9501(b)(5);
(ii) to reduce the frequency and severity of
cyberattacks on United States individuals,
businesses, governmental agencies, and other
organizations;
(iii) to reduce cybersecurity risks to United
States and allied critical infrastructure;
(iv) to improve allies' and partners'
collaboration with the United States on
cybersecurity issues, including information
sharing, regulatory coordination and improvement,
and joint investigatory and law enforcement
operations related to cybercrime; and
(v) to share best practices and advance
proposals to strengthen civilian and private
sector resiliency to threats and access to
opportunities in cyberspace; and
(B) reviewing the status of existing efforts in
relevant multilateral fora, as appropriate, to obtain
commitments on international norms regarding cyberspace;
(3) a review of alternative concepts for international norms
regarding cyberspace offered by foreign countries;
(4) a detailed description, in consultation with the Office
of the National Cyber Director and relevant Federal agencies, of
new and evolving threats regarding cyberspace from foreign
adversaries, state-sponsored actors, and non-state actors to--
[[Page 136 STAT. 3903]]
(A) United States national security;
(B) the Federal and private sector cyberspace
infrastructure of the United States;
(C) intellectual property in the United States; and
(D) the privacy and security of citizens of the
United States;
(5) a review of the policy tools available to the President
to deter and de-escalate tensions with foreign countries, state-
sponsored actors, and private actors regarding--
(A) threats in cyberspace;
(B) the degree to which such tools have been used;
and
(C) whether such tools have been effective
deterrents;
(6) a review of resources required to conduct activities to
build responsible norms of international cyber behavior;
(7) a review, in coordination with the Office of the
National Cyber Director and the Office of Management and Budget,
to determine whether the budgetary resources, technical
expertise, legal authorities, and personnel available to the
Department are adequate to achieve the actions and activities
undertaken by the Department to support the policy described in
section 9501(a);
(8) <<NOTE: Determination.>> a review to determine whether
the Department is properly organized and coordinated with other
Federal agencies to achieve the objectives described in section
9501(b); and
(9) <<NOTE: Plan.>> a plan of action, developed in
coordination with the Department of Defense and in consultation
with other relevant Federal departments and agencies as the
President may direct, with respect to the inclusion of cyber
issues in mutual defense agreements.
(c) Form of Strategy.--
(1) <<NOTE: Federal Register, publication.>> Public
availability.--The strategy required under subsection (a) shall
be available to the public in unclassified form, including
through publication in the Federal Register.
(2) Classified annex.--The strategy required under
subsection (a) may include a classified annex.
(d) <<NOTE: Deadline.>> Briefing.--Not later than 30 days after the
completion of the strategy required under subsection (a), the Secretary
shall brief the Committee on Foreign Relations of the Senate, the Select
Committee on Intelligence of the Senate, the Committee on Armed Services
of the Senate, the Committee on Foreign Affairs of the House of
Representatives, the Permanent Select Committee on Intelligence of the
House of Representatives, and the Committee on Armed Services of the
House of Representatives regarding the strategy, including any material
contained in a classified annex.
(e) <<NOTE: Deadlines.>> Updates.--The strategy required under
subsection (a) shall be updated--
(1) not later than 90 days after any material change to
United States policy described in such strategy; and
(2) not later than 1 year after the inauguration of each new
President.
SEC. 9504. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON CYBER
DIPLOMACY.
Not <<NOTE: Briefing. Assessments.>> later than 18 months after the
date of the enactment of this Act, the Comptroller General of the United
States shall
[[Page 136 STAT. 3904]]
submit a report and provide a briefing to the appropriate congressional
committees that includes--
(1) an assessment of the extent to which United States
diplomatic processes and other efforts with foreign countries,
including through multilateral fora, bilateral engagements, and
negotiated cyberspace agreements, advance the full range of
United States interests regarding cyberspace, including the
policy described in section 9501(a);
(2) <<NOTE: Review.>> an assessment of the Department's
organizational structure and approach to managing its diplomatic
efforts to advance the full range of United States interests
regarding cyberspace, including a review of--
(A) the establishment of a Bureau within the
Department to lead the Department's international cyber
mission;
(B) the current or proposed diplomatic mission,
structure, staffing, funding, and activities of such
Bureau;
(C) how the establishment of such Bureau has
impacted or is likely to impact the structure and
organization of the Department; and
(D) what challenges, if any, the Department has
faced or will face in establishing such Bureau; and
(3) any other matters that the Comptroller General
determines to be relevant.
SEC. 9505. REPORT ON DIPLOMATIC PROGRAMS TO DETECT AND RESPOND TO
CYBER THREATS AGAINST ALLIES AND
PARTNERS.
Not <<NOTE: Assessments.>> later than 180 days after the date of
the enactment of this Act, the Secretary, in coordination with the heads
of other relevant Federal agencies, shall submit a report to the
appropriate congressional committees that assesses the capabilities of
the Department to provide civilian-led support for acute cyber incident
response in ally and partner countries that includes--
(1) a description and assessment of the Department's
coordination with cyber programs and operations of the
Department of Defense and the Department of Homeland Security;
(2) <<NOTE: Recommenda- tions.>> recommendations on how to
improve coordination and executive of Department involvement in
programs or operations to support allies and partners in
responding to acute cyber incidents; and
(3) the budgetary resources, technical expertise, legal
authorities, and personnel needed for the Department to
formulate and implement the programs described in this section.
SEC. 9506. <<NOTE: 22 USC 10303.>> CYBERSECURITY RECRUITMENT AND
RETENTION.
(a) Sense of Congress.--It is the sense of Congress that improving
computer programming language proficiency will improve--
(1) the cybersecurity effectiveness of the Department; and
(2) the ability of foreign service officers to engage with
foreign audiences on cybersecurity matters.
(b) Technology Talent Acquisition.--
(1) Establishment.--The Secretary shall establish positions
within the Bureau of Global Talent Management that are solely
dedicated to the recruitment and retention of Department
personnel with backgrounds in cybersecurity, engineering, data
science, application development, artificial intelligence,
[[Page 136 STAT. 3905]]
critical and emerging technology, and technology and digital
policy.
(2) Goals.--The goals of the positions described in
paragraph (1) shall be--
(A) to fulfill the critical need of the Department
to recruit and retain employees for cybersecurity,
digital, and technology positions;
(B) to actively recruit relevant candidates from
academic institutions, the private sector, and related
industries;
(C) to work with the Office of Personnel Management
and the United States Digital Service to develop and
implement best strategies for recruiting and retaining
technology talent; and
(D) to inform and train supervisors at the
Department on the use of the authorities listed in
subsection (c)(1).
(3) <<NOTE: Deadline.>> Implementation plan.--Not later
than 180 days after the date of the enactment of this Act, the
Secretary shall submit a plan to the appropriate congressional
committees that describes how the objectives and goals set forth
in paragraphs (1) and (2) will be implemented.
(4) <<NOTE: Time period.>> Authorization of
appropriations.--There is authorized to be appropriated $750,000
for each of the fiscal years 2023 through 2027 to carry out this
subsection.
(c) Annual Report on Hiring Authorities.--Not later than 1 year
after the date of the enactment of this Act, and annually thereafter for
the following 5 years, the Secretary shall submit a report to the
appropriate congressional committees that includes--
(1) <<NOTE: List.>> a list of the hiring authorities
available to the Department to recruit and retain personnel with
backgrounds in cybersecurity, engineering, data science,
application development, artificial intelligence, critical and
emerging technology, and technology and digital policy;
(2) <<NOTE: List.>> a list of which hiring authorities
described in paragraph (1) have been used during the previous 5
years;
(3) the number of employees in qualified positions hired,
aggregated by position and grade level or pay band;
(4) the number of employees who have been placed in
qualified positions, aggregated by bureau and offices within the
Department;
(5) the rate of attrition of individuals who begin the
hiring process and do not complete the process and a description
of the reasons for such attrition;
(6) the number of individuals who are interviewed by subject
matter experts and the number of individuals who are not
interviewed by subject matter experts; and
(7) <<NOTE: Recommenda- tions.>> recommendations for--
(A) reducing the attrition rate referred to in
paragraph (5) by 5 percent each year;
(B) additional hiring authorities needed to acquire
needed technology talent;
(C) hiring personnel to hold public trust positions
until such personnel can obtain the necessary security
clearance; and
(D) informing and training supervisors within the
Department on the use of the authorities listed in
paragraph (1).
[[Page 136 STAT. 3906]]
(d) Incentive Pay for Cybersecurity Professionals.--To increase the
number of qualified candidates available to fulfill the cybersecurity
needs of the Department, the Secretary shall--
(1) include computer programming languages within the
Recruitment Language Program; and
(2) provide appropriate language incentive pay.
(e) <<NOTE: List.>> Report.--Not later than 1 year after the date
of the enactment of this Act, and annually thereafter for the following
5 years, the Secretary shall provide a list to the appropriate
congressional committees that identifies--
(1) the computer programming languages included within the
Recruitment Language Program and the language incentive pay
rate; and
(2) the number of individuals benefitting from the inclusion
of such computer programming languages in the Recruitment
Language Program and language incentive pay.
SEC. 9507. <<NOTE: 22 USC 10304.>> SHORT COURSE ON EMERGING
TECHNOLOGIES FOR SENIOR OFFICIALS.
(a) <<NOTE: Deadline.>> In General.--Not later than 1 year after
the date of the enactment of this Act, the Secretary shall develop and
begin providing, for senior officials of the Department, a course
addressing how the most recent and relevant technologies affect the
activities of the Department.
(b) <<NOTE: Time periods.>> Throughput Objectives.--The Secretary
should ensure that--
(1) during the first year that the course developed pursuant
to subsection (a) is offered, not fewer than 20 percent of
senior officials are certified as having passed such course; and
(2) in each subsequent year, until the date on which 80
percent of senior officials are certified as having passed such
course, an additional 10 percent of senior officials are
certified as having passed such course.
SEC. 9508. <<NOTE: Time periods. 22 USC 10305.>> ESTABLISHMENT
AND EXPANSION OF REGIONAL TECHNOLOGY
OFFICER PROGRAM.
(a) Regional Technology Officer Program.--
(1) Establishment.--The Secretary shall establish a program,
which shall be known as the ``Regional Technology Officer
Program'' (referred to in this section as the ``Program'').
(2) Goals.--The goals of the Program shall include the
following:
(A) Promoting United States leadership in technology
abroad.
(B) Working with partners to increase the deployment
of critical and emerging technology in support of
democratic values.
(C) Shaping diplomatic agreements in regional and
international fora with respect to critical and emerging
technologies.
(D) Building diplomatic capacity for handling
critical and emerging technology issues.
(E) Facilitating the role of critical and emerging
technology in advancing the foreign policy objectives of
the United States through engagement with research labs,
incubators, and venture capitalists.
(F) Maintaining the advantages of the United States
with respect to critical and emerging technologies.
[[Page 136 STAT. 3907]]
(b) <<NOTE: Deadline. Strategies.>> Implementation Plan.--Not later
than 180 days after the date of the enactment of this Act, the Secretary
shall submit an implementation plan to the appropriate congressional
committees that outlines strategies for--
(1) advancing the goals described in subsection (a)(2);
(2) hiring Regional Technology Officers and increasing the
competitiveness of the Program within the Foreign Service
bidding process;
(3) expanding the Program to include a minimum of 15
Regional Technology Officers; and
(4) assigning not fewer than 2 Regional Technology Officers
to posts within--
(A) each regional bureau of the Department; and
(B) the Bureau of International Organization
Affairs.
(c) <<NOTE: Deadlines.>> Annual Briefing Requirement.--Not later
than 180 days after the date of the enactment of this Act, and annually
thereafter for the following 5 years, the Secretary shall brief the
appropriate congressional committees regarding the status of the
implementation plan required under subsection (b).
(d) Authorization of Appropriations.--There is authorized to be
appropriated up to $25,000,000 for each of the fiscal years 2023 through
2027 to carry out this section.
SEC. 9509. <<NOTE: 22 USC 10306.>> VULNERABILITY DISCLOSURE
POLICY AND BUG BOUNTY PROGRAM REPORT.
(a) Definitions.--In this section:
(1) Bug bounty program.--The term ``bug bounty program''
means a program under which an approved individual,
organization, or company is temporarily authorized to identify
and report vulnerabilities of internet-facing information
technology of the Department in exchange for compensation.
(2) Information technology.--The term ``information
technology'' has the meaning given such term in section 11101 of
title 40, United States Code.
(b) Vulnerability Disclosure Policy.--
(1) <<NOTE: Public information.>> In general.--Not later
than 180 days after the date of the enactment of this Act, the
Secretary shall design, establish, and make publicly known a
Vulnerability Disclosure Policy (referred to in this section as
the ``VDP'') to improve Department cybersecurity by--
(A) creating Department policy and infrastructure to
receive reports of and remediate discovered
vulnerabilities in line with existing policies of the
Office of Management and Budget and the Department of
Homeland Security Binding Operational Directive 20-01 or
any subsequent directive; and
(B) providing a report on such policy and
infrastructure to Congress.
(2) Annual reports.--Not later than 180 days after the
establishment of the VDP pursuant to paragraph (1), and annually
thereafter for the following 5 years, the Secretary shall submit
a report on the VDP to the Committee on Foreign Relations of the
Senate, the Committee on Homeland Security and Governmental
Affairs of the Senate, the Select Committee on Intelligence of
the Senate, the Committee on Foreign Affairs of the House of
Representatives, the Committee on Homeland Security of the House
of Representatives, and the Permanent
[[Page 136 STAT. 3908]]
Select Committee on Intelligence of the House of Representatives
that includes information relating to--
(A) the number and severity of all security
vulnerabilities reported;
(B) the number of previously unidentified security
vulnerabilities remediated as a result;
(C) the current number of outstanding previously
unidentified security vulnerabilities and Department of
State remediation plans;
(D) the average time between the reporting of
security vulnerabilities and remediation of such
vulnerabilities;
(E) the resources, surge staffing, roles, and
responsibilities within the Department used to implement
the VDP and complete security vulnerability remediation;
(F) how the VDP identified vulnerabilities are
incorporated into existing Department vulnerability
prioritization and management processes;
(G) any challenges in implementing the VDP and plans
for expansion or contraction in the scope of the VDP
across Department information systems; and
(H) any other topic that the Secretary determines to
be relevant.
(c) Bug Bounty Program Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit a report
to Congress that describes any ongoing efforts by the Department
or a third-party vendor under contract with the Department to
establish or carry out a bug bounty program that identifies
security vulnerabilities of internet-facing information
technology of the Department.
(2) Report.--Not later than 180 days after the date on which
any bug bounty program is established, the Secretary shall
submit a report to the Committee on Foreign Relations of the
Senate, the Committee on Homeland Security and Governmental
Affairs of the Senate, the Committee on Foreign Affairs of the
House of Representatives, and the Committee on Homeland Security
of the House of Representatives regarding such program,
including information relating to--
(A) the number of approved individuals,
organizations, or companies involved in such program,
disaggregated by the number of approved individuals,
organizations, or companies that--
(i) registered;
(ii) were approved;
(iii) submitted security vulnerabilities; and
(iv) received compensation;
(B) the number and severity of all security
vulnerabilities reported as part of such program;
(C) the number of previously unidentified security
vulnerabilities remediated as a result of such program;
(D) the current number of outstanding previously
unidentified security vulnerabilities and Department
remediation plans for such outstanding vulnerabilities;
(E) the average length of time between the reporting
of security vulnerabilities and remediation of such
vulnerabilities;
[[Page 136 STAT. 3909]]
(F) the types of compensation provided under such
program;
(G) the lessons learned from such program;
(H) the public accessibility of contact information
for the Department regarding the bug bounty program;
(I) the incorporation of bug bounty program
identified vulnerabilities into existing Department
vulnerability prioritization and management processes;
and
(J) any challenges in implementing the bug bounty
program and plans for expansion or contraction in the
scope of the bug bounty program across Department
information systems.
TITLE XCVI--PUBLIC DIPLOMACY
SEC. 9601. UNITED STATES PARTICIPATION IN INTERNATIONAL FAIRS AND
EXPOSITIONS.
(a) Defined Term.--In this section, the term ``appropriate
committees of Congress'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
(b) <<NOTE: Time periods.>> Authorization of Appropriations.--
Consistent with section 204 of the Admiral James W. Nance and Meg
Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001
(22 U.S.C. 2452b), subject to subsections (c) and (d), there is
authorized to be appropriated to the Department up to $25,000,000 for
each of the fiscal years 2023 and 2024 for United States participation
in international fairs and expositions abroad, including for the
construction and operation of a United States pavilion at Expo 2025
Osaka.
(c) Cost-share Requirement.--Amounts made available pursuant to
subsection (b) to the Department for a United States pavilion or other
major exhibit at an international fair or exposition abroad shall be
made available on a cost-matching basis, to the maximum extent
practicable, from sources other than the United States Government.
(d) Notification.--
(1) <<NOTE: Time period.>> In general.--No funds made
available pursuant to subsection (b) to the Department for a
United States pavilion or other major exhibit at an
international fair or exposition abroad may be obligated until
at least 15 days after the appropriate committees of Congress
have been notified of such intended obligation.
(2) Matters to be included.--Each notification under
paragraph (1) shall include--
(A) a description of the source of such funds,
including any funds reprogrammed or transferred by the
Department to be made available for such pavilion or
other major exhibit abroad;
(B) <<NOTE: Estimate.>> an estimate of the amount
of investment such pavilion or other major exhibit
abroad could bring to the United States; and
[[Page 136 STAT. 3910]]
(C) a description of the strategy of the Department
to identify and obtain such matching funds from sources
other than the United States Government, in accordance
with subsection (c).
(e) Final Report.--Not later than 180 days after the date on which a
United States pavilion or other major exhibit abroad is opened at an
international fair or exposition in accordance with this section, the
Secretary shall submit a report to the appropriate committees of
Congress that includes--
(1) the number of United States businesses that participated
in such pavilion or other major exhibit; and
(2) the dollar amount and source of any matching funds
obtained by the Department.
SEC. 9602. UNDER SECRETARY FOR PUBLIC DIPLOMACY AND PUBLIC
AFFAIRS.
(a) Financial and Human Resources Coordination.--Section 1(b)(3) of
the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a) is
amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(F) coordinate the allocation and management of
the financial and human resources for public diplomacy,
including for--
``(i) the Bureau of Educational and Cultural
Affairs;
``(ii) the Bureau of Global Public Affairs;
``(iii) the Office of Policy, Planning, and
Resources for Public Diplomacy and Public Affairs;
``(iv) the Global Engagement Center; and
``(v) the public diplomacy functions within
the regional and functional bureaus.''.
(b) Sense of Congress on the Importance of Filling the Position of
Under Secretary for Public Diplomacy and Public Affairs.--It is the
sense of Congress that since a vacancy in the position of Under
Secretary of State for Public Diplomacy and Public Affairs is
detrimental to the national security interests of the United States, the
President should expeditiously nominate a qualified individual to such
position whenever such vacancy occurs to ensure that the bureaus
reporting to such position are able to fulfill their mission of--
(1) expanding and strengthening relationships between the
people of the United States and citizens of other countries; and
(2) engaging, informing, and understanding the perspectives
of foreign audiences.
SEC. 9603. REPORT ON PUBLIC DIPLOMACY.
Not later than 120 days after the date of the enactment of this Act,
the Secretary shall submit to the appropriate congressional committees a
report that includes--
(1) <<NOTE: Evaluation.>> an evaluation of the May 2019
merger of the Bureau of Public Affairs and the Bureau of
International Information Programs to form the Bureau of Global
Public Affairs with respect to--
[[Page 136 STAT. 3911]]
(A) the efficacy of the current configuration of the
bureaus reporting to the Under Secretary of State for
Public Diplomacy and Public Affairs in achieving the
mission of the Department;
(B) <<NOTE: Data. Evaluations.>> the metrics before
and after such merger, including personnel data,
disaggregated by position and location, content
production, opinion polling, program evaluations, and
media appearances;
(C) <<NOTE: Survey.>> the results of a survey of
public diplomacy practitioners to determine their
opinion of the efficacy of such merger and any
adjustments that still need to be made; and
(D) <<NOTE: Plans. Evaluation. Time
period. Summary.>> a plan for evaluating and
monitoring, not less frequently than once every 2 years,
the programs, activities, messaging, professional
development efforts, and structure of the Bureau of
Global Public Affairs, and submitting a summary of each
such evaluation to the appropriate congressional
committees; and
(2) <<NOTE: Review. Recommenda- tions.>> a review of recent
outside recommendations for modernizing diplomacy at the
Department with respect to public diplomacy efforts, including--
(A) efforts in each of the bureaus reporting to the
Under Secretary of State for Public Diplomacy and Public
Affairs to address issues of diversity and inclusion in
their work, structure, data collection, programming, and
personnel, including any collaboration with the Chief
Diversity and Inclusion Officer;
(B) <<NOTE: Proposals.>> proposals to collaborate
with think tanks and academic institutions working on
public diplomacy issues to implement recent outside
recommendations; and
(C) additional authorizations and appropriations
necessary to implement such recommendations.
SEC. 9604. PROMOTING PEACE, EDUCATION, AND CULTURAL EXCHANGE
THROUGH MUSIC DIPLOMACY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) music is an important conveyer of culture and can be
used to communicate values and build understanding between
communities;
(2) musical artists play a valuable role in cross-cultural
exchange, and their works and performances can promote
peacebuilding and conflict resolution efforts;
(3) the music industry in the United States has made
important contributions to American society and culture, and
musicians and industry professionals in the United States can
offer valuable expertise to young musical artists around the
world; and
(4) the United States Government should promote exchange
programs, especially programs that leverage the expertise and
resources of the private sector, that give young musical artists
from around the world the chance--
(A) to improve their skills;
(B) share ideas;
(C) learn about American culture; and
(D) develop the necessary skills to support conflict
resolution and peacebuilding efforts in their
communities and broader societies.
[[Page 136 STAT. 3912]]
(b) Authorization of Music-related Exchange Programs.--The Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.;
commonly known as the Fulbright-Hays Act) is amended--
(1) in section 102(a)(2) (22 U.S.C. 2452(a)(2))--
(A) in clause (iii), by inserting ``and'' at the
end; and
(B) in clause (iv)--
(i) by inserting ``, including in coordination
and consultation with the private sector,'' before
``similar''; and
(ii) by striking the period at the end and
inserting ``; and''; and
(2) in section 112(a) (22 U.S.C. 2460(a))--
(A) in paragraph (8), by striking ``and'' at the
end;
(B) in paragraph (9), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(10) exchange programs, including in coordination and
consultation with the private sector, focused on music and the
performing arts that provide opportunities for foreign nationals
and Americans to build cross-cultural understanding and advance
peace abroad.''.
(c) <<NOTE: 22 USC 2460 note.>> Private Sector Partnerships.--
(1) In general.--The Secretary should continue--
(A) to partner with the private sector in support of
music-related exchange programs implemented by the
Bureau of Educational and Cultural Affairs (referred to
in this section as the ``ECA'');
(B) to leverage private sector expertise in
developing and implementing such programs; and
(C) to expand networking and mentorship
opportunities for program participants.
(2) Authorization of certain partnerships.--The Secretary is
authorized to partner with the private sector to recognize
musicians--
(A) whose works or performances have advanced peace
abroad; and
(B) who could contribute to networking and
mentorship opportunities for participants of music-
related exchange programs implemented by ECA.
(d) Strategy.--
(1) <<NOTE: Deadline.>> In general.--Not later than 1 year
after the date of the enactment of this Act, the Secretary shall
submit a strategy to the appropriate congressional committees,
the Committee on Appropriations of the Senate, and the Committee
on Appropriations of the House of Representatives for advancing
United States foreign policy goals, including conflict
resolution and peacebuilding efforts, through music-related
exchange programs implemented by ECA. <<NOTE: Plans.>> Such
strategy shall include--
(A) a description of clearly defined annual goals,
targets, and planned outcomes for each music-related
exchange program;
(B) <<NOTE: Evaluation.>> a plan to monitor and
evaluate each music-related exchange program and
progress made toward achieving such goals, targets, and
planned outcomes, including measurable benchmarks;
[[Page 136 STAT. 3913]]
(C) a plan to ensure that music-related exchange
programs are promoting United States foreign policy
objectives, including ensuring such programs are clearly
branded and paired with robust public diplomacy efforts;
(D) a plan to pursue partnerships with the private
sector while implementing music-related exchange
programs, including leveraging industry expertise and
expanding networking and mentorship opportunities for
program participants;
(E) examples of how ECA's music-related exchange
programs have contributed to conflict resolution and
peacebuilding efforts to date, including through
participant and alumni actions;
(F) a description of lessons learned regarding how
to better encourage conflict resolution and
peacebuilding efforts through ECA's music-related
exchange programs; and
(G) a plan to incorporate such lessons learned into
relevant current and future programming.
(2) Consultation.--In developing the strategy required under
paragraph (1), the Secretary shall consult with the appropriate
congressional committees and relevant private sector partners.
TITLE XCVII--OTHER MATTERS
SEC. 9701. <<NOTE: 22 USC 276c-6.>> SUPPORTING THE EMPLOYMENT OF
UNITED STATES CITIZENS BY INTERNATIONAL
ORGANIZATIONS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Department should continue to eliminate the
unreasonable barriers United States nationals face to obtain
employment in the United Nations Secretariat, funds, programs,
and agencies; and
(2) the Department should bolster efforts to increase the
number of qualified United States nationals who are candidates
for leadership and oversight positions in the United Nations
system, agencies, and commissions, and in other international
organizations.
(b) In General.--The Secretary is authorized to promote the
employment and advancement of United States citizens by international
organizations and bodies, including by--
(1) providing stipends, consultation, and analytical
services to support United States citizen applicants; and
(2) <<NOTE: Grants.>> making grants for the purposes
described in paragraph (1).
(c) Using Diplomatic Programs Funding To Promote the Employment of
United States Citizens by International Organizations.--
<<NOTE: Grants.>> Amounts appropriated under the heading ``Diplomatic
Programs'' in Acts making appropriations for the Department of State,
Foreign Operations, and Related Programs are authorized to be
appropriated for grants, programs, and activities described in
subsection (b).
(d) Strategy to Establish Junior Professional Program.--
(1) <<NOTE: Deadline. Publication.>> In general.--Not later
than 120 days after the date of the enactment of this Act, the
Secretary, in coordination with the Secretary of the Treasury
and other relevant cabinet
[[Page 136 STAT. 3914]]
members, shall publish a strategy for encouraging United States
citizens to pursue careers with international organizations,
particularly organizations that--
(A) set international scientific, technical, or
commercial standards; or
(B) are involved in international finance and
development.
(2) Report to congress.--Not later than 90 days after the
date of the enactment of this Act, the Secretary, in
coordination with the Secretary of the Treasury and other
relevant cabinet members, shall submit a report to the
appropriate congressional committees that identifies--
(A) the number of United States citizens who are
involved in relevant junior professional programs in an
international organization;
(B) the distribution of individuals described in
subparagraph (A) among various international
organizations; and
(C) the types of pre-deployment training that are
available to United States citizens through a junior
professional program at an international organization.
SEC. 9702. INCREASING HOUSING AVAILABILITY FOR CERTAIN EMPLOYEES
ASSIGNED TO THE UNITED STATES MISSION TO
THE UNITED NATIONS.
Section 9(2) of the United Nations Participation Act of 1945 (22
U.S.C. 287e-1(2)), is amended by striking ``30'' and inserting ``41''.
SEC. 9703. LIMITATION ON UNITED STATES CONTRIBUTIONS TO
PEACEKEEPING OPERATIONS NOT AUTHORIZED
BY THE UNITED NATIONS SECURITY COUNCIL.
The United Nations Participation Act of 1945 (22 U.S.C. 287 et seq.)
is amended by adding at the end the following:
``SEC. 12. <<NOTE: 22 USC 287e-4.>> LIMITATION ON UNITED STATES
CONTRIBUTIONS TO PEACEKEEPING OPERATIONS NOT
AUTHORIZED BY THE UNITED NATIONS SECURITY
COUNCIL.
``None of the funds authorized to be appropriated or otherwise made
available to pay assessed and other expenses of international
peacekeeping activities under this Act may be made available for an
international peacekeeping operation that has not been expressly
authorized by the United Nations Security Council.''.
SEC. 9704. BOARDS OF RADIO FREE EUROPE/RADIO LIBERTY, RADIO FREE
ASIA, THE MIDDLE EAST BROADCASTING
NETWORKS, AND THE OPEN TECHNOLOGY FUND.
The United States International Broadcasting Act of 1994 (22 U.S.C.
6201 et seq.) is amended by inserting after section 306 (22 U.S.C. 6205)
the following:
``SEC. 307. <<NOTE: 22 USC 6206.>> GRANTEE CORPORATE BOARDS OF
DIRECTORS.
``(a) In General.--The corporate board of directors of each grantee
under this title--
``(1) shall be bipartisan;
``(2) shall, except as otherwise provided in this Act, have
the sole responsibility to operate their respective grantees
within the jurisdiction of their respective States of
incorporation;
[[Page 136 STAT. 3915]]
``(3) shall be composed of not fewer than 5 members, who
shall be qualified individuals who are not employed in the
public sector; and
``(4) <<NOTE: Appointments.>> shall appoint successors in
the event of vacancies on their respective boards, in accordance
with applicable bylaws.
``(b) Not Federal Employees.--No employee of any grantee under this
title may be a Federal employee.''.
SEC. 9705. BROADCASTING ENTITIES NO LONGER REQUIRED TO CONSOLIDATE
INTO A SINGLE PRIVATE, NONPROFIT
CORPORATION.
Section 310 of the United States International Broadcasting Act of
1994 (22 U.S.C. 6209) is amended. to read as follows:
``SEC. 310. INCORPORATION AND NON-FEDERAL STATUS OF BROADCASTING
ENTITIES.
``(a) Defined Term.--In this chapter--
``(1) the term `grant' includes agreements under section
6305 of title 31, United States Code; and
``(2) the term `grantee' includes recipients of an agreement
described in paragraph (1).
``(b) <<NOTE: Notification.>> Incorporation.--The Chief Executive
Officer is authorized to incorporate grantees in accordance with the
regular notification procedures of--
``(1) the Committee on Appropriations of the Senate;
``(2) the Committee on Foreign Relations of the Senate;
``(3) the Committee on Appropriations of the House of
Representatives; and
``(4) the Committee on Foreign Affairs of the House of
Representatives.
``(c) Federal Status.--Nothing in this chapter or in any other Act,
and no action taken pursuant to this chapter or any other Act, may be
construed to make a grantee incorporated pursuant to subsection (b), or
any other grantee or entity provided funding by the Agency, a Federal
agency or instrumentality.
``(d) Leadership of Grantee Organizations.--The chief executive
officer or the equivalent official of RFE/RL Inc., Radio Free Asia, the
Open Technology Fund, and the Middle East Broadcasting Networks, and any
other organization that is established or authorized under this chapter,
shall serve at the pleasure of, and may be named by, the Chief Executive
Officer of the Agency, with the concurrence of the Grantee Board and
subject to the approval of the Advisory Board pursuant to section
306.''.
SEC. 9706. INTERNATIONAL BROADCASTING ACTIVITIES.
Section 305(a) of the United States International Broadcasting Act
of 1994 (22 U.S.C. 6204(a)) is amended--
(1) in paragraph (1), by striking ``direct and'';
(2) by striking paragraph (20);
(3) by redesignating paragraphs (21), (22), and (23) as
paragraphs (20), (21), and (22), respectively; and
(4) in paragraph (22), as redesignated, by striking ``and to
condition grants'' and all that follows and inserting a period.
SEC. 9707. <<NOTE: 22 USC 6217.>> GLOBAL INTERNET FREEDOM.
(a) Statement of Policy.--It is the policy of the United States to
promote internet freedom through programs of the Department and USAID
that preserve and expand the internet as an open,
[[Page 136 STAT. 3916]]
global space for freedom of expression and association, which shall be
prioritized for countries--
(1) whose governments restrict freedom of expression on the
internet; and
(2) that are important to the national interest of the
United States.
(b) Purpose and Coordination With Other Programs.--Global internet
freedom programming under this section--
(1) shall be coordinated with other United States foreign
assistance programs that promote democracy and support the
efforts of civil society--
(A) to counter the development of repressive
internet-related laws and regulations, including
countering threats to internet freedom at international
organizations;
(B) to combat violence against bloggers and other
civil society activists who utilize the internet; and
(C) to enhance digital security training and
capacity building for democracy activists;
(2) shall seek to assist efforts--
(A) to research key threats to internet freedom;
(B) to continue the development of technologies that
provide or enhance access to the internet, including
circumvention tools that bypass internet blocking,
filtering, and other censorship techniques used by
authoritarian governments; and
(C) to maintain the technological advantage of the
Federal Government over the censorship techniques
described in subparagraph (B); and
(3) shall be incorporated into country assistance and
democracy promotion strategies, as appropriate.
(c) Authorization of Appropriations.--There are authorized to be
appropriated for fiscal year 2023--
(1) $75,000,000 to the Department and USAID, to continue
efforts to promote internet freedom globally, and shall be
matched, to the maximum extent practicable, by sources other
than the Federal Government, including the private sector; and
(2) $49,000,000 to the United States Agency for Global Media
(referred to in this section as the ``USAGM'') and its grantees,
for internet freedom and circumvention technologies that are
designed--
(A) for open-source tools and techniques to securely
develop and distribute digital content produced by the
USAGM and its grantees;
(B) to facilitate audience access to such digital
content on websites that are censored;
(C) to coordinate the distribution of such digital
content to targeted regional audiences; and
(D) to promote and distribute such tools and
techniques, including digital security techniques.
(d) United States Agency for Global Media Activities.--
(1) Annual certification.--For any new tools or techniques
authorized under subsection (c)(2), the Chief Executive Officer
of the USAGM, in consultation with the President of the Open
Technology Fund (referred to in this subsection as the ``OTF'')
and relevant Federal departments and agencies,
[[Page 136 STAT. 3917]]
shall submit an annual certification to the appropriate
congressional committees that verifies they--
(A) <<NOTE: Evaluations.>> have evaluated the risks
and benefits of such new tools or techniques; and
(B) have established safeguards to minimize the use
of such new tools or techniques for illicit purposes.
(2) Information sharing.--The Secretary may not direct
programs or policy of the USAGM or the OTF, but may share any
research and development with relevant Federal departments and
agencies for the exclusive purposes of--
(A) sharing information, technologies, and best
practices; and
(B) <<NOTE: Assessments.>> assessing the
effectiveness of such technologies.
(3) United states agency for global media.--The Chief
Executive Officer of the USAGM, in consultation with the
President of the OTF, shall--
(A) <<NOTE: Coordination.>> coordinate
international broadcasting programs and incorporate such
programs into country broadcasting strategies, as
appropriate;
(B) <<NOTE: Proposals.>> solicit project proposals
through an open, transparent, and competitive
application process, including by seeking input from
technical and subject matter experts; and
(C) support internet circumvention tools and
techniques for audiences in countries that are strategic
priorities for the OTF, in accordance with USAGM's
annual language service prioritization review.
(e) USAGM Report.--Not later than 120 days after the date of the
enactment of this Act, the Chief Executive Office of the USAGM shall
submit a report to the appropriate congressional committees that
describes--
(1) as of the date of the report--
(A) the full scope of internet freedom programs
within the USAGM, including--
(i) the efforts of the Office of Internet
Freedom; and
(ii) the efforts of the Open Technology Fund;
(B) the capacity of internet censorship
circumvention tools supported by the Office of Internet
Freedom and grantees of the Open Technology Fund that
are available for use by individuals in foreign
countries seeking to counteract censors; and
(C) any barriers to the provision of the efforts
described in clauses (i) and (ii) of subparagraph (A),
including access to surge funding; and
(2) successful examples from the Office of Internet Freedom
and Open Technology Fund involving--
(A) responding rapidly to internet shutdowns in
closed societies; and
(B) ensuring uninterrupted circumvention services
for USAGM entities to promote internet freedom within
repressive regimes.
(f) Joint Report.--Not later than 60 days after the date of the
enactment of this Act, the Secretary and the Administrator of USAID
shall jointly submit a report, which may include a classified annex, to
the appropriate congressional committees that describes--
[[Page 136 STAT. 3918]]
(1) as of the date of the report--
(A) the full scope of internet freedom programs
within the Department and USAID, including--
(i) Department circumvention efforts; and
(ii) USAID efforts to support internet
infrastructure;
(B) the capacity of internet censorship
circumvention tools supported by the Federal Government
that are available for use by individuals in foreign
countries seeking to counteract censors; and
(C) any barriers to provision of the efforts
enumerated in clauses (i) and (ii) of subsection
(e)(1)(A), including access to surge funding; and
(2) any new resources needed to provide the Federal
Government with greater capacity to provide and boost internet
access--
(A) to respond rapidly to internet shutdowns in
closed societies; and
(B) to provide internet connectivity to foreign
locations where the provision of additional internet
access service would promote freedom from repressive
regimes.
(g) Security Audits.--Before providing any support for open source
technologies under this section, such technologies must undergo
comprehensive security audits to ensure that such technologies are
secure and have not been compromised in a manner that is detrimental to
the interest of the United States or to the interests of individuals and
organizations benefitting from programs supported by such funding.
(h) Surge.--
(1) Authorization of appropriations.--Subject to paragraph
(2), there is authorized to be appropriated, in addition to
amounts otherwise made available for such purposes, up to
$2,500,000 to support internet freedom programs in closed
societies, including programs that--
(A) are carried out in crisis situations by vetted
entities that are already engaged in internet freedom
programs;
(B) involve circumvention tools; or
(C) increase the overseas bandwidth for companies
that received Federal funding during the previous fiscal
year.
(2) Certification.--Amounts authorized to be appropriated
pursuant to paragraph (1) may not be expended until the
Secretary has certified to the appropriate congressional
committees, the Committee on Appropriations of the Senate, and
the Committee on Appropriations of the House of Representatives
that the use of such funds is in the national interest of the
United States.
(i) Defined Term.--In this section, the term ``internet censorship
circumvention tool'' means a software application or other tool that an
individual can use to evade foreign government restrictions on internet
access.
SEC. 9708. ARMS EXPORT CONTROL ACT ALIGNMENT WITH THE EXPORT
CONTROL REFORM ACT.
Section 38(e) of the Arms Export Control Act (22 U.S.C. 2778(e)) is
amended--
(1) by striking ``subsections (c), (d), (e), and (g) of
section 11 of the Export Administration Act of 1979, and by
subsections
[[Page 136 STAT. 3919]]
(a) and (c) of section 12 of such Act'' and inserting
``subsections (c) and (d) of section 1760 of the Export Control
Reform Act of 2018 (50 U.S.C. 4819), and by subsections (a)(1),
(a)(2), (a)(3), (a)(4), (a)(7), (c), and (h) of section 1761 of
such Act (50 U.S.C. 4820)'';
(2) by striking ``11(c)(2)(B) of such Act'' and inserting
``1760(c)(2) of such Act (50 U.S.C. 4819(c)(2))'';
(3) by striking ``11(c) of the Export Administration Act of
1979'' and inserting ``section 1760(c) of the Export Control
Reform Act of 2018 (50 U.S.C. 4819(c))''; and
(4) by striking ``$500,000'' and inserting ``the greater of
$1,200,000 or the amount that is twice the value of the
transaction that is the basis of the violation with respect to
which the penalty is imposed.''.
SEC. 9709. INCREASING THE MAXIMUM ANNUAL LEASE PAYMENT AVAILABLE
WITHOUT APPROVAL BY THE SECRETARY.
Section 10(a) of the Foreign Service Buildings Act, 1926 (22 U.S.C.
301(a)), is amended by striking ``$50,000'' and inserting ``$100,000''.
SEC. 9710. REPORT ON UNITED STATES ACCESS TO CRITICAL MINERAL
RESOURCES ABROAD.
Not later than 120 days after the date of the enactment of this Act,
the Secretary shall submit a report to the appropriate congressional
committees that details, with regard to the Department--
(1) diplomatic efforts to ensure United States access to
critical minerals acquired from outside of the United States
that are used to manufacture clean energy technologies; and
(2) collaboration with other parts of the Federal Government
to build a robust supply chain for critical minerals necessary
to manufacture clean energy technologies.
SEC. 9711. OVERSEAS UNITED STATES STRATEGIC INFRASTRUCTURE
DEVELOPMENT PROJECTS.
(a) Assessment of Impact to United States National Security of
Infrastructure Projects by the People's Republic of China in the
Developing World.-- <<NOTE: Reports.>> Not later than 18 months after
the date of the enactment of this Act, the Comptroller General of the
United States shall submit a report to the appropriate congressional
committees, the Select Committee on Intelligence of the Senate, and the
Permanent Select Committee on Intelligence of the House of
Representatives regarding the One Belt, One Road Initiative, which is
the global infrastructure development strategy initiated by the
Government of the People's Republic of China in 2013.
(b) Report Elements.--The report required under subsection (a)
shall--
(1) describe the nature and cost of One Belt, One Road
Initiative investments, operation, and construction of strategic
infrastructure projects, including logistics, refining, and
processing industries and resource facilities, and critical and
strategic mineral resource extraction projects, including an
assessment of--
(A) the strategic benefits of such investments that
are derived by the People's Republic of China and the
host nation; and
[[Page 136 STAT. 3920]]
(B) the negative impacts of such investments to the
host nation and to United States interests;
(2) describe the nature and total funding of United States'
strategic infrastructure investments and construction, such as
projects financed through initiatives such as Prosper Africa and
the Millennium Challenge Corporation;
(3) <<NOTE: Assessment.>> assess the national security
threats posed by the foreign infrastructure investment gap
between the People's Republic of China and the United States,
including strategic infrastructure, such as ports, market access
to, and the security of, critical and strategic minerals,
digital and telecommunications infrastructure, threats to the
supply chains, and general favorability towards the People's
Republic of China and the United States among the populations of
host countries;
(4) <<NOTE: Assessment.>> assess the opportunities and
challenges for companies based in the United States and
companies based in United States partner and allied countries to
invest in foreign strategic infrastructure projects in countries
where the People's Republic of China has focused these types of
investments;
(5) identify challenges and opportunities for the United
States Government and United States partners and allies to more
directly finance and otherwise support foreign strategic
infrastructure projects, including an assessment of the
authorities and capabilities of United States agencies,
departments, public-private partnerships, and international or
multilateral organizations to support such projects without
undermining United States domestic industries, such as domestic
mineral deposits; and
(6) <<NOTE: Recommenda- tions.>> include recommendations
for United States Government agencies to undertake or increase
support for United States businesses to support foreign, large-
scale, strategic infrastructure projects, such as roads, power
grids, and ports.
SEC. 9712. <<NOTE: 22 USC 2651a note.>> PROVISION OF PARKING
SERVICES AND RETENTION OF PARKING FEES.
The Secretary of State may--
(1) provide parking services, including electric vehicle
charging and other parking services, in facilities operated by
or for the Department; and
(2) charge fees for such services that may be deposited into
the appropriate account of the Department, to remain available
until expended for the purposes of such account, provided that
the fees shall not exceed the cost of the providing such
services.
SEC. 9713. <<NOTE: 22 USC 2713 note.>> DIPLOMATIC RECEPTION
AREAS.
(a) Defined Term.--In this section, the term ``reception areas'' has
the meaning given such term in section 41(c) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2713(c)).
(b) In General.--The Secretary may sell goods and services at fair
market value and use the proceeds of such sales for administration and
related support of the reception areas.
(c) Amounts Collected.--Amounts collected pursuant to the authority
provided under subsection (b) may be deposited into an account in the
Treasury, to remain available until expended.
[[Page 136 STAT. 3921]]
SEC. 9714. <<NOTE: 22 USC 213 note.>> RETURN OF SUPPORTING
DOCUMENTS FOR PASSPORT APPLICATIONS
THROUGH UNITED STATES POSTAL SERVICE
CERTIFIED MAIL.
(a) <<NOTE: Deadline. Procedures.>> In General.--Not later than 180
days after the date of the enactment of this Act, the Secretary shall
establish a procedure that provides, to any individual applying for a
new United States passport or to renew the United States passport of the
individual by mail, the option to have supporting documents for the
application returned to the individual by the United States Postal
Service through certified mail.
(b) <<NOTE: Estimates.>> Cost.--
(1) Responsibility.--The cost of returning supporting
documents to an individual as described in subsection (a) shall
be the responsibility of the individual.
(2) Fee.--The fee charged to the individual by the Secretary
for returning supporting documents as described in subsection
(a) shall be the sum of--
(A) the retail price charged by the United States
Postal Service for the service; and
(B) the estimated cost of processing the return of
the supporting documents.
(3) Report.--Not later than 30 days after the establishment
of the procedure required under subsection (a), the Secretary
shall submit a report to the appropriate congressional
committees that--
(A) details the costs included in the processing fee
described in paragraph (2); and
(B) includes an estimate of the average cost per
request.
SEC. 9715. REPORT ON DISTRIBUTION OF PERSONNEL AND RESOURCES
RELATED TO ORDERED DEPARTURES AND POST
CLOSURES.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of State shall submit a report to the appropriate
congressional committees that describes--
(1) <<NOTE: Afghanistan.>> how Department personnel and
resources dedicated to Mission Afghanistan were reallocated
following the closure of diplomatic posts in Afghanistan in
August 2021; and
(2) <<NOTE: Iraq.>> the extent to which Department
personnel and resources for Mission Iraq were reallocated
following ordered departures for diplomatic posts in March 2020,
and how such resources were reallocated.
SEC. 9716. ELIMINATION OF OBSOLETE REPORTS.
(a) Certification of Effectiveness of the Australia Group.--Section
2(7) of Senate Resolution 75 (105th Congress) is amended by striking
subparagraph (C).
(b) Plans to Implement the Gandhi-King Scholarly Exchange
Initiative.--The Gandhi-King Scholarly Exchange Initiative Act (subtitle
D of title III of division FF of Public Law 116-260) <<NOTE: 22 USC 2452
note.>> is amended by striking section 336.
(c) Progress Report on Jerusalem Embassy.--The Jerusalem Embassy Act
of 1995 (Public Law 104-45) <<NOTE: 109 Stat. 400.>> is amended by
striking section 6.
(d) Presidential Anti-pedophilia Certification.--Section 102 of the
Foreign Relations Authorization Act, Fiscal Years 1994
[[Page 136 STAT. 3922]]
and 1995 (Public Law 103-236) <<NOTE: 22 USC 287e note.>> is amended by
striking subsection (g).
(e) Microenterprise for Self-reliance Report.--Title III of the
Microenterprise for Self-Reliance and International Anti-Corruption Act
of 2000 (Public Law 106-309; 22 U.S.C. 2462 note) is amended by striking
section 304.
SEC. 9717. <<NOTE: 5 USC 5304 note.>> LOCALITY PAY FOR FEDERAL
EMPLOYEES WORKING OVERSEAS UNDER
DOMESTIC EMPLOYEE TELEWORKING OVERSEAS
AGREEMENTS.
(a) Definitions.--In this section:
(1) Civil service.--The term ``civil service'' has the
meaning given the term in section 2101 of title 5, United States
Code.
(2) Covered employee.--The term ``covered employee'' means
an employee who--
(A) occupies a position in the civil service; and
(B) is working overseas under a Domestic Employee
Teleworking Overseas agreement.
(3) Locality pay.--The term ``locality pay'' means a
locality-based comparability payment paid in accordance with
subsection (b).
(4) Nonforeign area.--The term ``nonforeign area'' has the
meaning given the term in section 591.205 of title 5, Code of
Federal Regulations, or any successor regulation.
(5) Overseas.--The term ``overseas'' means any geographic
location that is not in--
(A) the continental United States; or
(B) a nonforeign area.
(b) Payment of Locality Pay.--Each covered employee shall be paid
locality pay in an amount that is equal to the lesser of--
(1) the amount of a locality-based comparability payment
that the covered employee would have been paid under section
5304 or 5304a of title 5, United States Code, had the official
duty station of the covered employee not been changed to reflect
an overseas location under the applicable Domestic Employee
Teleworking Overseas agreement; or
(2) the amount of a locality-based comparability payment
that the covered employee would be paid under section 1113 of
the Supplemental Appropriations Act, 2009 (Public Law 111-32),
as limited under section 9802(c)(2) of this Act, if the covered
employee were an eligible member of the Foreign Service (as
defined in subsection (b) of such section 1113).
(c) Application.--Locality pay paid to a covered employee under this
section--
(1) <<NOTE: Deadline.>> shall begin to be paid not later
than 60 days after the date of the enactment of this Act; and
(2) shall be treated in the same manner, and subject to the
same terms and conditions, as a locality-based comparability
payment paid under section 5304 or 5304a of title 5, United
States Code.
SEC. 9718. REPORT ON COUNTERING THE ACTIVITIES OF MALIGN ACTORS.
(a) Report.--
(1) <<NOTE: Africa.>> In general.--Not later than 1 year
after the date of the enactment of this Act, the Secretary, in
consultation
[[Page 136 STAT. 3923]]
with the Secretary of the Treasury and the Administrator, shall
submit a report to the Committee on Foreign Relations of the
Senate, the Committee on Armed Services of the Senate, the
Select Committee on Intelligence of the Senate, the Committee on
Foreign Affairs of the House of Representatives, the Committee
on Armed Services of the House of Representatives, and the
Permanent Select Committee on Intelligence of the House of
Representatives regarding United States diplomatic efforts in
Africa in achieving United States policy goals and countering
the activities of malign actors.
(2) <<NOTE: Assessments.>> Elements.--The report required
under paragraph (1) shall include--
(A) <<NOTE: Studies. Country listing. Time
period.>> case studies from Mali, Sudan, the Central
African Republic, the Democratic Republic of the Congo,
Burkina Faso, and South Sudan, with the goal of
assessing the effectiveness of diplomatic tools during
the 5-year period ending on the date of the enactment of
this Act; and
(B) an assessment of--
(i) the extent and effectiveness of certain
diplomatic tools to advance United States
priorities in the respective case study countries,
including--
(I) in-country diplomatic presence;
(II) humanitarian and development
assistance;
(III) support for increased 2-way
trade and investment;
(IV) United States security
assistance;
(V) public diplomacy; and
(VI) accountability measures,
including sanctions;
(ii) whether the use of the diplomatic tools
described in clause (i) achieved the diplomatic
ends for which they were intended; and
(iii) <<NOTE: China. Russia.>> the means by
which the Russian Federation and the People's
Republic of China exploited any openings for
diplomatic engagement in the case study countries.
(b) <<NOTE: Classified information.>> Form.--The report required
under subsection (b) shall be submitted in classified form.
(c) <<NOTE: Deadline.>> Classified Briefing Required.--Not later
than 1 year after the date of the enactment of this Act, the Secretary
and the Administrator shall jointly brief Congress regarding the report
required under subsection (b).
TITLE XCVIII--EXTENSION OF AUTHORITIES
SEC. 9801. <<NOTE: 22 USC 4865 note.>> DIPLOMATIC FACILITIES.
For <<NOTE: Determination.>> the purposes of calculating the costs
of providing new United States diplomatic facilities in any fiscal year,
in accordance with section 604(e) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (22 U.S.C. 4865 note), the Secretary of
State, in consultation with the Director of the Office of Management and
Budget, shall determine the annual program level and agency shares for
such fiscal year in a manner that is proportional to the contribution of
the Department of State for this purpose.
[[Page 136 STAT. 3924]]
SEC. 9802. EXTENSION OF EXISTING AUTHORITIES.
(a) <<NOTE: Applicability. 22 USC 214 note.>> Passport Fees.--
Section 1(b)(2) of the Passport Act of June 4, 1920 (22 U.S.C.
214(b)(2)) shall be applied by striking ``September 30, 2010'' and
inserting ``September 30, 2026''.
(b) <<NOTE: Applicability. 22 USC 2385 note.>> USAID Civil Service
Annuitant Waiver.--Section 625(j)(1)(B) of the Foreign Assistance Act of
1961 (22 U.S.C. 2385(j)(1)(B)) shall be applied by striking ``October 1,
2010'' and inserting ``September 30, 2024''.
(c) Overseas Pay Comparability and Limitation.--
(1) In general.--The authority provided under section 1113
of the Supplemental Appropriations Act, 2009 (Public Law 111-32)
shall remain in effect through September 30, 2024.
(2) Limitation.--The authority described in paragraph (1)
may not be used to pay an eligible member of the Foreign Service
(as defined in section 1113(b) of the Supplemental
Appropriations Act, 2009 (Public Law 111-32)) a locality-based
comparability payment (stated as a percentage) that exceeds two-
thirds of the amount of the locality-based comparability payment
(stated as a percentage) that would be payable to such member
under section 5304 of title 5, United States Code, if such
member's official duty station were in the District of Columbia.
(d) Inspector General Annuitant Waiver.--The authorities provided
under section 1015(b) of the Supplemental Appropriations Act, 2010
(Public Law 111-212)--
(1) shall remain in effect through September 30, 2024; and
(2) <<NOTE: Country listing.>> may be used to facilitate
the assignment of persons for oversight of programs in Somalia,
South Sudan, Syria, Venezuela, and Yemen.
(e) <<NOTE: Afghanistan. Applicability. Ukraine. Requirements. 22
USC 4831 note.>> Security Review Committees.--The authority provided
under section 301(a)(3) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) shall remain in effect
for facilities in Afghanistan and shall apply to facilities in Ukraine
through September 30, 2024, except that the notification and reporting
requirements contained in such section shall include the appropriate
congressional committees, the Committee on Appropriations of the Senate,
and the Committee on Appropriations of the House of Representatives.
(f) <<NOTE: 22 USC 4064 note.>> Department of State Inspector
General Waiver Authority.--The Inspector General of the Department may
waive the provisions of subsections (a) through (d) of section 824 of
the Foreign Service Act of 1980 (22 U.S.C. 4064), on a case-by-case
basis, for an annuitant reemployed by the Inspector General on a
temporary basis, subject to the same constraints and in the same manner
by which the Secretary of State may exercise such waiver authority
pursuant to subsection (g) of such section.
SEC. 9803. <<NOTE: Commission on Reform and Modernization of the
Department of State Act.>> COMMISSION
ON REFORM AND MODERNIZATION OF THE
DEPARTMENT OF STATE.
(a) Short Title.--This section may be cited as the ``Commission on
Reform and Modernization of the Department of State Act''.
(b) Establishment of Commission.--There is established, in the
legislative branch, the Commission on Reform and Modernization of the
Department of State (referred to in this section as the ``Commission'').
[[Page 136 STAT. 3925]]
(c) Purposes.--The purposes of the Commission are--
(1) <<NOTE: Examination.>> to examine the changing nature
of diplomacy and the ways in which the Department can modernize
to advance the interests of the United States; and
(2) <<NOTE: Recommenda- tions.>> to offer recommendations
to the President and Congress related to--
(A) the organizational structure of the Department;
(B) personnel-related matters, including
recruitment, promotion, training, and retention of the
Department's workforce in order to foster effective
diplomacy worldwide, including measures to strengthen
diversity and inclusion to ensure that the Department's
workforce represents all of America;
(C) the Department of State's domestic and overseas
facilities;
(D) the link among diplomacy and defense,
development, commercial, health, law enforcement,
science, technology, and other core United States
interests;
(E) legislation that authorizes United States
diplomacy, including the Foreign Service Act of 1980
(Public Law 96-465); and
(F) related regulations, rules, and processes that
define United States diplomatic efforts, including the
Foreign Affairs Manual.
(d) Membership.--
(1) <<NOTE: Appointments.>> Composition.--The Commission
shall be composed of 16 members, of whom--
(A) <<NOTE: President.>> 4 members shall be
appointed by the President in a nonpartisan manner;
(B) 2 members (1 of whom may be a Member of
Congress) shall be appointed by the majority leader of
the Senate;
(C) 2 members (1 of whom may be a Member of
Congress) shall be appointed by the Speaker of the House
of Representatives;
(D) 2 members (1 of whom may be a Member of
Congress) shall be appointed by the minority leader of
the Senate;
(E) 2 members (1 of whom may be a Member of
Congress) shall be appointed by the minority leader of
the House of Representatives;
(F) 1 member shall be appointed by the chairperson
of the Committee on Foreign Relations of the Senate;
(G) 1 member shall be appointed by the ranking
member of the Committee on Foreign Relations of the
Senate;
(H) 1 member shall be appointed by the chairperson
of the Committee on Foreign Affairs of the House of
Representatives; and
(I) 1 member shall be appointed by the ranking
member of the Committee on Foreign Affairs of the House
of Representatives.
(2) Qualifications.--
(A) Membership.--Any member of the Commission who is
not a Member of Congress shall be a private United
States citizen who is nationally recognized and has
significant depth of experience in international
relations, data-
[[Page 136 STAT. 3926]]
driven management, and the policymaking, programmatic,
and personnel aspects of the Department.
(B) Restrictions.--
(i) Foreign agents registration act of 1938.--
No member of the Commission may be a current or
former registrant under the Foreign Agents
Registration Act of 1938 (22 U.S.C. 611 et seq.).
(ii) Members of congress.--Not more than 4
members of the Commission may be Members of
Congress, who may only be appointed by the
Majority Leader of the Senate, the Minority Leader
of the Senate, the Speaker of the House of
Representatives, and the Minority Leader of the
House of Representatives in accordance with
paragraph (1). None of the members of the
Commission may be individuals who are eligible to
make such appointments.
(3) Appointments.--
(A) Deadline.--Members of the Commission shall be
appointed pursuant to paragraph (1) not later than 90
days after the date of the enactment of this Act.
(B) Period of appointment; vacancies.--Members of
the Commission shall be appointed for the life of the
Commission. Any vacancy in the Commission shall not
affect the powers of the Commission and shall be filled
in the same manner as the original appointment.
(C) Notifications.--Individuals making appointments
pursuant to paragraph (1) shall notify the Chair and
Ranking Member of the appropriate committees of Congress
and the Secretary of State of such appointments.
(D) Co-chairpersons.--
(i) Democratic leaders.--The Democratic leader
in the Senate and the Democratic leader in the
House of Representatives shall jointly select 1
member of the Commission appointed pursuant to
paragraph (1) to serve as a co-chairperson of the
Commission.
(ii) Republican leaders.--The Republican
leader in the Senate and the Republican leader in
the House of Representatives shall jointly select
1 member of the Commission appointed pursuant to
paragraph (1) to serve as a co-chairperson of the
Commission.
(4) Removal.--A member may be removed from the Commission
for cause by the individual serving in the position responsible
for the original appointment of such member under paragraph (1)
if--
(A) <<NOTE: Notice.>> notice was provided to such
member describing the cause for removal; and
(B) such removal was voted and agreed upon by a
majority of the members serving on the Commission.
(5) Meetings.--
(A) <<NOTE: Deadline.>> Initial meeting.--Not later
than 30 days after a majority of the members of the
Commission have been appointed, the Commission shall
hold the first meeting and shall begin operations as
soon as practicable.
(B) Frequency.--The Commission shall meet upon the
call of the co-chairpersons, acting jointly.
(C) Quorum.--A majority of the members of the
Commission, or a majority of the members of a panel,
[[Page 136 STAT. 3927]]
shall constitute a quorum for purposes of conducting
business.
(e) Functions of Commission.--
(1) In general.--Except as provided in subsection (j), the
Commission shall act by resolution agreed to by a majority of
the members of the Commission voting and present.
(2) Panels.--The Commission may establish panels composed of
less than the full membership of the Commission for purposes of
carrying out the duties of the Commission under this section.
The membership of such panels should reflect the bipartisan
composition of the Commission. The actions of any such panel
shall be subject to the review and control of the Commission.
Any findings and determinations made by such a panel may not be
considered the findings and determinations of the Commission
unless such findings and determinations are approved by a
majority of the Commission, including both co-chairpersons.
(f) Powers of Commission.--
(1) Hearings and evidence.--To carry out the purposes of the
Commission described in subsection (c), the Commission or any
panel of the Commission may, with the joint approval of the co-
chairpersons--
(A) hold such hearings and meetings, take such
testimony, receive such evidence, and administer such
oaths as the Commission or such designated panel
considers necessary;
(B) request the attendance and testimony of such
witnesses and the production of such correspondence,
memoranda, papers, and documents, as the Commission or
such designated panel considers necessary; and
(C) secure from the Department, USAID, the United
States International Development Finance Corporation,
the Millennium Challenge Corporation, Peace Corps, the
United States Trade Development Agency, and the United
States Agency for Global Media information and data
necessary to enable it to carry out its mission.
(2) Contracts.--The Commission, to such extent and in such
amounts as are provided in appropriations Acts, may enter into
contracts to enable the Commission to discharge its duties under
this section.
(g) Support From Other Agencies.--
(1) Information from federal agencies.--To carry out the
purposes of the Commission described in subsection (c), upon the
receipt of a joint written request by the co-chairpersons of the
Commission to any of the heads of the Department, USAID, the
United States International Development Finance Corporation, the
Millennium Challenge Corporation, the Peace Corps, the Trade
Development Agency, or the United States Agency for Global
Media, the heads of such entities shall expeditiously furnish
the requested information to the Commission.
(2) Assistance from federal agencies.--The Department of
State and other Federal departments and agencies may provide to
the Commission, on a nonreimbursable basis, such administrative
services, staff, and other support services as are necessary for
the performance of the Commission's duties under this section,
at the request of the Commission.
[[Page 136 STAT. 3928]]
(3) <<NOTE: Designation.>> Liaison.--The Secretary may
designate at least 1 officer or employee of the Department to
serve as a liaison officer between the Department and the
Commission.
(4) Recommendations from independent organizations.--The
Commission may review recommendations by independent
organizations and outside experts relating to reform and
modernization of the Department.
(h) <<NOTE: Deadline. Briefings.>> Congressional Consultation.--Not
later than 180 days after the initial meeting of the Commission, and not
less frequently than semiannually thereafter, the Commission shall
provide a briefing to Congress regarding the work of the Commission.
(i) Staff and Compensation.--
(1) Staff.--
(A) <<NOTE: Appointment.>> Compensation.--The co-
chairpersons of the Commission shall appoint and fix the
compensation of a staff director and such other
personnel as may be necessary to enable the Commission
to carry out its duties, without regard to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and without
regard to the provisions of chapter 51 and subchapter
III of chapter 53 of such title relating to
classification and General Schedule pay rates, except
that no rate of pay fixed under this subsection may
exceed the equivalent of that payable to a person
occupying a position at level V of the Executive
Schedule under section 5316 of such title.
(B) Detail of government employees.--A Federal
Government employee may be detailed to the Commission
without reimbursement, and such detail shall be without
interruption or loss of civil service status or
privilege.
(C) <<NOTE: Contracts.>> Procurement of temporary
and intermittent services.--The co-chairs of the
Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States
Code, at rates for individuals that do not exceed the
daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under
section 5315 of such title.
(D) Status as federal employees.--Notwithstanding
the requirements under section 2105 of title 5, United
States Code, including the required supervision under
subsection (a)(3) of such section, the members of the
commission shall be deemed to be Federal employees.
(2) Commission members.--
(A) Compensation.--Except as provided in
subparagraph (C), each member of the Commission shall be
compensated at a rate not to exceed the daily equivalent
of the annual rate of basic pay payable for level IV of
the Executive Schedule under section 5315 of title 5,
United States Code, for each day (including travel time)
during which that member is engaged in the actual
performance of the duties of the Commission.
(B) Waiver of certain provisions.--Subsections (a)
through (d) of section 824 of the Foreign Service Act of
1980 (22 U.S.C. 4064) are waived for an annuitant on a
temporary basis so as to be compensated for work
performed as part of the Commission.
[[Page 136 STAT. 3929]]
(C) Restriction for members of congress.--Any Member
of Congress serving as a member of the Commission shall
not receive any additional compensation or pay for their
service on the Commission.
(3) Travel expenses.--While away from their homes or regular
places of business in the performance of service for the
Commission, members and staff of the Commission, and any Federal
Government employees detailed to the Commission, shall be
allowed travel expenses, including per diem in lieu of
subsistence, in the same manner as persons employed
intermittently in Government service are allowed expenses under
section 5703(b) of title 5, United States Code.
(4) Security clearances for commission members and staff.--
(A) In general.--Members and staff shall have or be
eligible to receive the appropriate security clearance
to conduct their duties.
(B) Expedited processing.--The Office of Senate
Security shall ensure the expedited processing of
appropriate security clearances for members, officers,
and employees of the Commission.
(j) Report.--
(1) In general.--Not later than 24 months after the first
date on which a majority of the members of the Commission have
been appointed, the Commission shall submit a final report to
the Secretary and Congress that includes--
(A) <<NOTE: Statement.>> a detailed statement of
the findings and conclusions of the Commission; and
(B) <<NOTE: Recommenda- tions.>> the
recommendations of the Commission for such legislative
and administrative actions as the Commission considers
appropriate in light of the results of the study,
including the anticipated amount of time and resources
required to implement such recommendations.
(2) Department response.--The Secretary, in coordination
with the heads of appropriate Federal departments and agencies,
shall have the right to review and respond to all Commission
recommendations before the Commission submits its final report
to the Secretary and Congress. The Commission shall provide the
Department with its recommendations not later than 90 days
before the date of submission of its final report.
(k) <<NOTE: Time period.>> Termination of Commission.--
(1) In general.--The Commission, and all the authorities
under this section, shall terminate on the date that is 60 days
after the date on which the final report is submitted pursuant
to subsection (j)(1).
(2) <<NOTE: Testimony.>> Administrative activities before
termination.--The Commission may use the 60-day period referred
to in paragraph (1) for the purpose of concluding its
activities, including providing testimony to the appropriate
committees of Congress concerning its reports and disseminating
the report.
(l) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated up
to $2,000,000 for fiscal year 2023 to carry out this section.
(2) Transfers; support.--In addition to other transfers and
support otherwise authorized by law, the Secretary may--
(A) transfer any amounts appropriated pursuant to
paragraph (1) to the Commission; and
[[Page 136 STAT. 3930]]
(B) use the amounts referred to in subparagraph (A)
to provide non-reimbursable support to the Commission.
(3) Commission accounts.--
(A) Establishment.--The Secretary of the Treasury
may establish 1 or more accounts to facilitate transfers
to the Commission of amounts authorized under paragraph
(2)(A).
(B) Use of funds.--Amounts transferred to the
Commission pursuant to subparagraph(A) may be used for
the activities of the Commission, including--
(i) the payment of Commission expenses;
(ii) the compensation of Commission members,
officers, and employees.
(m) Defined Term.--In this section, the term ``appropriate
committees of Congress'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
DIVISION J--OCEANS AND ATMOSPHERE
SEC. 10000. TABLE OF CONTENTS.
The table of contents for this division is as follows:
Sec. 10000. Table of contents.
TITLE C--CORAL REEF CONSERVATION
Subtitle A--Reauthorization of Coral Reef Conservation Act of 2000
Sec. 10001. Reauthorization of Coral Reef Conservation Act of 2000.
Subtitle B--United States Coral Reef Task Force
Sec. 10011. Establishment.
Sec. 10012. Duties.
Sec. 10013. Membership.
Sec. 10014. Responsibilities of Federal agency members.
Sec. 10015. Working groups.
Sec. 10016. Definitions.
Subtitle C--Department of the Interior Coral Reef Authorities
Sec. 10021. Coral reef conservation and restoration assistance.
Subtitle D--Susan L. Williams National Coral Reef Management Fellowship
Sec. 10031. Susan L. Williams National Coral Reef Management Fellowship.
TITLE CI--BOLSTERING LONG-TERM UNDERSTANDING AND EXPLORATION OF THE
GREAT LAKES, OCEANS, BAYS, AND ESTUARIES
Sec. 10101. Purpose.
Sec. 10102. Definitions.
Sec. 10103. Workforce study.
Sec. 10104. Accelerating innovation at Cooperative Institutes.
Sec. 10105. Blue Economy valuation.
Sec. 10106. No additional funds authorized.
TITLE CII--REGIONAL OCEAN PARTNERSHIPS
Sec. 10201. Findings; purposes.
Sec. 10202. Regional Ocean Partnerships.
TITLE CIII--NATIONAL OCEAN EXPLORATION
Sec. 10301. Findings.
[[Page 136 STAT. 3931]]
Sec. 10302. Definitions.
Sec. 10303. Ocean Policy Committee.
Sec. 10304. National Ocean Mapping, Exploration, and Characterization
Council.
Sec. 10305. Modifications to the ocean exploration program of the
National Oceanic and Atmospheric Administration.
Sec. 10306. Repeal.
Sec. 10307. Modifications to ocean and coastal mapping program of the
National Oceanic and Atmospheric Administration.
Sec. 10308. Modifications to Hydrographic Services Improvement Act of
1998.
TITLE CIV--MARINE MAMMAL RESEARCH AND RESPONSE
Sec. 10401. Data collection and dissemination.
Sec. 10402. Stranding or entanglement response agreements.
Sec. 10403. Unusual mortality event activity funding.
Sec. 10404. Liability.
Sec. 10405. National Marine Mammal Tissue Bank and tissue analysis.
Sec. 10406. Marine Mammal Rescue and Response Grant Program and Rapid
Response Fund.
Sec. 10407. Health MAP.
Sec. 10408. Reports to Congress.
Sec. 10409. Authorization of appropriations.
Sec. 10410. Definitions.
Sec. 10411. Study on marine mammal mortality.
TITLE CV--VOLCANIC ASH AND FUMES
Sec. 10501. Modifications to National Volcano Early Warning and
Monitoring System.
TITLE CVI--LEARNING EXCELLENCE AND GOOD EXAMPLES FROM NEW DEVELOPERS
Sec. 10601. Learning excellence and good examples from new developers.
TITLE C--CORAL REEF CONSERVATION
Subtitle A--Reauthorization of Coral Reef Conservation Act of 2000
SEC. 10001. REAUTHORIZATION OF CORAL REEF CONSERVATION ACT OF
2000.
(a) In General.--The Coral Reef Conservation Act of 2000 (16 U.S.C.
6401 et seq.) is amended by striking sections 202 through 210 <<NOTE: 16
USC 6401-6409.>> and inserting the following:
``SEC. 202. <<NOTE: 16 USC 6401.>> PURPOSES.
``The purposes of this title are--
``(1) to conserve and restore the condition of United States
coral reef ecosystems challenged by natural and human-
accelerated changes, including increasing ocean temperatures,
changing ocean chemistry, coral bleaching, coral diseases, water
quality degradation, invasive species, and illegal, unreported,
and unregulated fishing;
``(2) to promote the science-based management and
sustainable use of coral reef ecosystems to benefit local
communities and the Nation, including through improved
integration and cooperation among Federal and non-Federal
stakeholders responsible for managing coral reef resources;
``(3) to develop sound scientific information on the
condition of coral reef ecosystems, continuing and emerging
threats to such ecosystems, and the efficacy of innovative
tools, technologies, and strategies to mitigate stressors and
restore such ecosystems, including evaluation criteria to
determine the
[[Page 136 STAT. 3932]]
effectiveness of management interventions, and accurate mapping
for coral reef restoration;
``(4) to assist in the preservation of coral reefs by
supporting science-based, consensus-driven, and community-based
coral reef management by covered States and covered Native
entities, including monitoring, conservation, and restoration
projects that empower local communities, small businesses, and
nongovernmental organizations;
``(5) to provide financial resources, technical assistance,
and scientific expertise to supplement, complement, and
strengthen community-based management programs and conservation
and restoration projects of non-Federal reefs;
``(6) to establish a formal mechanism for collecting and
allocating monetary donations from the private sector to be used
for coral reef conservation and restoration projects;
``(7) to support rapid, effective, and science-based
assessment and response to exigent circumstances that pose
immediate and long-term threats to coral reefs, including--
``(A) coral disease outbreaks;
``(B) invasive or nuisance species;
``(C) coral bleaching;
``(D) natural disasters; and
``(E) industrial or mechanical disasters, including
vessel groundings, hazardous spills, and coastal
construction accidents; and
``(8) to serve as a model for advancing similar
international efforts to monitor, conserve, and restore coral
reef ecosystems.
``SEC. 203. <<NOTE: 16 USC 6402.>> FEDERAL CORAL REEF MANAGEMENT
AND RESTORATION ACTIVITIES.
``(a) In General.--The Administrator, the Secretary of the Interior,
or the Secretary of Commerce may conduct activities described in
subsection (b) to conserve and restore coral reefs and coral reef
ecosystems that are consistent with--
``(1) all applicable laws governing resource management in
Federal and State waters, including this Act;
``(2) the National Coral Reef Resilience Strategy; and
``(3) coral reef action plans in effect under section 205,
as applicable.
``(b) Activities Described.--Activities described in this subsection
are activities to conserve, research, monitor, assess, and restore coral
reefs and coral reef ecosystems in waters managed under the jurisdiction
of a Federal agency specified in subsection (c) or in coordination with
a State in waters managed under the jurisdiction of such State,
including--
``(1) developing, including through the collection of
requisite in situ and remotely sensed data, high-quality and
digitized maps reflecting--
``(A) current and historical live coral cover data;
``(B) coral reef habitat quality data;
``(C) priority areas for coral reef conservation to
maintain biodiversity and ecosystem structure and
function, including the reef matrix, that benefit
coastal communities and living marine resources;
``(D) priority areas for coral reef restoration to
enhance biodiversity and ecosystem structure and
function,
[[Page 136 STAT. 3933]]
including the reef matrix, to benefit coastal
communities and living marine resources; and
``(E) areas of concern that may require enhanced
monitoring of coral health and cover;
``(2) <<NOTE: Compliance.>> enhancing compliance with
Federal laws that prohibit or regulate--
``(A) the taking of coral products or species
associated with coral reefs; or
``(B) the use and management of coral reef
ecosystems;
``(3) long-term ecological monitoring of coral reef
ecosystems;
``(4) <<NOTE: Plans.>> implementing species-specific
recovery plans for listed coral species consistent with the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
``(5) restoring degraded coral reef ecosystems;
``(6) reducing land-based stressors to coral reef
ecosystems;
``(7) promoting ecologically sound navigation and
anchorages, including through navigational aids and expansion of
reef-safe anchorages and mooring buoy systems, to enhance
recreational access while preventing or minimizing the
likelihood of vessel impacts or other physical damage to coral
reefs;
``(8) monitoring and responding to severe bleaching or
mortality events, disease outbreaks, invasive species outbreaks,
and significant maritime accidents, including hazardous spill
cleanup and the removal of grounded vessels;
``(9) conducting scientific research that contributes to the
understanding, sustainable use, and long-term conservation of
coral reefs;
``(10) enhancing public awareness, understanding, and
appreciation of coral reefs and coral reef ecosystems and their
ecological and socioeconomic value; and
``(11) <<NOTE: Public information. Web posting. Data.>>
centrally archiving, managing, and distributing on a public
website data sets and coral reef ecosystem assessments,
including the data repositories of the Coral Reef Conservation
Program of the National Oceanic and Atmospheric Administration.
``(c) Federal Agencies Specified.--A Federal agency specified in
this subsection is one of the following:
``(1) The National Oceanic and Atmospheric Administration.
``(2) The National Park Service.
``(3) The United States Fish and Wildlife Service.
``(4) The Office of Insular Affairs.
``SEC. 204. <<NOTE: 16 USC 6403.>> NATIONAL CORAL REEF RESILIENCE
STRATEGY.
``(a) In General.--The Administrator shall--
``(1) <<NOTE: Deadline.>> not later than 2 years after the
date of the enactment of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023, develop a national coral
reef resilience strategy; and
``(2) <<NOTE: Review. Revision. Time periods.>> review and
revise the strategy--
``(A) not less frequently than once every 15 years;
``(B) not less frequently than once every 5 years,
in the case of guidance on best practices under
subsection (b)(4); and
``(C) as appropriate.
``(b) Elements.--The strategy required by subsection (a) shall
include the following:
[[Page 136 STAT. 3934]]
``(1) A discussion addressing--
``(A) continuing and emerging threats to the
resilience of United States coral reef ecosystems;
``(B) remaining gaps in coral reef ecosystem
research, monitoring, and assessment;
``(C) the status of management cooperation and
integration among Federal reef managers and covered reef
managers;
``(D) the status of efforts to manage and
disseminate critical information, and enhance
interjurisdictional data sharing, related to research,
reports, data sets, and maps;
``(E) areas of special focus, which may include--
``(i) improving natural coral recruitment;
``(ii) preventing avoidable losses of corals
and their habitat;
``(iii) enhancing the resilience of coral
populations;
``(iv) supporting a resilience-based
management approach;
``(v) developing, coordinating, and
implementing watershed management plans;
``(vi) building and sustaining watershed
management capacity at the local level;
``(vii) providing data essential for coral
reef fisheries management;
``(viii) building capacity for coral reef
fisheries management;
``(ix) increasing understanding of coral reef
ecosystem services;
``(x) educating the public on the importance
of coral reefs, threats and solutions; and
``(xi) evaluating intervention efficacy;
``(F) the status of conservation efforts, including
the use of marine protected areas to serve as
replenishment zones developed consistent with local
practices and traditions and in cooperation with, and
with respect for the scientific, technical, and
management expertise and responsibilities of, covered
reef managers;
``(G) science-based adaptive management and
restoration efforts; and
``(H) management of coral reef emergencies and
disasters.
``(2) <<NOTE: Statement.>> A statement of national goals
and objectives designed to guide--
``(A) future Federal coral reef management and
restoration activities authorized under section 203;
``(B) conservation and restoration priorities for
grants awarded under section 211; and
``(C) research priorities for the reef research
coordination institutes designated under section
213(b)(1)(B).
``(3) A designation of priority areas for conservation, and
priority areas for restoration, to support the review and
approval of grants under section 211(e).
``(4) Technical assistance in the form of general templates
for use by covered reef managers and Federal reef managers to
guide the development of coral reef action plans under section
205, including guidance on the best science-based practices
[[Page 136 STAT. 3935]]
to respond to coral reef emergencies that can be included in
coral reef action plans.
``(c) Consultations.--In developing all elements of the strategy
required by subsection (a), the Administrator shall--
``(1) consult with the Secretary of the Interior, the Task
Force, covered States, and covered Native entities;
``(2) consult with the Secretary of Defense, as appropriate;
``(3) engage stakeholders, including covered States, coral
reef stewardship partnerships, reef research institutes and
research centers described in section 213, and recipients of
grants under section 211; and
``(4) <<NOTE: Public comments.>> solicit public review and
comment regarding scoping and the draft strategy.
``(d) Submission to Congress; Publication.--The Administrator
shall--
``(1) submit the strategy required by subsection (a) and any
revisions to the strategy to the appropriate congressional
committees; and
``(2) <<NOTE: Public information. Web posting.>> publish
the strategy and any such revisions on public websites of--
``(A) the Coral Reef Conservation Program of the
National Oceanic and Atmospheric Administration; and
``(B) the Task Force.
``SEC. 205. <<NOTE: 16 USC 6404.>> CORAL REEF ACTION PLANS.
``(a) Plans Prepared by Federal Reef Managers.--
``(1) <<NOTE: Deadlines.>> In general.--Not later than 3
years after the date of the enactment of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023 and 2
years after the date of publication of each National Coral Reef
Resilience Strategy, each Federal reef manager shall--
``(A) prepare a coral reef action plan to guide
management and restoration activities to be undertaken
within the responsibilities and jurisdiction of the
manager; or
``(B) <<NOTE: Update. Compliance.>> in the case of
a reef under the jurisdiction of a Federal reef manager
for which there is an action plan in effect as of such
date of enactment, update that plan to comply with the
requirements of this subsection.
``(2) Elements.--A plan prepared under paragraph (1) by a
Federal reef manager shall include a discussion of the
following:
``(A) Short- and medium-term coral reef conservation
and restoration objectives within the jurisdiction of
the manager.
``(B) A current adaptive management framework to
inform research, monitoring, and assessment needs.
``(C) Tools, strategies, and partnerships necessary
to identify, monitor, and address pollution, water
quality, and other negative impacts to coral reef
ecosystems within the jurisdiction of the manager.
``(D) The status of efforts to improve coral reef
ecosystem management cooperation and integration between
Federal reef managers and covered reef managers,
including the identification of existing research and
monitoring activities that can be leveraged for coral
reef status and trends assessments within the
jurisdiction of the manager.
[[Page 136 STAT. 3936]]
``(E) Estimated budgetary and resource
considerations necessary to carry out the plan.
``(F) Contingencies for response to and recovery
from emergencies and disasters.
``(G) In the case of an updated plan, annual records
of significant management and restoration actions taken
under the previous plan, cash and noncash resources used
to undertake the actions, and the source of such
resources.
``(H) Documentation by the Federal reef manager that
the plan is consistent with the National Coral Reef
Resilience Strategy.
``(I) A data management plan to ensure data,
assessments, and accompanying information are
appropriately preserved, curated, publicly accessible,
and broadly reusable.
``(3) Submission to task force.--Each Federal reef manager
shall submit a plan prepared under paragraph (1) to the Task
Force.
``(4) Application of administrative procedure act.--Each
plan prepared under paragraph (1) shall be subject to the
requirements of subchapter II of chapter 5, and chapter 7, of
title 5, United States Code (commonly known as the
`Administrative Procedure Act').
``(b) Plans Prepared by Covered Reef Managers.--
``(1) In general.--A covered reef manager may elect to
prepare, submit to the Task Force, and maintain a coral reef
action plan to guide management and restoration activities to be
undertaken within the responsibilities and jurisdiction of the
manager.
``(2) Effective period.--A plan prepared under this
subsection shall remain in effect for 5 years, or until an
updated plan is submitted to the Task Force, whichever occurs
first.
``(3) Elements.--A plan prepared under paragraph (1) by a
covered reef manager--
``(A) shall contain a discussion of--
``(i) short- and medium-term coral reef
conservation and restoration objectives within the
jurisdiction of the manager;
``(ii) estimated budgetary and resource
considerations necessary to carry out the plan;
``(iii) in the case of an updated plan, annual
records of significant management and restoration
actions taken under the previous plan, cash and
noncash resources used to undertake the actions,
and the source of such resources; and
``(iv) contingencies for response to and
recovery from emergencies and disasters; and
``(B) may contain a discussion of--
``(i) the status of efforts to improve coral
reef ecosystem management cooperation and
integration between Federal reef managers and
covered reef managers, including the
identification of existing research and monitoring
activities that can be leveraged for coral reef
status and trends assessments within the
jurisdiction of the manager;
``(ii) a current adaptive management framework
to inform research, monitoring, and assessment
needs;
[[Page 136 STAT. 3937]]
``(iii) tools, strategies, and partnerships
necessary to identify, monitor, and address
pollution and water quality impacts to coral reef
ecosystems within the jurisdiction of the manager;
and
``(iv) a data management plan to ensure data,
assessments, and accompanying information are
appropriately preserved, curated, publicly
accessible, and broadly reusable.
``(c) Technical Assistance.--The Administrator and the Task Force
shall make reasonable efforts to provide technical assistance upon
request by a Federal reef manager or covered reef manager developing a
coral reef action plan under this section.
``(d) <<NOTE: Public information. Web posting.>> Publication.--The
Administrator shall publish each coral reef action plan prepared and
submitted to the Task Force under this section on the public website of
the Coral Reef Conservation Program of the National Oceanic and
Atmospheric Administration.
``SEC. 206. <<NOTE: 16 USC 6405.>> CORAL REEF STEWARDSHIP
PARTNERSHIPS.
``(a) In General.--To further community-based stewardship of coral
reefs, coral reef stewardship partnerships for Federal and non-Federal
coral reefs may be established in accordance with this section.
``(b) Standards and Procedures.--The Administrator shall develop and
adopt--
``(1) standards for identifying individual coral reefs and
ecologically significant units of coral reefs; and
``(2) processes for adjudicating multiple applicants for
stewardship of the same coral reef or ecologically significant
unit of a reef to ensure no geographic overlap in representation
among stewardship partnerships authorized by this section.
``(c) Membership for Federal Coral Reefs.--A coral reef stewardship
partnership that has identified, as the subject of its stewardship
activities, a coral reef or ecologically significant unit of a coral
reef that is fully or partially under the management jurisdiction of any
Federal agency specified in section 203(c) shall, at a minimum, include
the following:
``(1) That Federal agency, a representative of which shall
serve as chairperson of the coral reef stewardship partnership.
``(2) A State or county's resource management agency to the
extent that such partnership covers a reef within such States or
county's jurisdiction.
``(3) A coral reef research center designated under section
212(b).
``(4) A nongovernmental organization.
``(5) A covered Native entity culturally affiliated with the
subject reef or ecologically significant unit, if any.
``(6) Such other members as the partnership considers
appropriate, such as interested stakeholder groups and covered
Native entities.
``(d) Membership for Non-Federal Coral Reefs.--
``(1) In general.--A coral reef stewardship partnership that
has identified, as the subject of its stewardship activities, a
coral reef or ecologically significant component of a coral reef
that is not under the management jurisdiction of any Federal
agency specified in section 203(c) shall, at a minimum, include
the following:
[[Page 136 STAT. 3938]]
``(A) A State or county's resource management agency
or a covered Native entity, a representative of which
shall serve as the chairperson of the coral reef
stewardship partnership.
``(B) A coral reef research center designated under
section 212(b).
``(C) A nongovernmental organization.
``(D) Such other members as the partnership
considers appropriate, such as interested stakeholder
groups.
``(2) Additional members.--
``(A) In general.--Subject to subparagraph (B), a
coral reef stewardship partnership described in
paragraph (1) may also include representatives of one or
more Federal agencies.
``(B) Requests; approval.--A representative of a
Federal agency described in subparagraph (A) may become
a member of a coral reef stewardship partnership
described in paragraph (1) if--
``(i) the representative submits a request to
become a member to the chairperson of the
partnership referred to in paragraph (1)(A); and
``(ii) the chairperson consents to the
request.
``(e) Nonapplicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to coral
reef stewardship partnerships under this section.
``SEC. 207. <<NOTE: 16 USC 6406.>> BLOCK GRANTS.
``(a) In General.--In each fiscal year beginning in fiscal year 2023
and subject to the availability of appropriations, the Administrator
shall provide block grants of financial assistance of not less than
$500,000 to each covered State to support management and restoration
activities and further the implementation of coral reef action plans in
effect under section 205 by covered States and non-Federal coral reef
stewardship partnerships in accordance with this
section. <<NOTE: Review.>> The Administrator shall review each covered
State's application for block grant funding to ensure that applications
are consistent with applicable action plans and the National Coral Reef
Resilience Strategy.
``(b) Responsibilities of the Administrator.--The Administrator is
responsible for--
``(1) providing guidance on the proper documentation of
expenditures authorized under this Act;
``(2) issuing annual solicitations to covered States for
awards under this section; and
``(3) determining the appropriate allocation of additional
amounts among covered States in accordance with this section.
``(c) Responsibilities of Covered States.--Each covered State is
responsible for documenting and reporting--
``(1) such State's use of Federal funds received under this
Act; and
``(2) such expenditures of non-Federal funds made in
furtherance of coral reef management and restoration as the
Administrator determines appropriate.
``(d) <<NOTE: Contracts.>> Cooperative Agreements.--Subject to the
availability of appropriations, the Administrator may seek to enter into
a cooperative agreement with a covered State to fund coral reef
conservation and restoration activities in waters managed under the
jurisdiction
[[Page 136 STAT. 3939]]
of such covered State that are consistent with the National Coral Reef
Resilience Strategy and any applicable action plan under section 205.
``(e) All Islands Committee.--The Administrator may enter into a
cooperative agreement with the All Islands Committee of the Task Force
to provide support for its activities.
``SEC. 208. <<NOTE: 16 USC 6407.>> CORAL REEF STEWARDSHIP FUND.
``(a) <<NOTE: Contracts.>> Agreement.--The Administrator shall seek
to enter into an agreement with the National Fish and Wildlife
Foundation (in this section referred to as the `Foundation'),
authorizing the Foundation to receive, hold, and administer funds
received under this section.
``(b) Fund.--
``(1) In general.--The Foundation shall establish an
account, which shall--
``(A) be known as the `Coral Reef Stewardship Fund'
(in this section referred to as the `Fund'); and
``(B) serve as the successor to the account known
before the date of the enactment of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023
as the Coral Reef Conservation Fund and administered
through a public-private partnership with the
Foundation.
``(2) Deposits.--The Foundation shall deposit funds received
under this section into the Fund.
``(3) Purposes.--The Fund shall be available solely to
support coral reef stewardship activities that--
``(A) further the purposes of this title; and
``(B) are consistent with--
``(i) the National Coral Reef Resilience
Strategy; and
``(ii) coral reef action plans in effect, if
any, under section 205 covering a coral reef or
ecologically significant component of a coral reef
to be impacted by such activities, if applicable.
``(4) Investment of amounts.--
``(A) Investment of amounts.--The Foundation shall
invest such portion of the Fund as is not required to
meet current withdrawals in interest-bearing obligations
of the United States or in obligations guaranteed as to
both principal and interest by the United States.
``(B) Interest and proceeds.--The interest on, and
the proceeds from the sale or redemption of, any
obligations held in the Fund shall be credited to and
form a part of the Fund.
``(5) Review of performance.--The Administrator shall
conduct a continuing review of all deposits into, and
disbursements from, the Fund. <<NOTE: Assessments.>> Each
review shall include a written assessment concerning the extent
to which the Foundation has implemented the goals and
requirements of--
``(A) this section; and
``(B) the National Coral Reef Resilience Strategy.
``(c) Authorization To Solicit Donations.--
``(1) In general.--Pursuant to an agreement entered into
under subsection (a), the Foundation may accept, receive,
[[Page 136 STAT. 3940]]
solicit, hold, administer, and use any gift (including,
notwithstanding section 1342 of title 31, United States Code,
donations of services) to further the purposes of this title.
``(2) Deposits in fund.--Notwithstanding section 3302 of
title 31, United States Code, any funds received as a gift shall
be deposited and maintained in the Fund.
``(d) <<NOTE: Transfer authority.>> Administration.--Under an
agreement entered into pursuant to subsection (a), and subject to the
availability of appropriations, the Administrator may transfer funds
appropriated for such purposes to carry out this title to the
Foundation. Amounts received by the Foundation under this subsection may
be used for matching, in whole or in part, contributions (whether in
money, services, or property) made to the Foundation by private persons,
State or local government agencies, or covered Native entities.
``SEC. 209. <<NOTE: 16 USC 6408.>> EMERGENCY ASSISTANCE.
``(a) In General.--Notwithstanding any other provision of law, from
funds appropriated pursuant to the authorization of appropriations under
section 215, the Administrator may provide emergency assistance to any
covered State or coral reef stewardship partnership to respond to
immediate harm to coral reefs or coral reef ecosystems arising from any
of the exigent circumstances described in subsection (b).
``(b) <<NOTE: List. Criteria.>> Coral Reef Exigent Circumstances.--
The Administrator shall develop a list of, and criteria for,
circumstances that pose an exigent threat to coral reefs, including--
``(1) new and ongoing outbreaks of disease;
``(2) new and ongoing outbreaks of invasive or nuisance
species;
``(3) new and ongoing coral bleaching events;
``(4) natural disasters;
``(5) industrial or mechanical incidents, such as vessel
groundings, hazardous spills, or coastal construction accidents;
and
``(6) such other circumstances as the Administrator
determines appropriate.
``(c) Annual Report on Exigent Circumstances.--On February 1 of each
year, the Administrator shall submit to the appropriate congressional
committees, the Committee on Appropriations of the Senate, and the
Committee on Appropriations of the House of Representatives a report
that--
``(1) describes locations with exigent circumstances
described in subsection (b) that were considered but declined
for emergency assistance, and the rationale for the decision;
and
``(2) with respect to each instance in which emergency
assistance under this section was provided--
``(A) the location and a description of the exigent
circumstances that prompted the emergency assistance,
the entity that received the assistance, and the current
and expected outcomes from the assistance;
``(B) a description of activities of the National
Oceanic and Atmospheric Administration that were
curtailed as a result of providing the emergency
assistance; and
``(C) <<NOTE: Assessment. Recommenda- tions. Cost
estimate.>> an assessment of whether further action is
needed to restore the affected coral reef,
recommendations for such
[[Page 136 STAT. 3941]]
restoration, and a cost estimate to implement such
recommendations.
``SEC. 210. <<NOTE: 16 USC 6409.>> CORAL REEF DISASTER FUND.
``(a) <<NOTE: Contracts.>> Agreements.--The Administrator shall
seek to enter into an agreement with the National Fish and Wildlife
Foundation (in this section referred to as the `Foundation'),
authorizing the Foundation to receive, hold, and administer funds
received under this section.
``(b) Fund.--
``(1) In general.--The Foundation shall establish an
account, to be known as the `Coral Reef Disaster Fund' (in this
section referred to as the `Fund').
``(2) Deposits.--The Foundation shall deposit funds received
under this section into the Fund.
``(3) Purposes.--The Fund shall be available solely to
support the long-term recovery of coral reefs from exigent
circumstances described in section 209(b)--
``(A) in partnership with non-Federal stakeholders;
and
``(B) in a manner that is consistent with--
``(i) the National Coral Reef Resilience
Strategy; and
``(ii) coral reef action plans in effect, if
any, under section 205.
``(4) Investment of amounts.--
``(A) Investment of amounts.--The Foundation shall
invest such portion of the Fund as is not required to
meet current withdrawals in interest-bearing obligations
of the United States or in obligations guaranteed as to
both principal and interest by the United States.
``(B) Interest and proceeds.--The interest on, and
the proceeds from, the sale or redemption of, any
obligations held in the Fund shall be credited to and
form a part of the Fund.
``(5) Review of performance.--The Administrator shall
conduct continuing reviews of all deposits into, and
disbursements from, the Fund. <<NOTE: Assessment.>> Each such
review shall include a written assessment concerning the extent
to which the Foundation has implemented the goals and
requirements of this section.
``(c) Authorization To Solicit Donations.--
``(1) In general.--Pursuant to an agreement entered into
under subsection (a), the Foundation may accept, receive,
solicit, hold, administer, and use any gift (including,
notwithstanding section 1342 of title 31, United States Code,
donations of services) to further the purposes of this title.
``(2) Deposits in fund.--Notwithstanding section 3302 of
title 31, United States Code, any funds received as a gift shall
be deposited and maintained in the Fund.
``SEC. 211. <<NOTE: 16 USC 6410.>> RUTH D. GATES CORAL REEF
CONSERVATION GRANT PROGRAM.
``(a) In General.--Subject to the availability of appropriations,
the Administrator shall establish a program (to be known as the `Ruth D.
Gates Coral Reef Conservation Grant Program') to provide grants for
projects for the conservation and restoration of coral reef ecosystems
(in this section referred to as `coral reef projects') pursuant to
proposals approved by the Administrator in accordance with this section.
[[Page 136 STAT. 3942]]
``(b) Matching Requirements for Grants.--
``(1) In general.--Except as provided in paragraph (3),
Federal funds for any coral reef project for which a grant is
provided under subsection (a) may not exceed 50 percent of the
total cost of the project.
``(2) Non-federal share.--The non-Federal share of the cost
of a coral reef project may be provided by in-kind contributions
and other noncash support.
``(3) <<NOTE: Determination.>> Waiver.--The Administrator
may waive all or part of the matching requirement under
paragraph (1) if the Administrator determines that no reasonable
means are available through which an applicant can meet the
matching requirement with respect to a coral reef project and
the probable benefit of the project outweighs the public
interest in the matching requirement.
``(c) Eligibility.--
``(1) <<NOTE: Proposals.>> In general.--An entity described
in paragraph (2) may submit to the Administrator a proposal for
a coral reef project.
``(2) Entities described.--An entity described in this
paragraph is--
``(A) a covered reef manager or a covered Native
entity;
``(B) a regional fishery management council
established under the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et
seq.);
``(C) a coral reef stewardship partnership seeking
to implement a coral reef action plan in effect under
section 205;
``(D) a coral reef research center designated under
section 212(b); or
``(E) a nongovernmental organization or research
institution with demonstrated expertise in the
conservation or restoration of coral reefs in practice
or through significant contributions to the body of
existing scientific research on coral reefs.
``(d) Project Proposals.--Each proposal for a grant under this
section for a coral reef project shall include the following:
``(1) The name of the individual or entity responsible for
conducting the project.
``(2) A description of the qualifications of the individual
or entity.
``(3) A succinct statement of the purposes of the project.
``(4) <<NOTE: Estimate.>> An estimate of the funds and time
required to complete the project.
``(5) Evidence of support for the project by appropriate
representatives of States or other government jurisdictions in
which the project will be conducted.
``(6) Information regarding the source and amount of
matching funding available to the applicant.
``(7) A description of how the project meets one or more of
the criteria under subsection (e)(2).
``(8) In the case of a proposal submitted by a coral reef
stewardship partnership, a description of how the project aligns
with the applicable coral reef action plan in effect under
section 205.
[[Page 136 STAT. 3943]]
``(9) Any other information the Administrator considers to
be necessary for evaluating the eligibility of the project for a
grant under this subsection.
``(e) Project Review and Approval.--
``(1) <<NOTE: Determination.>> In general.--The
Administrator shall review each coral reef project proposal
submitted under this section to determine if the project meets
the criteria set forth in subsection (f).
``(2) Prioritization of conservation projects.--The
Administrator shall prioritize the awarding of funding for
projects that meet the criteria for approval described in--
``(A) subparagraphs (A) through (G) of subsection
(f)(2) that are proposed to be conducted within priority
areas identified for coral reef conservation by the
Administrator under the National Coral Reef Resilience
Strategy; and
``(B) subparagraphs (E) through (L) of subsection
(f)(2) that are proposed to be conducted within priority
areas identified for coral reef restoration by the
Administrator under the National Coral Reef Resilience
Strategy.
``(3) <<NOTE: Deadline.>> Review; approval or
disapproval.--Not later than 180 days after receiving a proposal
for a coral reef project under this section, the Administrator
shall--
``(A) <<NOTE: Comments.>> request and consider
written comments on the proposal from each Federal
agency, State government, covered Native entity, or
other government jurisdiction, including the relevant
regional fishery management councils established under
the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1801 et seq.), or any National Marine
Sanctuary or Marine National Monument, with jurisdiction
or management authority over coral reef ecosystems in
the area where the project is to be conducted, including
the extent to which the project is consistent with
locally established priorities, unless such entities
were directly involved in the development of the project
proposal;
``(B) provide for the merit-based peer review of the
proposal and require standardized documentation of that
peer review;
``(C) after considering any written comments and
recommendations based on the reviews under subparagraphs
(A) and (B), approve or disapprove the proposal; and
``(D) <<NOTE: Notification. Summaries.>> provide
written notification of that approval or disapproval,
with summaries of all written comments, recommendations,
and peer reviews, to the entity that submitted the
proposal, and each of those States, covered Native
entity, and other government jurisdictions that provided
comments under subparagraph (A).
``(f) Criteria for Approval.--The Administrator may not approve a
proposal for a coral reef project under this section unless the
project--
``(1) is consistent with--
``(A) the National Coral Reef Resilience Strategy;
and
``(B) any Federal or non-Federal coral reef action
plans in effect under section 205 covering a coral reef
or ecologically significant unit of a coral reef to be
affected by the project; and
[[Page 136 STAT. 3944]]
``(2) will enhance the conservation and restoration of coral
reefs by--
``(A) addressing conflicts arising from the use of
environments near coral reefs or from the use of corals,
species associated with coral reefs, and coral products,
including supporting consensus-driven and community-
based planning and management initiatives for the
protection of coral reef ecosystems;
``(B) <<NOTE: Compliance.>> improving compliance
with laws that prohibit or regulate the taking of coral
products or species associated with coral reefs or
regulate the use and management of coral reef
ecosystems;
``(C) <<NOTE: Data.>> designing and implementing
networks of real-time water quality monitoring along
coral reefs, including data collection related to
turbidity, nutrient availability, harmful algal blooms,
and plankton assemblages, with an emphasis on coral
reefs impacted by agriculture and urban development;
``(D) promoting ecologically sound navigation and
anchorages, including mooring buoy systems to promote
enhanced recreational access, near coral reefs;
``(E) furthering the goals and objectives of coral
reef action plans in effect under section 205;
``(F) mapping the location and distribution of coral
reefs and potential coral reef habitat;
``(G) stimulating innovation to advance the ability
of the United States to understand, research, or monitor
coral reef ecosystems, or to develop management or
adaptation options to conserve and restore coral reef
ecosystems;
``(H) implementing research to ensure the population
viability of coral species in United States waters
listed as threatened or endangered under the Endangered
Species Act of 1973 as detailed in the population-based
recovery criteria included in species-specific recovery
plans established under such Act;
``(I) developing and implementing cost-effective
methods to restore degraded coral reef ecosystems or to
create geographically appropriate coral reef ecosystems
in suitable waters, including by improving habitat or
promoting success of keystone species, with an emphasis
on novel restoration strategies and techniques to
advance coral reef recovery and growth near population
centers threatened by rising sea levels and storm surge;
``(J) translating and applying coral genetics
research to coral reef ecosystem restoration, including
research related to traits that promote resilience to
increasing ocean temperatures, changing ocean chemistry,
coral bleaching, coral diseases, and invasive species;
``(K) developing and maintaining in situ native
coral propagation sites; or
``(L) developing and maintaining ex situ coral
propagation nurseries and land-based coral gene banks
to--
``(i) conserve or augment genetic diversity of
native coral populations;
``(ii) support captive breeding of rare coral
species; or
[[Page 136 STAT. 3945]]
``(iii) enhance resilience of native coral
populations to increasing ocean temperatures,
changing ocean chemistry, coral bleaching, and
coral diseases through selective breeding,
conditioning, or other approaches that target
genes, gene expression, phenotypic traits, or
phenotypic plasticity.
``(g) Funding Requirements.--To the extent practicable based upon
proposals for coral reef projects submitted to the Administrator, the
Administrator shall ensure that funding for grants awarded under this
section during a fiscal year is distributed as follows:
``(1) Not less than 40 percent of funds available shall be
awarded for projects in areas of the Pacific Ocean subject to
the jurisdiction or control of the United States.
``(2) Not less than 40 percent of the funds available shall
be awarded for projects in areas of the Atlantic Ocean, the Gulf
of Mexico, or the Caribbean Sea subject to the jurisdiction or
control of the United States.
``(3) To the extent there are viable applications made by
eligible coral reef stewardship partners, not more than 67
percent of funds distributed in each region in accordance with
paragraphs (1) and (2) may be made exclusively available to
projects that are--
``(A) submitted by a coral reef stewardship
partnership; and
``(B) consistent with the coral reef action plan in
effect under section 205 by such a partnership.
``(4) Of the funds distributed to support projects in
accordance with paragraph (3), not less than 20 percent and not
more than 33 percent shall be awarded for projects submitted by
a Federal coral reef stewardship partnership, to the extent
there are viable applications made by eligible Federal coral
reef stewardship partnerships.
``(h) <<NOTE: Guidance. Evaluations. Proposals.>> Task Force.--The
Administrator may consult with the Secretary of the Interior and the
Task Force to obtain guidance in establishing priorities and evaluating
proposals for coral reef projects under this section.
``SEC. 212. <<NOTE: 16 USC 6411.>> CORAL REEF RESEARCH.
``(a) Reef Research Coordination Institutes.--
``(1) <<NOTE: Designation.>> Establishment.--The
Administrator shall designate 2 reef research coordination
institutes for the purpose of advancing and sustaining essential
capabilities in coral reef research, one each in the Atlantic
and Pacific basins, to be known as the `Atlantic Reef Research
Coordination Institute' and the `Pacific Reef Research
Coordination Institute', respectively.
``(2) Membership.--Each institute designated under paragraph
(1) shall be housed within a single coral reef research center
designated by the Administrator under subsection (b).
``(3) Functions.--The institutes designated under paragraph
(1) shall--
``(A) conduct federally directed research to fill
national and regional coral reef ecosystem research gaps
and improve understanding of, and responses to,
continuing and emerging threats to the resilience of
United States
[[Page 136 STAT. 3946]]
coral reef ecosystems consistent with the National Coral
Reef Resilience Strategy;
``(B) support ecological research and monitoring to
study the effects of conservation and restoration
activities funded by this title on promoting more
effective coral reef management and restoration; and
``(C) through agreements--
``(i) collaborate directly with States,
covered Native entities, covered coral reef
managers, nonprofit organizations, and other coral
reef research centers designated under subsection
(b);
``(ii) assist in the development and
implementation of--
``(I) the National Coral Reef
Resilience Strategy; and
``(II) coral reef action plans under
section 205;
``(iii) build capacity within non-Federal
governmental resource management agencies to
establish research priorities and translate and
apply research findings to management and
restoration practices; and
``(iv) conduct public education and awareness
programs for policymakers, resource managers, and
the general public on--
``(I) coral reefs and coral reef
ecosystems;
``(II) best practices for coral reef
ecosystem management and restoration;
``(III) the value of coral reefs;
and
``(IV) the threats to the
sustainability of coral reef ecosystems.
``(b) Coral Reef Research Centers.--
``(1) In general.--The Administrator shall--
``(A) periodically solicit applications for
designation of qualifying institutions in covered States
as coral reef research centers; and
``(B) <<NOTE: Designations.>> designate all
qualifying institutions in covered States as coral reef
research centers.
``(2) <<NOTE: Determinations.>> Qualifying institutions.--
For purposes of paragraph (1), an institution is a qualifying
institution if the Administrator determines that the
institution--
``(A) is operated by an institution of higher
education or nonprofit marine research organization;
``(B) has established management-driven national or
regional coral reef research or restoration programs;
``(C) has demonstrated abilities to coordinate
closely with appropriate Federal and State agencies, and
other academic and nonprofit organizations; and
``(D) maintains significant local community
engagement and outreach programs related to coral reef
ecosystems.
``SEC. 213. <<NOTE: 16 USC 6412.>> CORAL REEF PRIZE COMPETITIONS.
``(a) In General.--Subject to the availability of appropriations,
the head of any Federal agency with a representative serving on the
United States Coral Reef Task Force established by section 10011 of the
James M. Inhofe National Defense Authorization Act for Fiscal Year 2023,
may, individually or in cooperation with
[[Page 136 STAT. 3947]]
one or more agencies, carry out a program to award prizes competitively
under section 24 of the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3719).
``(b) Purposes.--Any program carried out under this section shall be
for the purpose of stimulating innovation to advance the ability of the
United States to understand, research, or monitor coral reef ecosystems,
or to develop management or adaptation options to preserve, sustain, and
restore coral reef ecosystems.
``(c) Priority Programs.--Priority shall be given to establishing
programs under this section that address communities, environments, or
industries that are in distress as a result of the decline or
degradation of coral reef ecosystems, including--
``(1) scientific research and monitoring that furthers the
understanding of causes behind coral reef decline and
degradation and the generally slow recovery following
disturbances, including changing ocean chemistry, temperature-
related bleaching, disease, and their associated impacts on
coral physiology;
``(2) the development of monitoring or management options
for communities or industries that are experiencing significant
financial hardship;
``(3) the development of adaptation options to alleviate
economic harm and job loss caused by damage to coral reef
ecosystems;
``(4) the development of measures to help vulnerable
communities or industries, with an emphasis on rural communities
and businesses; and
``(5) the development of adaptation and management options
for impacted tourism industries.
``SEC. 214. <<NOTE: 16 USC 6413.>> REPORTS ON ADMINISTRATION.
``(a) In General.--Not later than 2 years after the date of the
enactment of the James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023, and every 2 years thereafter, the Administrator shall
submit to the committees specified in subsection (b) a report on the
administration of this title during the 2-year period preceding
submission of the report, including--
``(1) a description of all activities undertaken to
implement the National Coral Reef Resilience Strategy;
``(2) <<NOTE: Statement.>> a statement of all funds
obligated under the authorities of this title; and
``(3) <<NOTE: Summary.>> a summary, disaggregated by State,
of Federal and non-Federal contributions toward the costs of
each project or activity funded, in full or in part, under this
title.
``(b) Committees Specified.--The committees specified in this
subsection are--
``(1) the Committee on Commerce, Science, and
Transportation, Committee on Environment and Public Works,
Committee on Energy and Natural Resources, and the Committee on
Appropriations of the Senate; and
``(2) the Committee on Natural Resources and the Committee
on Appropriations of the House of Representatives.
``SEC. 215. <<NOTE: 16 USC 6414.>> AUTHORIZATION OF
APPROPRIATIONS.
``(a) <<NOTE: Time period.>> In General.--There is authorized to be
appropriated to the Administrator $45,000,000 for each of fiscal years
2023 through 2027 to carry out this title which shall remain available
until
[[Page 136 STAT. 3948]]
expended. Of such amounts, there is authorized to be appropriated for
each such fiscal year--
``(1) $12,000,000 to carry out section 207;
``(2) $3,500,000 for activities authorized under section
211; and
``(3) $4,500,000 to be provided to the cooperative
institutes designated under section 212(a) to carry out the
functions described in such section.
``(b) Administration.--Not more than 10 percent of the amounts
appropriated under subsection (a) may be used for program administration
or overhead costs incurred by the National Oceanic and Atmospheric
Administration or the Department of Commerce.
``SEC. 216. <<NOTE: 16 USC 6415.>> DEFINITIONS.
``In this title:
``(1) Administrator.--The term `Administrator' means the
Administrator of the National Oceanic and Atmospheric
Administration.
``(2) Alaska native corporation.--The term `Alaska Native
Corporation' has the meaning given the term `Native Corporation'
in section 3 of the Alaska Native Claims Settlement Act (43
U.S.C. 1602).
``(3) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Natural Resources of the House of Representatives.
``(4) Conservation.--The term `conservation' means the use
of methods and procedures necessary to preserve or sustain
native corals and associated species as diverse, viable, and
self-perpetuating coral reef ecosystems with minimal impacts
from invasive species, including--
``(A) all activities associated with resource
management, such as monitoring, assessment, protection,
restoration, sustainable use, management of habitat, and
maintenance or augmentation of genetic diversity;
``(B) mapping;
``(C) scientific expertise and technical assistance
in the development and implementation of management
strategies for marine protected areas and marine
resources required by Federal law;
``(D) law enforcement;
``(E) conflict resolution initiatives;
``(F) community outreach and education; and
``(G) promotion of safe and ecologically sound
navigation and anchoring.
``(5) Coral.--The term `coral' means species of the phylum
Cnidaria, including--
``(A) all species of the orders Antipatharia (black
corals), Scleractinia (stony corals), Alcyonacea (soft
corals, organ pipe corals, gorgonians), and Helioporacea
(blue coral), of the class Anthozoa; and
``(B) all species of the order Anthoathecata (fire
corals and other hydrocorals) of the class Hydrozoa.
``(6) Coral products.--The term `coral products' means any
living or dead specimens, parts, or derivatives, or any
[[Page 136 STAT. 3949]]
product containing specimens, parts, or derivatives, of any
species of coral.
``(7) Coral reef.--The term `coral reef' means calcium
carbonate structures in the form of a reef or shoal, composed in
whole or in part by living coral, skeletal remains of coral,
crustose coralline algae, and other associated sessile marine
plants and animals.
``(8) Coral reef ecosystem.--The term `coral reef ecosystem'
means--
``(A) corals and other geographically and
ecologically associated marine communities of other reef
organisms (including reef plants and animals) associated
with coral reef habitat; and
``(B) the biotic and abiotic factors and processes
that control or significantly affect coral calcification
rates, tissue growth, reproduction, recruitment,
abundance, coral-algal symbiosis, and biodiversity in
such habitat.
``(9) Coral reef ecosystem services.--The term `coral reef
ecosystem services' means the attributes and benefits provided
by coral reef ecosystems including--
``(A) protection of coastal beaches, structures, and
infrastructure;
``(B) habitat for organisms of economic, ecological,
biomedical, medicinal, and cultural value;
``(C) serving as centers for the promulgation,
performance, and training of cultural practices
representative of traditional ecological knowledge; and
``(D) aesthetic value.
``(10) Covered native entity.--The term `covered Native
entity' means a Native entity with interests in a coral reef
ecosystem.
``(11) Covered reef manager.--The term `covered reef
manager' means--
``(A) a management unit of a covered State with
jurisdiction over a coral reef ecosystem;
``(B) a covered State; or
``(C) a coral reef stewardship partnership under
section 206.
``(12) Covered state.--The term `covered State' means
Florida, Hawaii, and the territories of American Samoa, the
Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico,
and the United States Virgin Islands.
``(13) Federal reef manager.--
``(A) In general.--The term `Federal reef manager'
means--
``(i) a management unit of a Federal agency
specified in subparagraph (B) with lead management
jurisdiction over a coral reef ecosystem; or
``(ii) a coral reef stewardship partnership
under section 206(c).
``(B) Federal agencies specified.--A Federal agency
specified in this subparagraph is one of the following:
``(i) The National Oceanic and Atmospheric
Administration.
``(ii) The National Park Service.
``(iii) The United States Fish and Wildlife
Service.
``(iv) The Office of Insular Affairs.
[[Page 136 STAT. 3950]]
``(14) Institution of higher education.--The term
`institution of higher education' has the meaning given that
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
``(15) Interested stakeholder groups.--The term `interested
stakeholder groups' means any of the following with interest in
an applicable coral reef or ecologically significant unit of a
coral reef:
``(A) A business.
``(B) A commercial or recreational fisherman.
``(C) A recreationalist.
``(D) A Federal, State, Tribal, or local government
unit with related jurisdiction.
``(E) An institution of higher education (as such
term is defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)).
``(F) A nongovernmental organization.
``(16) National coral reef resilience strategy.--The term
`National Coral Reef Resilience Strategy' means the National
Coral Reef Resilience Strategy in effect under section 204.
``(17) Native entity.--The term `Native entity' means any of
the following:
``(A) An Indian Tribe (as defined in section 4 of
the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5304)).
``(B) An Alaska Native Corporation.
``(C) The Department of Hawaiian Home Lands.
``(D) The Office of Hawaiian Affairs.
``(E) A Native Hawaiian organization (as defined in
section 6207 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7517)).
``(18) Nonprofit organization.--The term `nonprofit
organization' means any corporation, trust, association,
cooperative, or other organization, not including an institution
of higher education, that--
``(A) is operated primarily for scientific,
educational, service, charitable, or similar purposes in
the public interest;
``(B) is not organized primarily for profit; and
``(C) uses net proceeds to maintain, improve, or
expand the operations of the organization.
``(19) Restoration.--The term `restoration' means the use of
methods and procedures necessary to enhance, rehabilitate,
recreate, or create a functioning coral reef or coral reef
ecosystem, in whole or in part, within suitable waters of the
historical geographic range of such ecosystems, to provide
ecological, economic, cultural, or coastal resiliency services
associated with healthy coral reefs and benefit native
populations of coral reef organisms.
``(20) Resilience.--The term `resilience' means the capacity
for corals within their native range, coral reefs, or coral reef
ecosystems to resist and recover from natural and human
disturbances, and maintain structure and function to provide
coral reef ecosystem services, as determined by clearly
identifiable, measurable, and science-based standards.
[[Page 136 STAT. 3951]]
``(21) Secretary.--The term `Secretary' means the Secretary
of Commerce.
``(22) State.--The term `State' means--
``(A) any State of the United States that contains a
coral reef ecosystem within its seaward boundaries;
``(B) American Samoa, the Commonwealth of the
Northern Mariana Islands, Guam, Puerto Rico, or the
United States Virgin Islands; or
``(C) any other territory or possession of the
United States or separate sovereign in free association
with the United States that contains a coral reef
ecosystem within its seaward boundaries.
``(23) Stewardship.--The term `stewardship', with respect to
a coral reef, includes conservation, restoration, and public
outreach and education.
``(24) Task force.--The term `Task Force' means the United
States Coral Reef Task Force established under section 10011 of
the James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023.''.
(b) Conforming Amendment to National Oceans and Coastal Security
Act.--Section 905(a) of the National Oceans and Coastal Security Act (16
U.S.C. 7504(a)) is amended by striking ``and coastal infrastructure''
and inserting ``, coastal infrastructure, and ecosystem services
provided by natural systems such as coral reefs''.
(c) Comptroller General Review of Coral Reef Conservation Programs
at the National Oceanic and Atmospheric Administration.--
<<NOTE: Reports. Examinations.>> The Comptroller General of the United
States shall, not later than 1 year after the date of the enactment of
this Act, submit to Congress and the National Oceanic and Atmospheric
Administration a report that--
(1) examines the budget and accounting practices of the
coral reef conservation programs of such Administration,
including expenditure tracking across line and program offices;
(2) examines the process for determining appropriate project
goals and funding priorities; and
(3) <<NOTE: Recommenda- tions.>> includes recommendations
on policies or best practices that may improve the transparency
and accountability of coral reef conservation programs.
(d) <<NOTE: 16 USC 6401 note.>> Savings Clause.--None of the
amendments made by or provisions of this title may be construed to
enlarge the management authority of a Federal agency or coral reef
stewardship partnership to coral reefs and coral reef ecosystems outside
the boundaries of such agency's or partnership's jurisdiction.
Subtitle B--United States Coral Reef Task Force
SEC. 10011. <<NOTE: 16 USC 6451.>> ESTABLISHMENT.
There is established a task force to lead, coordinate, and
strengthen Federal Government actions to better preserve, conserve, and
restore coral reef ecosystems, to be known as the ``United States Coral
Reef Task Force'' (in this subtitle referred to as the ``Task Force'').
[[Page 136 STAT. 3952]]
SEC. 10012. <<NOTE: 16 USC 6452.>> DUTIES.
The duties of the Task Force shall be--
(1) to coordinate, in cooperation with covered States,
covered Native entities, Federal reef managers, covered reef
managers, coral reef research centers designated under section
212(b) of the Coral Reef Conservation Act of 2000 (as added by
this division), and other nongovernmental and academic partners
as appropriate, activities regarding the mapping, monitoring,
research, conservation, mitigation, and restoration of coral
reefs and coral reef ecosystems;
(2) to monitor and advise regarding implementation of the
policy and Federal agency responsibilities set forth in--
(A) Executive Order 13089 (63 Fed. Reg. 32701;
relating to coral reef protection); and
(B) the National Coral Reef Resilience Strategy;
(3) to work in coordination with the other members of the
Task Force--
(A) to assess the United States role in
international trade and protection of coral species;
(B) to encourage implementation of appropriate
strategies and actions to promote conservation and
sustainable use of coral reef resources worldwide; and
(C) to collaborate with international communities
successful in managing coral reefs;
(4) to provide technical assistance for the development and
implementation, as appropriate, of--
(A) the National Coral Reef Resilience Strategy; and
(B) coral reef action plans under section 205 of
that Act; and
(5) to produce a report each year, for submission to the
appropriate congressional committees and publication on the
public website of the Task Force, highlighting the status of the
coral reef resources of a covered State on a rotating basis,
including--
(A) a summary of recent coral reef management and
restoration activities undertaken in that State; and
(B) updated estimates of the direct and indirect
economic activity supported by, and other benefits
associated with, those coral reef resources.
SEC. 10013. <<NOTE: 16 USC 6453.>> MEMBERSHIP.
(a) Voting Membership.--The voting members of the Task Force shall
be--
(1) the Under Secretary of Commerce for Oceans and
Atmosphere and the Secretary of Interior, who shall be co-
chairpersons of the Task Force;
(2) <<NOTE: President. Determinations.>> such
representatives from other Federal agencies as the President, in
consultation with the Under Secretary, determines appropriate;
and
(3) the Governor, or a representative of the Governor, of
each covered State.
(b) <<NOTE: Designations. Florida. Territories.>> Nonvoting
Members.--The Task Force shall have the following nonvoting members:
(1) A member of the South Atlantic Fishery Management
Council who is designated by the Governor of Florida under
section 302(b)(1) of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1852(b)(1)).
[[Page 136 STAT. 3953]]
(2) A member of the Gulf of Mexico Fishery Management
Council who is designated by the Governor of Florida under such
section.
(3) <<NOTE: Time periods. Hawaii.>> A member of the Western
Pacific Fishery Management Council who is designated under such
section and selected as follows:
(A) For the period beginning on the date of the
enactment of this Act and ending on December 31 of the
calendar year during which such date of enactment
occurs, the member shall be selected jointly by the
Governors of Hawaii, American Samoa, Guam, and the
Commonwealth of the Northern Mariana Islands.
(B) For each calendar year thereafter, the Governors
of Hawaii, American Samoa, Guam, and the Commonwealth of
the Northern Mariana Islands shall, on a rotating basis,
take turns selecting the member.
(4) <<NOTE: Time periods.>> A member of the Caribbean
Fishery Management Council who is designated under such section
and selected as follows:
(A) For the period beginning on the date of the
enactment of this Act and ending on December 31 of the
calendar year during which such date of enactment
occurs, the member shall be selected jointly by the
Governors of Puerto Rico and the United States Virgin
Islands.
(B) For each calendar year thereafter, the Governors
of Puerto Rico and the United States Virgin Islands
shall, on an alternating basis, take turns selecting the
member.
(5) <<NOTE: Appointment.>> A member appointed by the
President of the Federated States of Micronesia.
(6) <<NOTE: Appointment.>> A member appointed by the
President of the Republic of the Marshall Islands.
(7) <<NOTE: Appointment.>> A member appointed by the
President of the Republic of Palau.
SEC. 10014. <<NOTE: 16 USC 6454.>> RESPONSIBILITIES OF FEDERAL
AGENCY MEMBERS.
(a) In General.--A member of the Task Force described in section
10013(a) shall--
(1) identify the actions of the agency that member
represents that may affect coral reef ecosystems;
(2) use the programs and authorities of that agency to
protect and enhance the conditions of such ecosystems, including
through the promotion of basic and applied scientific research;
(3) collaborate with the Task Force to appropriately reflect
budgetary needs for coral reef conservation and restoration
activities in all agency budget planning and justification
documents and processes; and
(4) engage in any other coordinated efforts approved by the
Task Force.
(b) Co-chairpersons.--In addition to their responsibilities under
subsection (a), the co-chairpersons of the Task Force shall perform the
administrative functions of the Task Force and facilitate the
coordination of the members of the Task Force described in section
10013(a).
(c) <<NOTE: Time period.>> Briefing.--Not less than 30 days before
each meeting of the Task Force, the program offices of the National
Oceanic and Atmospheric Administration responsible for implementing this
title
[[Page 136 STAT. 3954]]
shall provide a briefing to the relevant congressional committees on
efforts and spending associated with such implementation.
SEC. 10015. <<NOTE: 16 USC 6455.>> WORKING GROUPS.
(a) In General.--The co-chairpersons of the Task Force may establish
working groups as necessary to meet the goals and carry out the duties
of the Task Force.
(b) Requests From Members.--The members of the Task Force may
request that the co-chairpersons establish a working group under
subsection (a).
(c) Participation by Nongovernmental Organizations.--The co-
chairpersons may allow nongovernmental organizations as appropriate,
including academic institutions, conservation groups, and commercial and
recreational fishing associations, to participate in a working group
established under subsection (a).
(d) Nonapplicability of Federal Advisory Committee Act.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to working groups
established under this section.
SEC. 10016. <<NOTE: 16 USC 6456.>> DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Environment and Public Works of
the Senate;
(C) the Committee on Energy and Natural Resources of
the Senate; and
(D) the Committee on Natural Resources of the House
of Representatives.
(2) Conservation, coral, coral reef, etc.--The terms
``conservation'', ``coral'', ``coral reef'', ``coral reef
ecosystem'', ``covered reef manager'', ``covered State'',
``Federal reef manager'', ``National Coral Reef Resilience
Strategy'', ``restoration'', ``resilience'', and ``State'' have
the meanings given those terms in section 216 of the Coral Reef
Conservation Act of 2000, as added by this division.
Subtitle C--Department of the Interior Coral Reef Authorities
SEC. 10021. <<NOTE: 16 USC 6471.>> CORAL REEF CONSERVATION AND
RESTORATION ASSISTANCE.
(a) In General.--The Secretary of the Interior may provide
scientific expertise and technical assistance, and subject to the
availability of appropriations, financial assistance for the
conservation and restoration of coral reefs consistent with all
applicable laws governing resource management in Federal, State, and
Tribal waters, including--
(1) the National Coral Reef Resilience Strategy; and
(2) coral reef action plans in effect under section 205 of
the Coral Reef Conservation Act of 2000, as added by this
division, as applicable.
(b) Coral Reef Initiative.--The Secretary may establish a Coral Reef
Initiative Program--
[[Page 136 STAT. 3955]]
(1) to provide grant funding to support local management,
conservation, and protection of coral reef ecosystems in--
(A) coastal areas of covered States; and
(B) Freely Associated States;
(2) to enhance resource availability of National Park
Service and National Wildlife Refuge System management units to
implement coral reef conservation and restoration activities;
(3) to complement the other conservation and assistance
activities conducted under this Act or the Coral Reef
Conservation Act of 2000, as amended by section 10001; and
(4) to provide other technical, scientific, and financial
assistance and conduct conservation and restoration activities
that advance the purposes of this title and the Coral Reef
Conservation Act of 2000, as amended by this division.
(c) Consultation With the Department of Commerce.--
(1) Coral reef conservation and restoration activities.--The
Secretary of the Interior may consult with the Secretary of
Commerce regarding the conduct of any activities to conserve and
restore coral reefs and coral reef ecosystems in waters managed
under the jurisdiction of the Federal agencies specified in
paragraphs (2) and (3) of section 203(c) of the Coral Reef
Conservation Act of 2000, as added by this division.
(2) Award of coral reef management fellowship.--The
Secretary of the Interior shall consult with the Secretary of
Commerce to award the Susan L. Williams Coral Reef Management
Fellowship under subtitle D.
(d) <<NOTE: Contracts.>> Cooperative Agreements.--Subject to the
availability of appropriations, the Secretary of the Interior may enter
into cooperative agreements with covered reef managers to fund coral
reef conservation and restoration activities in waters managed under the
jurisdiction of such managers that--
(1) are consistent with the National Coral Reef Resilience
Strategy; and
(2) support and enhance the success of coral reef action
plans in effect under section 205 of the Coral Reef Conservation
Act of 2000, as added by this division.
(e) Definitions.--In this section:
(1) Conservation, coral, coral reef, etc.--The terms
``conservation'', ``coral reef'', ``covered reef manager'',
``covered State'', ``National Coral Reef Resilience Strategy'',
``restoration'', and ``State'' have the meanings given those
terms in section 216 of the Coral Reef Conservation Act of 2000,
as added by this division.
(2) Tribe; tribal.--The terms ``Tribe'' and ``Tribal'' refer
to Indian Tribes (as defined in section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130)).
Subtitle D--Susan L. Williams National Coral Reef Management Fellowship
SEC. 10031. <<NOTE: 16 USC 6481.>> SUSAN L. WILLIAMS NATIONAL
CORAL REEF MANAGEMENT FELLOWSHIP.
(a) Definitions.--In this section:
(1) Alaska native corporation.--The term ``Alaska Native
Corporation'' has the meaning given the term ``Native
[[Page 136 STAT. 3956]]
Corporation'' in section 3 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602).
(2) Fellow.--The term ``fellow'' means a National Coral Reef
Management Fellow.
(3) Fellowship.--The term ``fellowship'' means the National
Coral Reef Management Fellowship established in subsection (c).
(4) Covered native entity.--The term ``covered Native
entity'' has the meaning given the term in section 216 of the
Coral Reef Conservation Act of 2000, as added by this division.
(5) Covered state.--The term ``covered State'' has the
meaning given the term in section 216 of the Coral Reef
Conservation Act of 2000, as added by this division.
(6) Native entity.--The term ``Native entity'' has the
meaning given the term in section 216 of the Coral Reef
Conservation Act of 2000, as added by this division.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(b) Establishment of Fellowship Program.--
(1) In general.--There is established a National Coral Reef
Management Fellowship Program.
(2) Purposes.--The purposes of the fellowship are--
(A) to encourage future leaders of the United States
to develop additional coral reef management capacity in
States and local communities with coral reefs;
(B) to provide management agencies of covered States
and covered Native entities with highly qualified
candidates whose education and work experience meet the
specific needs of each covered State or covered Native
entity; and
(C) to provide fellows with professional experience
in management of coastal and coral reef resources.
(c) Fellowship Awards.--
(1) In general.--The Secretary, in consultation with the
Secretary of the Interior, shall award a fellowship in
accordance with this subsection.
(2) Term of fellowship.--A fellowship awarded under this
subsection shall be for a term of not more than 2 years.
(3) Qualifications.--The Secretary, in consultation with the
Secretary of the Interior, shall award a fellowship to
individuals who have demonstrated--
(A) an intent to pursue a career in marine services
and outstanding potential for such a career;
(B) leadership potential, actual leadership
experience, or both;
(C) possession of a college or graduate degree in
biological science, a college or graduate degree in
resource management with experience that correlates with
aptitude and interest for marine management, or both;
(D) proficient writing and speaking skills; and
(E) such other attributes as the Secretary, in
consultation with the Secretary of the Interior,
considers appropriate.
(d) Matching Requirement.--
(1) In general.--Except as provided in paragraph (2), the
non-Federal share of the costs of a fellowship under this
section shall be 25 percent of such costs.
[[Page 136 STAT. 3957]]
(2) Waiver of matching requirement.--The Secretary may waive
the application of paragraph (1) to a fellowship if the
Secretary finds that such waiver is necessary to support a
project that the Secretary has identified as a high priority.
TITLE CI--BOLSTERING LONG-TERM UNDERSTANDING AND EXPLORATION OF THE
GREAT LAKES, OCEANS, BAYS, AND ESTUARIES
SEC. 10101. <<NOTE: 33 USC 3612 note.>> PURPOSE.
The purpose of this title is to promote and support--
(1) the monitoring, understanding, and exploration of the
Great Lakes, oceans, bays, estuaries, and coasts; and
(2) the collection, analysis, synthesis, and sharing of data
related to the Great Lakes, oceans, bays, estuaries, and coasts
to facilitate scientific research and operational
decisionmaking.
SEC. 10102. <<NOTE: 33 USC 3612 note.>> DEFINITIONS.
In this title:
(1) Administration.--The term ``Administration'' means the
National Oceanic and Atmospheric Administration.
(2) Administrator.--The term ``Administrator'' means the
Under Secretary of Commerce for Oceans and Atmosphere in the
capacity as Administrator of the National Oceanic and
Atmospheric Administration.
(3) Indian tribe.--The term ``Indian Tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
SEC. 10103. WORKFORCE STUDY.
(a) In General.--Section 303(a) of the America COMPETES
Reauthorization Act of 2010 (33 U.S.C. 893c(a)) is amended--
(1) by striking ``Secretary of Commerce'' and inserting
``Under Secretary of Commerce for Oceans and Atmosphere'';
(2) in paragraph (2), by inserting ``, skillsets, or
credentials'' after ``degrees'';
(3) in paragraph (3), by inserting ``or highly qualified
technical professionals and tradespeople'' after ``atmospheric
scientists'';
(4) in paragraph (4), by inserting ``, skillsets, or
credentials'' after ``degrees'';
(5) in paragraph (5)--
(A) by striking ``scientist''; and
(B) by striking ``; and'' and inserting ``,
observations, and monitoring;''
(6) in paragraph (6), by striking ``into Federal'' and all
that follows and inserting ``, technical professionals, and
tradespeople into Federal career positions;''
(7) by redesignating paragraphs (2) through (6) as
paragraphs (3) through (7), respectively;
(8) by inserting after paragraph (1) the following:
[[Page 136 STAT. 3958]]
``(2) whether there is a shortage in the number of
individuals with technical or trade-based degrees, skillsets, or
credentials suited to a career in oceanic and atmospheric data
collection, processing, satellite production, or satellite
operations;''; and
(9) by adding at the end the following:
``(8) workforce diversity and actions the Federal Government
can take to increase diversity in the scientific workforce; and
``(9) actions the Federal Government can take to shorten the
hiring backlog for such workforce.''.
(b) Coordination.--Section 303(b) of such Act (33 U.S.C. 893c(b)) is
amended by striking ``Secretary of Commerce'' and inserting ``Under
Secretary of Commerce for Oceans and Atmosphere''.
(c) Report.--Section 303(c) of such Act (33 U.S.C. 893c(c)) is
amended--
(1) by striking ``the date of enactment of this Act'' and
inserting ``the date of the enactment of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023'';
(2) by striking ``Secretary of Commerce'' and inserting
``Under Secretary of Commerce for Oceans and Atmosphere''; and
(3) by striking ``to each committee'' and all that follows
through ``section 302 of this Act'' and inserting ``to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Natural Resources and the Committee on
Science, Space, and Technology of the House of
Representatives''.
(d) Program and Plan.--Section 303(d) of such Act (33 U.S.C.
893c(d)) is amended--
(1) by striking ``Administrator of the National Oceanic and
Atmospheric Administration'' and inserting ``Under Secretary of
Commerce for Oceans and Atmosphere''; and
(2) by striking ``academic partners'' and all that follows
and inserting ``academic partners.''.
SEC. 10104. <<NOTE: 33 USC 3612.>> ACCELERATING INNOVATION AT
COOPERATIVE INSTITUTES.
(a) <<NOTE: Evaluations.>> Focus on Emerging Technologies.--The
Administrator shall consider evaluating the goals of 1 or more
Cooperative Institutes of the Administration to include focusing on
advancing or applying emerging technologies, which may include--
(1) applied uses and development of real-time and other
advanced genetic technologies and applications, including such
technologies and applications that derive genetic material
directly from environmental samples without any obvious signs of
biological source material;
(2) deployment of, and improvements to the durability,
maintenance, and other lifecycle concerns of, advanced unmanned
vehicles, regional small research vessels, and other research
vessels that support and launch unmanned vehicles and sensors;
and
(3) supercomputing and big data management, including data
collected through model outputs, electronic monitoring, and
remote sensing.
[[Page 136 STAT. 3959]]
(b) Coordination With Other Programs.--The Cooperative Institutes
shall work with the Interagency Ocean Observation Committee, the
regional associations of the Integrated Ocean Observing System, and
other ocean observing programs to coordinate technology needs and the
transition of new technologies from research to operations.
SEC. 10105. <<NOTE: 33 USC 3613.>> BLUE ECONOMY VALUATION.
(a) <<NOTE: Data.>> Measurement of Industries.--The Administrator,
in consultation with the heads of other relevant Federal agencies and
subject to the availability of appropriations, shall establish a program
to improve the collection, aggregation, and analysis of data to measure
the value and impact of industries related to the Great Lakes, oceans,
bays, estuaries, and coasts on the economy of the United States,
including military uses, living resources, marine construction, marine
transportation, offshore energy development and siting including for
renewable energy, offshore mineral production, ship and boat building,
tourism, recreation, subsistence, commercial, recreational, and charter
fishing, seafood processing, and other fishery-related businesses,
aquaculture such as kelp and shellfish, and other industries the
Administrator determines appropriate.
(b) Collaboration.--In carrying out subsection (a), the
Administrator shall--
(1) work with the Director of the Bureau of Economic
Analysis and the heads of other relevant Federal agencies to
develop a Coastal and Ocean Economy Satellite Account that
includes national, Tribal, and State-level statistics to measure
the contribution of the Great Lakes, oceans, bays, estuaries,
and coasts to the overall economy of the United States; and
(2) collaborate with national and international
organizations and governments to promote consistency of methods,
measurements, and definitions to ensure comparability of results
between countries.
(c) <<NOTE: Termination date. Publication.>> Report.--Not later
than 2 years after the date of the enactment of this section, and not
less frequently than every 2 years thereafter until the date that is 20
years after the date of the enactment of this section, the
Administrator, in consultation with the heads of other relevant Federal
agencies, shall publish a report that--
(1) defines the Blue Economy in consultation with Indian
Tribes and with input from academia, the private sector,
nongovernmental organizations, and other relevant experts;
(2) <<NOTE: Recommenda- tions.>> makes recommendations for
updating North American Industry Classification System reporting
codes to reflect the Blue Economy; and
(3) <<NOTE: Estimate.>> provides a comprehensive estimate
of the value and impact of the Blue Economy with respect to each
State and territory of the United States, including--
(A) the value and impact of--
(i) economic activities that are dependent
upon the resources of the Great Lakes, oceans,
bays, estuaries, and coasts;
(ii) the population and demographic
characteristics of the population along the
coasts;
(iii) port and shoreline infrastructure;
[[Page 136 STAT. 3960]]
(iv) the volume and value of cargo shipped by
sea or across the Great Lakes;
(v) data collected from the Great Lakes,
oceans, bays, estuaries, and coasts, including
such data collected by businesses that purchase
and commodify the data, including weather
prediction and seasonal agricultural forecasting;
and
(vi) military uses; and
(B) to the extent possible, the qualified value and
impact of the natural capital of the Great Lakes,
oceans, bays, estuaries, and coasts with respect to
tourism, recreation, natural resources, and cultural
heritage, including other indirect values.
(d) Centralized Website for Resiliency Grants.--
(1) <<NOTE: Deadline. Updates. Public information.>> In
general.--Not later than 180 days after the date of the
enactment of this section, the Administrator, in coordination
with the heads of other relevant Federal agencies, shall create
and regularly update a public website to improve education,
outreach, and public information regarding grants and other
public funding opportunities of the Administration related to
resiliency.
(2) Contents of website.--The website created under
paragraph (1) shall include the following:
(A) Hyperlinks, descriptions, deadlines, and
resources to support applicants including technical
assistance and other information as the Administrator
determines appropriate relating to resilience grants
administered by--
(i) the Administration;
(ii) other relevant Federal agencies; or
(iii) foundations in coordination with the
Administration.
(B) Information described in subparagraph (A) that
is specific to supporting Tribal Governments and Tribal
Colleges and Universities, and, with respect to each
such grant described in paragraph (1), the contact
information for an individual of the Administration who
can assist Tribal Governments and Tribal Colleges and
Universities in applying for such grants.
(C) Information described in subparagraph (A) that
is specific to supporting Historically Black Colleges
and Universities, and, with respect to each such grant
described in paragraph (1), the contact information for
an individual of the Administration who can assist
Historically Black Colleges and Universities in applying
for such grants.
(3) Outreach.--The Administrator shall conduct outreach
activities to inform State, Tribal, and local governments of
resiliency, adaptation, and mitigation grants that are available
to such governments.
(4) Definitions.--In this section:
(A) Historically black colleges and universities.--
The term ``Historically Black Colleges and
Universities'' has the meaning given the term ``part B
institution'' in section 322 of the Higher Education Act
of 1965 (20 U.S.C. 1061).
(B) Tribal college or university.--The term ``Tribal
College or University'' has the meaning given the term
[[Page 136 STAT. 3961]]
in section 316 of the Higher Education Act of 1965 (20
U.S.C. 1059c).
SEC. 10106. <<NOTE: 33 USC 3612 note.>> NO ADDITIONAL FUNDS
AUTHORIZED.
Funds to carry out this title may, as provided in advance in
appropriations Acts, only come from within amounts authorized to be
appropriated to the National Oceanic and Atmospheric Administration.
TITLE CII--REGIONAL OCEAN PARTNERSHIPS
SEC. 10201. <<NOTE: 16 USC 1468 note.>> FINDINGS; PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) The ocean and coastal waters and the Great Lakes of the
United States are foundational to the economy, security, global
competitiveness, and well-being of the United States and
continuously serve the people of the United States and other
countries as an important source of food, energy, economic
productivity, recreation, beauty, and enjoyment.
(2) Over many years, the resource productivity and water
quality of the ocean, coastal, and Great Lakes areas of the
United States have been diminished by pollution, increasing
population demands, economic development, and natural and man-
made hazard events, both acute and chronic.
(3) The ocean, coastal, and Great Lakes areas of the United
States are managed by State and Federal resource agencies and
Indian Tribes and regulated on an interstate and regional scale
by various overlapping Federal authorities, thereby creating a
significant need for interstate coordination to enhance regional
priorities, including the ecological and economic health of
those areas.
(4) Indian Tribes have unique expertise and knowledge
important for the stewardship of the ocean and coastal waters
and the Great Lakes of the United States.
(b) Purposes.--The purposes of this title are as follows:
(1) To complement and expand cooperative voluntary efforts
intended to manage, conserve, and restore ocean, coastal, and
Great Lakes areas spanning across multiple State and Indian
Tribe jurisdictions.
(2) To expand Federal support for monitoring, data
management, restoration, research, and conservation activities
in ocean, coastal, and Great Lakes areas.
(3) To commit the United States to a comprehensive
cooperative program to achieve improved water quality in, and
improvements in the productivity of living resources of, oceans,
coastal, and Great Lakes ecosystems.
(4) To authorize Regional Ocean Partnerships as
intergovernmental coordinators for shared regional priorities
among States and Indian Tribes relating to the collaborative
management of the large marine ecosystems, thereby reducing
duplication of efforts and maximizing opportunities to leverage
support in the ocean and coastal regions.
(5) To empower States to take a lead role in managing
oceans, coastal, and Great Lakes areas.
[[Page 136 STAT. 3962]]
(6) To incorporate rights of Indian Tribes in the management
of oceans, coasts, and Great Lakes resources and provide
resources to support Indian Tribe participation in and
engagement with Regional Ocean Partnerships.
(7) To enable Regional Ocean Partnerships, or designated
fiscal management entities of such partnerships, to receive
Federal funding to conduct the scientific research,
conservation, and restoration activities, and priority
coordination on shared regional priorities necessary to achieve
the purposes described in paragraphs (1) through (6).
SEC. 10202. <<NOTE: 16 USC 1468.>> REGIONAL OCEAN PARTNERSHIPS.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) Coastal state.--The term ``coastal State'' has the
meaning given the term ``Coastal state'' in section 304 of the
Coastal Zone Management Act of 1972 (16 U.S.C. 1453).
(3) Indian tribe.--The term ``Indian Tribe'' has the meaning
given that term in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304).
(4) Regional ocean partnership.--The term ``Regional Ocean
Partnership'' means a Regional Ocean Partnership designated
under subsection (b).
(b) Regional Ocean Partnerships.--
(1) In general.--A coastal State or Indian Tribe may form a
partnership with--
(A) a coastal State that shares a common ocean or
coastal area with the coastal State, without regard to
whether the coastal States are contiguous; and
(B) States--
(i) that share a common ocean, coastal area,
or watershed with the coastal State, without
regard to whether the coastal States are
contiguous; or
(ii) that would contribute to the priorities
of the partnership; and
(C) Indian Tribes.
(2) Requirements.--A partnership formed under paragraph (1)
may apply for designation as a Regional Ocean Partnership in
such time and manner as determined appropriate by the Secretary
if the partnership--
(A) is established to coordinate the management of
ocean, coastal, and Great Lakes resources among the
members of the partnership;
(B) focuses on the environmental issues affecting
the ocean, coastal, and Great Lakes areas of the members
participating in the partnership;
(C) complements existing coastal and ocean
management efforts of States and Indian Tribes on an
interstate scale, focusing on shared regional
priorities;
(D) does not have a regulatory function; and
(E) is not duplicative of an existing Regional Ocean
Partnership designated under paragraph (3), as
determined by the Secretary.
[[Page 136 STAT. 3963]]
(3) <<NOTE: State listings.>> Designation of certain
entities as regional ocean partnerships.--The following entities
are designated as Regional Ocean Partnerships:
(A) The Gulf of Mexico Alliance, comprised of the
States of Alabama, Florida, Louisiana, Mississippi, and
Texas.
(B) The Northeast Regional Ocean Council, comprised
of the States of Maine, Vermont, New Hampshire,
Massachusetts, Connecticut, and Rhode Island.
(C) The Mid-Atlantic Regional Council on the Ocean,
comprised of the States of New York, New Jersey,
Delaware, Maryland, and Virginia.
(D) The West Coast Ocean Alliance, comprised of the
States of California, Oregon, and Washington and the
coastal Indian Tribes therein.
(4) Great lakes.--A partnership established under this
section for the purposes described in subsection (d) with
respect to a Great Lake may be known as a ``Regional Coastal
Partnership'' or a ``Regional Great Lakes Partnership''.
(c) Governing Bodies of Regional Ocean Partnerships.--A Regional
Ocean Partnership shall have a governing body that--
(1) shall be comprised, at a minimum, of voting members from
each coastal state participating in the Regional Ocean
Partnership, designated by the Governor of the coastal state;
and
(2) may include such other members as the partnership
considers appropriate.
(d) Functions.--A Regional Ocean Partnership may perform the
following functions:
(1) Promote coordination of the actions of the agencies of
governments participating in the partnership with the actions of
the appropriate officials of Federal agencies, State
governments, and Indian Tribes in developing strategies--
(A) to conserve living resources, increase valuable
habitats, enhance coastal resilience and ocean
management, promote ecological and economic health, and
address such other issues related to the shared ocean,
coastal, or Great Lakes areas as are determined to be a
shared, regional priority by those states; and
(B) to manage regional data portals and develop
associated data products for purposes that support the
priorities of the partnership.
(2) In cooperation with appropriate Federal and State
agencies, Indian Tribes, and local authorities, develop and
implement specific action plans to carry out coordination goals.
(3) Coordinate and implement priority plans and projects,
and facilitate science, research, modeling, monitoring, data
collection, and other activities that support the goals of the
partnership through the provision of grants and contracts under
subsection (f).
(4) Engage, coordinate, and collaborate with relevant
governmental entities and stakeholders to address ocean and
coastal related matters that require interagency or
intergovernmental solutions.
(5) Implement outreach programs for public information,
education, and participation to foster stewardship of the
resources of the ocean, coastal, and Great Lakes areas, as
relevant.
[[Page 136 STAT. 3964]]
(6) Develop and make available, through publications,
technical assistance, and other appropriate means, information
pertaining to cross-jurisdictional issues being addressed
through the coordinated activities of the partnership.
(7) Serve as a liaison with, and provide information to,
international counterparts, as appropriate on priority issues
for the partnership.
(e) Coordination, Consultation, and Engagement.--
(1) In general.--A Regional Ocean Partnership shall maintain
mechanisms for coordination, consultation, and engagement with
the following:
(A) The Federal Government.
(B) Indian Tribes.
(C) Nongovernmental entities, including academic
organizations, nonprofit organizations, and private
sector entities.
(D) Other federally mandated regional entities,
including the Regional Fishery Management Councils, the
regional associations of the National Integrated Coastal
and Ocean Observation System, and relevant Marine
Fisheries Commissions.
(2) Rule of construction.--Nothing in paragraph (1)(B) may
be construed as affecting any requirement to consult with Indian
Tribes under Executive Order 13175 (25 U.S.C. 5301 note;
relating to consultation and coordination with Indian Tribal
Governments) or any other applicable law or policy.
(f) Grants and Contracts.--
(1) In general.--A Regional Ocean Partnership may, in
coordination with existing Federal, State, and Tribal management
programs, from amounts made available to the partnership by the
Administrator or the head of another Federal agency, subject to
appropriations for such purpose, provide grants and enter into
contracts for the purposes described in paragraph (2).
(2) Purposes.--The purposes described in this paragraph
include any of the following:
(A) Monitoring the water quality and living
resources of multistate ocean and coastal ecosystems and
coastal communities.
(B) Researching and addressing the effects of
natural and human-induced environmental changes on--
(i) ocean and coastal ecosystems; and
(ii) coastal communities.
(C) <<NOTE: Strategies.>> Developing and executing
cooperative strategies that--
(i) address regional data issues identified by
the partnership; and
(ii) will result in more effective management
of common ocean and coastal areas.
(g) Report Required.--
(1) In general.--Not later than 5 years after the date of
the enactment of this Act, the Administrator, in coordination
with the Regional Ocean Partnerships, shall submit to Congress a
report on the partnerships.
(2) <<NOTE: Assessments.>> Report requirements.--The report
required by paragraph (1) shall include the following:
[[Page 136 STAT. 3965]]
(A) An assessment of the overall status of the work
of the Regional Ocean Partnerships.
(B) An assessment of the effectiveness of the
partnerships in supporting regional priorities relating
to the management of common ocean, coastal, and Great
Lakes areas.
(C) An assessment of the effectiveness of the
strategies that the partnerships are supporting or
implementing and the extent to which the priority needs
of the regions covered by the partnerships are being met
through such strategies.
(D) An assessment of how the efforts of the
partnerships support or enhance Federal and State
efforts consistent with the purposes of this title.
(E) <<NOTE: Recommenda- tions.>> Such
recommendations as the Administrator may have for
improving--
(i) efforts of the partnerships to support the
purposes of this title; and
(ii) collective strategies that support the
purposes of this title in coordination with all
relevant Federal and State entities and Indian
Tribes.
(F) The distribution of funds from each partnership
for each fiscal year covered by the report.
(h) Availability of Federal Funds.--In addition to amounts made
available to the Regional Ocean Partnerships by the Administrator under
this section, the head of any other Federal agency may provide grants
to, enter into contracts with, or otherwise provide funding to such
partnerships, subject to availability of appropriations for such
purposes.
(i) Authorities.--Nothing in this section establishes any new legal
or regulatory authority of the National Oceanic and Atmospheric
Administration or of the Regional Ocean Partnerships, other than--
(1) the authority of the Administrator to provide amounts to
the partnerships; and
(2) the authority of the partnerships to provide grants and
enter into contracts under subsection (f).
(j) <<NOTE: Time periods.>> Authorizations.--
(1) Regional ocean partnerships.--There are authorized to be
appropriated to the Administrator the following amounts to be
made available to the Regional Ocean Partnerships or designated
fiscal management entities of such partnerships to carry out
activities of such partnerships under this title:
(A) $10,100,000 for fiscal year 2023.
(B) $10,202,000 for fiscal year 2024.
(C) $10,306,040 for fiscal year 2025.
(D) $10,412,160 for fiscal year 2026.
(E) $10,520,404 for fiscal year 2027.
(2) Distribution of amounts.--Amounts made available under
this subsection shall be divided evenly among the Regional Ocean
Partnerships.
(3) Tribal government participation.--There is authorized to
be appropriated to the Administrator $1,000,000 for each of
fiscal years 2023 through 2027 to be distributed to Indian
Tribes for purposes of participation in or engagement with the
Regional Ocean Partnerships.
[[Page 136 STAT. 3966]]
TITLE CIII--NATIONAL OCEAN EXPLORATION
SEC. 10301. <<NOTE: 33 USC 3408 note.>> FINDINGS.
Congress makes the following findings:
(1) The health and resilience of the ocean are vital to the
security and economy of the United States and to the lives of
the people of the United States.
(2) The United States depends on the ocean to regulate
weather and climate, to sustain and protect the diversity of
life, for maritime shipping, for national defense, and for food,
energy, medicine, recreation, and other services essential to
the people of the United States and all humankind.
(3) The prosperity, security, and well-being of the United
States depend on successful understanding and stewardship of the
ocean.
(4) Interdisciplinary cooperation and engagement among
government agencies, research institutions, nongovernmental
organizations, States, Indian Tribes, and the private sector are
essential for successful stewardship of ocean and coastal
environments, national economic growth, national security, and
development of agile strategies that develop, promote, and use
new technologies.
(5) Ocean exploration can help the people of the United
States understand how to be effective stewards of the ocean and
serve as catalysts and enablers for other sectors of the
economy.
(6) Mapping, exploration, and characterization of the ocean
provides basic, essential information to protect and restore the
marine environment, stimulate economic activity, and provide
security for the United States.
(7) A robust national ocean exploration program engaging
multiple Federal agencies, Indian Tribes, the private sector,
nongovernmental organizations, and academia is--
(A) essential to the interests of the United States
and vital to its security and economy and the health and
well-being of all people of the United States; and
(B) critical to reestablish the United States at the
forefront of global ocean exploration and stewardship.
SEC. 10302. <<NOTE: 33 USC 3408 note.>> DEFINITIONS.
In this title:
(1) Characterization.--The term ``characterization'' means
activities that provide comprehensive data and interpretations
for a specific area of interest of the sea floor, sub-bottom,
water column, or hydrologic features, including water masses and
currents, in direct support of specific research, environmental
protection, resource management, policymaking, or applied
mission objectives.
(2) Exploration.--The term ``exploration'' means activities
that provide--
(A) a multidisciplinary view of an unknown or poorly
understood area of the seafloor, sub-bottom, or water
column; and
[[Page 136 STAT. 3967]]
(B) an initial assessment of the physical, chemical,
geological, biological, archeological, or other
characteristics of such an area.
(3) Indian tribe.--The term ``Indian Tribe'' has the meaning
given that term in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304).
(4) Mapping.--The term ``mapping'' means activities that
provide comprehensive data and information needed to understand
seafloor characteristics, such as depth, topography, bottom
type, sediment composition and distribution, underlying geologic
structure, and benthic flora and fauna.
SEC. 10303. OCEAN POLICY COMMITTEE.
(a) Subcommittees.--Section 8932(c) of title 10, United States Code,
is amended to read as follows:
``(c) Subcommittees.--(1) The Committee shall include--
``(A) a subcommittee to be known as the `Ocean Science and
Technology Subcommittee'; and
``(B) a subcommittee to be known as the `Ocean Resource
Management Subcommittee'.
``(2) In discharging its responsibilities in support of agreed-upon
scientific needs, and to assist in the execution of the responsibilities
described in subsection (b), the Committee may delegate responsibilities
to the Ocean Science and Technology Subcommittee, the Ocean Resource
Management Subcommittee, or another subcommittee of the Committee, as
the Committee determines appropriate.''.
(b) Increased Access to Geospatial Data for More Efficient and
Informed Decisionmaking.--
(1) Establishment of document system.--Section 8932(b) of
title 10, United States Code, is amended--
(A) in paragraph (3), by striking ``and'' at the
end;
(B) in paragraph (4)(F), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(5) for projects under the purview of the Committee,
establish or designate one or more systems for ocean-related and
ocean-mapping-related documents prepared under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), in
accordance with subsection (h).''.
(2) Elements.--Section 8932 of such title is amended--
(A) by redesignating subsection (h) as subsection
(i); and
(B) by inserting after subsection (g) the following
new subsection (h):
``(h) Elements of Document System.--The systems established or
designated under subsection (b)(5) may include the following:
``(1) <<NOTE: Public information.>> A publicly accessible,
centralized digital archive of documents described in subsection
(b)(5) that are finalized after the date of the enactment of the
James M. Inhofe National Defense Authorization Act for Fiscal
Year 2023, including--
``(A) environmental impact statements;
``(B) environmental assessments;
``(C) records of decision; and
``(D) other relevant documents as determined by the
lead agency on a project.
[[Page 136 STAT. 3968]]
``(2) Geospatially referenced data, if any, contained in the
documents under paragraph (1).
``(3) A mechanism to retrieve information through geo-
information tools that can map and integrate relevant geospatial
information, such as--
``(A) Ocean Report Tools;
``(B) the Environmental Studies Program Information
System;
``(C) Regional Ocean Partnerships; and
``(D) the Integrated Ocean Observing System.
``(4) Appropriate safeguards on the public accessibility of
data to protect national security equities.''.
SEC. 10304. <<NOTE: 33 USC 3408.>> NATIONAL OCEAN MAPPING,
EXPLORATION, AND CHARACTERIZATION
COUNCIL.
(a) <<NOTE: President.>> Establishment.--The President shall
establish a council, to be known as the ``National Ocean Mapping,
Exploration, and Characterization Council'' (in this section referred to
as the ``Council'').
(b) Purpose.--The Council shall--
(1) <<NOTE: Update.>> update national priorities for ocean
mapping, exploration, and characterization; and
(2) <<NOTE: Coordination.>> coordinate and facilitate
activities to advance those priorities.
(c) Reporting.--The Council shall report to the Ocean Science and
Technology Subcommittee of the Ocean Policy Committee established under
section 8932(c) of title 10, United States Code.
(d) Membership.--The Council shall be composed of senior-level
representatives from the appropriate Federal agencies.
(e) Co-Chairs.--The Council shall be co-chaired by--
(1) two senior-level representatives from the National
Oceanic and Atmospheric Administration; and
(2) one senior-level representative from the Department of
the Interior.
(f) Duties.--The Council shall--
(1) set national ocean mapping, exploration, and
characterization priorities and strategies;
(2) cultivate and facilitate transparent and sustained
partnerships among Federal and State agencies, Indian Tribes,
private industry, academia, and nongovernmental organizations to
conduct ocean mapping, exploration, and characterization
activities and related technology development;
(3) coordinate improved processes for data compilation,
management, access, synthesis, and visualization with respect to
ocean mapping, exploration, and characterization, with a focus
on building on existing ocean data management systems and with
appropriate safeguards on the public accessibility of data to
protect national security equities, as appropriate;
(4) encourage education, workforce training, and public
engagement activities that--
(A) advance interdisciplinary principles that
contribute to ocean mapping, exploration, research, and
characterization;
(B) improve public engagement with and understanding
of ocean science; and
(C) provide opportunities for underserved
populations;
[[Page 136 STAT. 3969]]
(5) coordinate activities as appropriate with domestic and
international ocean mapping, exploration, and characterization
initiatives or programs; and
(6) establish and monitor metrics to track progress in
achieving the priorities set under paragraph (1).
(g) Interagency Working Group on Ocean Exploration and
Characterization.--
(1) <<NOTE: President.>> Establishment.--The President
shall establish a new interagency working group to be known as
the ``Interagency Working Group on Ocean Exploration and
Characterization''.
(2) Membership.--The Interagency Working Group on Ocean
Exploration and Characterization shall be comprised of senior
representatives from Federal agencies with ocean exploration and
characterization responsibilities.
(3) Functions.--The Interagency Working Group on Ocean
Exploration and Characterization shall support the Council and
the Ocean Science and Technology Subcommittee of the Ocean
Policy Committee established under section 8932(c) of title 10,
United States Code, on ocean exploration and characterization
activities and associated technology development across the
Federal Government, State governments, Indian Tribes, private
industry, nongovernmental organizations, and academia.
(h) Oversight.--The Council shall oversee--
(1) the Interagency Working Group on Ocean Exploration and
Characterization established under subsection (g)(1); and
(2) the Interagency Working Group on Ocean and Coastal
Mapping under section 12203 of the Ocean and Coastal Mapping
Integration Act (33 U.S.C. 3502).
(i) Plan.--
(1) <<NOTE: Deadline.>> In general.--Not later than 1 year
after the date of the enactment of this Act, the Council shall
develop or update and submit to the appropriate committees of
Congress a plan for an integrated cross-sectoral ocean mapping,
exploration, and characterization initiative.
(2) Elements.--The plan required by paragraph (1) shall--
(A) discuss the utility and benefits of ocean
exploration and characterization;
(B) identify and describe national ocean mapping,
exploration, and characterization priorities;
(C) identify and describe Federal and federally
funded ocean mapping, exploration, and characterization
programs;
(D) facilitate and incorporate non-Federal input
into national ocean mapping, exploration, and
characterization priorities;
(E) ensure effective coordination of ocean mapping,
exploration, and characterization activities among
programs described in subparagraph (C);
(F) identify opportunities for combining overlapping
or complementary needs, activities, and resources of
Federal agencies and non-Federal organizations relating
to ocean mapping, exploration, and characterization
while not reducing benefits from existing mapping,
explorations, and characterization activities;
(G) promote new and existing partnerships among
Federal and State agencies, Indian Tribes, private
industry,
[[Page 136 STAT. 3970]]
academia, and nongovernmental organizations to conduct
or support ocean mapping, exploration, and
characterization activities and technology development
needs, including through coordination under section 3 of
the Commercial Engagement Through Ocean Technology Act
of 2018 (33 U.S.C. 4102) and the National Oceanographic
Partnership Program under section 8931 of title 10,
United States Code;
(H) <<NOTE: Deadline.>> develop a transparent and
sustained mechanism for non-Federal partnerships and
stakeholder engagement in strategic planning and mission
execution to be implemented not later than December 31,
2023, for coordinating such activities with--
(i) institutions of higher education (as such
term is defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)), the
private sector, philanthropic organizations, and
nonprofits; and
(ii) international partners for activities
relating to maritime areas (including the sea
floor) beyond the jurisdiction of the Federal
Government;
(I) <<NOTE: Data. Protocols.>> establish
standardized collection and data management protocols,
including with respect to metadata, for ocean mapping,
exploration, and characterization which--
(i) <<NOTE: Public information.>> are
publicly accessible and locatable via appropriate
Federal repositories;
(ii) can facilitate the integration of ocean
data into products and use innovations from non-
Federal partners; and
(iii) have appropriate safeguards on the
public accessibility of data to protect national
security;
(J) encourage the development, testing,
demonstration, and adoption of innovative ocean mapping,
exploration, and characterization technologies and
applications;
(K) <<NOTE: Protocols. Data.>> promote protocols
for accepting data, equipment, approaches, or other
resources that support national ocean mapping,
exploration, and characterization priorities;
(L) identify best practices for the protection of
marine life during mapping, exploration, and
characterization activities;
(M) identify training, technology, and other
resource requirements for enabling the National Oceanic
and Atmospheric Administration and other appropriate
Federal agencies to support a coordinated national ocean
mapping, exploration, and characterization effort;
(N) <<NOTE: Data.>> identify and facilitate a
centralized mechanism or office for coordinating data
collection, compilation, processing, archiving, and
dissemination activities relating to ocean mapping,
exploration, and characterization that meets Federal
mandates for data accuracy and accessibility;
(O) <<NOTE: Data.>> designate repositories
responsible for archiving and managing ocean mapping,
exploration, and characterization data;
(P) <<NOTE: Timetable. Cost estimates.>> set forth
a timetable and estimated costs for implementation and
completion of the plan;
(Q) to the extent practicable, align ocean
exploration and characterization efforts with existing
programs and identify key gaps; and
[[Page 136 STAT. 3971]]
(R) <<NOTE: Criteria. Determination.>> identify
criteria for determining the optimal frequency of
observations; and
(S) <<NOTE: Recommenda- tions.>> provide
recommendations, developed in coordination with the
private sector, to improve incentives, access, and
processes for the private sector to share ocean-related
data with the public and Federal Government.
(j) <<NOTE: Deadlines.>> Briefings.--Not later than 1 year after
the date of the enactment of this Act, and not less frequently than once
every 2 years thereafter, the Council shall brief the appropriate
committees of Congress on--
(1) progress made toward meeting the national priorities
described in subsection (i)(2)(B); and
(2) <<NOTE: Recommenda- tions.>> recommendations for
meeting such priorities, such as additional authorities that may
be needed to develop a mechanism for non-Federal partnerships
and stakeholder engagement described in subsection (i)(2)(H).
(k) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Commerce, Science, and Transportation
and the Committee on Armed Services of the Senate; and
(2) the Committee on Natural Resources, the Committee on
Science, Space, and Technology, and the Committee on Armed
Services of the House of Representatives.
SEC. 10305. MODIFICATIONS TO THE OCEAN EXPLORATION PROGRAM OF THE
NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION.
(a) Purpose.--Section 12001 of the Omnibus Public Land Management
Act of 2009 (33 U.S.C. 3401) is amended by striking ``and the national
undersea research program''.
(b) Program Established.--Section 12002 of such Act (33 U.S.C. 3402)
is amended--
(1) in the first sentence, by striking ``and undersea''; and
(2) in the second sentence, by striking ``and undersea
research and exploration'' and inserting ``research and ocean
exploration and characterization efforts''.
(c) Powers and Duties of the Administrator.--
(1) In general.--Section 12003(a) of such Act (33 U.S.C.
3403(a)) is amended--
(A) in the matter preceding paragraph (1), by
inserting ``, in consultation with the Ocean Policy
Committee established under section 8932 of title 10,
United States Code,'' after ``Administration'';
(B) in paragraph (1)--
(i) by striking ``voyages'' and inserting
``expeditions'';
(ii) by striking ``Federal agencies'' and all
that follows through ``and survey'' and inserting
``Federal and State agencies, Tribal Governments,
private industry, academia (including secondary
schools, community colleges, and universities),
and nongovernmental organizations, to map,
explore, and characterize''; and
(iii) by inserting ``characterize,'' after
``observe,'';
(C) in paragraph (2), by inserting ``of the
exclusive economic zone'' after ``deep ocean regions'';
[[Page 136 STAT. 3972]]
(D) in paragraph (3), by striking ``voyages'' and
inserting ``expeditions'';
(E) in paragraph (4), by striking ``, in
consultation with the National Science Foundation,'';
(F) by amending paragraph (5) to read as follows:
``(5) support technological innovation of the United States
marine science community by promoting the development and use of
new and emerging technologies for research, communication,
navigation, and data collection, such as sensors and autonomous
vehicles;'';
(G) in paragraph (6), by inserting ``, in
consultation with the National Ocean Mapping,
Exploration, and Characterization Council established
under section 5405 of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023,'' after
``forum'';
(H) by adding at the end the following:
``(7) provide guidance, in consultation with the National
Ocean Mapping, Exploration, and Characterization Council, to
Federal and State agencies, Tribal Governments, private
industry, academia (including secondary schools, community
colleges, and universities), and nongovernmental organizations
on data standards, protocols for accepting data, and
coordination of data collection, compilation, processing,
archiving, and dissemination for data relating to ocean
exploration and characterization; and
``(8) coordinate with applicable ocean mapping, ocean
monitoring, and ocean observation programs to maximize
coordination and collaboration opportunities, prevent
duplication of such activities and identify gaps in data.''.
(2) Donations.--Section 12003(b) of such Act (33 U.S.C.
3403(b)) is amended to read as follows:
``(b) Donations.--For the purpose of mapping, exploring, and
characterizing the oceans or increasing the knowledge of the oceans, the
Administrator may--
``(1) accept monetary donations, which shall be credited as
discretionary offsetting collections to the currently applicable
appropriation, account, or fund of the National Oceanic and
Atmospheric Administration and shall be made available for such
purposes only to the extent and in the amounts provided in
advance in appropriations Acts;
``(2) accept donations of property, data, and equipment; and
``(3) pay all necessary expenses in connection with the
conveyance or transfer of a gift, devise, or bequest.''.
(3) Definition of exclusive economic zone.--Section 12003 of
such Act (33 U.S.C. 3403) is amended by adding at the end the
following:
``(c) Definition of Exclusive Economic Zone.--In this section, the
term `exclusive economic zone' means the zone established by
Presidential Proclamation Number 5030, dated March 10, 1983 (16 U.S.C.
1453 note).''.
(d) Repeal of Ocean Exploration and Undersea Research Technology and
Infrastructure Task Force.--Section 12004 of such Act (33 U.S.C. 3404)
is repealed.
(e) Education, Workforce Training, and Outreach.--
(1) In general.--Such Act is further amended by inserting
after section 12003 the following new section 12004:
[[Page 136 STAT. 3973]]
``SEC. 12004. <<NOTE: 33 USC 3404.>> EDUCATION, WORKFORCE
TRAINING, AND OUTREACH.
``(a) In General.--The Administrator of the National Oceanic and
Atmospheric Administration shall--
``(1) conduct education and outreach efforts in order to
broadly disseminate information to the public on the discoveries
made by the program under section 12002;
``(2) <<NOTE: Coordination.>> to the extent possible,
coordinate the efforts described in paragraph (1) with the
outreach strategies of other domestic or international ocean
mapping, exploration, and characterization initiatives; and
``(3) <<NOTE: Fellowships.>> establish a fellowship program
at the National Oceanic and Atmospheric Administration to
provide year-long fellowships to undergraduate students from
institutions described in section 371(a) of the Higher Education
Act of 1965.
``(b) Education and Outreach Efforts.--Efforts described in
subsection (a)(1) may include--
``(1) education of the general public, teachers, students,
and ocean and coastal resource managers; and
``(2) workforce training, reskilling, and opportunities to
encourage development of ocean-related science, technology,
engineering, and mathematics technical training programs
involving secondary schools, community colleges, and
universities, including institutions described in section 371(a)
of the Higher Education Act of 1965.
``(c) <<NOTE: Deadline.>> Outreach Strategy.--Not later than 180
days after the date of the enactment of the National Ocean Exploration
Act, the Administrator of the National Oceanic and Atmospheric
Administration shall develop an outreach strategy to broadly disseminate
information on the discoveries made by the program under section
12002.''.
(2) Clerical amendment.--The table of contents in section
1(b) of the Omnibus Public Land Management Act of 2009 (Public
Law 111-11; 123 Stat. 991) is amended by striking the item
relating to section 12004 and inserting the following:
``Sec. 12004. Education, workforce training, and outreach.''.
(f) Ocean Exploration Advisory Board.--
(1) Establishment.--Section 12005(a) of such Act (33 U.S.C.
3505(a)) is amended--
(A) by inserting ``, including representatives from
academic, commercial, nonprofit, philanthropic, policy,
and Tribal entities'' after ``relevant fields'';
(B) by amending paragraph (1) to read as follows:
``(1) to advise the Administrator on priority areas for
survey, discovery, and opportunities for extramural
collaboration and partnerships;'';
(C) by redesignating paragraph (4) as paragraph (6);
and
(D) by inserting after paragraph (3) the following:
``(4) to identify market barriers to development or
commercialization of novel ocean mapping, exploration, and
characterization products, processes, and tools;
``(5) to identify best practices to improve data management,
processing, storage, and archiving standards; and''.
(2) Technical amendment.--Section 12005(c) of such Act (33
U.S.C. 3505(c)) is amended by inserting ``this'' before
``part''.
[[Page 136 STAT. 3974]]
(g) <<NOTE: Time period.>> Authorization of Appropriations.--
Section 12006 of such Act (33 U.S.C. 3406) is amended by striking ``this
part'' and all that follows and inserting ``this part $60,000,000 for
each of fiscal years 2023 through 2028''.
(h) Definitions.--Such Act is further amended by inserting after
section 12006 the following:
``SEC. 12007. <<NOTE: 33 USC 3407.>> DEFINITIONS.
``In this part:
``(1) Characterization.--The terms `characterization',
`characterize', and `characterizing' mean activities that
provide comprehensive data and interpretations for a specific
area of interest of the sea floor, sub-bottom, water column, or
hydrologic features, such as water masses and currents, in
direct support of specific research, environmental protection,
resource management, policymaking, or applied mission
objectives.
``(2) Exploration.--The term `exploration', `explore', and
`exploring' means activities that provide--
``(A) a multidisciplinary view of an unknown or
poorly understood area of the sea floor, sub-bottom, or
water column; and
``(B) an initial assessment of the physical,
chemical, geological, biological, archaeological, or
other characteristics of such an area.
``(3) Mapping.--The terms `map' and `mapping' mean
activities that provide comprehensive data and information
needed to understand sea floor characteristics, including depth,
topography, bottom type, sediment composition and distribution,
underlying geologic structure, and benthic flora and fauna.''.
(i) Clerical Amendment.--The table of contents in section 1(b) of
the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123
Stat. 991) is amended by inserting after the item relating to section
12006 the following:
``Sec. 12007. Definitions.''.
SEC. 10306. REPEAL.
(a) In General.--The NOAA Undersea Research Program Act of 2009
(part II of subtitle A of title XII of Public Law 111-11; 33 U.S.C. 3421
et seq.) <<NOTE: 33 USC 3401 note, 3421-3426.>> is repealed.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123
Stat. 991) is amended by striking the items relating to part II of
subtitle A of title XII of such Act.
SEC. 10307. MODIFICATIONS TO OCEAN AND COASTAL MAPPING PROGRAM OF
THE NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION.
(a) Establishment of Program.--
(1) In general.--Section 12202(a) of the Ocean and Coastal
Mapping Integration Act (33 U.S.C. 3501(a)) is amended--
(A) by striking ``establish a program to develop a
coordinated and'' and inserting ``establish and maintain
a program to coordinate'';
(B) by striking ``plan'' and inserting ``efforts'';
and
(C) by striking ``that enhances'' and all that
follows and inserting ``that--
[[Page 136 STAT. 3975]]
``(1) enhances ecosystem approaches in decisionmaking for
natural resource and habitat management restoration and
conservation, emergency response, and coastal resilience and
adaptation;
``(2) establishes research and mapping priorities;
``(3) supports the siting of research and other platforms;
and
``(4) advances ocean and coastal science.''.
(2) Membership.--Section 12202 of such Act (33 U.S.C. 3501)
is amended by striking subsection (b) and redesignating
subsection (c) as subsection (b).
(3) Program parameters.--Subsection (b) of section 12202 of
such Act (33 U.S.C. 3501), as redesignated by paragraph (2), is
amended--
(A) in the matter preceding paragraph (1), by
striking ``developing'' and inserting ``maintaining'';
(B) in paragraph (2), by inserting ``and for
leveraging existing Federal geospatial services
capacities and contract vehicles for efficiencies''
after ``coastal mapping'';
(C) in paragraph (7), by striking ``with coastal
state and local government programs'' and inserting
``with mapping programs, in conjunction with Federal and
State agencies, Tribal governments, private industry,
academia, and nongovernmental organizations'';
(D) in paragraph (8), by striking ``of real-time
tide data and the development'' and inserting ``of tide
data and water-level data and the development and
dissemination'';
(E) in paragraph (9), by striking ``; and'' and
inserting a semicolon;
(F) in paragraph (10), by striking the period at the
end and inserting ``; and''; and
(G) by adding at the end the following:
``(11) support--
``(A) the Ocean Science and Technology Subcommittee
of the Ocean Policy Committee established under section
8932(c) of title 10, United States Code; and
``(B) the National Ocean Mapping, Exploration, and
Characterization Council established under section 5405
of the National Ocean Exploration Act.''.
(b) Interagency Working Group on Ocean and Coastal Mapping.--
(1) Name change.--The Ocean and Coastal Mapping Integration
Act (33 U.S.C. 3501 et seq.) is amended--
(A) in section 12202 (33 U.S.C. 3501)--
(i) in subsection (a), by striking
``Interagency Committee on Ocean and Coastal
Mapping'' and inserting ``Interagency Working
Group on Ocean and Coastal Mapping under section
12203''; and
(ii) in subsection (b), as redesignated by
subsection (a)(2), by striking ``Committee'' and
inserting ``Working Group'';
(B) in section 12203 (33 U.S.C. 3502)--
(i) in the section heading, by striking
``committee'' and inserting ``working group'';
(ii) in subsection (b), in the first sentence,
by striking ``committee'' and inserting ``Working
Group'';
[[Page 136 STAT. 3976]]
(iii) in subsection (e), by striking
``committee'' and inserting ``Working Group''; and
(iv) in subsection (f), by striking
``committee'' and inserting ``Working Group''; and
(C) in section 12208 (33 U.S.C. 3507), by amending
paragraph (3) to read as follows:
``(3) <<NOTE: Definition.>> Working group.--The term
`Working Group' means the Interagency Working Group on Ocean and
Coastal Mapping under section 12203.''.
(2) <<NOTE: Deadline.>> In general.--Section 12203(a) of
such Act (33 U.S.C. 3502(a)) is amended by striking ``within 30
days'' and all that follows and inserting ``not later than 30
days after the date of the enactment of the National Ocean
Exploration Act, shall use the Interagency Working Group on
Ocean and Coastal Mapping in existence as of the date of the
enactment of such Act to implement section 12202.''.
(3) Membership.--Section 12203(b) of such Act (33 U.S.C.
3502(b)) is amended--
(A) by striking ``senior'' both places it appears
and inserting ``senior-level'';
(B) by striking the second sentence;
(C) by striking ``the Minerals Management Service''
and inserting ``the Bureau of Ocean Energy Management of
the Department of the Interior, the Office of the
Assistant Secretary, Fish and Wildlife and Parks of the
Department of the Interior''; and
(D) by striking ``the Chief of Naval Operations''
and inserting ``the Department of the Navy''.
(4) Co-chairs.--Section 12203(c) of such Act (33 U.S.C.
3502(c)) is amended to read as follows:
``(c) Co-Chairs.--The Working Group shall be co-chaired by one
representative from each of the following:
``(1) The National Oceanic and Atmospheric Administration.
``(2) The Department of the Interior.''.
(5) Subordinate groups.--Section 12203(d) of such Act (33
U.S.C. 3502(d)) is amended to read as follows:
``(d) Subordinate Groups.--The co-chairs may establish such
permanent or temporary subordinate groups as determined appropriate by
the Working Group.''.
(6) Meetings.--Section 12203(e) of such Act (33 U.S.C.
3502(e)) is amended by striking ``each subcommittee and each
working group'' and inserting ``each subordinate group''.
(7) Coordination.--Section 12203(f) of such Act (33 U.S.C.
3502(f)) is amended by striking paragraphs (1) through (5) and
inserting the following:
``(1) other Federal efforts;
``(2) international mapping activities;
``(3) coastal States;
``(4) coastal Indian Tribes;
``(5) data acquisition and user groups through workshops,
partnerships, and other appropriate mechanisms; and
``(6) representatives of nongovernmental entities.''.
(8) Advisory panel.--Section 12203 of such Act (33 U.S.C.
3502) is amended by striking subsection (g).
(9) Functions.--Section 12203 of such Act (33 U.S.C. 3502),
as amended by paragraph (8), is further amended by adding at the
end the following:
[[Page 136 STAT. 3977]]
``(g) Support Functions.--The Working Group shall support the
National Ocean Mapping, Exploration, and Characterization Council
established under section 5405 of the National Ocean Exploration Act and
the Ocean Science and Technology Subcommittee of the Ocean Policy
Committee established under section 8932(c) of title 10, United States
Code, on ocean mapping activities and associated technology development
across the Federal Government, State governments, coastal Indian Tribes,
private industry, nongovernmental organizations, and academia.''.
(10) Clerical amendment.--The table of contents in section
1(b) of the Omnibus Public Land Management Act of 2009 (Public
Law 111-11; 123 Stat. 991) is amended by striking the item
relating to section 12203 and inserting the following:
``Sec. 12203. Interagency working group on ocean and coastal mapping.''.
(c) Biennial Reports.--Section 12204 of the Ocean and Coastal
Mapping Integration Act (33 U.S.C. 3503) is amended--
(1) in the matter preceding paragraph (1), by striking ``No
later'' and all that follows through ``House of
Representatives'' and inserting ``Not later than 18 months after
the date of the enactment of the National Ocean Exploration Act,
and biennially thereafter until 2040, the co-chairs of the
Working Group, in coordination with the National Ocean Mapping,
Exploration, and Characterization Council established under
section 5405 of such Act, shall submit to the Committee on
Commerce, Science, and Transportation and the Committee on
Energy and Natural Resources of the Senate, and the Committee on
Natural Resources and the Committee on Science, Space, and
Technology of the House of Representatives,'';
(2) in paragraph (1), by inserting ``, including the data
maintained by the National Centers for Environmental Information
of the National Oceanic and Atmospheric Administration,'' after
``mapping data'';
(3) in paragraph (3), by inserting ``, including a plan to
map the coasts of the United States on a requirements-based
cycle, with mapping agencies and partners coordinating on a
unified approach that factors in recent related studies, meets
multiple user requirements, and identifies gaps'' after
``accomplished'';
(4) by striking paragraph (10) and redesignating paragraphs
(11), (12), and (13) as paragraphs (10), (11), and (12),
respectively;
(5) in paragraph (10), as so redesignated, by striking
``with coastal State and local government programs'' and
inserting ``with international, coastal State, and local
government and nongovernmental mapping programs'';
(6) in paragraph (11), as redesignated by paragraph (4)--
(A) by striking ``increase'' and inserting
``streamline and expand'';
(B) by inserting ``for the purpose of fulfilling
Federal mapping and charting responsibilities, plans,
and strategies'' after ``entities''; and
(C) by striking ``; and'' and inserting a semicolon;
(7) in paragraph (12), as redesignated by paragraph (4), by
striking the period at the end and inserting a semicolon; and
(8) by adding at the end the following:
[[Page 136 STAT. 3978]]
``(13) a progress report on the development of new and
innovative technologies and applications through research and
development, including cooperative or other agreements with
joint or cooperative research institutes and centers and other
nongovernmental entities;
``(14) a description of best practices in data processing
and distribution and leveraging opportunities among agencies
represented on the Working Group and with coastal States,
coastal Indian Tribes, and nongovernmental entities;
``(15) an identification of any training, technology, or
other requirements for enabling Federal mapping programs,
vessels, and aircraft to support a coordinated ocean and coastal
mapping program; and
``(16) a timetable for implementation and completion of the
plan described in paragraph (3), including recommendations for
integrating new approaches into the program.''.
(d) NOAA Joint Ocean and Coastal Mapping Centers.--
(1) Centers.--Section 12205(c) of such Act (33 U.S.C.
3504(c)) is amended--
(A) in the matter preceding paragraph (1), by
striking ``3'' and inserting ``three''; and
(B) in paragraph (4), by inserting ``and uncrewed''
after ``sensing''.
(2) Plan.--Section 12205 of such Act (33 U.S.C. 3504) is
amended--
(A) in the section heading, by striking ``plan'' and
inserting ``noaa joint ocean and coastal mapping
centers'';
(B) by striking subsections (a), (b), and (d); and
(C) in subsection (c), by striking ``(c) NOAA Joint
Ocean and Coastal Mapping Centers.--''.
(3) Clerical amendment.--The table of contents in section
1(b) of the Omnibus Public Land Management Act of 2009 (Public
Law 111-11; 123 Stat. 991) is amended by striking the item
relating to section 12205 and inserting the following:
``Sec. 12205. NOAA joint ocean and coastal mapping centers.''.
(e) Ocean and Coastal Mapping Federal Funding Opportunity.--The
Ocean and Coastal Mapping Integration Act (33 U.S.C. 3501 et seq.) is
amended--
(1) by redesignating sections 12206, 12207, and
12208 <<NOTE: 33 USC 3505-3507.>> as sections 12208, 12209, and
12210, respectively; and
(2) by inserting after section 12205 the following:
``SEC. 12206. <<NOTE: 33 USC 3504a.>> OCEAN AND COASTAL MAPPING
FEDERAL FUNDING OPPORTUNITY.
``(a) In General.--Not later than one year after the date of the
enactment of the National Ocean Exploration Act, the Administrator shall
develop an integrated ocean and coastal mapping Federal funding match
opportunity, to be known as the `Brennan Ocean Mapping Fund' in memory
of Rear Admiral Richard T. Brennan, within the National Oceanic and
Atmospheric Administration with Federal, State, Tribal, local,
nonprofit, private industry, or academic partners in order to increase
the coordinated acquisition, processing, stewardship, and archival of
new ocean and coastal mapping data in United States waters.
``(b) Rules.--The Administrator shall develop administrative and
procedural rules for the ocean and coastal mapping Federal
[[Page 136 STAT. 3979]]
funding match opportunity developed under subsection (a), to include--
``(1) <<NOTE: Criteria.>> specific and detailed criteria
that must be addressed by an applicant, such as geographic
overlap with preestablished priorities, number and type of
project partners, benefit to the applicant, coordination with
other funding opportunities, and benefit to the public;
``(2) <<NOTE: Determination.>> determination of the
appropriate funding match amounts and mechanisms to use, such as
grants, agreements, or contracts; and
``(3) <<NOTE: Criteria.>> other funding award criteria as
are necessary or appropriate to ensure that evaluations of
proposals and decisions to award funding under this section are
based on objective standards applied fairly and equitably to
those proposals.
``(c) Geospatial Services and Contract Vehicles.--The ocean and
coastal mapping Federal funding match opportunity developed under
subsection (a) shall leverage Federal expertise and capacities for
geospatial services and Federal geospatial contract vehicles using the
private sector for acquisition efficiencies.
``SEC. 12207. <<NOTE: 33 USC 3504b.>> AGREEMENTS AND FINANCIAL
ASSISTANCE.
``(a) Agreements.--Subject to the availability of appropriations for
such purpose, the head of a Federal agency that is represented on the
Interagency Committee on Ocean and Coastal Mapping may enter into
agreements with any other agency that is so represented to provide, on a
reimbursable or nonreimbursable basis, facilities, equipment, services,
personnel, and other support services to carry out the purposes of this
subtitle.
``(b) Financial Assistance.--The Administrator may make financial
assistance awards (grants of cooperative agreements) to any State or
subdivision thereof or any public or private organization or individual
to carry out the purposes of this subtitle.''.
(f) <<NOTE: Time period.>> Authorization of Appropriations.--
Section 12209 of such Act, as redesignated by subsection (e)(1), is
amended--
(1) in subsection (a), by striking ``this subtitle'' and all
that follows and inserting ``this subtitle $45,000,000 for each
of fiscal years 2023 through 2028.'';
(2) in subsection (b), by striking ``this subtitle'' and all
that follows and inserting ``this subtitle $15,000,000 for each
of fiscal years 2023 through 2028.'';
(3) by striking subsection (c); and
(4) by inserting after subsection (b) the following:
``(c) Ocean and Coastal Mapping Federal Funding Opportunity.--Of
amounts authorized pursuant to subsection (a), $20,000,000 is authorized
to carry out section 12206.''.
(g) Definitions.--
(1) Ocean and coastal mapping.--Paragraph (5) of section
12210 of such Act, as redesignated by subsection (e)(1), is
amended by striking ``processing, and management'' and inserting
``processing, management, maintenance, interpretation,
certification, and dissemination''.
(2) Coastal indian tribe.--Section 12210 of such Act, as
redesignated by subsection (e)(1), is amended by adding at the
end the following:
``(9) Coastal indian tribe.--The term `coastal Indian Tribe'
means an `Indian Tribe', as defined in section 4 of the
[[Page 136 STAT. 3980]]
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304), the land of which is located in a coastal
State.''.
(h) Clerical Amendments.--The table of contents in section 1(b) of
the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123
Stat. 991) is amended by striking the items relating to sections 12206
through 12208 and inserting the following:
``Sec. 12206. Ocean and coastal mapping Federal funding opportunity.
``Sec. 12207. Cooperative agreements, contracts, and grants.
``Sec. 12208. Effect on other laws.
``Sec. 12209. Authorization of appropriations.
``Sec. 12210. Definitions.''.
SEC. 10308. MODIFICATIONS TO HYDROGRAPHIC SERVICES IMPROVEMENT ACT
OF 1998.
(a) Definitions.--Section 302(4)(A) of the Hydrographic Services
Improvement Act of 1998 (33 U.S.C. 892(4)(A)) is amended by inserting
``hydrodynamic forecast and datum transformation models,'' after
``nautical information databases,''.
(b) Functions of the Administrator.--Section 303(b) of such Act (33
U.S.C. 892a(b)) is amended--
(1) in the matter preceding paragraph (1), by inserting
``precision navigation,'' after ``promote''; and
(2) in paragraph (2)--
(A) by inserting ``and hydrodynamic forecast
models'' after ``monitoring systems'';
(B) by inserting ``and provide foundational
information and services required to support coastal
resilience planning for coastal transportation and other
infrastructure, coastal protection and restoration
projects, and related activities'' after ``efficiency'';
and
(C) by striking ``; and'' and inserting a semicolon.
(c) Quality Assurance Program.--Section 304(a) of such Act (33
U.S.C. 892b(a)) is amended by striking ``product produced'' and
inserting ``product or service produced or disseminated''.
(d) <<NOTE: Time periods.>> Authorization of Appropriations.--
Section 306(a) of such Act (33 U.S.C. 892d(a)) is amended--
(1) in paragraph (1), by striking ``$70,814,000 for each of
fiscal years 2019 through 2023'' and inserting ``$71,000,000 for
each of fiscal years 2023 through 2028'';
(2) in paragraph (2), by striking ``$25,000,000 for each of
fiscal years 2019 through 2023'' and inserting ``$34,000,000 for
each of fiscal years 2023 through 2028'';
(3) in paragraph (3), by striking ``$29,932,000 for each of
fiscal years 2019 through 2023'' and inserting ``$38,000,000 for
each of fiscal years 2023 through 2028'';
(4) in paragraph (4), by striking ``$26,800,000 for each of
fiscal years 2019 through 2023'' and inserting ``$45,000,000 for
each of fiscal years 2023 through 2028''; and
(5) in paragraph (5), by striking ``$30,564,000 for each of
fiscal years 2019 through 2023'' and inserting ``$35,000,000 for
each of fiscal years 2023 through 2028''.
[[Page 136 STAT. 3981]]
TITLE CIV--MARINE MAMMAL RESEARCH AND RESPONSE
SEC. 10401. DATA COLLECTION AND DISSEMINATION.
Section 402 of the Marine Mammal Protection Act of 1972 (16 U.S.C.
1421a) is amended--
(1) in subsection (b)--
(A) in paragraph (1)(A), by inserting ``or
entangled'' after ``stranded'';
(B) in paragraph (3)--
(i) by striking ``strandings,'' and inserting
``strandings and entanglements, including unusual
mortality events,'';
(ii) by inserting ``stranding'' before
``region''; and
(iii) by striking ``marine mammals; and'' and
inserting ``marine mammals and entangled marine
mammals to allow comparison of the causes of
illness and deaths in stranded marine mammals and
entangled marine mammals with physical, chemical,
and biological environmental parameters; and'';
and
(C) in paragraph (4), by striking ``analyses, that
would allow comparison of the causes of illness and
deaths in stranded marine mammals with physical,
chemical, and biological environmental parameters.'' and
inserting ``analyses.''; and
(2) by striking subsection (c) and inserting the following:
``(c) Information Required To Be Submitted and Collected.--
``(1) In general.--After each response to a stranding or
entanglement event, the Secretary shall collect (including from
any staff of the National Oceanic and Atmospheric Administration
that respond directly to such an event), and shall require each
stranding network participant who responds to that stranding or
entanglement to submit to the Administrator of the National
Oceanic and Atmospheric Administration or the Director of the
United States Fish and Wildlife Service--
``(A) data on the stranding event, including NOAA
Form 89-864 (OMB #0648-0178), NOAA Form 89-878 (OMB
#0648-0178), similar successor forms, or similar
information in an appropriate format required by the
United States Fish and Wildlife Service for species
under its management authority;
``(B) supplemental data to the data described in
subparagraph (A), which may include, as available,
relevant information about--
``(i) weather and tide conditions;
``(ii) offshore human, predator, or prey
activity;
``(iii) morphometrics;
``(iv) behavior;
``(v) health assessments;
``(vi) life history samples; or
``(vii) stomach and intestinal contents; and
``(C) data and results from laboratory analysis of
tissues, which may include, as appropriate and
available--
``(i) histopathology;
``(ii) toxicology;
[[Page 136 STAT. 3982]]
``(iii) microbiology;
``(iv) virology; or
``(v) parasitology.
``(2) <<NOTE: Deadlines.>> Timeline.--A stranding network
participant shall submit--
``(A) the data described in paragraph (1)(A) not
later than 30 days after the date of a response to a
stranding or entanglement event;
``(B) the compiled data described in paragraph
(1)(B) not later than 30 days after the date on which
the data is available to the stranding network
participant; and
``(C) the compiled data described in paragraph
(1)(C) not later than 30 days after the date on which
the laboratory analysis has been reported to the
stranding network participant.
``(3) Online data input system.--The Secretary, acting
through the Under Secretary of Commerce for Oceans and
Atmosphere, in consultation with the stranding network and the
Office of Evaluation Sciences of the General Services
Administration, shall establish an online system for the
purposes of efficient and timely submission of data described in
paragraph (1).
``(d) Availability of Data.--
``(1) In general.--The Secretary shall develop a program to
make information, including any data and metadata collected
under paragraph (3) or (4) of subsection (b) or subsection (c),
available to researchers, stranding network participants, and
the public--
``(A) to improve real-time coordination of response
to stranding and entanglement events across geographic
areas and between stranding coordinators;
``(B) to identify and quickly disseminate
information on potential public health risks;
``(C) to facilitate integrated interdisciplinary
research;
``(D) to facilitate peer-reviewed publications;
``(E) to archive regional data into 1 national
database for future analyses; and
``(F) for education and outreach activities.
``(2) Access to data.--The Secretary shall ensure that any
data or metadata collected under subsection (c)--
``(A) <<NOTE: Deadline.>> by staff of the National
Oceanic and Atmospheric Administration or the United
States Fish and Wildlife Service that responded directly
to a stranding or entanglement event is available to the
public through the Health MAP and the Observation System
not later than 30 days after that data or metadata is
collected by, available to, or reported to the
Secretary; and
``(B) <<NOTE: Time period.>> by a stranding network
participant that responded directly to a stranding or
entanglement event is made available to the public
through the Health MAP and the Observation System 2
years after the date on which that data are submitted to
the Secretary under subsection (c).
``(3) Exceptions.--
``(A) <<NOTE: Public information. Time period.>>
Written release.--Notwithstanding paragraph (2)(B), the
Secretary may make data described in paragraph (2)(B)
publicly available earlier than 2 years after the date
on which that data are submitted to the Secretary under
[[Page 136 STAT. 3983]]
subsection (c), if the stranding network participant has
completed a written release stating that such data may
be made publicly available.
``(B) Law enforcement.--Notwithstanding paragraph
(2), the Secretary may withhold data for a longer period
than the period of time described in paragraph (2) in
the event of a law enforcement action or legal action
that may be related to that data.
``(e) Standards.--The Secretary, in consultation with the marine
mammal stranding community, shall--
``(1) <<NOTE: Public information. Guidance.>> make publicly
available guidance about uniform data and metadata standards to
ensure that data collected in accordance with this section can
be archived in a form that is readily accessible and
understandable to the public through the Health MAP and the
Observation System; and
``(2) <<NOTE: Update.>> periodically update such guidance.
``(f) <<NOTE: Update.>> Management Policy.--In collaboration with
the regional stranding networks, the Secretary shall develop, and
periodically update, a data management and public outreach collaboration
policy for stranding or entanglement events.
``(g) <<NOTE: Contracts.>> Authorship Agreements and Acknowledgment
Policy.-- <<NOTE: Determination.>> The Secretary, acting through the
Under Secretary of Commerce for Oceans and Atmosphere, shall include
authorship agreements or other acknowledgment considerations for use of
data by the public, as determined by the Secretary.
``(h) Savings Clause.--The Secretary shall not require submission of
research data that are not described in subsection (c).''.
SEC. 10402. <<NOTE: Contracts.>> STRANDING OR ENTANGLEMENT
RESPONSE AGREEMENTS.
(a) In General.--Section 403 of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1421b) is amended--
(1) in the section heading by inserting ``or entanglement''
before ``response'';
(2) in subsection (a), by striking the period at the end and
inserting ``or entanglement.''; and
(3) in subsection (b)--
(A) in paragraph (1), by striking ``and'' after the
semicolon;
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(3) include a description of the data management and
public outreach policy established under section 402(f).''.
(b) Table of Contents Amendment.--The table of contents in the first
section of the Marine Mammal Protection Act of 1972 (Public Law 92-522;
86 Stat. 1027) is amended by striking the item related to section 403
and inserting the following:
``Sec. 403. Stranding or entanglement response agreements.''.
SEC. 10403. UNUSUAL MORTALITY EVENT ACTIVITY FUNDING.
Section 405(b) the Marine Mammal Protection Act of 1972 (16 U.S.C.
1421d(b)) is amended to read as follows:
``(b) Uses.--Amounts in the Fund shall be available only for use by
the Secretary, in consultation with the Secretary of the Interior, and
dispersed among claimants based on budgets approved by the Secretary
prior to expenditure--
[[Page 136 STAT. 3984]]
``(1) to make advance, partial, or progress payments under
contracts or other funding mechanisms for property, supplies,
salaries, services, and travel costs incurred in acting in
accordance with the contingency plan issued under section 404(b)
or under the direction of an Onsite Coordinator for an unusual
mortality event designated under section 404(a)(2)(B)(iii);
``(2) <<NOTE: Reimbursement.>> for reimbursing any
stranding network participant for costs incurred in the
collection, preparation, analysis, and transportation of marine
mammal tissues and samples collected with respect to an unusual
mortality event for the Tissue Bank; and
``(3) for the care and maintenance of a marine mammal seized
under section 104(c)(2)(D); and''.
SEC. 10404. LIABILITY.
Section 406(a) of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1421e(a)) is amended, in the matter preceding paragraph (1)--
(1) by inserting ``or entanglement'' after ``to a
stranding''; and
(2) by striking ``government'' and inserting ``Government''.
SEC. 10405. NATIONAL MARINE MAMMAL TISSUE BANK AND TISSUE
ANALYSIS.
Section 407 of the Marine Mammal Protection Act of 1972 (16 U.S.C.
1421f) is amended--
(1) in subsection (c)(2)(A), by striking ``the health of
marine mammals and'' and inserting ``marine mammal health and
mortality and the health of''; and
(2) in subsection (d), in the matter preceding paragraph
(1), by inserting ``public'' before ``access''.
SEC. 10406. MARINE MAMMAL RESCUE AND RESPONSE GRANT PROGRAM AND
RAPID RESPONSE FUND.
(a) In General.--Section 408 of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1421f-1) is amended--
(1) by striking the section heading and inserting ``marine
mammal rescue and response grant program and rapid response
fund'';
(2) by striking subsections (a) through (d) and subsections
(f) through (h);
(3) by redesignating subsection (e) as subsection (f); and
(4) by inserting before subsection (f), as redesignated by
paragraph (3), the following:
``(a) Definitions.--In this section:
``(1) Emergency assistance.--
``(A) In general.--The term `emergency assistance'
means--
``(i) financial assistance provided to respond
to, or that results from, a stranding event or
entanglement event that--
``(I) causes an immediate increase
in the cost of a response, recovery, or
rehabilitation that is greater than the
usual cost of a response, recovery, or
rehabilitation;
``(II) is cyclical or endemic; or
[[Page 136 STAT. 3985]]
``(III) involves a marine mammal
that is out of the normal range for that
marine mammal; or
``(ii) financial assistance provided to
respond to, or that results from, a stranding
event or an entanglement event that--
``(I) the applicable Secretary
considers to be an emergency; or
``(II) with the concurrence of the
applicable Secretary, a State,
territorial, or Tribal Government
considers to be an emergency.
``(B) Exclusions.--The term `emergency assistance'
does not include financial assistance to respond to an
unusual mortality event.
``(2) Secretary.--The term `Secretary' has the meaning given
that term in section 3(12)(A).
``(3) Stranding region.--The term `stranding region' means a
geographic region designated by the applicable Secretary for
purposes of administration of this title.
``(b) John H. Prescott Marine Mammal Rescue and Response Grant
Program.--
``(1) In general.--The applicable Secretary shall carry out
a grant program, to be known as the `John H. Prescott Marine
Mammal Rescue and Response Grant Program' (referred to in this
section as the `grant program'), to award grants to eligible
stranding network participants or stranding network
collaborators, as described in this subsection.
``(2) Purposes.--The purposes of the grant program are to
provide for--
``(A) the recovery, care, or treatment of sick,
injured, or entangled marine mammals;
``(B) responses to marine mammal stranding events
that require emergency assistance;
``(C) the collection of data and samples from living
or dead stranded marine mammals for scientific research
or assessments regarding marine mammal health;
``(D) facility operating costs that are directly
related to activities described in subparagraph (A),
(B), or (C); and
``(E) development of stranding network capacity,
including training for emergency response, where
facilities do not exist or are sparse.
``(3) Contract, grant, and cooperative agreement
authority.--
``(A) In general.--The applicable Secretary may
enter into a contract, grant, or cooperative agreement
with any eligible stranding network participant or
stranding network collaborator, as the Secretary
determines to be appropriate, for the purposes described
in paragraph (2).
``(B) Emergency award flexibility.--Following a
request for emergency award flexibility and analysis of
the merits of and necessity for such a request, the
applicable Secretary may--
``(i) amend any contract, grant, or
cooperative agreement entered into under this
paragraph, including provisions concerning the
period of performance; or
[[Page 136 STAT. 3986]]
``(ii) <<NOTE: Waiver.>> waive the
requirements under subsection (f) for grant
applications submitted during the provision of
emergency assistance.
``(4) Equitable distribution of funds.--
``(A) In general.--The Secretary shall ensure, to
the extent practicable, that funds awarded under the
grant program are distributed equitably among the
stranding regions.
``(B) Considerations.--In determining priorities
among the stranding regions under this paragraph, the
Secretary may consider--
``(i) equitable distribution within the
stranding regions, including the subregions
(including, but not limited to, the Gulf of
Mexico);
``(ii) any episodic stranding, entanglement,
or mortality events, except for unusual mortality
events, that occurred in any stranding region in
the preceding year;
``(iii) any data with respect to average
annual stranding, entanglements, and mortality
events per stranding region;
``(iv) the size of the marine mammal
populations inhabiting a stranding region;
``(v) the importance of the region's marine
mammal populations to the well-being of indigenous
communities; and
``(vi) the conservation of protected,
depleted, threatened, or endangered marine mammal
species.
``(C) Strandings.--For the purposes of this program,
priority is to be given to applications focusing on
marine mammal strandings.
``(5) Application.--To be eligible for a grant under the
grant program, a stranding network participant shall--
``(A) submit an application in such form and manner
as the applicable Secretary prescribes; and
``(B) <<NOTE: Compliance.>> be in compliance with
the data reporting requirements under section 402(d) and
any applicable reporting requirements of the United
States Fish and Wildlife Service for species under its
management jurisdiction.
``(6) Grant criteria.--The Secretary shall, in consultation
with the Marine Mammal Commission, a representative from each of
the stranding regions, and other individuals who represent
public and private organizations that are actively involved in
rescue, rehabilitation, release, scientific research, marine
conservation, and forensic science with respect to stranded
marine mammals under that Department's jurisdiction, develop
criteria for awarding grants under their respective grant
programs.
``(7) <<NOTE: Time period.>> Maximum grant amount.--No
grant made under the grant program for a single award may exceed
$150,000 in any 12-month period.
``(8) Administrative costs and expenses.--The Secretary's
administrative costs and expenses related to reviewing and
awarding grants under the grant program, in any fiscal year may
not exceed the greater of--
``(A) 6 percent of the amounts made available each
fiscal year to carry out the grant program; or
``(B) $80,000.
[[Page 136 STAT. 3987]]
``(9) <<NOTE: Public information. List.>> Transparency.--
The Secretary shall make publicly available a list of grant
proposals for the upcoming fiscal year, funded grants, and
requests for grant flexibility under this subsection.
``(c) Joseph R. Geraci Marine Mammal Rescue and Rapid Response
Fund.--
``(1) In general.--There is established in the Treasury of
the United States an interest-bearing fund, to be known as the
`Joseph R. Geraci Marine Mammal Rescue and Rapid Response Fund'
(referred to in this section as the `Rapid Response Fund').
``(2) Use of funds.--Amounts in the Rapid Response Fund
shall be available only for use by the Secretary to provide
emergency assistance.
``(d) <<NOTE: Time period.>> Authorization of Appropriations.--
``(1) In general.--
``(A) Authorization of appropriations.--There is
authorized to be appropriated to carry out the grant
program $7,000,000 for each of fiscal years 2023 through
2028, to remain available until expended, of which for
each fiscal year--
``(i) $6,000,000 shall be made available to
the Secretary of Commerce; and
``(ii) $1,000,000 shall be made available to
the Secretary of the Interior.
``(B) Derivation of funds.--Funds to carry out the
activities under this section shall be derived from
amounts authorized to be appropriated pursuant to
subparagraph (A) that are enacted after the date of
enactment of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023.
``(2) Joseph r. geraci marine mammal rescue and rapid
response fund.--There is authorized to be appropriated to the
Rapid Response Fund $500,000 for each of fiscal years 2023
through 2028.
``(e) Acceptance of Donations.--
``(1) In general.--For the purposes of carrying out this
section, the Secretary may solicit, accept, receive, hold,
administer, and use gifts, devises, and bequests without any
further approval or administrative action.
``(2) Monetary donations.--A monetary gift, devise, or
bequest accepted by the Secretary under paragraph (1) shall be
credited as discretionary offsetting collections to the
currently applicable appropriation, account, or fund of the
Department of Commerce and shall be made available for such
purposes only to the extent and in the amounts provided in
advance in appropriations Acts.''.
(b) Technical Edits.--Section 408 of the Marine Mammal Protection
Act of 1972 (16 U.S.C. 1421f-1), as amended by subsection (a), is
further amended in subsection (f), as redesignated by subsection
(a)(3)--
(1) in paragraph (1)--
(A) by striking ``the costs of an activity conducted
with a grant under this section shall be'' and inserting
``a project conducted with funds awarded under the grant
program under this section shall be not less than''; and
[[Page 136 STAT. 3988]]
(B) by striking ``such costs'' and inserting ``such
project''; and
(2) in paragraph (2)--
(A) by striking ``an activity'' and inserting ``a
project''; and
(B) by striking ``the activity'' and inserting ``the
project''.
(c) Table of Contents Amendment.--The table of contents in the first
section of the Marine Mammal Protection Act of 1972 (Public Law 92-522;
86 Stat. 1027) (as amended by section 5503(b)) is amended by striking
the item related to section 408 and inserting the following:
``Sec. 408. Marine Mammal Rescue and Response Grant Program and Rapid
Response Fund.''.
SEC. 10407. HEALTH MAP.
(a) In General.--Title IV of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1421 et seq.) is amended by inserting after section 408
the following:
``SEC. 408A. <<NOTE: 16 USC 1421f-2.>> MARINE MAMMAL HEALTH
MONITORING AND ANALYSIS PLATFORM (HEALTH
MAP).
``(a) <<NOTE: Deadline.>> In General.--Not later than 1 year after
the date of enactment of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023, the Secretary, acting through
the Administrator of the National Oceanic and Atmospheric
Administration, in consultation with the Secretary of the Interior and
the Marine Mammal Commission, shall--
``(1) establish a marine mammal health monitoring and
analysis platform (referred to in this Act as the `Health MAP');
``(2) incorporate the Health MAP into the Observation
System; and
``(3) make the Health MAP--
``(A) <<NOTE: Public information. Web posting.>>
publicly accessible through the web portal of the
Observation System; and
``(B) interoperable with other national data systems
or other data systems for management or research
purposes, as practicable.
``(b) Purposes.--The purposes of the Health MAP are--
``(1) to promote--
``(A) interdisciplinary research among individuals
with knowledge and experience in marine mammal science,
marine mammal veterinary and husbandry practices,
medical science, and oceanography, and with other marine
scientists;
``(B) timely and sustained dissemination and
availability of marine mammal health, stranding,
entanglement, and mortality data;
``(C) identification of spatial and temporal
patterns of marine mammal mortality, disease, and
stranding;
``(D) evaluation of marine mammal health in terms of
mortality, as well as sublethal marine mammal health
impacts;
``(E) improved collaboration and forecasting of
marine mammal and larger ecosystem health events;
``(F) rapid communication and dissemination of
information regarding marine mammal strandings that may
have implications for human health, such as those caused
by harmful algal blooms; and
[[Page 136 STAT. 3989]]
``(G) increased accessibility of data in a user
friendly visual interface for public education and
outreach; and
``(2) to contribute to an ocean health index that
incorporates marine mammal health data.
``(c) Requirements.--The Health MAP shall--
``(1) integrate in situ, remote, and other marine mammal
health, stranding, and mortality data, including visualizations
and metadata, collected by marine mammal stranding networks,
Federal, State, local, and Tribal governments, private partners,
and academia; and
``(2) be designed--
``(A) to enhance data and information availability,
including data sharing among stranding network
participants, scientists, and the public within and
across stranding network regions;
``(B) to facilitate data and information access
across scientific disciplines, scientists, and managers;
``(C) to facilitate public access to national and
regional marine mammal health, stranding, entanglement,
and mortality data, including visualizations and
metadata, through the national and regional data portals
of the Observation System; and
``(D) in collaboration with, and with input from,
States and stranding network participants.
``(d) Procedures and Guidelines.--The Secretary shall establish and
implement policies, protocols, and standards for--
``(1) reporting marine mammal health data collected by
stranding networks consistent with subsections (c) and (d) of
section 402;
``(2) promptly transmitting health data from the stranding
networks and other appropriate data providers to the Health MAP;
``(3) disseminating and making publicly available data on
marine mammal health, stranding, entanglement, and mortality
data in a timely and sustained manner; and
``(4) integrating additional marine mammal health,
stranding, or other relevant data as the Secretary determines
appropriate.
``(e) Consultation.--The Administrator of the National Oceanic and
Atmospheric Administration shall maintain and update the Health MAP in
consultation with the Secretary of the Interior and the Marine Mammal
Commission.
``(f) Acceptance of Donations.--
``(1) In general.--For the purposes of carrying out this
section, the Secretary may solicit, accept, receive, hold,
administer, and use gifts, devises, and bequests without any
further approval or administrative action.
``(2) Monetary donations.--A monetary gift, devise, or
bequest accepted by the Secretary under paragraph (1) shall be
credited as discretionary offsetting collections to the
currently applicable appropriation, account, or fund of the
Department of Commerce and shall be made available for such
purposes only to the extent and in the amounts provided in
advance in appropriations Acts.''.
(b) Table of Contents Amendment.--The table of contents in the first
section of the Marine Mammal Protection Act of 1972 (Public Law 92-522;
86 Stat. 1027) (as amended by section 5507(b))
[[Page 136 STAT. 3990]]
is amended by inserting after the item related to section 408 the
following:
``Sec. 408A. Marine Mammal Health Monitoring and Analysis Platform
(Health MAP).''.
SEC. 10408. REPORTS TO CONGRESS.
(a) In General.--Title IV of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1421 et seq.) (as amended by section 5508(a)) is amended
by inserting after section 408A the following:
``SEC. 408B. <<NOTE: 16 USC 1421f-3.>> REPORTS TO CONGRESS.
``(a) Definition of Appropriate Committees of Congress.--In this
section, the term `appropriate committees of Congress' means--
``(1) the Committee on Commerce, Science, and Transportation
of the Senate;
``(2) the Committee on Environment and Public Works of the
Senate;
``(3) the Committee on Natural Resources of the House of
Representatives; and
``(4) the Committee on Science, Space, and Technology of the
House of Representatives.
``(b) Health MAP Status Report.--
``(1) In general.--Not later than 2 years after the date of
enactment of the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023, the Administrator of the National
Oceanic and Atmospheric Administration, in consultation with the
Marine Mammal Commission, the Secretary of the Interior, and the
National Ocean Research Leadership Council, shall submit to the
appropriate committees of Congress a report describing the
status of the Health MAP.
``(2) Requirements.--The report under paragraph (1) shall
include--
``(A) <<NOTE: Evaluation.>> a detailed evaluation
of the data made publicly available through the Health
MAP;
``(B) <<NOTE: List. Recommenda- tions.>> a detailed
list of any gaps in data collected pursuant to the
Health MAP, a description of the reasons for those gaps,
and recommended actions to close those gaps;
``(C) <<NOTE: Analysis.>> an analysis of the
effectiveness of using the website of the Observation
System as the platform to collect, organize, visualize,
archive, and disseminate marine mammal stranding and
health data;
``(D) <<NOTE: List.>> a list of publications,
presentations, or other relevant work product resulting
from, or produced in collaboration with, the Health MAP;
``(E) a description of emerging marine mammal health
concerns and the applicability of those concerns to
human health;
``(F) <<NOTE: Analysis.>> an analysis of the
feasibility of the Observation System being used as an
alert system during stranding events, entanglement
events, and unusual mortality events for the stranding
network, Observation System partners, Health MAP
partners, Federal and State agencies, and local and
Tribal governments;
``(G) <<NOTE: Evaluation.>> an evaluation of the
use of Health MAP data to predict broader ecosystem
events and changes that may impact marine mammal or
human health and specific
[[Page 136 STAT. 3991]]
examples of proven or potential uses of Observation
System data for those purposes; and
``(H) <<NOTE: Recommenda- tions.>> recommendations
for the Health MAP with respect to--
``(i) filling any identified data gaps;
``(ii) standards that could be used to improve
data quality, accessibility, transmission,
interoperability, and sharing;
``(iii) any other strategies that would
contribute to the effectiveness and usefulness of
the Health MAP; and
``(iv) the funding levels needed to maintain
and improve the Health MAP.
``(c) Data Gap Analysis.--
``(1) In general.--Not later than 5 years after the date on
which the report required under subsection (b)(1) is submitted,
and every 10 years thereafter, the Administrator of the National
Oceanic and Atmospheric Administration, in consultation with the
Marine Mammal Commission and the Director of the United States
Fish and Wildlife Service, shall--
``(A) <<NOTE: Public information.>> make publicly
available a report on the data gap analysis described in
paragraph (2); and
``(B) provide a briefing to the appropriate
committees of Congress concerning that data gap
analysis.
``(2) Requirements.--The data gap analysis under paragraph
(1) shall include--
``(A) <<NOTE: Overview.>> an overview of existing
participants within a marine mammal stranding network;
``(B) an identification of coverage needs and
participant gaps within a network;
``(C) an identification of data and reporting gaps
from members of a network; and
``(D) an analysis of how stranding and health data
are shared and made available to scientists, academics,
State, local, and Tribal governments, and the public.
``(d) Marine Mammal Response Capabilities in the Arctic.--
``(1) In general.--Not later than 1 year after the date of
enactment of the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023, the Administrator of the National
Oceanic and Atmospheric Administration, the Director of the
United States Fish and Wildlife Service, and the Director of the
United States Geologic Survey, in consultation with the Marine
Mammal Commission, shall--
``(A) <<NOTE: Public information.>> make publicly
available a report describing the response capabilities
for sick and injured marine mammals in the Arctic
regions of the United States; and
``(B) provide a briefing to the appropriate
committees of Congress on that report.
``(2) Arctic.--The term `Arctic' has the meaning given the
term in section 112 of the Arctic Research and Policy Act of
1984 (15 U.S.C. 4111).
``(3) Requirements.--The report under paragraph (1) shall
include--
``(A) a description, developed in consultation with
the Fish and Wildlife Service of the Department of the
Interior, of all marine mammal stranding agreements in
place for the Arctic region of the United States,
including species
[[Page 136 STAT. 3992]]
covered, response capabilities, facilities and
equipment, and data collection and analysis
capabilities;
``(B) <<NOTE: List.>> a list of State and local
government agencies that have personnel trained to
respond to marine mammal strandings in the Arctic region
of the United States;
``(C) <<NOTE: Assessment.>> an assessment of
potential response and data collection partners and
sources of local information and knowledge, including
Alaska Native people and villages;
``(D) <<NOTE: Analysis.>> an analysis of spatial
and temporal trends in marine mammal strandings and
unusual mortality events that are correlated with
changing environmental conditions in the Arctic region
of the United States;
``(E) a description of training and other resource
needs to meet emerging response requirements in the
Arctic region of the United States;
``(F) <<NOTE: Analysis.>> an analysis of oiled
marine mammal response and rehabilitation capabilities
in the Arctic region of the United States, including
personnel, equipment, facilities, training, and
husbandry capabilities, and an assessment of factors
that affect response and rehabilitation success rates;
and
``(G) <<NOTE: Recommenda- tions.>> recommendations
to address future stranding response needs for marine
mammals in the Arctic region of the United States.''.
(b) Table of Contents Amendment.--The table of contents in the first
section of the Marine Mammal Protection Act of 1972 (Public Law 92-522;
86 Stat. 1027) (as amended by section 5508(b)) is amended by inserting
after the item related to section 408A the following:
``Sec. 408B. Reports to Congress.''.
SEC. 10409. <<NOTE: Time period.>> AUTHORIZATION OF
APPROPRIATIONS.
Section 409 of the Marine Mammal Protection Act of 1972 (16 U.S.C.
1421g) is amended--
(1) in paragraph (1), by striking ``1993 and 1994;'' and
inserting ``2023 through 2028;'';
(2) in paragraph (2), by striking ``1993 and 1994;'' and
inserting ``2023 through 2028;''; and
(3) in paragraph (3), by striking ``fiscal year 1993.'' and
inserting ``for each of fiscal years 2023 through 2028.''.
SEC. 10410. DEFINITIONS.
Section 410 of the Marine Mammal Protection Act of 1972 (16 U.S.C.
1421h) is amended--
(1) by redesignating paragraphs (1) through (6) as
paragraphs (2), (5), (6), (7), (8), and (9), respectively;
(2) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) The term `entangle' or `entanglement' means an event
in the wild in which a living or dead marine mammal has gear,
rope, line, net, or other material wrapped around or attached to
the marine mammal and is--
``(A) on lands under the jurisdiction of the United
States, including beaches and shorelines; or
``(B) in waters under the jurisdiction of the United
States, including any navigable waters.'';
[[Page 136 STAT. 3993]]
(3) in paragraph (2) (as so redesignated) by striking ``The
term'' and inserting ``Except as used in section 408, the
term'';
(4) by inserting after paragraph (2) (as so redesignated)
the following:
``(3) The term `Health MAP' means the Marine Mammal Health
Monitoring and Analysis Platform established under section
408A(a)(1).
``(4) The term `Observation System' means the National
Integrated Coastal and Ocean Observation System established
under section 12304 of the Integrated Coastal and Ocean
Observation System Act of 2009 (33 U.S.C. 3603).''.
SEC. 10411. STUDY ON MARINE MAMMAL MORTALITY.
(a) In General.-- <<NOTE: Deadline. Evaluation.>> Not later than 12
months after the date of enactment of this Act, the Undersecretary of
Commerce for Oceans and Atmosphere shall, in consultation with the
Secretary of the Interior and the Marine Mammal Commission, conduct a
study evaluating the connections among marine heat waves, frequency and
intensity of harmful algal blooms, prey availability, and habitat
degradation, and the impacts of these conditions on marine mammal
mortality.
(b) <<NOTE: Public information. Web posting.>> Report.--The
Undersecretary of Commerce for Oceans and Atmosphere, in consultation
with the Secretary of the Interior and the Marine Mammal Commission,
shall prepare, post to a publicly available website, and brief the
appropriate committees of Congress on, a report containing the results
of the study described in subsection (a). The report shall identify
priority research activities, opportunities for collaboration, and
current gaps in effort and resource limitations related to advancing
scientific understanding of how ocean heat waves, harmful algae blooms,
availability of prey, and habitat degradation impact marine mammal
mortality. The report <<NOTE: Recommenda- tions.>> shall include
recommendations for policies needed to mitigate and respond to mortality
events.
TITLE CV--VOLCANIC ASH AND FUMES
SEC. 10501. MODIFICATIONS TO NATIONAL VOLCANO EARLY WARNING AND
MONITORING SYSTEM.
(a) Definitions.--Subsection (a) of section 5001 of the John D.
Dingell, Jr. Conservation, Management, and Recreation Act (43 U.S.C.
31k) is amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following:
``(2) Secretary of commerce.--The term `Secretary of
Commerce' means the Secretary of Commerce, acting through the
Under Secretary of Commerce for Oceans and Atmosphere.''; and
(3) by adding at the end the following:
``(4) Volcanic ash advisory center.--The term `Volcanic Ash
Advisory Center' means an entity designated by the International
Civil Aviation Organization that is responsible for informing
aviation interests about the presence of volcanic ash in the
airspace.''.
(b) Purposes.--Subsection (b)(1)(B) of such section is amended--
(1) in clause (i), by striking ``and'' at the end;
[[Page 136 STAT. 3994]]
(2) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(iii) to strengthen the warning and
monitoring systems of volcano observatories in the
United States by integrating relevant capacities
of the National Oceanic and Atmospheric
Administration, including with the Volcanic Ash
Advisory Centers located in Anchorage, Alaska, and
Washington, D.C., to observe and model emissions
of gases, aerosols, and ash, atmospheric dynamics
and chemistry, and ocean chemistry resulting from
volcanic eruptions.''.
(c) System Components.--Subsection (b)(2) of such section is
amended--
(1) in subparagraph (B)--
(A) by striking ``and'' before ``spectrometry''; and
(B) by inserting ``, and unoccupied aerial
vehicles'' after ``emissions''; and
(2) by adding at the end the following:
``(C) Memorandum of understanding.--The Secretary
and the Secretary of Commerce shall develop and execute
a memorandum of understanding to establish cooperative
support for the activities of the System from the
National Oceanic and Atmospheric Administration,
including environmental observations, modeling, and
temporary duty assignments of personnel to support
emergency activities, as necessary or appropriate.''.
(d) Management.--Subsection (b)(3) of such section is amended--
(1) in subparagraph (A), by adding at the end the following:
``(iii) Update.--
``(I) National oceanic and
atmospheric administration cost
estimates.--The Secretary of Commerce
shall submit to the Secretary annual
cost estimates for modernization
activities and support of the System for
the National Oceanic and Atmospheric
Administration.
``(II) Update of management plan.--
The Secretary shall update the
management plan submitted under clause
(i) to include the cost estimates
submitted under subclause (I).''; and
(2) by adding at the end the following:
``(E) Collaboration.--The Secretary of Commerce
shall collaborate with the Secretary to implement
activities carried out under this section related to the
expertise of the National Oceanic and Atmospheric
Administration, including observations and modeling of
emissions of gases, aerosols, and ash, atmospheric
dynamics and chemistry, and ocean chemistry resulting
from volcanic eruptions.''.
(e) Funding.--Subsection (c) of such section is amended--
(1) in paragraph (1)--
(A) in the paragraph heading, by inserting ``,
united states geological survey'' after
``appropriations''; and
(B) by inserting ``to the United States Geological
Survey'' after ``appropriated'';.
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following:
[[Page 136 STAT. 3995]]
``(2) Authorization of appropriations, national oceanic and
atmospheric administration.-- <<NOTE: Time period.>> There is
authorized to be appropriated to the National Oceanic and
Atmospheric Administration to carry out this section such sums
as may be necessary for the period of fiscal years 2023 through
2024.''; and
(4) in paragraph (3), as redesignated by paragraph (2)--
(A) by striking ``United States Geological Survey'';
and
(B) by inserting ``of the United States Geological
Survey and the National Oceanic and Atmospheric
Administration'' after ``programs''.
(f) Implementation Plan.--
(1) <<NOTE: Deadline.>> Development of plan.--Not later
than 180 days after the date of the enactment of this Act, the
Secretary of Commerce, in consultation with the Secretary of the
Interior, shall develop a plan to implement the amendments made
by this Act during the 5-year period beginning on the date on
which the plan is developed.
(2) <<NOTE: Cost estimate.>> Elements.--The plan developed
under paragraph (1) shall include an estimate of the cost and
schedule required for the implementation described in such
paragraph.
(3) Public availability.--Upon completion of the plan
developed under paragraph (1), the Secretary of Commerce shall
make the plan publicly available.
TITLE CVI--LEARNING EXCELLENCE AND GOOD EXAMPLES FROM NEW DEVELOPERS
SEC. 10601. <<NOTE: 15 USC 8512a.>> LEARNING EXCELLENCE AND GOOD
EXAMPLES FROM NEW DEVELOPERS.
(a) Definitions.--In this section:
(1) Administration.--The term ``Administration'' means the
National Oceanic and Atmospheric Administration.
(2) Administrator.--The term ``Administrator'' means the
Under Secretary of Commerce for Oceans and Atmosphere and
Administrator of the National Oceanic and Atmospheric
Administration.
(3) Earth prediction innovation center.--The term ``Earth
Prediction Innovation Center'' means the community global
weather research modeling system described in paragraph (5)(E)
of section 102(b) of the Weather Research Forecasting and
Innovation Act of 2017 (15 U.S.C. 8512(b)), as redesignated by
this section.
(4) Model.--The term ``model'' means any vetted numerical
model and associated data assimilation of the Earth's system or
its components--
(A) developed, in whole or in part, by scientists
and engineers employed by the Administration; or
(B) otherwise developed, in whole or in part, using
Federal funds.
(5) Open license.--The term ``open license'' has the same
meaning given such term in section 3502(21) of title 44, United
States Code.
[[Page 136 STAT. 3996]]
(6) Operational model.--The term ``operational model'' means
any model that has an output used by the Administration for
operational functions.
(7) Suitable model.--The term ``suitable model'' means a
model that meets the requirements described in paragraph
(5)(E)(ii) of section 102(b) of the Weather Research Forecasting
and Innovation Act of 2017 (15 U.S.C. 8512(b)), as redesignated
by this title, as determined by the Administrator.
(b) Purposes.--The purposes of this section are--
(1) to support innovation in modeling by allowing interested
stakeholders to have easy and complete access to operational
model codes and to other models, as the Administrator determines
appropriate; and
(2) to use vetted innovations arising from access described
in paragraph (1) to improve modeling by the Administration.
(c) Plan and Implementation of Plan To Make Certain Models and Data
Available to the Public.--
(1) In general.--The Administrator shall develop and
implement a plan to make available to the public, at no cost and
with no restrictions on copying, publishing, distributing,
citing, adapting, or otherwise using under an open license, the
following:
(A) Operational models developed by the
Administration.
(B) Models that are not operational models,
including experimental and developmental models, as the
Administrator determines appropriate.
(C) Applicable information and documentation for
models described in subparagraphs (A) and (B), including
a description of intended model outputs.
(D) Subject to subsection (f), all data owned by the
Federal Government and data that the Administrator has
the legal right to redistribute that are associated with
models made available to the public pursuant to the plan
and used in operational forecasting by the
Administration, including--
(i) relevant metadata; and
(ii) data used for operational models used by
the Administration as of the date of the enactment
of this Act.
(2) Accommodations.--In developing and implementing the plan
under paragraph (1), the Administrator may make such
accommodations as the Administrator considers appropriate to
ensure that the public release of any model, information,
documentation, or data pursuant to the plan do not jeopardize--
(A) national security;
(B) intellectual property or redistribution rights,
including under titles 17 and 35, United States Code;
(C) any trade secret or commercial or financial
information subject to section 552(b)(4) of title 5,
United States Code;
(D) any models or data that are otherwise restricted
by contract or other written agreement; or
(E) the mission of the Administration to protect
lives and property.
[[Page 136 STAT. 3997]]
(3) Priority.--In developing and implementing the plan under
paragraph (1), the Administrator shall prioritize making
available to the public the models described in paragraph
(1)(A).
(4) Protections for privacy and statistical information.--In
developing and implementing the plan under subsection (a), the
Administrator shall ensure that all requirements incorporated
into any models described in paragraph (1)(A) ensure compliance
with statistical laws and other relevant data protection
requirements, including the protection of any personally
identifiable information.
(5) <<NOTE: Determination. Time period.>> Exclusion of
certain models.--In developing and implementing the plan under
paragraph (1), the Administrator may exclude models that the
Administrator determines will be retired or superseded in fewer
than 5 years after the date of the enactment of this Act.
(6) Platforms.--In carrying out paragraphs (1) and (2), the
Administrator may use government servers, contracts or
agreements with a private vendor, or any other platform
consistent with the purpose of this title.
(7) Support program.--The Administrator shall plan for and
establish a program to support infrastructure, including
telecommunications and technology infrastructure of the
Administration and the platforms described in paragraph (6),
relevant to making operational models and data available to the
public pursuant to the plan under subsection (a).
(8) Technical correction.--Section 102(b) of the Weather
Research Forecasting and Innovation Act of 2017 (15 U.S.C.
8512(b)) is amended by redesignating the second paragraph (4)
(as added by section 4(a) of the National Integrated Drought
Information System Reauthorization Act of 2018 (Public Law 115-
423; 132 Stat. 5456)) as paragraph (5).
(d) Requirement To Review Models and Leverage Innovations.--The
Administrator shall--
(1) consistent with the mission of the Earth Prediction
Innovation Center, periodically review innovations and
improvements made by persons not employed by the Administration
as Federal employees to the operational models made available to
the public pursuant to the plan under subsection (c)(1) in order
to improve the accuracy and timeliness of forecasts of the
Administration; and
(2) if the Administrator identifies an innovation for a
suitable model, develop and implement a plan to use the
innovation to improve the model.
(e) Report on Implementation.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Administrator shall submit to the
appropriate congressional committees a report on the
implementation of this section that includes a description of--
(A) the implementation of the plan required by
subsection (c);
(B) the process of the Administration under
subsection (d)--
(i) for engaging with interested stakeholders
to learn what innovations those stakeholders have
found;
(ii) for reviewing those innovations; and
(iii) for operationalizing innovations to
improve suitable models; and
[[Page 136 STAT. 3998]]
(C) the use of any Federal financial assistance,
including under section 24 of the Stevenson-Wydler
Technology Innovation Act of 1990 (15 U.S.C. 3719) or
the Crowdsourcing and Citizen Science Act (15 U.S.C.
3724), in order to facilitate and incentivize the
sharing of externally developed improvements for
testing, evaluation, validation, and application to
further improve the mission of the Administration, and
any other Administration priorities.
(2) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Commerce, Science, and
Transportation and the Committee on Appropriations of
the Senate; and
(B) the Committee on Science, Space, and Technology
and the Committee on Appropriations of the House of
Representatives.
(f) Protection of National Security Interests.--
(1) In general.--Notwithstanding any other provision of this
section, for models developed in whole or in part with the
Department of Defense, the Administrator, in consultation with
the Secretary of Defense, as appropriate, shall withhold any
model or data if the Administrator or the Secretary of Defense
determines doing so to be necessary to protect the national
security interests of the United States.
(2) Rule of construction.--Nothing in this section shall be
construed to supersede any other provision of law governing the
protection of the national security interests of the United
States.
(g) <<NOTE: Time period.>> Authorization of Appropriations.--There
is authorized to be appropriated to carry out this section $2,000,000
for each of fiscal years 2023 through 2027.
DIVISION K-- <<NOTE: Don Young Coast Guard Authorization Act of
2022.>> DON YOUNG COAST GUARD AUTHORIZATION ACT OF 2022
SEC. 11001. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Don Young
Coast Guard Authorization Act of 2022''.
(b) Table of Contents.--The table of contents for this division is
as follows:
Sec. 11001. Short title; table of contents.
Sec. 11002. Definitions.
Sec. 11003. Rule of construction.
TITLE CXI--AUTHORIZATIONS
Sec. 11101. Authorization of appropriations.
Sec. 11102. Authorized levels of military strength and training.
Sec. 11103. Authorization for certain programs and services.
Sec. 11104. Availability of amounts for acquisition of additional
vessels.
Sec. 11105. Shoreside infrastructure and facilities.
Sec. 11106. Coast Guard yard resilient infrastructure and construction
improvement.
TITLE CXII--COAST GUARD
Subtitle A--Infrastructure and Assets
Sec. 11201. Report on shoreside infrastructure and facilities projects.
[[Page 136 STAT. 3999]]
Sec. 11202. Report and briefing on resourcing strategy for Western
Pacific region.
Sec. 11203. Study and report on national security and drug trafficking
threats in Florida Straits, Cuba, and Caribbean region.
Sec. 11204. Coast Guard Yard.
Sec. 11205. Authority to enter into transactions other than contracts
and grants to procure cost-effective technology for mission
needs.
Sec. 11206. Improvements to infrastructure and operations planning.
Sec. 11207. Aqua alert notification system pilot program.
Sec. 11208. Pilot project for enhancing Coast Guard cutter readiness
through condition-based maintenance.
Sec. 11209. Study on laydown of Coast Guard Cutters.
Sec. 11210. Acquisition life-cycle cost estimates.
Sec. 11211. Disposition of infrastructure related to E-LORAN.
Subtitle B--Great Lakes
Sec. 11212. Great Lakes winter commerce.
Sec. 11213. Database on icebreaking operations in Great Lakes.
Sec. 11214. Center of expertise for Great Lakes oil spill search and
response.
Sec. 11215. Great Lakes snowmobile acquisition plan.
Sec. 11216. Great Lakes barge inspection exemption.
Sec. 11217. Study on sufficiency of Coast Guard aviation assets to meet
mission demands.
Subtitle C--Arctic
Sec. 11218. Establishment of medium icebreaker program office.
Sec. 11219. Arctic activities.
Sec. 11220. Study on Arctic operations and infrastructure.
Sec. 11221. Pribilof Island transition completion actions.
Sec. 11222. Report on shipyards of Finland and Sweden.
Sec. 11223. Acquisition of icebreaker.
Subtitle D--Maritime Cyber and Artificial Intelligence
Sec. 11224. Enhancing maritime cybersecurity.
Sec. 11225. Establishment of unmanned system program and autonomous
control and computer vision technology project.
Sec. 11226. Artificial intelligence strategy.
Sec. 11227. Review of artificial intelligence applications and
establishment of performance metrics.
Sec. 11228. Cyber data management.
Sec. 11229. Data management.
Sec. 11230. Study on cyber threats to United States marine
transportation system.
Subtitle E--Aviation
Sec. 11231. Space-available travel on Coast Guard aircraft: program
authorization and eligible recipients.
Sec. 11232. Report on Coast Guard Air Station Barbers Point hangar.
Sec. 11233. Study on operational availability of Coast Guard aircraft
and strategy for Coast Guard Aviation.
Subtitle F--Workforce Readiness
Sec. 11234. Authorized strength.
Sec. 11235. Continuation of officers with certain critical skills on
active duty.
Sec. 11236. Number and distribution of officers on active duty promotion
list.
Sec. 11237. Career incentive pay for marine inspectors.
Sec. 11238. Expansion of ability for selection board to recommend
officers of particular merit for promotion.
Sec. 11239. Modification to education loan repayment program.
Sec. 11240. Retirement of Vice Commandant.
Sec. 11241. Report on resignation and retirement processing times and
denial.
Sec. 11242. Calculation of active service.
Sec. 11243. Physical Disability Evaluation System procedure review.
Sec. 11244. Expansion of authority for multirater assessments of certain
personnel.
Sec. 11245. Promotion parity.
Sec. 11246. Partnership program to diversify Coast Guard.
Sec. 11247. Expansion of Coast Guard Junior Reserve Officers' Training
Corps.
Sec. 11248. Improving representation of women and racial and ethnic
minorities among Coast Guard active-duty members.
Sec. 11249. Strategy to enhance diversity through recruitment and
accession.
Sec. 11250. Support for Coast Guard Academy.
Sec. 11251. Training for congressional affairs personnel.
[[Page 136 STAT. 4000]]
Sec. 11252. Strategy for retention of cuttermen.
Sec. 11253. Study on performance of Coast Guard Force Readiness Command.
Sec. 11254. Study on frequency of weapons training for Coast Guard
personnel.
Subtitle G--Miscellaneous Provisions
Sec. 11255. Modification of prohibition on operation or procurement of
foreign-made unmanned aircraft systems.
Sec. 11256. Budgeting of Coast Guard relating to certain operations.
Sec. 11257. Report on San Diego maritime domain awareness.
Sec. 11258. Conveyance of Coast Guard vessels for public purposes.
Sec. 11259. National Coast Guard Museum funding plan.
Sec. 11260. Report on Coast Guard explosive ordnance disposal.
Sec. 11261. Transfer and conveyance.
Sec. 11262. Transparency and oversight.
Sec. 11263. Study on safety inspection program for containers and
facilities.
Sec. 11264. Operational data sharing capability.
Sec. 11265. Feasibility study on construction of Coast Guard station at
Port Mansfield.
Sec. 11266. Procurement of tethered aerostat radar system for Coast
Guard Station South Padre Island.
Sec. 11267. Prohibition on major acquisition contracts with entities
associated with Chinese Communist Party.
Sec. 11268. Review of drug interdiction equipment and standards; testing
for fentanyl during interdiction operations.
Sec. 11269. Public availability of information on monthly migrant
interdictions.
Sec. 11270. Cargo waiting time reduction.
Sec. 11271. Study on Coast Guard oversight and investigations.
Subtitle H--Sexual Assault and Sexual Harassment Response and Prevention
Sec. 11272. Administration of sexual assault forensic examination kits.
Sec. 11273. Policy on requests for permanent changes of station or unit
transfers by persons who report being the victim of sexual
assault.
Sec. 11274. Sex offenses and personnel records.
Sec. 11275. Study on Special Victims' Counsel program.
TITLE CXIII--ENVIRONMENT
Subtitle A--Marine Mammals
Sec. 11301. Definitions.
Sec. 11302. Assistance to ports to reduce impacts of vessel traffic and
port operations on marine mammals.
Sec. 11303. Near real-time monitoring and mitigation program for large
cetaceans.
Sec. 11304. Pilot program to establish a Cetacean Desk for Puget Sound
region.
Sec. 11305. Monitoring ocean soundscapes.
Subtitle B--Oil Spills
Sec. 11306. Report on changing salvors.
Sec. 11307. Limited indemnity provisions in standby oil spill response
contracts.
Sec. 11308. Improving oil spill preparedness.
Sec. 11309. Western Alaska oil spill planning criteria.
Sec. 11310. Coast Guard claims processing costs.
Sec. 11311. Calculation of interest on debt owed to national pollution
fund.
Sec. 11312. Per-incident limitation.
Sec. 11313. Access to Oil Spill Liability Trust Fund.
Sec. 11314. Cost-reimbursable agreements.
Sec. 11315. Oil spill response review.
Sec. 11316. Additional exceptions to regulations for towing vessels.
Sec. 11317. Port Coordination Council for Point Spencer.
Subtitle C--Environmental Compliance
Sec. 11318. Providing requirements for vessels anchored in established
anchorage grounds.
Sec. 11319. Study on impacts on shipping and commercial, Tribal, and
recreational fisheries from development of renewable energy
on West Coast.
Sec. 11320. Use of devices broadcasting on AIS for purposes of marking
fishing gear.
Subtitle D--Environmental Issues
Sec. 11321. Notification of communication outages.
Sec. 11322. Improvements to communication with fishing industry and
related stakeholders.
[[Page 136 STAT. 4001]]
Sec. 11323. Advance notification of military or other exercises.
Sec. 11324. Modifications to Sport Fish Restoration and Boating Trust
Fund administration.
Sec. 11325. Load lines.
Sec. 11326. Actions by National Marine Fisheries Service to increase
energy production.
Sec. 11327. Aquatic Nuisance Species Task Force.
Sec. 11328. Safety standards.
Subtitle E--Illegal Fishing and Forced Labor Prevention
Sec. 11329. Definitions.
Chapter 1--Combating Human Trafficking Through Seafood Import Monitoring
Sec. 11330. Enhancement of Seafood Import Monitoring Program Message Set
in Automated Commercial Environment system.
Sec. 11331. Data sharing and aggregation.
Sec. 11332. Import audits.
Sec. 11333. Availability of fisheries information.
Sec. 11334. Report on Seafood Import Monitoring Program.
Sec. 11335. Authorization of appropriations.
Chapter 2--Strengthening International Fisheries Management To Combat
Human Trafficking
Sec. 11336. Denial of port privileges.
Sec. 11337. Identification and certification criteria.
Sec. 11338. Equivalent conservation measures.
Sec. 11339. Capacity building in foreign fisheries.
Sec. 11340. Training of United States observers.
Sec. 11341. Regulations.
TITLE CXIV--SUPPORT FOR COAST GUARD WORKFORCE
Subtitle A--Support for Coast Guard Members and Families
Sec. 11401. Coast Guard child care improvements.
Sec. 11402. Armed Forces access to Coast Guard child development
services.
Sec. 11403. Cadet pregnancy policy improvements.
Sec. 11404. Combat-related special compensation.
Sec. 11405. Study on food security.
Subtitle B--Healthcare
Sec. 11406. Development of medical staffing standards for Coast Guard.
Sec. 11407. Healthcare system review and strategic plan.
Sec. 11408. Data collection and access to care.
Sec. 11409. Behavioral health policy.
Sec. 11410. Members asserting post-traumatic stress disorder or
traumatic brain injury.
Sec. 11411. Improvements to Physical Disability Evaluation System and
transition program.
Sec. 11412. Expansion of access to counseling.
Sec. 11413. Expansion of postgraduate opportunities for members of Coast
Guard in medical and related fields.
Sec. 11414. Study on Coast Guard medical facilities needs.
Sec. 11415. Study on Coast Guard telemedicine program.
Subtitle C--Housing
Sec. 11416. Study on Coast Guard housing access, cost, and challenges.
Sec. 11417. Audit of certain military housing conditions of enlisted
members of Coast Guard in Key West, Florida.
Sec. 11418. Study on Coast Guard housing authorities and privatized
housing.
Sec. 11419. Strategy to improve quality of life at remote units.
Subtitle D--Other Matters
Sec. 11420. Report on availability of emergency supplies for Coast Guard
personnel.
Sec. 11421. Fleet mix analysis and shore infrastructure investment plan.
TITLE CXV--MARITIME
Subtitle A--Vessel Safety
Sec. 11501. Responses to safety recommendations.
[[Page 136 STAT. 4002]]
Sec. 11502. Requirements for DUKW amphibious passenger vessels.
Sec. 11503. Exoneration and limitation of liability for small passenger
vessels.
Sec. 11504. At-sea recovery operations pilot program.
Sec. 11505. Historic wood sailing vessels.
Sec. 11506. Certificates of numbers for undocumented vessels.
Sec. 11507. Comptroller General review and report on Coast Guard
oversight of third-party organizations.
Sec. 11508. Articulated tug-barge manning.
Sec. 11509. Fishing vessel safety.
Sec. 11510. Exemptions for certain passenger vessels.
Subtitle B--Merchant Mariner Credentialing
Sec. 11511. Modernizing merchant mariner credentialing system.
Sec. 11512. Assessment regarding application process for merchant
mariner credentials.
Sec. 11513. GAO report.
Sec. 11514. Military to Mariners Act of 2022.
Sec. 11515. Definitions.
Subtitle C--Other Matters
Sec. 11516. Nonoperating individual.
Sec. 11517. Oceanographic research vessels.
Sec. 11518. Port access routes briefing.
Sec. 11519. Definition of stateless vessel.
Sec. 11520. Limitation on recovery for certain injuries incurred in
aquaculture activities.
Sec. 11521. Report on securing vessels and cargo.
Sec. 11522. Report on enforcement of coastwise laws.
Sec. 11523. Land conveyance, Sharpe Army Depot, Lathrop, California.
Sec. 11524. Prohibition on entry and operation.
Sec. 11525. Floating dry docks.
Sec. 11526. Updated requirements for fishing crew agreements.
TITLE CXVI--SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE
Sec. 11601. Definitions.
Sec. 11602. Convicted sex offender as grounds for denial.
Sec. 11603. Sexual harassment or sexual assault as grounds for
suspension or revocation.
Sec. 11604. Accommodation; notices.
Sec. 11605. Protection against discrimination.
Sec. 11606. Alcohol at sea.
Sec. 11607. Surveillance requirements.
Sec. 11608. Master key control.
Sec. 11609. Requirement to report sexual assault and harassment.
Sec. 11610. Safety management system.
Sec. 11611. Reports to Congress.
TITLE CXVII--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Subtitle A--National Oceanic and Atmospheric Administration Commissioned
Officer Corps
Sec. 11701. Definitions.
Sec. 11702. Requirement for appointments.
Sec. 11703. Repeal of requirement to promote ensigns after 3 years of
service.
Sec. 11704. Authority to provide awards and decorations.
Sec. 11705. Retirement and separation.
Sec. 11706. Improving professional mariner staffing.
Sec. 11707. Legal assistance.
Sec. 11708. Acquisition of aircraft for agency air, atmosphere, and
weather reconnaissance and research mission.
Sec. 11709. Report on professional mariner staffing models.
Subtitle B--Other Matters
Sec. 11710. Conveyance of certain property of National Oceanic and
Atmospheric Administration in Juneau, Alaska.
TITLE CXVIII--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS
Sec. 11801. Terms and vacancies.
[[Page 136 STAT. 4003]]
Sec. 11802. Passenger vessel security and safety requirements.
Sec. 11803. Technical corrections.
Sec. 11804. Transportation worker identification credential technical
amendments.
Sec. 11805. Reinstatement.
Sec. 11806. Determination of budgetary effects.
Sec. 11807. Technical amendment.
Sec. 11808. Lighthouse service amendments.
SEC. 11002. <<NOTE: 14 USC 106 note.>> DEFINITIONS.
In this division:
(1) Commandant.--The term ``Commandant'' means the
Commandant of the Coast Guard.
(2) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of the department in which the
Coast Guard is operating.
SEC. 11003. <<NOTE: 6 USC 245 note.>> RULE OF CONSTRUCTION.
(a) In General.--Nothing in this division may be construed--
(1) to satisfy any requirement for government-to-government
consultation with Tribal governments; or
(2) to affect or modify any treaty or other right of any
Tribal government.
(b) Tribal Government Defined.--In this section, the term ``Tribal
government'' means the recognized governing body of any Indian or Alaska
Native Tribe, band, nation, pueblo, village, community, component band,
or component reservation, individually identified (including
parenthetically) in the list published most recently as of the date of
the enactment of this Act pursuant to section 104 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).
TITLE CXI--AUTHORIZATIONS
SEC. 11101. AUTHORIZATION OF APPROPRIATIONS.
Section 4902 of title 14, United States Code, is amended--
(1) in the matter preceding paragraph (1) by striking
``fiscal years 2020 and 2021'' and inserting ``fiscal years 2022
and 2023'';
(2) in paragraph (1)--
(A) in subparagraph (A) by striking clauses (i) and
(ii) and inserting the following:
``(i) $10,000,000,000 for fiscal year 2022; and
``(ii) $10,750,000,000 for fiscal year 2023.'';
(B) in subparagraph (B) by striking ``$17,035,000''
and inserting ``$23,456,000''; and
(C) in subparagraph (C) by striking ``, (A)(ii)
$17,376,000'' and inserting ``(A)(ii), $24,353,000'';
(3) in paragraph (2)--
(A) in subparagraph (A) by striking clauses (i) and
(ii) and inserting the following:
``(i) $3,312,114,000 for fiscal year 2022; and
``(ii) $3,477,600,000 for fiscal year 2023.''; and
(B) in subparagraph (B) by striking clauses (i) and
(ii) and inserting the following:
``(i) $20,400,000 for fiscal year 2022; and
``(ii) $20,808,000 for fiscal year 2023.'';
(4) in paragraph (3) by striking subparagraphs (A) and (B)
and inserting the following:
[[Page 136 STAT. 4004]]
``(A) $7,476,000 for fiscal year 2022; and
``(B) $14,681,084 for fiscal year 2023.''; and
(5) in paragraph (4) by striking subparagraphs (A) and (B)
and inserting the following:
``(A) $240,577,000 for fiscal year 2022; and
``(B) $252,887,000 for fiscal year 2023.''.
SEC. 11102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
Section 4904 of title 14, United States Code, is amended--
(1) in subsection (a) by striking ``fiscal years 2020 and
2021'' and inserting ``fiscal years 2022 and 2023''; and
(2) in subsection (b) by striking ``fiscal years 2020 and
2021'' and inserting ``fiscal years 2022 and 2023''.
SEC. 11103. AUTHORIZATION FOR CERTAIN PROGRAMS AND SERVICES.
Of the amounts authorized to be appropriated under section
4902(1)(A) of title 14, United States Code, there are authorized to the
Commandant for each of fiscal years 2022 and 2023--
(1) $25,000,000 for the child care subsidy program as
established under section 11401and any additional eligible uses
established by the Commandant under the amendment made by
subsection (c) of section 11401;
(2) $1,300,000 for expansion of behavioral health services
in the Coast Guard under section 11412;
(3) $3,000,000 for the Aqua Alert Notification System pilot
program established under section 11207; and
(4) $1,000,000 to prepare the evaluation of requirements for
the Arctic Security Cutter.
SEC. 11104. <<NOTE: Contracts.>> AVAILABILITY OF AMOUNTS FOR
ACQUISITION OF ADDITIONAL VESSELS.
(a) In General.--Of the amounts authorized to be appropriated under
section 4902(2)(A)(ii) of title 14, United States Code, as amended by
section 11101, for fiscal year 2023--
(1) $300,000,000 shall be authorized for the acquisition of
a twelfth National Security Cutter;
(2) $420,000,000 shall be authorized for the acquisition of
6 Fast Response Cutters;
(3) $172,500,000 is authorized for the program management,
design, and acquisition of 12 Pacific Northwest heavy weather
boats that are at least as capable as the Coast Guard 52-foot
motor surfboat;
(4) $167,200,000 is authorized for the third Polar Security
Cutter;
(5) $150,000,000 is authorized for the acquisition or
procurement of an available icebreaker (as such term is defined
under section 11223);
(6) for fiscal year 2022, $350,000,000 shall be authorized
for the acquisition of a Great Lakes icebreaker at least as
capable as Coast Guard cutter Mackinaw (WLBB-30);
(7) in addition to amounts authorized under paragraph (6),
$20,000,000 shall be authorized for the design and selection of
icebreaking cutters for operation in the Great Lakes, the
Northeastern United States, and the Arctic as appropriate, that
are at least as capable as the Coast Guard 140-foot icebreaking
tugs; and
[[Page 136 STAT. 4005]]
(8) $650,000,000 is authorized for the continued acquisition
of Offshore Patrol Cutters.
(b) Treatment of Acquired Cutter.--Any cutter acquired using amounts
authorized under subsection (a) shall be in addition to the National
Security Cutters and Fast Response Cutters approved under the existing
acquisition baseline in the program of record for the National Security
Cutter and Fast Response Cutter.
SEC. 11105. SHORESIDE INFRASTRUCTURE AND FACILITIES.
(a) In General.--Of the amounts authorized to be appropriated under
section 4902(2)(A) of title 14, United States Code--
(1) for each of fiscal years 2022 and 2023, $1,000,000,000
is authorized to fund maintenance, construction, and repairs for
Coast Guard shoreside infrastructure; and
(2) for fiscal year 2023, $127,000,000 is authorized for
improvements to facilities of the Coast Guard Yard.
(b) Set-asides.--Of the amounts authorized under subsection (a)(1)--
(1) up to $60,000,000 is authorized to fund Phase I, in
fiscal year 2022, and $60,000,000 is authorized to fund Phase
II, in fiscal year 2023, for the recapitalization of the
barracks at the United States Coast Guard Training Center Cape
May in Cape May, New Jersey;
(2) $67,500,000 is authorized for the construction of
additional new child care development centers not constructed
using funds authorized by title V of the Infrastructure
Investment and Jobs Act (Public Law 117-58); and
(3) up to $1,200,000 is authorized to--
(A) complete repairs to the United States Coast
Guard Station, New York, waterfront, including repairs
to the concrete pier; and
(B) replace floating piers Alpha and Bravo, the
South Breakwater and Ice Screen, the North Breakwater
and Ice Screen and the seawall.
(c) Mitigation of Hazard Risks.--In carrying out projects with funds
authorized under subsection (a), the Coast Guard shall mitigate, to the
greatest extent practicable, natural hazard risks identified in any
Shore Infrastructure Vulnerability Assessment for Phase I related to
such projects.
SEC. 11106. COAST GUARD YARD RESILIENT INFRASTRUCTURE AND
CONSTRUCTION IMPROVEMENT.
There is authorized to appropriated for the period of fiscal years
2023 through 2028 for the Secretary--
(1) $273,000,000 for the purposes of improvements to
facilities of the Coast Guard Yard; and
(2) $236,000,000 for the acquisition of a new floating
drydock at the Yard.
[[Page 136 STAT. 4006]]
TITLE CXII--COAST GUARD
Subtitle A--Infrastructure and Assets
SEC. 11201. <<NOTE: 14 USC 5102 note.>> REPORT ON SHORESIDE
INFRASTRUCTURE AND FACILITIES
PROJECTS.
(a) In General.--Not less frequently than annually, the Commandant
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report that includes--
(1) <<NOTE: List. Time period.>> a detailed list of Coast
Guard shoreside infrastructure projects contemplated in each
Coast Guard Sector area of responsibility and planned within the
7 years following the submission of the annual report for all
Coast Guard facilities located within each Coast Guard Sector
area of responsibility in the order of priority, including
recapitalization, maintenance needs in excess of $100,000,
dredging, and other shoreside infrastructure needs of the Coast
Guard;
(2) <<NOTE: Cost estimates.>> the estimated cost of
projects to fulfill each project, to the extent available; and
(3) a general description of the state of planning,
including design and engineering, for each such project.
(b) Contents.--The report submitted under subsection (a) shall
include all unfunded shoreside infrastructure and facility priorities
meeting the criteria under subsection (a) recommended to the Commandant
for consideration for inclusion in the unfunded priority list report to
Congress under section 5108 of title 14, United States Code, regardless
of whether the unfunded shoreside infrastructure project is included in
the final annual unfunded priority list to Congress.
SEC. 11202. REPORT AND BRIEFING ON RESOURCING STRATEGY FOR WESTERN
PACIFIC REGION.
(a) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Commandant, in consultation with the
Coast Guard Commander of the Pacific Area, the Commander of
United States Indo-Pacific Command, and the Under Secretary of
Commerce for Oceans and Atmosphere, shall submit to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives a report outlining the resourcing needs
of the Coast Guard to achieve optimum operations in the Western
Pacific region.
(2) Elements.--The report required under paragraph (1) shall
include the following:
(A) <<NOTE: Assessment.>> An assessment of the
risks and associated needs--
(i) to United States strategic maritime
interests, in particular such interests in areas
west of the International Date Line, including
risks to bilateral maritime partners of the United
States, posed by not fully staffing and equipping
Coast Guard operations in the Western Pacific
region;
[[Page 136 STAT. 4007]]
(ii) to the Coast Guard mission and force
posed by not fully staffing and equipping Coast
Guard operations in the Western Pacific region;
and
(iii) to support the call of the President, as
set forth in the Indo-Pacific Strategy, to expand
Coast Guard presence and cooperation in Southeast
Asia, South Asia, and the Pacific Islands, with a
focus on advising, training, deployment, and
capacity building.
(B) A description of the additional resources,
including shoreside resources, required to fully
implement the needs described in subparagraph (A),
including the United States commitment to bilateral
fisheries law enforcement in the Pacific Ocean.
(C) A description of the operational and personnel
assets required and a dispersal plan for available and
projected future Coast Guard cutters and aviation forces
to conduct optimum operations in the Western Pacific
region.
(D) <<NOTE: Analysis.>> An analysis with respect to
whether a national security cutter or fast response
cutter located at a United States military installation
in a foreign country in the Western Pacific region would
enhance United States national security, partner country
capacity building, and prevention and effective response
to illegal, unreported, and unregulated fishing.
(E) <<NOTE: Assessment.>> An assessment of the
benefits and associated costs involved in--
(i) increasing staffing of Coast Guard
personnel within the command elements of United
States Indo-Pacific Command or subordinate
commands; and
(ii) designating a Coast Guard patrol force
under the direct authority of the Commander of the
United States Indo-Pacific Command with associated
forward-based assets and personnel.
(F) An identification of any additional authority
necessary, including proposals for legislative change,
to meet the needs identified in accordance with
subparagraphs (A) through (E) and any other mission
requirement in the Western Pacific region.
(3) Form.--The report required under paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
(b) <<NOTE: Deadline.>> Briefing.--Not later than 60 days after the
date on which the Commandant submits the report under subsection (a),
the Commandant, or a designated individual, shall provide to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a briefing on the findings and conclusions of such
report.
SEC. 11203. STUDY AND REPORT ON NATIONAL SECURITY AND DRUG
TRAFFICKING THREATS IN FLORIDA
STRAITS, CUBA, AND CARIBBEAN REGION.
(a) In General.--The Commandant shall conduct a study on threats to
national security, drug trafficking, and other relevant threats the
Commandant considers appropriate in the Florida Straits and Caribbean
region, including Cuba.
[[Page 136 STAT. 4008]]
(b) Elements.--The study required under subsection (a) shall include
the following:
(1) <<NOTE: Assessment.>> An assessment of--
(A) new technology and evasive maneuvers used by
transnational criminal organizations to evade detection
and interdiction by Coast Guard law enforcement units
and interagency partners; and
(B) capability gaps of the Coast Guard with respect
to--
(i) the detection and interdiction of illicit
drugs in the Florida Straits and Caribbean region,
including Cuba; and
(ii) the detection of national security
threats in such region.
(2) An identification of--
(A) the critical technological advancements required
for the Coast Guard to meet current and anticipated
threats in such region;
(B) the capabilities required to enhance information
sharing and coordination between the Coast Guard and
interagency partners, foreign governments, and related
civilian entities; and
(C) any significant developing threats to the United
States posed by illicit actors in such region.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Commandant shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on the results of the study under subsection (a).
SEC. 11204. COAST GUARD YARD.
(a) In General.--With respect to the Coast Guard Yard, the uses of
the amounts authorized under sections 11105(a)(2) and 11106 are to--
(1) improve resilience and capacity;
(2) maintain and expand Coast Guard organic manufacturing
capacity;
(3) expand training and recruitment;
(4) enhance safety;
(5) improve environmental compliance; and
(6) ensure that the Coast Guard Yard is prepared to meet the
growing needs of the modern Coast Guard fleet.
(b) Inclusions.--The Secretary shall ensure that the Coast Guard
Yard receives improvements that include the following:
(1) Facilities upgrades needed to improve resilience of the
shipyard, its facilities, and associated infrastructure.
(2) Acquisition of a large-capacity drydock.
(3) Improvements to piers and wharves, drydocks, and capital
equipment utilities.
(4) Environmental remediation.
(5) Construction of a new warehouse and paint facility.
(6) Acquisition of a new travel lift.
(7) Dredging necessary to facilitate access to the Coast
Guard Yard.
(c) <<NOTE: Deadline.>> Workforce Development Plan.--Not later than
180 days after the date of enactment of this Act, the Commandant shall
[[Page 136 STAT. 4009]]
submit to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives, a workforce development plan that--
(1) outlines the workforce needs of the Coast Guard Yard
with respect to civilian employees and active duty members of
the Coast Guard, including engineers, individuals engaged in
trades, cyber specialists, and other personnel necessary to meet
the evolving mission set of the Coast Guard Yard; and
(2) <<NOTE: Recommenda- tions.>> includes recommendations
for Congress with respect to the authorities, training, funding,
and civilian and active-duty recruitment, including the
recruitment of women and underrepresented minorities, necessary
to meet workforce needs of the Coast Guard Yard for the 10-year
period beginning on the date of submission of the plan.
SEC. 11205. AUTHORITY TO ENTER INTO TRANSACTIONS OTHER THAN
CONTRACTS AND GRANTS TO PROCURE COST-
EFFECTIVE TECHNOLOGY FOR MISSION
NEEDS.
(a) In General.--Subchapter III of chapter 11 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 1158. <<NOTE: 14 USC 1158.>> Authority to enter into
transactions other than contracts and grants to
procure cost-effective, advanced technology for
mission-critical needs
``(a) In General.--Subject to subsections (b) and (c), the
Commandant may enter into transactions (other than contracts,
cooperative agreements, and grants) to operate, test, and acquire cost-
effective technology for the purpose of meeting the mission needs of the
Coast Guard.
``(b) Operation, Testing, and Acquisition.--Operation, testing, and
acquisition of technologies under subsection (a) shall be--
``(1) carried out in accordance with Coast Guard policies
and guidance; and
``(2) consistent with the operational requirements of the
Coast Guard.
``(c) Limitations.--The Commandant may not enter into a transaction
under subsection (a) with respect to a technology that--
``(1) does not comply with the cybersecurity standards of
the Coast Guard; or
``(2) is sourced from an entity domiciled in the People's
Republic of China, unless the Commandant determines that the
prototype or procurement of such a technology is for the purpose
of--
``(A) counter-UAS or surrogate testing; or
``(B) intelligence, electronic warfare, and
information warfare, testing, and analysis.
``(d) Education and Training.--The Commandant shall ensure that
management, technical, and contracting personnel of the Coast Guard
involved in the award or administration of transactions under this
section are provided adequate education and training with respect to the
authority under this section.
``(e) Regulations.--The Commandant shall prescribe regulations as
necessary to carry out this section.
[[Page 136 STAT. 4010]]
``(f) Counter-UAS Defined.--In this section, the term `counter-UAS'
has the meaning given such term in section 44801 of title 49.''.
(b) Clerical Amendment.--The analysis for chapter 11 of title 14,
United States Code, <<NOTE: 14 USC prec. 1101.>> is amended by
inserting after the item relating to section 1157 the following:
``1158. Authority to enter into transactions other than contracts and
grants to procure cost-effective, advanced technology for
mission-critical needs.''.
(c) Report.--
(1) In general.--Not later than 5 years after the date of
the enactment of this Act, the Commandant shall submit to the
appropriate committees of Congress a report that--
(A) describes the use of the authority pursuant to
section 1158 of title 14, United States Code (as added
by this section); and
(B) <<NOTE: Assessment.>> assesses the mission and
operational benefits of such authority.
(2) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Transportation and
Infrastructure of the House of Representatives.
SEC. 11206. IMPROVEMENTS TO INFRASTRUCTURE AND OPERATIONS
PLANNING.
(a) <<NOTE: Deadline. Data.>> In General.--Not later than 1 year
after the date of enactment of this Act, the Commandant shall
incorporate the most recent oceanic and atmospheric data relating to the
increasing rates of extreme weather, including flooding, into planning
scenarios for Coast Guard infrastructure and mission deployments with
respect to all Coast Guard Missions.
(b) Coordination With National Oceanic and Atmospheric
Administration.--In carrying out subsection (a), the Commandant shall--
(1) coordinate with the Under Secretary of Commerce for
Oceans and Atmosphere to ensure the incorporation of the most
recent environmental and climatic data; and
(2) request technical assistance and advice from the Under
Secretary in planning scenarios, as appropriate.
(c) <<NOTE: Deadline.>> Briefing.--Not later than 1 year after the
date of enactment of this Act, the Commandant shall provide to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a briefing on the manner in which the best-available
science from the National Oceanic and Atmospheric Administration has
been incorporated into at least 1 key mission area of the Coast Guard,
and the lessons learned from incorporating such science.
SEC. 11207. <<NOTE: 14 USC 521 note.>> AQUA ALERT NOTIFICATION
SYSTEM PILOT PROGRAM.
(a) <<NOTE: Deadline.>> In General.--Not later than 2 years after
the date of enactment of this Act, the Commandant shall, subject to the
availability of appropriations, establish a pilot program to improve the
issuance of alerts to facilitate cooperation with the public to render
[[Page 136 STAT. 4011]]
aid to distressed individuals under section 521 of title 14, United
States Code.
(b) Pilot Program Contents.--In carrying out the pilot program
established under subsection (a), the Commandant shall, to the maximum
extent possible--
(1) include a voluntary opt-in program under which members
of the public, as appropriate, and the entities described in
subsection (c), may receive notifications on cellular devices
regarding Coast Guard activities to render aid to distressed
individuals under section 521 of title 14, United States Code;
(2) cover areas located within the area of responsibility of
3 different Coast Guard sectors in diverse geographic regions;
and
(3) provide that the dissemination of an alert shall be
limited to the geographic areas most likely to facilitate the
rendering of aid to distressed individuals.
(c) Consultation.--In developing the pilot program under subsection
(a), the Commandant shall consult--
(1) the head of any relevant Federal agency;
(2) the government of any relevant State;
(3) any Tribal Government;
(4) the government of any relevant territory or possession
of the United States; and
(5) any relevant political subdivision of an entity
described in paragraph (2), (3), or (4).
(d) Report to Congress.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, and annually thereafter through 2026, the
Commandant shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the implementation of this section.
(2) Public availability.--The Commandant shall make the
report submitted under paragraph (1) available to the public.
SEC. 11208. <<NOTE: 14 USC 504 note.>> PILOT PROJECT FOR
ENHANCING COAST GUARD CUTTER READINESS
THROUGH CONDITION-BASED MAINTENANCE.
(a) <<NOTE: Deadline.>> In General.--Not later than 3 years after
the date of enactment of this Act, the Commandant shall conduct a pilot
project to enhance cutter readiness and reduce lost patrol days through
the deployment of condition-based program standards for cutter
maintenance, in accordance with the criteria set forth in subsection
(b).
(b) Criteria for Condition-Based Maintenance Evaluation.--In
conducting the pilot project under subsection (a), the Commandant, in
cooperation with government and industry partners, shall--
(1) select at least 1 class of cutters under construction
with respect to which the application of the pilot project would
enhance readiness;
(2) use condition-based program standards which incorporate
artificial, intelligence, prognostic based maintenance planning;
(3) create and model a full ship digital twin for the
cutters selected under paragraph (1);
[[Page 136 STAT. 4012]]
(4) install or modify instrumentation capable of producing
full hull, mechanical, and electrical data necessary to analyze
cutter operational conditions with active maintenance alerts;
and
(5) evaluate and weight efficacy of potential emergent
repairs as well as planned depot maintenance activities.
(c) Consideration.--Prior to developing the pilot project in this
section, the Commandant shall evaluate commercially available products,
technology, applications, standards, and technology for development and
implementation of the pilot program.
(d) Report to Congress.--The Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives--
(1) an interim report not later than 12 months after the
date of enactment of this Act on the progress in carrying out
the pilot project described in subsection (a); and
(2) a final report not later than 3 years after the date of
enactment of this Act on the results of the pilot project
described in subsection (a) that includes--
(A) options to integrate condition-based program
standards with prognostic based maintenance planning to
Coast Guard cutters; and
(B) <<NOTE: Plans.>> plans to deploy condition-
based program standards with prognostic based
maintenance planning to Coast Guard cutters.
SEC. 11209. STUDY ON LAYDOWN OF COAST GUARD CUTTERS.
Not <<NOTE: Deadline.>> later than 120 days after the date of
enactment of this Act, the Secretary shall conduct a study on the
laydown of Coast Guard Fast Response Cutters to assess Coast Guard
mission readiness and to identify areas of need for asset coverage.
SEC. 11210. <<NOTE: Contracts.>> ACQUISITION LIFE-CYCLE COST
ESTIMATES.
Section 1132(e) of title 14, United States Code, is amended by
striking paragraphs (2) and (3) and inserting the following:
``(2) Types of estimates.--For each Level 1 or Level 2
acquisition project or program, in addition to life-cycle cost
estimates developed under paragraph (1), the Commandant shall
require that--
``(A) life-cycle cost estimates developed under
paragraph (1) be updated before--
``(i) each milestone decision is concluded;
and
``(ii) the project or program enters a new
acquisition phase; and
``(B) an independent cost estimate or independent
cost assessment, as appropriate, be developed to
validate life-cycle cost estimates developed under
paragraph (1).''.
SEC. 11211. DISPOSITION OF INFRASTRUCTURE RELATED TO E-LORAN.
Section 914 of title 14, United States Code, is amended to read as
follows:
``Sec. 914. Disposition of infrastructure related to E-LORAN
``(a) In General.--Notwithstanding any other provision of law, the
Commandant may dismantle or dispose of any real or personal property
under the administrative control of the Coast Guard and used for the
LORAN-C system.
[[Page 136 STAT. 4013]]
``(b) Restriction.--No action described in subsection (a) may be
taken unless and until--
``(1) <<NOTE: Notification.>> the Commandant notifies the
Secretary of Transportation and the Secretary of Defense in
writing of the proposed dismantling or disposal of a LORAN-C
system; and
``(2) <<NOTE: Time period.>> a period of 90 calendar days
expires following the day on which the notice has been
submitted.
``(c) <<NOTE: Deadline. Determination. Requirement.>> Receipt of
Notification.--If, not later than 90 calendar days of receipt of the
written notification under subsection (b), the Secretary of
Transportation or the Secretary of Defense notifies the Commandant, in
writing, of a determination under section 312(d) of title 49 that the
property is required to provide a positioning, navigation, and timing
system to provide redundant capability in the event the Global
Positioning System signals are disrupted, the Commandant shall transfer
the property to the Department of Transportation without any
consideration.
``(d) Notification Expiration.--If, at the end of the 90 calendar
day period no notification under subsection (b) has been received, the
Commandant shall notify the Committee on Transportation and
Infrastructure and the Committee on Appropriations in the House of
Representatives and the Committee on Commerce, Science, and
Transportation and the Committee on Appropriations of the Senate that
the period in subsection (b)(2) has expired, and may proceed with the
dismantling and disposal of the personal property, and disposing of the
real property in accordance with section 2945 of this title.
``(e) Exception.--The prohibition on actions in subsection (b) does
not apply to actions necessary for the safety of human life.''.
Subtitle B--Great Lakes
SEC. 11212. GREAT LAKES WINTER COMMERCE.
(a) Great Lakes Icebreaking Operations.--
(1) Government accountability office report.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Comptroller General
of the United States shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of
the House of Representatives a report on Coast Guard
icebreaking in the Great Lakes.
(B) <<NOTE: Evaluations.>> Elements.--The report
required under subparagraph (A) shall evaluate--
(i) the economic impact of vessel delays or
cancellations associated with ice coverage on the
Great Lakes;
(ii) mission needs of the Coast Guard Great
Lakes icebreaking program;
(iii) the impact that the proposed standards
described in paragraph (2) would have on--
(I) Coast Guard operations in the
Great Lakes;
(II) Northeast icebreaking missions;
and
(III) inland waterway operations;
(iv) <<NOTE: Analysis.>> a fleet mix analysis
for meeting such proposed standards;
[[Page 136 STAT. 4014]]
(v) a description of the resources necessary
to support the fleet mix resulting from such fleet
mix analysis, including billets for crew and
operating costs; and
(vi) <<NOTE: Recommenda- tions.>>
recommendations to the Commandant for Improvements
to the Great Lakes icebreaking program, including
with respect to facilitating commerce and meeting
all Coast Guard mission needs.
(2) Proposed standards for icebreaking operations.--The
proposed standards described in this subsection are the
following:
(A) Except as provided in subparagraph (B), the
Commandant shall keep ice-covered waterways in the Great
Lakes open to navigation during not less than 90 percent
of the hours that commercial vessels and ferries attempt
to transit such ice-covered waterways.
(B) In a year in which the Great Lakes are not open
to navigation, because of ice of a thickness that occurs
on average only once every 10 years, the Commandant
shall keep ice-covered waterways in the Great Lakes open
to navigation during not less than 70 percent of the
hours that commercial vessels and ferries attempt to
transit such ice-covered waterways.
(3) Report by commandant.--Not later than 90 days after the
date on which the Comptroller General submits the report under
paragraph (1), the Commandant shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that includes the following:
(A) <<NOTE: Plan.>> A plan for Coast Guard
implementation of any recommendation made by the
Comptroller General under paragraph (1)(B)(ii) that the
Commandant considers appropriate.
(B) With respect to any recommendation made under
such paragraph that the Commandant declines to implement
and a justification for such decision.
(C) <<NOTE: Review.>> A review of, and a proposed
implementation plan for, the results of the fleet mix
analysis under paragraph (1)(B)(iv).
(D) Any proposed modifications to the standards for
icebreaking operations in the Great Lakes.
(b) Definitions.--In this section:
(1) Commercial vessel.--The term ``commercial vessel'' means
any privately owned cargo vessel operating in the Great Lakes
during the winter season of at least 500 tons, as measured under
section 14502 of title 46, or an alternate tonnage measured
under section 14302 of such title, as prescribed by the
Secretary under section 14104 of such title.
(2) Great lakes.--The term ``Great Lakes'' means the United
States waters of Lake Superior, Lake Michigan, Lake Huron
(including Lake St. Clair), Lake Erie, and Lake Ontario, their
connecting waterways, and their adjacent harbors, and the
connecting channels (including the following rivers and
tributaries of such rivers: Saint Mary's River, Saint Clair
River, Detroit River, Niagara River, Illinois River, Chicago
River, Fox River, Grand River, St. Joseph River, St. Louis
River,
[[Page 136 STAT. 4015]]
Menominee River, Muskegon River, Kalamazoo River, and Saint
Lawrence River to the Canadian border).
(3) Ice-covered waterway.--The term ``ice-covered waterway''
means any portion of the Great Lakes in which commercial vessels
or ferries operate that is 70 percent or greater covered by ice,
but does not include any waters adjacent to piers or docks for
which commercial icebreaking services are available and adequate
for the ice conditions.
(4) Open to navigation.--The term ``open to navigation''
means navigable to the extent necessary, in no particular order
of priority, to meet the reasonable demands of commerce,
minimize delays to passenger ferries, extricate vessels and
individuals from danger, prevent damage due to flooding, and
conduct other Coast Guard missions (as required).
(5) Reasonable demands of commerce.--The term ``reasonable
demands of commerce'' means the safe movement of commercial
vessels and ferries transiting ice-covered waterways in the
Great Lakes, regardless of type of cargo, at a speed consistent
with the design capability of Coast Guard icebreakers operating
in the Great Lakes and appropriate to the ice capability of the
commercial vessel.
SEC. 11213. <<NOTE: 14 USC 504 note.>> DATABASE ON ICEBREAKING
OPERATIONS IN GREAT LAKES.
(a) In General.--The Commandant shall establish and maintain a
database for collecting, archiving, and disseminating data on
icebreaking operations and commercial vessel and ferry transit in the
Great Lakes during ice season.
(b) Elements.--The database required under subsection (a) shall
include the following:
(1) Attempts by commercial vessels and ferries to transit
ice-covered waterways in the Great Lakes that are unsuccessful
because of inadequate icebreaking.
(2) The period of time that each commercial vessel or ferry
was unsuccessful at transit described in paragraph (1) due to
inadequate icebreaking.
(3) The amount of time elapsed before each such commercial
vessel or ferry was successfully broken out of the ice and
whether it was accomplished by the Coast Guard or by commercial
icebreaking assets.
(4) Relevant communications of each such commercial vessel
or ferry with the Coast Guard and with commercial icebreaking
services during such period.
(5) A description of any mitigating circumstance, such as
Coast Guard icebreaker diversions to higher priority missions,
that may have contributed to the amount of time described in
paragraph (3).
(c) Voluntary Reporting.--Any reporting by operators of commercial
vessels or ferries under this section shall be voluntary.
(d) <<NOTE: Web posting.>> Public Availability.--The Commandant
shall make the database available to the public on a publicly accessible
website of the Coast Guard.
(e) Consultation With Industry.--With respect to the Great Lakes
icebreaking operations of the Coast Guard and the development of the
database required under subsection (a), the Commandant shall consult
operators of commercial vessels and ferries.
[[Page 136 STAT. 4016]]
(f) <<NOTE: Web posting.>> Public Report.--Not later than July 1
after the first winter in which the Commandant is subject to the
requirements of section 564 of title 14, United States Code, the
Commandant shall publish on a publicly accessible website of the Coast
Guard a report on the cost to the Coast Guard of meeting the
requirements of such section.
(g) Definitions.--In this section:
(1) Commercial vessel.--The term ``commercial vessel'' means
any privately owned cargo vessel operating in the Great Lakes
during the winter season of at least 500 tons, as measured under
section 14502 of title 46, United States Code, or an alternate
tonnage measured under section 14302 of such title, as
prescribed by the Secretary under section 14104 of such title.
(2) Great lakes.--The term ``Great Lakes'' means the United
States waters of Lake Superior, Lake Michigan, Lake Huron
(including Lake St. Clair), Lake Erie, and Lake Ontario, their
connecting waterways, and their adjacent harbors, and the
connecting channels (including the following rivers and
tributaries of such rivers: Saint Mary's River, Saint Clair
River, Detroit River, Niagara River, Illinois River, Chicago
River, Fox River, Grand River, St. Joseph River, St. Louis
River, Menominee River, Muskegon River, Kalamazoo River, and
Saint Lawrence River to the Canadian border).
(3) Ice-covered waterway.--The term ``ice-covered waterway''
means any portion of the Great Lakes in which commercial vessels
or ferries operate that is 70 percent or greater covered by ice,
but does not include any waters adjacent to piers or docks for
which commercial icebreaking services are available and adequate
for the ice conditions.
(4) Open to navigation.--The term ``open to navigation''
means navigable to the extent necessary to--
(A) extricate vessels and individuals from danger;
(B) prevent damage due to flooding;
(C) meet the reasonable demands of commerce;
(D) minimize delays to passenger ferries; and
(E) conduct other Coast Guard missions as required.
(5) Reasonable demands of commerce.--The term ``reasonable
demands of commerce'' means the safe movement of commercial
vessels and ferries transiting ice-covered waterways in the
Great Lakes, regardless of type of cargo, at a speed consistent
with the design capability of Coast Guard icebreakers operating
in the Great Lakes and appropriate to the ice capability of the
commercial vessel.
SEC. 11214. CENTER OF EXPERTISE FOR GREAT LAKES OIL SPILL SEARCH
AND RESPONSE.
Section 807(d) of the Frank LoBiondo Coast Guard Authorization Act
of 2018 (14 U.S.C. 313 note) is amended to read as follows:
``(d) Definition.--In this section, the term `Great Lakes' means--
``(1) Lake Ontario;
``(2) Lake Erie;
``(3) Lake Huron (including Lake St. Clair);
``(4) Lake Michigan;
``(5) Lake Superior; and
[[Page 136 STAT. 4017]]
``(6) the connecting channels (including the following
rivers and tributaries of such rivers: Saint Mary's River, Saint
Clair River, Detroit River, Niagara River, Illinois River,
Chicago River, Fox River, Grand River, St. Joseph River, St.
Louis River, Menominee River, Muskegon River, Kalamazoo River,
and Saint Lawrence River to the Canadian border).''.
SEC. 11215. <<NOTE: Contracts.>> GREAT LAKES SNOWMOBILE
ACQUISITION PLAN.
(a) In General.--The Commandant shall develop a plan to expand
snowmobile procurement for Coast Guard units for which snowmobiles may
improve ice rescue response times while maintaining the safety of Coast
Guard personnel engaged in ice search and rescue. The plan shall include
consideration of input from Officers in Charge, commanding officers, and
commanders of such units.
(b) Elements.--The plan required under subsection (a) shall
include--
(1) a consideration of input from Officers in Charge,
commanding officers, and commanders of Coast Guard units
described in subsection (a);
(2) a detailed description of the estimated costs of
procuring, maintaining, and training members of the Coast Guard
at such units to use snowmobiles; and
(3) <<NOTE: Assessments.>> an assessment of--
(A) the degree to which snowmobiles may improve ice
rescue response times while maintaining the safety of
Coast Guard personnel engaged in ice search and rescue;
(B) the operational capabilities of a snowmobile, as
compared to an airboat, and a force laydown assessment
with respect to the assets needed for effective
operations at Coast Guard units conducting ice search
and rescue activities; and
(C) the potential risks to members of the Coast
Guard and members of the public posed by the use of
snowmobiles by members of the Coast Guard for ice search
and rescue activities.
(c) <<NOTE: Deadline. Web posting.>> Public Availability.--Not
later than 1 year after the date of enactment of this Act, the
Commandant shall finalize the plan required under subsection (a) and
make the plan available on a publicly accessible website of the Coast
Guard.
SEC. 11216. GREAT LAKES BARGE INSPECTION EXEMPTION.
Section 3302(m) of title 46, United States Code, is amended--
(1) in the matter preceding paragraph (1) by inserting ``or
a Great Lakes barge'' after ``seagoing barge''; and
(2) by striking ``section 3301(6) of this title'' and
inserting ``paragraph (6) or (13) of section 3301 of this
title''.
SEC. 11217. STUDY ON SUFFICIENCY OF COAST GUARD AVIATION ASSETS TO
MEET MISSION DEMANDS.
(a) <<NOTE: Reports.>> In General.--Not later than 1 year after the
date of enactment of this Act, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on--
(1) the force laydown of Coast Guard aviation assets; and
[[Page 136 STAT. 4018]]
(2) any geographic gaps in coverage by Coast Guard assets in
areas in which the Coast Guard has search and rescue
responsibilities.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) The distance, time, and weather challenges that MH-65
and MH-60 units may face in reaching the outermost limits of the
area of operation of Coast Guard District 8 and Coast Guard
District 9 for which such units are responsible.
(2) <<NOTE: Assessment.>> An assessment of the advantages
that Coast Guard fixed-wing assets, or an alternate rotary wing
asset, would offer to the outermost limits of any area of
operation for purposes of search and rescue, law enforcement,
ice operations, and logistical missions.
(3) A comparison of advantages and disadvantages of the
manner in which each of the Coast Guard fixed-wing aircraft
would operate in the outermost limits of any area of operation.
(4) <<NOTE: Assessment.>> A specific assessment of the
coverage gaps, including gaps in fixed-wing coverage, and
potential solutions to address such gaps in the area of
operation of Coast Guard District 8 and Coast Guard District 9,
including the eastern region of such area of operation with
regard to Coast Guard District 9 and the southern region of such
area of operation with regard to Coast Guard District 8.
Subtitle C--Arctic
SEC. 11218. <<NOTE: 14 USC 561 note.>> ESTABLISHMENT OF MEDIUM
ICEBREAKER PROGRAM OFFICE.
(a) <<NOTE: Reports.>> In General.--Not later than 180 days after
the date of enactment of this Act, the Commandant, in consultation with
the heads of the other Federal agencies as appropriate, shall submit to
the Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report to establish a fleet mix analysis with respect
to polar icebreakers and icebreaking tugs.
(b) Contents.--The report required under subsection (a) shall
include--
(1) <<NOTE: Cost. Timelines.>> a full fleet mix of heavy
and medium icebreaker and 140-foot icebreaking tug replacements,
including cost and timelines for the acquisition of such
vessels;
(2) <<NOTE: Timetable.>> a revised time table showing the
construction, commissioning, and acceptance of planned Polar
Security Cutters 1 through 3, as of the date of report;
(3) <<NOTE: Analysis. Costs. Timeline.>> a comparison and
alternatives analysis of the costs and timeline of constructing
2 Polar Security Cutters beyond the construction of 3 such
vessels rather than constructing 3 Arctic Security Cutters,
including the cost of planning, design, and engineering of a new
class of ships, which shall include the increased costs
resulting from the delays in building a new class of cutters
rather than building 2 additional cutters from an ongoing
production line;
(4) the operational benefits, limitations, and risks of a
common hull design for polar icebreaking cutters for operation
in the polar regions;
[[Page 136 STAT. 4019]]
(5) the operational benefits, limitations, and risks of a
common hull design for icebreaking tugs for operation in the
Northeastern United States; and
(6) <<NOTE: Cost. Timetable.>> the cost and timetable for
replacing the Coast Guard Cutter Healy (WAGB 20) as--
(A) a Polar Security Cutter;
(B) an Arctic Security Cutter; or
(C) <<NOTE: Determination.>> other platform as
determined by the Commandant.
(c) <<NOTE: Updates.>> Quarterly Briefings.--As part of quarterly
acquisition briefings provided by the Commandant to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives, the
Commandant shall include an update on the status of--
(1) all acquisition activities related to the Polar Security
Cutter;
(2) the performance of the entity which the Coast Guard has
contracted with for detailed design and construction of the
Polar Security Cutter; and
(3) the requirements for the planning, detailed design,
engineering, and construction of the--
(A) Arctic Security Cutter; and
(B) Great Lakes Icebreaker.
(d) Limitation.--The report required to be submitted under
subsection (a) shall not include an analysis of the Great Lakes
Icebreaker authorized under section 11104.
(e) <<NOTE: Deadlines.>> Establishment of the Arctic Security
Cutter Program Office.--
(1) Determination.--Not later than 90 days after the
submission of the report under subsection (a), the Commandant
shall determine if constructing additional Polar Security
Cutters is more cost effective and efficient than constructing 3
Arctic Security Cutters.
(2) Establishment.--If the Commandant determines under
paragraph (1) that it is more cost effective to build 3 Arctic
Security Cutters than to build additional Polar Security Cutters
or if the Commandant fails to make a determination under
paragraph (1) by June 1, 2024, the Commandant shall establish a
program office for the acquisition of the Arctic Security Cutter
not later than January 1, 2025.
(3) Requirements and design phase.--Not later than 270 days
after the date on which the Commandant establishes a program
office under paragraph (2), the Commandant shall complete the
evaluation of requirements for the Arctic Security Cutter and
initiate the design phase of the Arctic Security Cutter vessel
class.
(f) Quarterly Briefings.--Not less frequently than quarterly until
the date on which a contract for acquisition of the Arctic Security
Cutter is awarded under chapter 11 of title 14, United States Code, the
Commandant shall provide to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a briefing on the status
of requirements evaluations, design of the vessel, and schedule of the
program.
[[Page 136 STAT. 4020]]
SEC. 11219. ARCTIC ACTIVITIES.
(a) Arctic Operational Implementation Report.--Not later than 1 year
after the date of enactment of this Act, the Secretary shall submit to
the appropriate committees of Congress a report that describes the
ability and timeline to conduct a transit of the Northern Sea Route and
periodic transits of the Northwest Passage.
(b) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Transportation and
Infrastructure of the House of Representatives.
(2) Arctic.--The term ``Arctic'' has the meaning given such
term in section 112 of the Arctic Research and Policy Act of
1984 (15 U.S.C. 4111).
SEC. 11220. STUDY ON ARCTIC OPERATIONS AND INFRASTRUCTURE.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall commence
a study on the Arctic operations and infrastructure of the Coast Guard.
(b) <<NOTE: Assessments.>> Elements.--The study required under
subsection (a) shall assess the following:
(1) The extent of the collaboration between the Coast Guard
and the Department of Defense to assess, manage, and mitigate
security risks in the Arctic region.
(2) Actions taken by the Coast Guard to manage risks to
Coast Guard operations, infrastructure, and workforce planning
in the Arctic.
(3) The plans the Coast Guard has in place for managing and
mitigating the risks to commercial maritime operations and the
environment in the Arctic region.
(c) Report.--Not later than 1 year after commencing the study
required under subsection (a), the Comptroller General shall submit to
the Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report on the findings of the study.
SEC. 11221. PRIBILOF ISLAND TRANSITION COMPLETION ACTIONS.
(a) Actual Use and Occupancy Reports.--Not later than 90 days after
enactment of this Act, and quarterly thereafter, the Secretary shall
submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report describing--
(1) the degree to which Coast Guard personnel and equipment
are deployed to St. Paul Island, Alaska, in actual occupancy of
the facilities, as required under section 524 of the Pribilof
Island Transition Completion Act of 2016 (Public Law 114-120);
and
(2) the status of the activities described in subsections
(c) and (d) until such activities have been completed.
(b) Aircraft Hanger.--The Secretary may--
[[Page 136 STAT. 4021]]
(1) enter into a lease for a hangar to house deployed Coast
Guard aircraft if such hanger was previously under lease by the
Coast Guard for purposes of housing such aircraft; and
(2) enter into an agreement with the lessor of such a hanger
in which the Secretary may carry out repairs necessary to
support the deployment of such aircraft and the cost of such
repairs may be offset under the terms of the lease.
(c) Fuel Tank.--
(1) <<NOTE: Deadline. Notification.>> In general.--Not
later than 30 days after the date of enactment of this Act, the
Commandant shall notify the Alaska Native Village Corporation
for St. Paul Island, Alaska of the availability of any fuel
tank--
(A) which is located on property on St. Paul Island,
Alaska, which is leased by the Coast Guard for the
purpose of housing such a fuel tank; and
(B) for which the Commandant has determined that the
Coast Guard no longer has an operational need.
(2) Transfer.--If not later than 30 days after a
notification under subsection (a), the Alaska Native Village
Corporation for St. Paul Island, Alaska requests that the
ownership of the tank be transferred to such corporation then
the Commandant shall--
(A) after conducting any necessary environmental
remediation pursuant to the lease referred to in
paragraph (1)(A), transfer ownership of such fuel tank
to such corporation; and
(B) <<NOTE: Termination.>> upon the date of such
transfer, terminate the lease referred to in paragraph
(1)(A).
(d) Savings Clause.--Nothing in this section shall be construed to
limit any rights of the Alaska Native Village Corporation for St. Paul
to receive conveyance of all or part of the lands and improvements
related to Tract 43 under the same terms and conditions as prescribed in
section 524 of the Pribilof Island Transition Completion Act of 2016
(Public Law 114-120).
SEC. 11222. <<NOTE: Analyses.>> REPORT ON SHIPYARDS OF FINLAND
AND SWEDEN.
Not later than 2 years after the date of enactment of this Act, the
Commandant, in consultation with the Comptroller General of the United
States, shall submit to Congress a report that analyzes the shipyards of
Finland and Sweden to assess future opportunities for technical
assistance related to engineering to aid the Coast Guard in fulfilling
its future mission needs.
SEC. 11223. <<NOTE: Contracts. 14 USC 561 note.>> ACQUISITION OF
ICEBREAKER.
(a) In General.--The Commandant may acquire or procure 1 United
States built available icebreaker.
(b) Exemptions From Requirements.--
(1) In general.--Sections 1131, 1132(a)(2), 1132(c), 1133,
and 1171 of title 14, United States Code, shall not apply to an
acquisition or procurement under subsection (a).
(2) Additional exceptions.--Paragraphs (1), (3), (4), and
(5) of subsection (a) and subsections (b), (d), and (e) of
section 1132 of title 14, United States Code, shall apply to an
acquisition or procurement under subsection (a) until the first
phase of the initial acquisition or procurement is complete and
initial operating capacity is achieved.
(c) Science Mission Requirements.--For any available icebreaker
acquired or procured under subsection (a), the Commandant
[[Page 136 STAT. 4022]]
shall ensure scientific research capacity comparable to the Coast Guard
Cutter Healy (WAGB 20), for the purposes of hydrographic, bathymetric,
oceanographic, weather, atmospheric, climate, fisheries, marine mammals,
genetic and other data related to the Arctic, and other research as the
Under Secretary determines appropriate.
(d) Operations and Agreements.--
(1) Coast guard.--With respect to any available icebreaker
acquired or procured under subsection (a), the Secretary shall
be responsible for any acquisition, retrofitting, operation, and
maintenance costs necessary to achieve full operational
capability, including testing, installation, and acquisition,
including for the suite of hull-mounted, ship-provided
scientific instrumentation and equipment for data collection.
(2) National oceanic and atmospheric administration.--The
Under Secretary shall not be responsible for the costs of
retrofitting any available icebreaker acquired or procured under
subsection (a), including costs relating to--
(A) vessel maintenance, construction, operations,
and crewing other than the science party; and
(B) making such icebreaker capable of conducting the
research described in subsection (c), including design,
procurement of laboratory space and equipment, and
modification of living quarters.
(3) Responsibility of under secretary.--The Under Secretary
shall be responsible for costs related to--
(A) the science party;
(B) the scientific mission; and
(C) other scientific assets and equipment that
augment such icebreaker beyond full operational capacity
as determined by the Under Secretary and Commandant.
(4) Memorandum of agreement.--The Commandant and the Under
Secretary shall enter into a memorandum of agreement to
facilitate science activities, data collection, and other
procedures necessary to meet the requirements of this section.
(e) <<NOTE: Deadline.>> Restriction and Briefing.--Not later than 60
days after the date of enactment of this Act, the Commandant shall brief
the appropriate congressional committees with respect to available
icebreaker acquired or procured under subsection (a) on--
(1) a proposed concept of operations of such icebreaker;
(2) <<NOTE: Cost estimate.>> a detailed cost estimate for
such icebreaker, including estimated costs for acquisition,
modification, shoreside infrastructure, crewing, and maintaining
such an icebreaker by year for the estimated service life of
such icebreaker; and
(3) the expected capabilities of such icebreaker as compared
to the capabilities of a fully operational Coast Guard built
Polar Security Cutter for each year in which such an icebreaker
is anticipated to serve in lieu of such a cutter and the
projected annual costs to achieve such anticipated capabilities.
(f) Interim Report.--Not later than 30 days after the date of
enactment of this Act, and not later than every 90 days thereafter until
any available icebreaker acquired or procured under subsection (a) has
reached full operational capability, the Commandant shall provide to the
appropriate Committees of Congress an interim report of the status and
progress of all elements under subsection (d).
[[Page 136 STAT. 4023]]
(g) Rule of Construction.--Nothing in this section shall effect
acquisitions of vessels by the Under Secretary.
(h) Savings Clause.--
(1) In general.--Any operations necessary for the saving of
life or property at sea, response to environmental pollution,
national security, defense readiness, or other missions as
determined by the Commandant shall take priority over any
scientific or economic missions under subsection (c).
(2) Augmentation.--Any available icebreaker acquired or
procured under subsection (a) shall augment the Coast Guard
mission in the Arctic, including by conducting operations and
missions that are in addition to missions conducted by the Coast
Guard Cutter Healy (WAGB 20) in the region.
(i) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives and the Committee
on Commerce, Science, and Transportation and the Committee on
Appropriations of the Senate.
(2) Arctic.--The term ``Arctic'' has the meaning given such
term in section 112 of the Arctic Research and Policy Act of
1984 (15 U.S.C. 4111).
(3) Available icebreaker.--The term ``available icebreaker''
means a vessel that--
(A) is capable of--
(i) supplementing United States Coast Guard
polar icebreaking capabilities in the Arctic
region of the United States;
(ii) projecting United States sovereignty;
(iii) ensuring a continuous operational
capability in the Arctic region of the United
States;
(iv) carrying out the primary duty of the
Coast Guard described in section 103(7) of title
14, United States Code; and
(v) collecting hydrographic, environmental,
and climate data; and
(B) is documented with a coastwise endorsement under
chapter 121 of title 46, United States Code.
(4) Under secretary.--The term ``Under Secretary'' means the
Under Secretary of Commerce for Oceans and Atmosphere.
(j) Sunset.--The authority under subsections (a) through (c) shall
expire on the date that is 3 years after the date of enactment of this
Act.
Subtitle D--Maritime Cyber and Artificial Intelligence
SEC. 11224. <<NOTE: 14 USC 504 note.>> ENHANCING MARITIME
CYBERSECURITY.
(a) Definitions.--In this section:
(1) Cyber incident.--The term ``cyber incident'' means an
occurrence that actually or imminently jeopardizes, without
lawful authority, the integrity, confidentiality, or
availability of information on an information system, or
actually or imminently jeopardizes, without lawful authority, an
information system.
[[Page 136 STAT. 4024]]
(2) Maritime operators.--The term ``maritime operators''
means the owners or operators of vessels engaged in commercial
service, the owners or operators of facilities, and port
authorities.
(3) Facilities.--The term ``facilities'' has the meaning
given the term ``facility'' in section 70101 of title 46, United
States Code.
(b) Public Availability of Cybersecurity Tools and Resources.--
(1) <<NOTE: Deadline.>> In general.--Not later than 2 years
after the date of enactment of this Act, the Commandant, in
coordination with the Administrator of the Maritime
Administration, the Director of the Cybersecurity and
Infrastructure Security Agency, and the Director of the National
Institute of Standards and Technology, shall identify and make
available to the public a list of tools and resources, including
the resources of the Coast Guard and the Cybersecurity and
Infrastructure Security Agency, designed to assist maritime
operators in identifying, detecting, protecting against,
mitigating, responding to, and recovering from cyber incidents.
(2) Identification.--In carrying out paragraph (1), the
Commandant, the Administrator of the Maritime Administration,
the Director of the Cybersecurity and Infrastructure Security
Agency, and the Director of the National Institute of Standards
and Technology shall identify tools and resources that--
(A) <<NOTE: Compliance.>> comply with the
cybersecurity framework for improving critical
infrastructure established by the National Institute of
Standards and Technology; or
(B) use the guidelines on maritime cyber risk
management issued by the International Maritime
Organization on July 5, 2017 (or successor guidelines).
(3) Consultation.--The Commandant, the Administrator of the
Maritime Administration, the Director of the Cybersecurity and
Infrastructure Security Agency, and the Director of the National
Institute of Standards and Technology may consult with maritime
operators, other Federal agencies, industry stakeholders, and
cybersecurity experts to identify tools and resources for
purposes of this section.
SEC. 11225. ESTABLISHMENT OF UNMANNED SYSTEM PROGRAM AND
AUTONOMOUS CONTROL AND COMPUTER VISION
TECHNOLOGY PROJECT.
(a) In General.--Section 319 of title 14, United States Code, is
amended to read as follows:
``Sec. 319. Unmanned system program and autonomous control and
computer vision technology project
``(a) <<NOTE: Deadline.>> Unmanned System Program.--Not later than
2 years after the date of enactment of this section, the Secretary shall
establish, under the control of the Commandant, an unmanned system
program for the use by the Coast Guard of land-based, cutter-based, and
aircraft-based unmanned systems for the purpose of increasing
effectiveness and efficiency of mission execution.
``(b) Autonomous Control and Computer Vision Technology Project.--
[[Page 136 STAT. 4025]]
``(1) In general.--The Commandant shall conduct a project to
retrofit 2 or more existing Coast Guard small boats deployed at
operational units with--
``(A) commercially available autonomous control and
computer vision technology; and
``(B) such sensors and methods of communication as
are necessary to control, and technology to assist in
conducting, search and rescue, surveillance, and
interdiction missions.
``(2) <<NOTE: Evaluation.>> Data collection.--As part of
the project required under paragraph (1), the Commandant shall
collect and evaluate field-collected operational data from the
retrofit described in such paragraph to inform future
requirements.
``(3) <<NOTE: Deadline. Evaluation.>> Briefing.--Not later
than 180 days after the date on which the project required under
paragraph (1) is completed, the Commandant shall provide to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives a briefing on the project that includes
an evaluation of the data collected from the project.
``(c) Unmanned System Defined.--In this section, the term `unmanned
system' means--
``(1) an unmanned aircraft system (as such term is defined
in section 44801 of title 49);
``(2) an unmanned marine surface system; and
``(3) an unmanned marine subsurface system.''.
(b) Clerical Amendment.--The analysis for chapter 3 of title 14,
United States Code, <<NOTE: 14 USC prec. 301.>> is amended by striking
the item relating to section 319 and inserting the following:
``319. Unmanned system program and autonomous control and computer
vision technology project.''.
(c) <<NOTE: Deadline. Strategies. Contracts.>> Submission to
Congress.--Not later than 180 days after the date of enactment of this
Act, the Commandant shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a detailed
description of the strategy of the Coast Guard to implement unmanned
systems across mission areas, including--
(1) the steps taken to implement actions recommended in the
consensus study report of the National Academies of Sciences,
Engineering, and Medicine titled ``Leveraging Unmanned Systems
for Coast Guard Missions: A Strategic Imperative'', published on
November 12, 2020;
(2) the strategic goals and acquisition strategies for
proposed uses and procurements of unmanned systems;
(3) a strategy to sustain competition and innovation for
procurement of unmanned systems and services for the Coast
Guard, including defining opportunities for new and existing
technologies; and
(4) <<NOTE: Estimates.>> an estimate of the timeline,
costs, staff resources, technology, or other resources necessary
to accomplish the strategy.
(d) <<NOTE: Deadline.>> Cost Assessment.--Not later than 1 year
after the date of the enactment of this Act, the Commandant shall
provide to Congress an estimate of the costs associated with
implementing the amendments made by this section.
[[Page 136 STAT. 4026]]
SEC. 11226. <<NOTE: 14 USC 504 note.>> ARTIFICIAL INTELLIGENCE
STRATEGY.
(a) Coordination of Data and Artificial Intelligence Activities
Relating to Identifying, Demonstrating, and Where Appropriate
Transitioning to Operational Use.--
(1) In general.--The Commandant shall coordinate data and
artificial intelligence activities relating to identifying,
demonstrating and where appropriate transitioning to operational
use of artificial intelligence technologies when such
technologies enhance mission capability or performance.
(2) Emphasis.--The set of activities established under
paragraph (1) shall--
(A) <<NOTE: Applicability.>> apply data analytics,
artificial intelligence, and machine-learning solutions
to operational and mission-support problems; and
(B) coordinate activities involving artificial
intelligence and artificial intelligence-enabled
capabilities within the Coast Guard.
(b) Designated Official.--
(1) <<NOTE: Deadline.>> In general.--Not later than 1 year
after the date of enactment of this Act, the Commandant shall
designate a senior official of the Coast Guard (referred to in
this section as the ``designated official'') with the principal
responsibility for the coordination of data and artificial
intelligence activities relating to identifying, demonstrating,
and, where appropriate, transitioning to operational use
artificial intelligence and machine learning for the Coast
Guard.
(2) Governance and oversight of artificial intelligence and
machine learning policy.--The designated official shall
regularly convene appropriate officials of the Coast Guard--
(A) to integrate the functional activities of the
Coast Guard with respect to data, artificial
intelligence, and machine learning;
(B) to ensure that there are efficient and effective
data, artificial intelligence, and machine-learning
capabilities throughout the Coast Guard, where
appropriate; and
(C) to develop and continuously improve research,
innovation, policy, joint processes, and procedures to
facilitate the coordination of data and artificial
intelligence activities relating to identification,
demonstration, and, where appropriate, transition into
operational use artificial intelligence and machine
learning throughout the Coast Guard.
(c) Strategic Plan.--
(1) In general.--The designated official shall develop a
strategic plan to coordinate activities relating to identifying,
demonstrating, and transitioning artificial intelligence
technologies into operational use where appropriate.
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) A strategic roadmap for the coordination of data
and artificial intelligence activities for the
identification, demonstration, and transition to
operational use, where appropriate, artificial
intelligence technologies and key enabling capabilities.
(B) The continuous identification, evaluation, and
adaptation of relevant artificial intelligence
capabilities
[[Page 136 STAT. 4027]]
adopted by the Coast Guard and developed and adopted by
other organizations for military missions and business
operations.
(C) Consideration of the identification, adoption,
and procurement of artificial intelligence technologies
for use in operational and mission support activities.
(3) <<NOTE: Deadline.>> Submission to commandant.--Not
later than 2 years after the date of enactment of this Act, the
designated official shall submit to the Commandant the plan
developed under paragraph (1).
(4) <<NOTE: Deadline.>> Submission to congress.--Not later
than 2 years after the date of enactment of this Act, the
Commandant shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives the plan developed under paragraph (1).
SEC. 11227. REVIEW OF ARTIFICIAL INTELLIGENCE APPLICATIONS AND
ESTABLISHMENT OF PERFORMANCE METRICS.
(a) <<NOTE: Deadline.>> In General.--Not later than 2 years after
the date of enactment of this Act, the Commandant shall--
(1) review the potential applications of artificial
intelligence and digital technology to the platforms, processes,
and operations of the Coast Guard;
(2) identify the resources necessary to improve the use of
artificial intelligence and digital technology in such
platforms, processes, and operations; and
(3) establish performance objectives and accompanying
metrics for the incorporation of artificial intelligence and
digital readiness into such platforms, processes, and
operations.
(b) Performance Objectives and Accompanying Metrics.--
(1) Skill gaps.--In carrying out subsection (a), the
Commandant shall--
(A) <<NOTE: Review. Assessment.>> conduct a
comprehensive review and assessment of--
(i) skill gaps in the fields of software
development, software engineering, data science,
and artificial intelligence;
(ii) the qualifications of civilian personnel
needed for both management and specialist tracks
in such fields; and
(iii) the qualifications of military personnel
(officer and enlisted) needed for both management
and specialist tracks in such fields; and
(B) establish recruiting, training, and talent
management performance objectives and accompanying
metrics for achieving and maintaining staffing levels
needed to fill identified gaps and meet the needs of the
Coast Guard for skilled personnel.
(2) <<NOTE: Assessments.>> AI modernization activities.--In
carrying out subsection (a), the Commandant shall--
(A) assess investment by the Coast Guard in
artificial intelligence innovation, science and
technology, and research and development;
(B) assess investment by the Coast Guard in test and
evaluation of artificial intelligence capabilities;
[[Page 136 STAT. 4028]]
(C) assess the integration of, and the resources
necessary to better use artificial intelligence in
wargames, exercises, and experimentation;
(D) assess the application of, and the resources
necessary to better use, artificial intelligence in
logistics and sustainment systems;
(E) assess the integration of, and the resources
necessary to better use, artificial intelligence for
administrative functions;
(F) establish performance objectives and
accompanying metrics for artificial intelligence
modernization activities of the Coast Guard; and
(G) identify the resources necessary to effectively
use artificial intelligence to carry out the missions of
the Coast Guard.
(c) Report to Congress.--Not later than 180 days after the
completion of the review required under subsection (a)(1), the
Commandant shall submit to the Committee on Commerce, Science, and
Transportation and the Committee on Appropriations of the Senate and the
Committee on Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives a report on--
(1) the findings of the Commandant with respect to such
review and any action taken or proposed to be taken by the
Commandant, and the resources necessary to address such
findings;
(2) the performance objectives and accompanying metrics
established under subsections (a)(3) and (b)(1)(B); and
(3) <<NOTE: Recommenda- tion.>> any recommendation with
respect to proposals for legislative change necessary to
successfully implement artificial intelligence applications
within the Coast Guard.
SEC. 11228. <<NOTE: 14 USC 504 note.>> CYBER DATA MANAGEMENT.
(a) In General.--The Commandant and the Director of the
Cybersecurity and Infrastructure Security Agency shall--
(1) <<NOTE: Procedures.>> develop policies, processes, and
operating procedures governing--
(A) access to and the ingestion, structure, storage,
and analysis of information and data relevant to the
Coast Guard Cyber Mission, including--
(i) intelligence data relevant to Coast Guard
missions;
(ii) internet traffic, topology, and activity
data relevant to such missions; and
(iii) cyber threat information relevant to
such missions; and
(B) data management and analytic platforms relating
to such missions; and
(2) <<NOTE: Evaluation.>> evaluate data management
platforms referred to in paragraph (1)(B) to ensure that such
platforms operate consistently with the Coast Guard Data
Strategy.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Commandant shall submit to the Committee on Commerce,
Science, and Transportation and the Committee on Homeland Security and
Governmental Affairs of the Senate and
[[Page 136 STAT. 4029]]
the Committee on Transportation and Infrastructure and the Committee on
Homeland Security of the House of Representatives a report that
includes--
(1) <<NOTE: Assessment.>> an assessment of the progress on
the activities required by subsection (a); and
(2) <<NOTE: Recommenda- tions.>> any recommendation with
respect to funding or additional authorities necessary,
including proposals for legislative change, to improve Coast
Guard cyber data management.
SEC. 11229. DATA MANAGEMENT.
Section 504(a) of title 14, United States Code, is amended--
(1) in paragraph (24) by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (25) by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(26) develop data workflows and processes for the
leveraging of mission-relevant data by the Coast Guard to
enhance operational effectiveness and efficiency.''.
SEC. 11230. STUDY ON CYBER THREATS TO UNITED STATES MARINE
TRANSPORTATION SYSTEM.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall commence
a study on cyber threats to the United States marine transportation
system.
(b) Elements.--The study required under paragraph (1) shall assess
the following:
(1) The extent to which the Coast Guard, in collaboration
with other Federal agencies, sets standards for the
cybersecurity of facilities and vessels regulated under part
104, 105, or 106 of title 33, Code of Federal Regulations, as in
effect on the date of enactment of this Act.
(2) The manner in which the Coast Guard ensures
cybersecurity standards are followed by port, vessel, and
facility owners and operators.
(3) The extent to which maritime sector-specific planning
addresses cybersecurity, particularly for vessels and offshore
platforms.
(4) The manner in which the Coast Guard, other Federal
agencies, and vessel and offshore platform operators exchange
information regarding cyber risks.
(5) The extent to which the Coast Guard is developing and
deploying cybersecurity specialists in port and vessel systems
and collaborating with the private sector to increase the
expertise of the Coast Guard with respect to cybersecurity.
(6) The cyber resource and workforce needs of the Coast
Guard necessary to meet future mission demands.
(c) Report.--Not later than 1 year after commencing the study
required under subsection (a), the Comptroller General shall submit to
the Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report on the findings of the study.
(d) Facility Defined.--In this section, the term ``facility'' has
the meaning given the term in section 70101 of title 46, United States
Code.
[[Page 136 STAT. 4030]]
Subtitle E--Aviation
SEC. 11231. SPACE-AVAILABLE TRAVEL ON COAST GUARD AIRCRAFT:
PROGRAM AUTHORIZATION AND ELIGIBLE
RECIPIENTS.
(a) In General.--Subchapter I of chapter 5 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 509. <<NOTE: 14 USC 509.>> Space-available travel on Coast
Guard aircraft
``(a) Establishment.--
``(1) In general.--The Commandant may establish a program to
provide transportation on Coast Guard aircraft on a space-
available basis to the categories of eligible individuals
described in subsection (c) (in this section referred to as the
`program').
``(2) <<NOTE: Deadline.>> Policy development.--Not later
than 1 year after the date on which the program is established,
the Commandant shall develop a policy for the operation of the
program.
``(b) Operation of Program.--
``(1) In general.--The Commandant shall operate the program
in a budget-neutral manner.
``(2) Limitations.--
``(A) In general.--Except as provided in
subparagraph (B), no additional funds may be used, or
flight hours performed, for the purpose of providing
transportation under the program.
``(B) De minimis expenditures.--The Commandant may
make de minimis expenditures of resources required for
the administrative aspects of the program.
``(3) Reimbursement not required.--Eligible individuals
described in subsection (c) shall not be required to reimburse
the Coast Guard for travel provided under this section.
``(c) Categories of Eligible Individuals.--Subject to subsection
(d), the categories of eligible individuals described in this subsection
are the following:
``(1) Members of the armed forces on active duty.
``(2) Members of the Selected Reserve who hold a valid
Uniformed Services Identification and Privilege Card.
``(3) Retired members of a regular or reserve component of
the armed forces, including retired members of reserve
components who, but for being under the eligibility age
applicable under section 12731 of title 10, would be eligible
for retired pay under chapter 1223 of title 10.
``(4) Subject to subsection (f), veterans with a permanent
service-connected disability rated as total.
``(5) Such categories of dependents of individuals described
in paragraphs (1) through (3) as the Commandant shall specify in
the policy under subsection (a)(2), under such conditions and
circumstances as the Commandant shall specify in such policy.
``(6) Such other categories of individuals as the Commandant
considers appropriate.
``(d) Requirements.--In operating the program, the Commandant
shall--
``(1) in the sole discretion of the Commandant, establish an
order of priority for transportation for categories of eligible
[[Page 136 STAT. 4031]]
individuals that is based on considerations of military
necessity, humanitarian concerns, and enhancement of morale;
``(2) give priority in consideration of transportation to
the demands of members of the armed forces in the regular
components and in the reserve components on active duty and to
the need to provide such members, and their dependents, a means
of respite from such demands; and
``(3) implement policies aimed at ensuring cost control (as
required under subsection (b)) and the safety, security, and
efficient processing of travelers, including limiting the
benefit under the program to 1 or more categories of otherwise
eligible individuals, as the Commandant considers necessary.
``(e) Transportation.--
``(1) In general.--Notwithstanding subsection (d)(1), in
establishing space-available transportation priorities under the
program, the Commandant shall provide transportation for an
individual described in paragraph (2), and a single dependent of
the individual if needed to accompany the individual, at a
priority level in the same category as the priority level for an
unaccompanied dependent over the age of 18 years traveling on
environmental and morale leave.
``(2) <<NOTE: Applicability.>> Individuals covered.--
Subject to paragraph (3), paragraph (1) applies with respect to
an individual described in subsection (c)(3) who--
``(A) resides in or is located in a Commonwealth or
possession of the United States; and
``(B) is referred by a military or civilian primary
care provider located in that Commonwealth or possession
to a specialty care provider for services to be provided
outside of such Commonwealth or possession.
``(3) Application to certain retired individuals.--If an
individual described in subsection (c)(3) is a retired member of
a reserve component who is ineligible for retired pay under
chapter 1223 of title 10 by reason of being under the
eligibility age applicable under section 12731 of title 10,
paragraph (1) applies to the individual only if the individual
is also enrolled in the TRICARE program for certain members of
the Retired Reserve authorized under section 1076e of title 10.
``(4) Priority.--The priority for space-available
transportation required by this subsection applies with respect
to--
``(A) the travel from the Commonwealth or possession
of the United States to receive the specialty care
services; and
``(B) the return travel.
``(5) Primary care provider and specialty care provider
defined.--In this subsection, the terms `primary care provider'
and `specialty care provider' refer to a medical or dental
professional who provides health care services under chapter 55
of title 10.
``(f) Limitations on Travel.--
``(1) In general.--Travel may not be provided under this
section to a veteran eligible for travel pursuant to paragraph
(4) of subsection (c) in priority over any member eligible for
travel under paragraph (1) of that subsection or any dependent
of such a member eligible for travel under this section.
``(2) Rule of construction.--Subsection (c)(4) may not be
construed as--
[[Page 136 STAT. 4032]]
``(A) affecting or in any way imposing on the Coast
Guard, any armed force, or any commercial entity with
which the Coast Guard or an armed force contracts, an
obligation or expectation that the Coast Guard or such
armed force will retrofit or alter, in any way, military
aircraft or commercial aircraft, or related equipment or
facilities, used or leased by the Coast Guard or such
armed force to accommodate passengers provided travel
under such authority on account of disability; or
``(B) <<NOTE: Determination.>> preempting the
authority of an aircraft commander to determine who
boards the aircraft and any other matters in connection
with safe operation of the aircraft.
``(g) Application of Section.--The authority to provide
transportation under the program is in addition to any other authority
under law to provide transportation on Coast Guard aircraft on a space-
available basis.''.
(b) Clerical Amendment.--The analysis for chapter 5 of title 14,
United States Code, <<NOTE: 14 USC prec. 501.>> is amended by inserting
after the item relating to section 508 the following:
``509. Space-available travel on Coast Guard aircraft.''.
SEC. 11232. <<NOTE: Hawaii.>> REPORT ON COAST GUARD AIR STATION
BARBERS POINT HANGAR.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Commandant shall submit to the Committee on Commerce,
Science, and Transportation and the Committee on Appropriations of the
Senate and the Committee on Transportation and Infrastructure and the
Committee on Appropriations of the House of Representatives a report on
facilities requirements for constructing a hangar at Coast Guard Air
Station Barbers Point at Oahu, Hawaii.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of the--
(A) $45,000,000 phase one design for the hangar at
Coast Guard Air Station Barbers Point funded by the
Consolidated Appropriations Act, 2021 (Public Law 116-
260; 134 Stat. 1132); and
(B) phase two facility improvements referenced in
the U.S. Coast Guard Unfunded Priority List for fiscal
year 2023.
(2) <<NOTE: Evaluation.>> An evaluation of the full
facilities requirements for such hangar and maintenance facility
improvements to house, maintain, and operate the MH-65 and HC-
130J, including--
(A) storage and provision of fuel; and
(B) maintenance and parts storage facilities.
(3) <<NOTE: Evaluation.>> An evaluation of facilities
growth requirements for possible future basing of the MH-60 with
the C-130J at Coast Guard Air Station Barbers Point.
(4) A description of and cost estimate for each project
phase for the construction of such hangar and maintenance
facility improvements.
(5) A description of the plan for sheltering in the hangar
during extreme weather events aircraft of the Coast Guard and
partner agencies, such as the National Oceanic and Atmospheric
Administration.
[[Page 136 STAT. 4033]]
(6) A description of the risks posed to operations at Coast
Guard Air Station Barbers Point if future project phases for the
construction of such hangar are not funded.
SEC. 11233. STUDY ON OPERATIONAL AVAILABILITY OF COAST GUARD
AIRCRAFT AND STRATEGY FOR COAST GUARD
AVIATION.
(a) Study.--
(1) <<NOTE: Deadline.>> In general.--Not later than 1 year
after the date of enactment of this Act, the Comptroller General
of the United States shall commence a study on the operational
availability of Coast Guard aircraft.
(2) Elements.--The study required under paragraph (1) shall
include the following:
(A) <<NOTE: Assessments.>> An assessment of--
(i) the extent to which the fixed-wing and
rotary-wing aircraft of the Coast Guard have met
annual operational availability targets in recent
years;
(ii) the challenges the Coast Guard may face
with respect to such aircraft meeting operational
availability targets, and the effects of such
challenges on the ability of the Coast Guard to
meet mission requirements; and
(iii) the status of Coast Guard efforts to
upgrade or recapitalize its fleet of such aircraft
to meet growth in future mission demands globally,
such as in the Western Hemisphere, the Arctic
region, and the Western Pacific region.
(B) <<NOTE: Recommenda- tion.>> Any recommendation
with respect to the operational availability of Coast
Guard aircraft.
(C) The resource and workforce requirements
necessary for Coast Guard Aviation to meet current and
future mission demands specific to each rotary-wing and
fixed-wing airframe type in the current inventory of the
Coast Guard.
(3) Report.--On completion of the study required under
paragraph (1), the Comptroller General shall submit to the
Commandant a report on the findings of the study.
(b) Coast Guard Aviation Strategy.--
(1) <<NOTE: Deadline.>> In general.--Not later than 180
days after the date on which the study under subsection (a) is
completed, the Commandant shall develop a comprehensive strategy
for Coast Guard Aviation that is informed by the relevant
recommendations and findings of the study.
(2) Elements.--The strategy required under paragraph (1)
shall include the following:
(A) With respect to aircraft of the Coast Guard--
(i) <<NOTE: Analysis.>> an analysis of--
(I) the current and future
operations and future resource needs,
including the potential need for a
second rotary wing airframe to carry out
cutter-based operations and National
Capital Region air interdiction mission;
and
(II) the manner in which such future
needs are integrated with the Future
Vertical Lift initiatives of the
Department of Defense; and
(ii) <<NOTE: Timeline.>> an estimated
timeline with respect to when such future needs
will arise.
(B) The projected number of aviation assets, the
locations at which such assets are to be stationed, the
cost
[[Page 136 STAT. 4034]]
of operation and maintenance of such assets, and an
assessment of the capabilities of such assets as
compared to the missions they are expected to execute,
at the completion of major procurement and modernization
plans.
(C) <<NOTE: Procurement plan. Timetable.>> A
procurement plan, including an estimated timetable and
the estimated appropriations necessary for all
platforms, including unmanned aircraft.
(D) <<NOTE: Training plan.>> A training plan for
pilots and aircrew that addresses--
(i) the use of simulators owned and operated
by the Coast Guard, and simulators that are not
owned or operated by the Coast Guard, including
any such simulators based outside the United
States; and
(ii) the costs associated with attending
training courses.
(E) <<NOTE: Requirements.>> Current and future
requirements for cutter and land-based deployment of
aviation assets globally, including in the Arctic, the
Eastern Pacific, the Western Pacific, the Caribbean, the
Atlantic Basin, and any other area the Commandant
considers appropriate.
(F) A description of the feasibility of deploying,
and the resource requirements necessary to deploy,
rotary-winged assets onboard all future Arctic cutter
patrols.
(G) <<NOTE: Evaluation.>> An evaluation of current
and future facilities needs for Coast Guard aviation
units.
(H) <<NOTE: Evaluation.>> An evaluation of pilot
and aircrew training and retention needs, including
aviation career incentive pay, retention bonuses, and
any other workforce tools the Commandant considers
necessary.
(3) <<NOTE: Deadline.>> Briefing.--Not later than 180 days
after the date on which the strategy required under paragraph
(1) is completed, the Commandant shall provide to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a briefing on the strategy.
Subtitle F--Workforce Readiness
SEC. 11234. <<NOTE: Determinations.>> AUTHORIZED STRENGTH.
Section 3702 of title 14, United States Code, is amended by adding
at the end the following:
``(c) The Secretary may vary the authorized end strength of the
Coast Guard Selected Reserves for a fiscal year by a number equal to not
more than 3 percent of such end strength upon a determination by the
Secretary that varying such authorized end strength is in the national
interest.
``(d) The Commandant may increase the authorized end strength of the
Coast Guard Selected Reserves by a number equal to not more than 2
percent of such authorized end strength upon a determination by the
Commandant that such increase would enhance manning and readiness in
essential units or in critical specialties or ratings.''.
[[Page 136 STAT. 4035]]
SEC. 11235. CONTINUATION OF OFFICERS WITH CERTAIN CRITICAL SKILLS
ON ACTIVE DUTY.
(a) In General.--Chapter 21 of title 14, United States Code, is
amended by inserting after section 2165 the following:
``Sec. 2166. <<NOTE: 14 USC 2166.>> Continuation on active duty;
Coast Guard officers with certain critical
skills
``(a) In General.--The Commandant may authorize an officer in a
grade above grade O-2 to remain on active duty after the date otherwise
provided for the retirement of such officer in section 2154 of this
title, if the officer possesses a critical skill, or specialty, or is in
a career field designated pursuant to subsection (b).
``(b) Critical Skills, Specialty, or Career Field.--The Commandant
shall designate any critical skill, specialty, or career field eligible
for continuation on active duty as provided in subsection (a).
``(c) Duration of Continuation.--An officer continued on active duty
pursuant to this section shall, if not earlier retired, be retired on
the first day of the month after the month in which the officer
completes 40 years of active service.
``(d) Policy.--The Commandant shall carry out this section by
prescribing policy which shall specify the criteria to be used in
designating any critical skill, specialty, or career field for purposes
of subsection (b).''.
(b) Clerical Amendment.--The analysis for chapter 21 of title 14,
United States Code, <<NOTE: 14 USC prec. 2101.>> is amended by
inserting after the item relating to section 2165 the following:
``2166. Continuation on active duty; Coast Guard officers with certain
critical skills.''.
SEC. 11236. NUMBER AND DISTRIBUTION OF OFFICERS ON ACTIVE DUTY
PROMOTION LIST.
(a) Maximum Number of Officers.--Section 2103(a) of title 14, United
States Code, is amended to read as follows:
``(a) <<NOTE: Time periods.>> Maximum Total Number.--
``(1) In general.--The total number of Coast Guard
commissioned officers on the active duty promotion list,
excluding warrant officers, shall not exceed--
``(A) 7,100 in fiscal year 2022;
``(B) 7,200 in fiscal year 2023;
``(C) 7,300 in fiscal year 2024; and
``(D) 7,400 in fiscal year 2025 and each subsequent
fiscal year.
``(2) Temporary increase.--Notwithstanding paragraph (1),
the Commandant may temporarily increase the total number of
commissioned officers permitted under such paragraph by up to 4
percent for not more than 60 days after the date of the
commissioning of a Coast Guard Academy class.
``(3) <<NOTE: Deadline.>> Notification.--Not later than 30
days after exceeding the total number of commissioned officers
permitted under paragraphs (1) and (2), and each 30 days
thereafter until the total number of commissioned officers no
longer exceeds the number of such officers permitted under
paragraphs (1) and (2), the Commandant shall notify the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of
[[Page 136 STAT. 4036]]
the Senate of the number of officers on the active duty
promotion list on the last day of the preceding 30-day
period.''.
(b) Officers Not on Active Duty Promotion List.--
(1) In general.--Chapter 51 of title 14, United States Code,
is amended by adding at the end the following:
``Sec. 5113. <<NOTE: 14 USC 5113.>> Officers not on active duty
promotion list
``Not <<NOTE: Deadline.>> later than 60 days after the date on
which the President submits to Congress a budget pursuant to section
1105 of title 31, the Commandant shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate the
number of Coast Guard officers serving at other Federal entities on a
reimbursable basis, and the number of Coast Guard officers who are
serving at other Federal agencies on a non-reimbursable basis, but not
on the active duty promotion list.''.
(2) Clerical amendment.--The analysis for chapter 51 of
title 14, United States Code, <<NOTE: 14 USC prec. 5101.>> is
amended by adding at the end the following:
``5113. Officers not on active duty promotion list.''.
SEC. 11237. <<NOTE: 37 USC 352 note.>> CAREER INCENTIVE PAY FOR
MARINE INSPECTORS.
(a) Authority To Provide Assignment Pay or Special Duty Pay.--The
Secretary may provide assignment pay or special duty pay under section
352 of title 37, United States Code, to a member of the Coast Guard
serving in a prevention position and assigned as a marine inspector or
marine investigator pursuant to section 312 of title 14, United States
Code.
(b) Annual Briefing.--
(1) <<NOTE: Deadline.>> In general.--Not later than 180
days after the date of enactment of this Act, and annually
thereafter, the Secretary shall provide to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a briefing on any uses of the authority under
subsection (a) during the preceding year.
(2) Elements.--Each briefing required under paragraph (1)
shall include the following:
(A) The number of members of the Coast Guard serving
as marine inspectors or marine investigators pursuant to
section 312 of title 14, United States Code, who are
receiving assignment pay or special duty pay under
section 352 of title 37, United States Code.
(B) <<NOTE: Assessment.>> An assessment of the
impact of the use of the authority under this section on
the effectiveness and efficiency of the Coast Guard in
administering the laws and regulations for the promotion
of safety of life and property on and under the high
seas and waters subject to the jurisdiction of the
United States.
(C) <<NOTE: Assessment.>> An assessment of the
effects of assignment pay and special duty pay on
retention of marine inspectors and investigators.
(D) If the authority provided in subsection (a) is
not exercised, a detailed justification for not
exercising such authority, including an explanation of
the efforts the Secretary is taking to ensure that the
Coast Guard workforce
[[Page 136 STAT. 4037]]
contains an adequate number of qualified marine
inspectors.
(c) Study.--
(1) <<NOTE: Deadline. Time period.>> In general.--Not later
than 2 years after the date of enactment of this Act, the
Secretary, in coordination with the Director of the National
Institute for Occupational Safety and Health, shall conduct a
study on the health of marine inspectors and marine
investigators who have served as such inspectors or
investigators for a period of not less than 10 years.
(2) Elements.--The study required under paragraph (1) shall
include the following:
(A) <<NOTE: Evaluations.>> An evaluation of--
(i) the daily vessel inspection duties of
marine inspectors and marine investigators,
including the examination of internal cargo tanks
and voids and new construction activities;
(ii) major incidents to which marine
inspectors and marine investigators have had to
respond, and any other significant incident, such
as a vessel casualty, that has resulted in the
exposure of marine inspectors and marine
investigators to hazardous chemicals or
substances; and
(iii) the types of hazardous chemicals or
substances to which marine inspectors and marine
investigators have been exposed relative to the
effects such chemicals or substances have had on
marine inspectors and marine investigators.
(B) <<NOTE: Review. Analysis.>> A review and
analysis of the current Coast Guard health and safety
monitoring systems, and recommendations for improving
such systems, specifically with respect to the exposure
of members of the Coast Guard to hazardous substances
while carrying out inspections and investigation duties.
(C) Any other element the Secretary considers
appropriate.
(3) Report.--Upon completion of the study required under
paragraph (1), the Secretary shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the findings of the study and
recommendations for actions the Commandant should take to
improve the health and exposure of marine inspectors and marine
investigators.
(d) Termination.--The authority provided by subsection (a) shall
terminate on December 31, 2028.
SEC. 11238. EXPANSION OF ABILITY FOR SELECTION BOARD TO RECOMMEND
OFFICERS OF PARTICULAR MERIT FOR
PROMOTION.
Section 2116(c)(1) of title 14, United States Code, is amended, in
the second sentence, by inserting ``three times'' after ``may not
exceed''.
SEC. 11239. MODIFICATION TO EDUCATION LOAN REPAYMENT PROGRAM.
(a) In General.--Section 2772 of title 14, United States Code, is
amended to read as follows:
[[Page 136 STAT. 4038]]
``Sec. 2772. Education loan repayment program for members on
active duty in specified military specialties
``(a) In General.--
``(1) Repayment.--Subject to the provisions of this section,
the Secretary may repay--
``(A) any loan made, insured, or guaranteed
under part B of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1071 et seq.);
``(B) any loan made under part D of such title
(the William D. Ford Federal Direct Loan Program,
20 U.S.C. 1087a et seq.);
``(C) any loan made under part E of such title
(20 U.S.C. 1087aa et seq.); or
``(D) any loan incurred for educational
purposes made by a lender that is--
``(i) an agency or instrumentality
of a State;
``(ii) a financial or credit
institution (including an insurance
company) that is subject to examination
and supervision by an agency of the
United States or any State;
``(iii) a pension fund approved by
the Secretary for purposes of this
section; or
``(iv) a nonprofit private entity
designated by a State, regulated by such
State, and approved by the Secretary for
purposes of this section.
``(2) Requirement.--Repayment of any such loan shall be made
on the basis of each complete year of service performed by the
borrower.
``(3) Eligibility.--The Secretary may repay loans described
in paragraph (1) in the case of any person for service performed
on active duty as a member in an officer program or military
specialty specified by the Secretary.
``(b) Amount.--The portion or amount of a loan that may be repaid
under subsection (a) is 33\1/3\ percent or $1,500, whichever is greater,
for each year of service.
``(c) Interest Accrual.--If a portion of a loan is repaid under this
section for any year, interest on the remainder of such loan shall
accrue and be paid in the same manner as is otherwise required.
``(d) Rule of Construction.--Nothing in this section shall be
construed to authorize refunding any repayment of a loan.
``(e) Fractional Credit for Transfer.--An individual who transfers
from service making the individual eligible for repayment of loans under
this section (as described in subsection (a)(3)) to service making the
individual eligible for repayment of loans under section 16301 of title
10 (as described in subsection (a)(2) or (g) of that section) during a
year shall be eligible to have repaid a portion of such loan determined
by giving appropriate fractional credit for each portion of the year so
served, in accordance with regulations of the Secretary concerned.
``(f) Schedule for Allocation.--The Secretary shall prescribe a
schedule for the allocation of funds made available to carry out the
provisions of this section and section 16301 of title 10 during any year
for which funds are not sufficient to pay the sum of the amounts
eligible for repayment under subsection (a) and section 16301(a) of
title 10.
[[Page 136 STAT. 4039]]
``(g) Failure to Complete Period of Service.--Except an individual
described in subsection (e) who transfers to service making the
individual eligible for repayment of loans under section 16301 of title
10, a member of the Coast Guard who fails to complete the period of
service required to qualify for loan repayment under this section shall
be subject to the repayment provisions of section 303a(e) or 373 of
title 37.
``(h) Authority to Issue Regulations.--The Secretary may prescribe
procedures for implementing this section, including standards for
qualified loans and authorized payees and other terms and conditions for
making loan repayments. Such regulations may include exceptions that
would allow for the payment as a lump sum of any loan repayment due to a
member under a written agreement that existed at the time of a member's
death or disability.''.
(b) Clerical Amendment.--The analysis for chapter 27 of title 14,
United States Code, <<NOTE: 14 USC prec. 2701.>> is amended by striking
the item relating to section 2772 and inserting the following:
``2772. Education loan repayment program for members on active duty in
specified military specialties.''.
SEC. 11240. RETIREMENT OF VICE COMMANDANT.
Section 303 of title 14, United States Code, is amended--
(1) by amending subsection (a)(2) to read as follows:
``(2) A Vice Commandant who is retired while serving as Vice
Commandant, after serving not less than 2 years as Vice Commandant,
shall be retired with the grade of admiral, except as provided in
section 306(d).''; and
(2) in subsection (c) by striking ``or Vice Commandant'' and
inserting ``or as an officer serving as Vice Commandant who has
served less than 2 years as Vice Commandant''.
SEC. 11241. <<NOTE: 14 USC 2502 note.>> REPORT ON RESIGNATION AND
RETIREMENT PROCESSING TIMES AND
DENIAL.
(a) <<NOTE: Evaluations.>> In General.--Not later than 30 days
after the date of enactment of this Act, and annually thereafter, the
Commandant shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that evaluates
resignation and retirement processing timelines.
(b) <<NOTE: Time period.>> Elements.--The report required under
subsection (a) shall include, for the preceding calendar year--
(1) <<NOTE: Statistics.>> statistics on the number of
resignations, retirements, and other separations that occurred;
(2) the processing time for each action described in
paragraph (1);
(3) the percentage of requests for such actions that had a
command endorsement;
(4) the percentage of requests for such actions that did not
have a command endorsement; and
(5) for each denial of a request for a command endorsement
and each failure to take action on such a request, a detailed
description of the rationale for such denial or failure to take
such action.
SEC. 11242. CALCULATION OF ACTIVE SERVICE.
(a) In General.--Subchapter I of chapter 25 of title 14, United
States Code, is amended by adding at the end the following:
[[Page 136 STAT. 4040]]
``Sec. 2515. <<NOTE: 14 USC 2515.>> Calculation of active service
``Any service described, including service described prior to the
date of enactment of the Don Young Coast Guard Authorization Act of
2022, in writing, including by electronic communication, by a
representative of the Coast Guard Personnel Service Center as service
that counts toward total active service for regular retirement under
section 2152 or section 2306 shall be considered by the President as
active service for purposes of applying section 2152 or section 2306
with respect to the determination of the retirement qualification for
any officer or enlisted member to whom a description was provided.''.
(b) Clerical Amendment.--The analysis for chapter 25 of title 14,
United States Code, <<NOTE: 14 USC prec. 2501.>> is amended by
inserting after the item relating to section 2515 the following:
``2515. Calculation of active service.''.
(c) <<NOTE: 14 USC 2515 note.>> Rule of Construction.--The
amendment made by subsection (a)--
(1) shall only apply to officers of the Coast Guard that
entered active service after January 1, 1997, temporarily
separated for a period of time, and have retired from the Coast
Guard before January 1, 2024; and
(2) shall not apply to any member of any other uniformed
service, or to any Coast Guard member regarding active service
of the member in any other uniformed service.
SEC. 11243. <<NOTE: 14 USC note prec. 2501.>> PHYSICAL DISABILITY
EVALUATION SYSTEM PROCEDURE REVIEW.
(a) Study.--
(1) <<NOTE: Deadline.>> In general.--Not later than 3 years
after the date of enactment of this Act, the Comptroller General
of the United States shall complete a study on the Coast Guard
Physical Disability Evaluation System and medical retirement
procedures.
(2) <<NOTE: Review. Recommenda- tions.>> Elements.--In
completing the study required under paragraph (1), the
Comptroller General shall review, and provide recommendations to
address, the following:
(A) Coast Guard compliance with all applicable laws,
regulations, and policies relating to the Physical
Disability Evaluation System and the Medical Evaluation
Board.
(B) Coast Guard compliance with timelines set forth
in--
(i) the instruction of the Commandant entitled
``Physical Disability Evaluation System'' issued
on May 19, 2006 (COMDTNST M1850.2D); and
(ii) the Physical Disability Evaluation System
Transparency Initiative (ALCGPSC 030/20).
(C) An evaluation of Coast Guard processes in place
to ensure the availability, consistency, and
effectiveness of counsel appointed by the Coast Guard
Office of the Judge Advocate General to represent
members of the Coast Guard undergoing an evaluation
under the Physical Disability Evaluation System.
(D) The extent to which the Coast Guard has and uses
processes to ensure that such counsel may perform the
functions of such counsel in a manner that is impartial,
including being able to perform such functions without
[[Page 136 STAT. 4041]]
undue pressure or interference by the command of the
affected member of the Coast Guard, the Personnel
Service Center, and the Coast Guard Office of the Judge
Advocate General.
(E) The frequency, including the frequency
aggregated by member pay grade, with which members of
the Coast Guard seek private counsel in lieu of counsel
appointed by the Coast Guard Office of the Judge
Advocate General.
(F) The timeliness of determinations, guidance, and
access to medical evaluations necessary for retirement
or rating determinations and overall well-being of the
affected member of the Coast Guard.
(G) The guidance, formal or otherwise, provided by
the Personnel Service Center and the Coast Guard Office
of the Judge Advocate General, other than the counsel
directly representing affected members of the Coast
Guard, in communication with medical personnel examining
members.
(H) The guidance, formal or otherwise, provided by
the medical professionals reviewing cases within the
Physical Disability Evaluation System to affected
members of the Coast Guard, and the extent to which such
guidance is disclosed to the commanders, commanding
officers, or other members of the Coast Guard in the
chain of command of such affected members.
(I) <<NOTE: Deadline.>> The feasibility of
establishing a program to allow members of the Coast
Guard to select an expedited review to ensure completion
of the Medical Evaluation Board report not later than
180 days after the date on which such review was
initiated.
(b) <<NOTE: Recommenda- tions.>> Report.--The Comptroller General
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report on the findings of the study
conducted under subsection (a) and recommendations for improving the
Physical Disability Evaluation System process.
(c) Updated Policy Guidance.--
(1) <<NOTE: Deadline.>> In general.--Not later than 180
days after the date on which the report under subsection (b) is
submitted, the Commandant shall issue updated policy guidance in
response to the findings and recommendations contained in the
report.
(2) Elements.--The updated policy guidance required under
paragraph (1) shall include the following:
(A) <<NOTE: Requirement.>> A requirement that a
member of the Coast Guard, or the counsel of such a
member, shall be informed of the contents of, and
afforded the option to be present for, any communication
between the member's command and the Personnel Service
Center, or other Coast Guard entity, with respect to the
duty status of the member.
(B) An exception to the requirement described in
subparagraph (A) that such a member, or the counsel of
the member, is not required to be informed of the
contents of such a communication if it is demonstrated
that there is a legitimate health or safety need for the
member to be excluded from such communications,
supported by a medical opinion that such exclusion is
necessary for the
[[Page 136 STAT. 4042]]
health or safety of the member, command, or any other
individual.
(C) An option to allow a member of the Coast Guard
to initiate an evaluation by a Medical Evaluation Board
if a Coast Guard healthcare provider, or other military
healthcare provider, has raised a concern about the
ability of the member to continue serving in the Coast
Guard, in accordance with existing medical and physical
disability policy.
(D) An updated policy to remove the command
endorsement requirement for retirement or separation
unless absolutely necessary for the benefit of the
United States.
SEC. 11244. EXPANSION OF AUTHORITY FOR MULTIRATER ASSESSMENTS OF
CERTAIN PERSONNEL.
(a) In General.--Section 2182(a) of title 14, United States Code, is
amended by striking paragraph (2) and inserting the following:
``(2) Officers.--Each officer of the Coast Guard shall
undergo a multirater assessment before promotion to--
``(A) the grade of O-4;
``(B) the grade of O-5; and
``(C) the grade of O-6.
``(3) Enlisted members.--Each enlisted member of the Coast
Guard shall undergo a multirater assessment before advancement
to--
``(A) the grade of E-7;
``(B) the grade of E-8;
``(C) the grade of E-9; and
``(D) the grade of E-10.
``(4) Selection.--An individual assessed shall not be
permitted to select the peers and subordinates who provide
opinions for the multirater assessment of such individual.
``(5) Post-assessment elements.--
``(A) In general.--Following an assessment of an
individual pursuant to paragraphs (1) through (3), the
individual shall be provided appropriate post-assessment
counseling and leadership coaching.
``(B) Availability of results.--The supervisor of
the individual assessed shall be provided with the
results of the multirater assessment.''.
(b) Cost Assessment.--
(1) <<NOTE: Deadline.>> In general.--Not later than 1 year
after the date of enactment of this Act, the Commandant shall
provide to the appropriate committees of Congress an estimate of
the costs associated with implementing the amendment made by
subsection (a).
(2) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Commerce, Science, and
Transportation and the Committee on Appropriations of
the Senate; and
(B) the Committee on Transportation and
Infrastructure and the Committee on Appropriations of
the House of Representatives.
[[Page 136 STAT. 4043]]
SEC. 11245. PROMOTION PARITY.
(a) Information To Be Furnished.--Section 2115(a) of title 14,
United States Code, is amended--
(1) in paragraph (1) by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (2) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) <<NOTE: Regulations.>> in the case of an eligible
officer considered for promotion to a rank above lieutenant, any
credible information of an adverse nature, including any
substantiated adverse finding or conclusion from an officially
documented investigation or inquiry and any information placed
in the personnel service record of the officer under section
1745(a) of the National Defense Authorization Act for Fiscal
Year 2014 (Public Law 113-66; 10 U.S.C. 1561 note), shall be
furnished to the selection board in accordance with standards
and procedures set out in the regulations prescribed by the
Secretary.''.
(b) Special Selection Review Boards.--
(1) In general.--Subchapter I of chapter 21 of title 14,
United States Code, is amended by inserting after section 2120
the following:
``Sec. 2120a. <<NOTE: 14 USC 2120a.>> Special selection review
boards
``(a) <<NOTE: Determination. Recommenda- tion.>> In General.--(1)
If the Secretary determines that a person recommended by a promotion
board for promotion to a grade at or below the grade of rear admiral is
the subject of credible information of an adverse nature, including any
substantiated adverse finding or conclusion described in section
2115(a)(3) of this title that was not furnished to the promotion board
during its consideration of the person for promotion as otherwise
required by such section, the Secretary shall convene a special
selection review board under this section to review the person and
recommend whether the recommendation for promotion of the person should
be sustained.
``(2) If a person and the recommendation for promotion of the person
is subject to review under this section by a special selection review
board convened under this section, the name of the person--
``(A) shall not be disseminated or publicly released on the
list of officers recommended for promotion by the promotion
board recommending the promotion of the person; and
``(B) shall not be forwarded to the President or the Senate,
as applicable, or included on a promotion list under section
2121 of this title.
``(b) Convening.--(1) Any special selection review board convened
under this section shall be convened in accordance with the provisions
of section 2120(c) of this title.
``(2) Any special selection review board convened under this section
may review such number of persons, and recommendations for promotion of
such persons, as the Secretary shall specify in convening such special
selection review board.
``(c) Information Considered.--(1) In reviewing a person and
recommending whether the recommendation for promotion of the person
should be sustained under this section, a special selection review board
convened under this section shall be furnished and consider the
following:
[[Page 136 STAT. 4044]]
``(A) The record and information concerning the person
furnished in accordance with section 2115 of this title to the
promotion board that recommended the person for promotion.
``(B) Any credible information of an adverse nature on the
person, including any substantiated adverse finding or
conclusion from an officially documented investigation or
inquiry described in section 2115(a)(3) of this title.
``(2) The furnishing of information to a special selection review
board under paragraph (1)(B) shall be governed by the standards and
procedures referred to in section 2115 of this title.
``(3)(A) Before information on a person described in paragraph
(1)(B) is furnished to a special selection review board for purposes of
this section, the Secretary shall ensure that--
``(i) such information is made available to the person; and
``(ii) subject to subparagraphs (C) and (D), the person is
afforded a reasonable opportunity to submit comments on such
information to the special selection review board before its
review of the person and the recommendation for promotion of the
person under this section.
``(B) <<NOTE: Summary.>> If information on a person described in
paragraph (1)(B) is not made available to the person as otherwise
required by subparagraph (A)(i) due to the classification status of such
information, the person shall, to the maximum extent practicable, be
furnished a summary of such information appropriate to the person's
authorization for access to classified information.
``(C)(i) An opportunity to submit comments on information is not
required for a person under subparagraph (A)(ii) if--
``(I) such information was made available to the person in
connection with the furnishing of such information under section
2115(a) of this title to the promotion board that recommended
the promotion of the person subject to review under this
section; and
``(II) the person submitted comments on such information to
that promotion board.
``(ii) The comments on information of a person described in clause
(i)(II) shall be furnished to the special selection review board.
``(D) <<NOTE: Waiver.>> A person may waive either or both of the
following:
``(i) The right to submit comments to a special selection
review board under subparagraph (A)(ii).
``(ii) The furnishing of comments to a special selection
review board under subparagraph (C)(ii).
``(d) Consideration.--(1) In considering the record and information
on a person under this section, the special selection review board shall
compare such record and information with an appropriate sampling of the
records of those officers who were recommended for promotion by the
promotion board that recommended the person for promotion, and an
appropriate sampling of the records of those officers who were
considered by and not recommended for promotion by that promotion board.
``(2) Records and information shall be presented to a special
selection review board for purposes of paragraph (1) in a manner that
does not indicate or disclose the person or persons for whom the special
selection review board was convened.
``(3) In considering whether the recommendation for promotion of a
person should be sustained under this section, a special selection
review board shall, to the greatest extent practicable, apply
[[Page 136 STAT. 4045]]
standards used by the promotion board that recommended the person for
promotion.
``(4) <<NOTE: Determination.>> The recommendation for promotion of
a person may be sustained under this section only if the special
selection review board determines that the person--
``(A) ranks on an order of merit created by the special
selection review board as better qualified for promotion than
the sample officer highest on the order of merit list who was
considered by and not recommended for promotion by the promotion
board concerned; and
``(B) is comparable in qualification for promotion to those
sample officers who were recommended for promotion by that
promotion board.
``(5) A recommendation for promotion of a person may be sustained
under this section only by a vote of a majority of the members of the
special selection review board.
``(6) If a special selection review board does not sustain a
recommendation for promotion of a person under this section, the person
shall be considered to have failed of selection for promotion.
``(e) <<NOTE: Certification.>> Reports.--(1) Each special selection
review board convened under this section shall submit to the Secretary a
written report, signed by each member of the board, containing the name
of each person whose recommendation for promotion it recommends for
sustainment and certifying that the board has carefully considered the
record and information of each person whose name was referred to it.
``(2) <<NOTE: Applicability.>> The provisions of sections 2117(a)
of this title apply to the report and proceedings of a special selection
review board convened under this section in the same manner as they
apply to the report and proceedings of a promotion board convened under
section 2106 of this title.
``(f) Appointment of Persons.--(1) If the report of a special
selection review board convened under this section recommends the
sustainment of the recommendation for promotion to the next higher grade
of a person whose name was referred to it for review under this section,
and the President approves the report, the person shall, as soon as
practicable, be appointed to that grade in accordance with section 2121
of this title.
``(2) A person who is appointed to the next higher grade as
described in paragraph (1) shall, upon that appointment, have the same
date of rank, the same effective date for the pay and allowances of that
grade, and the same position on the active-duty list as the person would
have had pursuant to the original recommendation for promotion of the
promotion board concerned.
``(g) Regulations.--The Secretary shall prescribe regulations to
carry out this section.
``(h) Promotion Board Defined.--In this section, the term `promotion
board' means a selection board convened by the Secretary under section
2106 of this title.''.
(2) Clerical amendment.--The analysis for chapter 21 of
title 14, United States Code, <<NOTE: 14 USC prec. 2101.>> is
amended by inserting after the item relating to section 2120 the
following:
``2120a. Special selection review boards.''.
(c) Availability of Information.--Section 2118 of title 14, United
States Code, is amended by adding at the end the following:
``(e) If the Secretary makes a recommendation under this section
that the name of an officer be removed from a report of a selection
[[Page 136 STAT. 4046]]
board and the recommendation is accompanied by information that was not
presented to that selection board, that information shall be made
available to that officer. The officer shall then be afforded a
reasonable opportunity to submit comments on that information to the
officials making the recommendation and the officials reviewing the
recommendation. <<NOTE: Summary.>> If an eligible officer cannot be
given access to such information because of its classification status,
the officer shall, to the maximum extent practicable, be provided with
an appropriate summary of the information.''.
(d) Delay of Promotion.--Section 2121(f) of title 14, United States
Code, is amended to read as follows:
``(f)(1) The promotion of an officer may be delayed without
prejudice if any of the following applies:
``(A) The officer is under investigation or proceedings of a
court-martial or a board of officers are pending against the
officer.
``(B) A criminal proceeding in a Federal or State court is
pending against the officer.
``(C) <<NOTE: Determination.>> The Secretary determines
that credible information of an adverse nature, including a
substantiated adverse finding or conclusion described in section
2115(a)(3), with respect to the officer will result in the
convening of a special selection review board under section
2120a of this title to review the officer and recommend whether
the recommendation for promotion of the officer should be
sustained.
``(2)(A) <<NOTE: Applicability.>> Subject to subparagraph (B), a
promotion may be delayed under this subsection until, as applicable--
``(i) the completion of the investigation or proceedings
described in subparagraph (A);
``(ii) a final decision in the proceeding described in
subparagraph (B) is issued; or
``(iii) the special selection review board convened under
section 2120a of this title issues recommendations with respect
to the officer.
``(B) <<NOTE: Determination. Time period.>> Unless the
Secretary determines that a further delay is necessary in the
public interest, a promotion may not be delayed under this
subsection for more than one year after the date the officer
would otherwise have been promoted.
``(3) An officer whose promotion is delayed under this subsection
and who is subsequently promoted shall be given the date of rank and
position on the active duty promotion list in the grade to which
promoted that he would have held had his promotion not been so
delayed.''.
SEC. 11246. <<NOTE: 14 USC 2301 note.>> PARTNERSHIP PROGRAM TO
DIVERSIFY COAST GUARD.
(a) Establishment.--The Commandant shall establish a program for the
purpose of increasing the number of individuals in the enlisted ranks of
the Coast Guard who are--
(1) underrepresented minorities; or
(2) from rural areas.
(b) Partnerships.--In carrying out the program established under
subsection (a), the Commandant shall--
(1) seek to enter into 1 or more partnerships with eligible
institutions--
(A) to increase the visibility of Coast Guard
careers;
(B) to promote curriculum development--
(i) to enable acceptance into the Coast Guard;
and
[[Page 136 STAT. 4047]]
(ii) to improve success on relevant exams,
such as the Armed Services Vocational Aptitude
Battery; and
(C) to provide mentoring for students entering and
beginning Coast Guard careers; and
(2) enter into a partnership with an existing Junior Reserve
Officers' Training Corps for the purpose of promoting Coast
Guard careers.
(c) Definitions.--In this section:
(1) Eligible institution.--The term ``eligible institution''
means an institution--
(A) that is--
(i) an institution of higher education (as
such term is defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)); or
(ii) a junior or community college (as such
term is defined in section 312 of the Higher
Education Act of 1965 (20 U.S.C. 1058); and
(B) that is--
(i) a part B institution (as such term is
defined in section 322 of the Higher Education Act
of 1965 (20 U.S.C. 1061));
(ii) a Tribal College or University (as such
term is defined in section 316(b) of such Act (20
U.S.C. 1059c(b)));
(iii) a Hispanic-serving institution (as such
term is defined in section 502 of such Act (20
U.S.C. 1101a));
(iv) an Alaska Native-serving institution or a
Native Hawaiian-serving institution (as such term
is defined in section 317(b) of such Act (20
U.S.C. 1059d(b)));
(v) a Predominantly Black institution (as such
term is defined in section 371(c) of that Act (20
U.S.C. 1067q(c)));
(vi) an Asian American and Native American
Pacific Islander-serving institution (as defined
in section 320(b) of such Act (20 U.S.C.
1059g(b))); or
(vii) a Native American-serving nontribal
institution (as defined in section 319(b) of such
Act (20 U.S.C. 1059f(b)).
(2) Rural area.--The term ``rural area'' means an area that
is outside of an urbanized area, as determined by the Bureau of
the Census.
SEC. 11247. EXPANSION OF COAST GUARD JUNIOR RESERVE OFFICERS'
TRAINING CORPS.
(a) In General.--Section 320 of title 14, United States Code, is
amended--
(1) by redesignating subsection (c) as subsection (d);
(2) in subsection (b) by striking ``subsection (c)'' and
inserting ``subsection (d)''; and
(3) by inserting after subsection (b) the following:
``(c) <<NOTE: Effective date.>> Scope.--Beginning on December 31,
2025, the Secretary of the department in which the Coast Guard is
operating shall maintain at all times a Junior Reserve Officers'
Training Corps program with not fewer than 1 such program established in
each Coast Guard district.''.
[[Page 136 STAT. 4048]]
(b) <<NOTE: Deadline.>> Cost Assessment.--Not later than 1 year
after the date of enactment of this Act, the Secretary shall provide to
Congress an estimate of the costs associated with implementing the
amendments made by this section.
SEC. 11248. <<NOTE: 14 USC 504 note.>> IMPROVING REPRESENTATION
OF WOMEN AND RACIAL AND ETHNIC
MINORITIES AMONG COAST GUARD ACTIVE-
DUTY MEMBERS.
(a) <<NOTE: Deadline.>> In General.--Not later than 180 days after
the date of enactment of this Act, in consultation with the Advisory
Board on Women at the Coast Guard Academy established under section 1904
of title 14, United States Code, and the minority outreach team program
established by section 1905 of such title, the Commandant shall--
(1) <<NOTE: Determination.>> determine which
recommendations in the RAND representation report may
practicably be implemented to promote improved representation in
the Coast Guard of--
(A) women; and
(B) racial and ethnic minorities; and
(2) <<NOTE: Reports.>> submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the actions the Commandant has
taken, or plans to take, to implement such recommendations.
(b) <<NOTE: Recommenda- tions.>> Curriculum and Training.--In the
case of any action the Commandant plans to take to implement
recommendations described in subsection (a)(1) that relate to
modification or development of curriculum and training, such modified
curriculum and trainings shall be provided at--
(1) officer accession points, including the Coast Guard
Academy and the Leadership Development Center;
(2) <<NOTE: New Jersey.>> enlisted member accession at the
United States Coast Guard Training Center Cape May in Cape May,
New Jersey; and
(3) the officer, enlisted member, and civilian leadership
courses managed by the Leadership Development Center.
(c) Definition of RAND Representation Report.--In this section, the
term ``RAND representation report'' means the report of the Homeland
Security Operational Analysis Center of the RAND Corporation entitled
``Improving the Representation of Women and Racial/Ethnic Minorities
Among U.S. Coast Guard Active-Duty Members'', issued on August 11, 2021.
SEC. 11249. STRATEGY TO ENHANCE DIVERSITY THROUGH RECRUITMENT AND
ACCESSION.
(a) <<NOTE: Time period.>> In General.--The Commandant shall
develop a 10-year strategy to enhance Coast Guard diversity through
recruitment and accession--
(1) at educational institutions at the high school and
higher education levels; and
(2) for the officer and enlisted ranks.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives a report on the strategy developed
under subsection (a).
[[Page 136 STAT. 4049]]
(2) Elements.--The report required under paragraph (1) shall
include the following:
(A) A description of existing Coast Guard
recruitment and accession programs at educational
institutions at the high school and higher education
levels.
(B) An explanation of the manner in which the
strategy supports the overall diversity and inclusion
action plan of the Coast Guard.
(C) A description of the manner in which existing
programs and partnerships will be modified or expanded
to enhance diversity in recruiting in high school and
institutions of higher education (as such term is
defined in section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001)) and accession.
SEC. 11250. SUPPORT FOR COAST GUARD ACADEMY.
(a) In General.--Subchapter II of chapter 9 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 953. <<NOTE: 14 USC 953.>> Support for Coast Guard Academy
``(a) Authority.--
``(1) Contracts and cooperative agreements.--
``(A) In general.--The Commandant may enter contract
and cooperative agreements with 1 or more qualified
organizations for the purpose of supporting the athletic
programs of the Coast Guard Academy.
``(B) Authority.--Notwithstanding section 3201(e) of
title 10, the Commandant may enter into such contracts
and cooperative agreements on a sole source basis
pursuant to section 3204(a) of title 10.
``(C) Acquisitions.--Notwithstanding chapter 63 of
title 31, a cooperative agreement under this section may
be used to acquire property or services for the direct
benefit or use of the Coast Guard Academy.
``(2) Financial controls.--
``(A) In general.--Before entering into a contract
or cooperative agreement under paragraph (1), the
Commandant shall ensure that the contract or agreement
includes appropriate financial controls to account for
the resources of the Coast Guard Academy and the
qualified organization concerned in accordance with
accepted accounting principles.
``(B) Contents.--Any such contract or cooperative
agreement shall contain a provision that allows the
Commandant to review, as the Commandant considers
necessary, the financial accounts of the qualified
organization to determine whether the operations of the
qualified organization--
``(i) are consistent with the terms of the
contract or cooperative agreement; and
``(ii) would compromise the integrity or
appearance of integrity of any program of the
Department of Homeland Security.
``(3) Leases.--For the purpose of supporting the athletic
programs of the Coast Guard Academy, the Commandant may,
consistent with section 504(a)(13), rent or lease real property
located at the Coast Guard Academy to a qualified organization,
[[Page 136 STAT. 4050]]
except that proceeds from such a lease shall be retained and
expended in accordance with subsection (f).
``(b) Support Services.--
``(1) <<NOTE: Determination.>> Authority.--To the extent
required by a contract or cooperative agreement under subsection
(a), the Commandant may provide support services to a qualified
organization while the qualified organization conducts support
activities at the Coast Guard Academy only if the Commandant
determines that the provision of such services is essential for
the support of the athletic programs of the Coast Guard Academy.
``(2) No liability of the united states.--Support services
may only be provided without any liability of the United States
to a qualified organization.
``(3) Support services defined.--In this subsection, the
term `support services' includes utilities, office furnishings
and equipment, communications services, records staging and
archiving, audio and video support, and security systems, in
conjunction with the leasing or licensing of property.
``(c) Transfers From Nonappropriated Fund Operation.--
``(1) In general.--Except as provided in paragraph (2), the
Commandant may, subject to the acceptance of the qualified
organization concerned, transfer to the qualified organization
all title to and ownership of the assets and liabilities of the
Coast Guard nonappropriated fund instrumentality, the function
of which includes providing support for the athletic programs of
the Coast Guard Academy, including bank accounts and financial
reserves in the accounts of such fund instrumentality,
equipment, supplies, and other personal property.
``(2) Limitation.--The Commandant may not transfer under
paragraph (1) any interest in real property.
``(d) Acceptance of Support From Qualified Organization.--
``(1) In general.--Notwithstanding section 1342 of title 31,
the Commandant may accept from a qualified organization funds,
supplies, and services for the support of the athletic programs
of the Coast Guard Academy.
``(2) Employees of qualified organization.--For purposes of
this section, employees or personnel of the qualified
organization may not be considered to be employees of the United
States.
``(3) Funds received from ncaa.--The Commandant may accept
funds from the National Collegiate Athletic Association to
support the athletic programs of the Coast Guard Academy.
``(4) Limitation.--The Commandant shall ensure that
contributions under this subsection and expenditure of funds
pursuant to subsection (f) do not--
``(A) reflect unfavorably on the ability of the
Coast Guard, any employee of the Coast Guard, or any
member of the armed forces (as such term is defined in
section 101(a) of title 10) to carry out any
responsibility or duty in a fair and objective manner;
or
``(B) compromise the integrity or appearance of
integrity of any program of the Coast Guard, or any
individual involved in such a program.
``(e) Trademarks and Service Marks.--
``(1) Licensing, marketing, and sponsorship agreements.--An
agreement under subsection (a) may, consistent
[[Page 136 STAT. 4051]]
with section 2260 of title 10 (other than subsection (d) of such
section), authorize a qualified organization to enter into
licensing, marketing, and sponsorship agreements relating to
trademarks and service marks identifying the Coast Guard
Academy, subject to the approval of the Commandant.
``(2) Limitations.--A licensing, marketing, or sponsorship
agreement may not be entered into under paragraph (1) if--
``(A) such agreement would reflect unfavorably on
the ability of the Coast Guard, any employee of the
Coast Guard, or any member of the armed forces to carry
out any responsibility or duty in a fair and objective
manner; or
``(B) <<NOTE: Determination.>> the Commandant
determines that the use of the trademark or service mark
would compromise the integrity or appearance of
integrity of any program of the Coast Guard or any
individual involved in such a program.
``(f) Retention and Use of Funds.--Funds received by the Commandant
under this section may be retained for use to support the athletic
programs of the Coast Guard Academy and shall remain available until
expended.
``(g) Conditions.--The authority provided in this section with
respect to a qualified organization is available only so long as the
qualified organization continues--
``(1) to operate in accordance with this section, the law of
the State of Connecticut, and the constitution and bylaws of the
qualified organization; and
``(2) to operate exclusively to support the athletic
programs of the Coast Guard Academy.
``(h) Qualified Organization Defined.--In this section, the term
`qualified organization' means an organization--
``(1) that operates as an organization under subsection
(c)(3) of section 501 of the Internal Revenue Code of 1986 and
exempt from taxation under subsection (a) of that section;
``(2) for which authorization under sections 1033(a) and
1589(a) of title 10 may be provided; and
``(3) established by the Coast Guard Academy Alumni
Association solely for the purpose of supporting Coast Guard
athletics.
``Sec. 954. <<NOTE: 14 USC 954.>> Mixed-funded athletic and
recreational extracurricular programs
``(a) Authority.--In the case of a Coast Guard Academy mixed-funded
athletic or recreational extracurricular program, the Commandant may
designate funds appropriated to the Coast Guard and available for that
program to be treated as nonappropriated funds and expended for that
program in accordance with laws applicable to the expenditure of
nonappropriated funds. Appropriated funds so designated shall be
considered to be nonappropriated funds for all purposes and shall remain
available until expended.
``(b) <<NOTE: Definition. Applicability.>> Covered Programs.--In
this section, the term `Coast Guard Academy mixed-funded athletic or
recreational extracurricular program' means an athletic or recreational
extracurricular program of the Coast Guard Academy to which each of the
following applies:
``(1) The program is not considered a morale, welfare, or
recreation program.
[[Page 136 STAT. 4052]]
``(2) The program is supported through appropriated funds.
``(3) The program is supported by a nonappropriated fund
instrumentality.
``(4) The program is not a private organization and is not
operated by a private organization.''.
(b) Clerical Amendment.--The analysis for chapter 9 of title 14,
United States Code, <<NOTE: 14 USC prec. 901.>> is amended by inserting
after the item relating to section 952 the following:
``953. Support for Coast Guard Academy.
``954. Mixed-funded athletic and recreational extracurricular
programs.''.
SEC. 11251. TRAINING FOR CONGRESSIONAL AFFAIRS PERSONNEL.
(a) In General.--Section 315 of title 14, United States Code, is
amended to read as follows:
``Sec. 315. Training for congressional affairs personnel
``(a) In General.--The Commandant shall develop a training course,
which shall be administered in person, on the workings of Congress for
any member of the Coast Guard selected for a position as a fellow,
liaison, counsel, or administrative staff for the Coast Guard Office of
Congressional and Governmental Affairs or as any Coast Guard district or
area governmental affairs officer.
``(b) Course Subject Matter.--
``(1) In general.--The training course required under this
section shall provide an overview and introduction to Congress
and the Federal legislative process, including--
``(A) the congressional budget process;
``(B) the congressional appropriations process;
``(C) the congressional authorization process;
``(D) the Senate advice and consent process for
Presidential nominees;
``(E) the Senate advice and consent process for
treaty ratification;
``(F) the roles of Members of Congress and
congressional staff in the legislative process;
``(G) the concept and underlying purposes of
congressional oversight within the governance framework
of separation of powers;
``(H) the roles of Coast Guard fellows, liaisons,
counsels, governmental affairs officers, the Coast Guard
Office of Program Review, the Coast Guard Headquarters
program offices, and any other entity the Commandant
considers relevant; and
``(I) the roles and responsibilities of Coast Guard
public affairs and external communications personnel
with respect to Members of Congress and the staff of
such Members necessary to enhance communication between
Coast Guard units, sectors, and districts and Member
offices and committees of jurisdiction so as to ensure
visibility of Coast Guard activities.
``(2) Detail within coast guard office of budget and
programs.--
``(A) In general.--At the written request of a
receiving congressional office, the training course
required under this section shall include a multi-day
detail within the Coast Guard Office of Budget and
Programs to ensure adequate exposure to Coast Guard
policy, oversight, and requests from Congress.
[[Page 136 STAT. 4053]]
``(B) Nonconsecutive detail permitted.--A detail
under this paragraph is not required to be consecutive
with the balance of the training.
``(c) Completion of Required Training.--A member of the Coast Guard
selected for a position described in subsection (a) shall complete the
training required by this section before the date on which such member
reports for duty for such position.''.
(b) Clerical Amendment.--The analysis for chapter 3 of title 14,
United States Code, <<NOTE: 14 USC prec. 301.>> is amended by striking
the item relating to section 315 and inserting the following:
``315. Training for congressional affairs personnel.''.
SEC. 11252. STRATEGY FOR RETENTION OF CUTTERMEN.
(a) <<NOTE: Deadline. Publication.>> In General.--Not later than
180 days after the date of enactment of this Act, the Commandant shall
publish a strategy to improve incentives to attract and retain a
qualified workforce serving on Coast Guard cutters that includes
underrepresented minorities, and servicemembers from rural areas, as
such term is defined in section 54301(a)(12)(C) of title 46, United
States Code.
(b) Elements.--The strategy required by subsection (a) shall include
the following:
(1) Policies to improve flexibility in the afloat career
path, including a policy that enables members of the Coast Guard
serving on Coast Guard cutters to transition between operations
afloat and operations ashore assignments without detriment to
the career progression of a member.
(2) <<NOTE: Review. Assessment.>> A review of current
officer requirements for afloat assignments at each pay grade,
and an assessment as to whether such requirements are
appropriate or present undue limitations.
(3) Strategies to improve crew comfort afloat, such as
berthing modifications to accommodate all crewmembers.
(4) Actionable steps to improve access to highspeed internet
capable of video conference for the purposes of medical,
educational, and personal use by members of the Coast Guard
serving on Coast Guard cutters.
(5) <<NOTE: Assessment.>> An assessment of the
effectiveness of bonuses to attract members to serve at sea and
retain talented members of the Coast Guard serving on Coast
Guard cutters to serve as leaders in senior enlisted positions,
department head positions, and command positions.
(6) Policies to ensure that high-performing members of the
Coast Guard serving on Coast Guard cutters are competitive for
special assignments, postgraduate education, senior service
schools, and other career-enhancing positions.
(c) Rule of Construction.--The Commandant shall ensure that the
elements described in subsection (b) do not result in discrimination
based on race, color, religion, sexual orientation, national origin, or
gender.
SEC. 11253. STUDY ON PERFORMANCE OF COAST GUARD FORCE READINESS
COMMAND.
(a) <<NOTE: Deadline.>> In General.--Not later than 1 year after
the date of enactment of this Act, the Comptroller General of the United
States shall commence a study on the performance of the Coast Guard
Force Readiness Command.
[[Page 136 STAT. 4054]]
(b) <<NOTE: Assessments.>> Elements.--The study required under
subsection (a) shall include an assessment of the following:
(1) The actions the Force Readiness Command has taken to
develop and implement training for the Coast Guard workforce.
(2) The extent to which the Force Readiness Command--
(A) has made an assessment of performance, policy,
and training compliance across Force Readiness Command
headquarters and field units, and the results of any
such assessment; and
(B) is modifying and expanding Coast Guard training
to match the future demands of the Coast Guard with
respect to growth in workforce numbers, modernization of
assets and infrastructure, and increased global mission
demands relating to the Arctic and Western Pacific
regions and cyberspace.
(c) Report.--Not later than 1 year after the study required by
subsection (a) commences, the Comptroller General shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the findings of the study.
SEC. 11254. STUDY ON FREQUENCY OF WEAPONS TRAINING FOR COAST GUARD
PERSONNEL.
(a) <<NOTE: Assessment.>> In General.--The Commandant shall conduct
a study to assess whether current weapons training required for Coast
Guard law enforcement and other relevant personnel is sufficient.
(b) Elements.--The study required under subsection (a) shall--
(1) assess whether there is a need to improve weapons
training for Coast Guard law enforcement and other relevant
personnel; and
(2) identify--
(A) the frequency of such training most likely to
ensure adequate weapons training, proficiency, and
safety among such personnel;
(B) Coast Guard law enforcement and other applicable
personnel who should be prioritized to receive such
improved training; and
(C) any challenge posed by a transition to improving
such training and offering such training more
frequently, and the resources necessary to address such
a challenge.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Commandant shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on the findings of the study conducted under subsection (a).
[[Page 136 STAT. 4055]]
Subtitle G--Miscellaneous Provisions
SEC. 11255. MODIFICATION OF PROHIBITION ON OPERATION OR
PROCUREMENT OF FOREIGN-MADE UNMANNED
AIRCRAFT SYSTEMS.
Section 8414 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 14 U.S.C.
1156 note) is amended--
(1) by amending subsection (b) to read as follows:
``(b) Exemption.--The Commandant is exempt from the restriction
under subsection (a) if the operation or procurement is for the purposes
of--
``(1) counter-UAS system surrogate testing and training; or
``(2) intelligence, electronic warfare, and information
warfare operations, testing, analysis, and training.'';
(2) by amending subsection (c) to read as follows:
``(c) <<NOTE: Certification. Deadline.>> Waiver.--The Commandant
may waive the restriction under subsection (a) on a case-by-case basis
by certifying in writing not later than 15 days after exercising such
waiver to the Department of Homeland Security, the Committee on
Commerce, Science, and Transportation of the Senate, and the Committee
on Transportation and Infrastructure of the House of Representatives
that the operation or procurement of a covered unmanned aircraft system
is required in the national interest of the United States.'';
(3) in subsection (d)--
(A) by amending paragraph (1) to read as follows:
``(1) <<NOTE: Definition.>> Covered foreign country.--The
term `covered foreign country' means any of the following:
``(A) The People's Republic of China.
``(B) The Russian Federation.
``(C) The Islamic Republic of Iran.
``(D) The Democratic People's Republic of Korea.'';
(B) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively;
(C) by inserting after paragraph (1) the following:
``(2) <<NOTE: Definition.>> Covered unmanned aircraft
system.--The term `covered unmanned aircraft system' means an
unmanned aircraft system described in paragraph (1) of
subsection (a).''; and
(D) in paragraph (4), as so redesignated, by
inserting ``, and any related services and equipment''
after ``United States Code''; and
(4) by adding at the end the following:
``(e) <<NOTE: Deadline.>> Replacement.--Not later than 90 days
after the date of the enactment of the Don Young Coast Guard
Authorization Act of 2022, the Commandant shall replace covered unmanned
aircraft systems of the Coast Guard with unmanned aircraft systems
manufactured in the United States or an allied country (as that term is
defined in section 2350f(d)(1) of title 10, United States Code).''.
SEC. 11256. BUDGETING OF COAST GUARD RELATING TO CERTAIN
OPERATIONS.
(a) In General.--Chapter 51 of title 14, United States Code, is
further amended by adding at the end the following:
[[Page 136 STAT. 4056]]
``Sec. 5114. <<NOTE: 14 USC 5114.>> Expenses of performing and
executing defense readiness missions
``Not <<NOTE: Reports.>> later than 1 year after the date of
enactment of this section, and every February 1 thereafter, the
Commandant shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that adequately
represents a calculation of the annual costs and expenditures of
performing and executing all defense readiness mission activities,
including--
``(1) all expenses related to the Coast Guard's
coordination, training, and execution of defense readiness
mission activities in the Coast Guard's capacity as an armed
force (as such term is defined in section 101 of title 10) in
support of Department of Defense national security operations
and activities or for any other military department or Defense
Agency (as such terms are defined in such section);
``(2) costs associated with Coast Guard detachments assigned
in support of the defense readiness mission of the Coast Guard;
and
``(3) any other related expenses, costs, or matters the
Commandant considers appropriate or otherwise of interest to
Congress.''.
(b) Clerical Amendment.--The analysis for chapter 51 of title 14,
United States Code, as amended by section 252(b), <<NOTE: 14 USC prec.
5101.>> is further amended by adding at the end the following:
``5114. Expenses of performing and executing defense readiness
missions.''.
SEC. 11257. <<NOTE: California.>> REPORT ON SAN DIEGO MARITIME
DOMAIN AWARENESS.
Not later than 180 days after the date of enactment of this Act, the
Commandant shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
containing--
(1) <<NOTE: Overview.>> an overview of the maritime domain
awareness in the area of responsibility of the Coast Guard
sector responsible for San Diego, California, including--
(A) the average volume of known maritime traffic
that transited the area during fiscal years 2020 through
2022;
(B) current sensor platforms deployed by such sector
to monitor illicit activity occurring at sea in such
area;
(C) the number of illicit activity incidents at sea
in such area that the sector responded to during fiscal
years 2020 through 2022;
(D) <<NOTE: Estimate.>> an estimate of the volume
of traffic engaged in illicit activity at sea in such
area and the type and description of any vessels used to
carry out illicit activities that such sector responded
to during fiscal years 2020 through 2022; and
(E) the maritime domain awareness requirements to
effectively meet the mission of such sector;
(2) a description of current actions taken by the Coast
Guard to partner with Federal, regional, State, and local
entities to meet the maritime domain awareness needs of such
area;
(3) a description of any gaps in maritime domain awareness
within the area of responsibility of such sector resulting from
[[Page 136 STAT. 4057]]
an inability to meet the enduring maritime domain awareness
requirements of the sector or adequately respond to maritime
disorder;
(4) an identification of current technology and assets the
Coast Guard has to mitigate the gaps identified in paragraph
(3);
(5) an identification of capabilities needed to mitigate
such gaps, including any capabilities the Coast Guard currently
possesses that can be deployed to the sector;
(6) an identification of technology and assets the Coast
Guard does not currently possess and are needed to acquire in
order to address such gaps; and
(7) an identification of any financial obstacles that
prevent the Coast Guard from deploying existing commercially
available sensor technology to address such gaps.
SEC. 11258. CONVEYANCE OF COAST GUARD VESSELS FOR PUBLIC PURPOSES.
(a) <<NOTE: 14 USC 510.>> Transfer.--Section 914 of the Coast Guard
Authorization Act of 2010 (14 U.S.C. 501 note; Public Law 111-281) is--
(1) transferred to subchapter I of chapter 5 of title 14,
United States Code;
(2) added at the end so as to follow section 509 of such
title, as added by this Act;
(3) redesignated as section 510 of such title; and
(4) amended so that the enumerator, the section heading,
typeface, and typestyle conform to those appearing in other
sections of title 14, United States Code.
(b) Clerical Amendments.--
(1) Coast guard authorization act of 2010.--The table of
contents in section 1(b) of the Coast Guard Authorization Act of
2010 (Public Law 111-281) <<NOTE: 124 Stat. 2907.>> is amended
by striking the item relating to section 914.
(2) Title 14.--The analysis for subchapter I of chapter 5 of
title 14, United States Code, <<NOTE: 14 USC prec. 501.>> is
further amended by adding at the end the following:
``510. Conveyance of Coast Guard vessels for public purposes.''.
(c) Conveyance of Coast Guard Vessels for Public Purposes.--Section
510 of title 14, United States Code, as transferred and redesignated by
subsection (a), is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--On request by the Commandant, the Administrator
of the General Services Administration may transfer ownership of a Coast
Guard vessel or aircraft to an eligible entity for educational,
cultural, historical, charitable, recreational, or other public purposes
if such transfer is authorized by law.''; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``as if the request were
being processed'' after ``vessels''; and
(ii) by inserting ``, as in effect on the date
of the enactment of the Don Young Coast Guard
Authorization Act of 2022'' after ``Code of
Federal Regulations'';
(B) in paragraph (2) by inserting ``, as in effect
on the date of the enactment of the Don Young Coast
Guard Authorization Act of 2022'' after ``such title'';
and
(C) in paragraph (3) by striking ``of the Coast
Guard''.
[[Page 136 STAT. 4058]]
SEC. 11259. NATIONAL COAST GUARD MUSEUM FUNDING PLAN.
Section 316(c)(4) of title 14, United States Code, is amended by
striking ``the Inspector General of the department in which the Coast
Guard is operating'' and inserting ``a third party entity qualified to
undertake such a certification process''.
SEC. 11260. REPORT ON COAST GUARD EXPLOSIVE ORDNANCE DISPOSAL.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Commandant shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on the viability of establishing an explosive ordnance disposal
program (in this section referred to as the ``Program'') in the Coast
Guard.
(b) Contents.--The report required under subsection (a) shall
contain, at a minimum, an explanation of the following with respect to
such a Program:
(1) Where within the organizational structure of the Coast
Guard the Program would be located, including a discussion of
whether the Program should reside in--
(A) Maritime Safety and Security Teams;
(B) Maritime Security Response Teams;
(C) a combination of the teams described under
subparagraphs (A) and (B); or
(D) elsewhere within the Coast Guard.
(2) The vehicles and dive craft that are Coast Guard
airframe and vessel transportable that would be required for the
transportation of explosive ordnance disposal elements.
(3) The Coast Guard stations at which--
(A) portable explosives storage magazines would be
available for explosive ordnance disposal elements; and
(B) explosive ordnance disposal elements equipment
would be pre-positioned.
(4) How the Program would support other elements within the
Department of Homeland Security, the Department of Justice, and,
in wartime, the Department of Defense to--
(A) counter improvised explosive devices;
(B) counter unexploded ordnance;
(C) combat weapons of destruction;
(D) provide service in support of the President; and
(E) support national security special events.
(5) The career progression of members of the Coast Guard
participating in the Program from--
(A) Seaman Recruit to Command Master Chief Petty
Officer;
(B) Chief Warrant Officer 2 to that of Chief Warrant
Officer 4; and
(C) Ensign to that of Rear Admiral.
(6) Initial and annual budget justification estimates on a
single program element of the Program for--
(A) civilian and military pay with details on
military pay, including special and incentive pays such
as--
(i) officer responsibility pay;
(ii) officer SCUBA diving duty pay;
(iii) officer demolition hazardous duty pay;
(iv) enlisted SCUBA diving duty pay;
[[Page 136 STAT. 4059]]
(v) enlisted demolition hazardous duty pay;
(vi) enlisted special duty assignment pay at
level special duty-5;
(vii) enlisted assignment incentive pays;
(viii) enlistment and reenlistment bonuses;
(ix) officer and enlisted full civilian
clothing allowances;
(x) an exception to the policy allowing a
third hazardous duty pay for explosive ordnance
disposal-qualified officers and enlisted; and
(xi) parachutist hazardous duty pay;
(B) research, development, test, and evaluation;
(C) procurement;
(D) other transaction agreements;
(E) operations and support; and
(F) overseas contingency operations.
SEC. 11261. TRANSFER AND CONVEYANCE.
(a) In General.--
(1) Requirement.--In accordance with section 120(h) of the
Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9620(h)), the Commandant shall, without
consideration, transfer in accordance with subsection (b) and
convey in accordance with subsection (c) a parcel of the real
property described in paragraph (2), including any improvements
thereon.
(2) <<NOTE: Alabama.>> Property.--The property described in
this paragraph is real property at Dauphin Island, Alabama,
located at 100 Agassiz Street, and consisting of a total of
approximately 35.63 acres. <<NOTE: Determination. Survey.>> The
exact acreage and legal description of the parcel of such
property to be transferred or conveyed in accordance with
subsection (b) or (c), respectively, shall be determined by a
survey satisfactory to the Commandant.
(b) To the Secretary of Health and Human Services.--
The <<NOTE: Contracts.>> Commandant shall transfer, as described in
subsection (a), to the Secretary of Health and Human Services (in this
section referred to as the ``Secretary''), for use by the Food and Drug
Administration, custody and control of a portion, consisting of
approximately 4 acres, of the parcel of real property described in such
subsection, to be identified by agreement between the Commandant and the
Secretary.
(c) To the State of Alabama.--The Commandant shall convey, as
described in subsection (a), to the Marine Environmental Sciences
Consortium, a unit of the government of the State of Alabama, located at
Dauphin Island, Alabama, all rights, title, and interest of the United
States in and to such portion of the parcel described in such subsection
that is not transferred to the Secretary under subsection (b).
(d) Payments and Costs of Transfer and Conveyance.--
(1) Payments.--
(A) In general.--The Secretary shall pay costs to be
incurred by the Coast Guard, or reimburse the Coast
Guard for such costs incurred by the Coast Guard, to
carry out the transfer and conveyance required by this
section,
[[Page 136 STAT. 4060]]
including survey costs, appraisal costs, costs for
environmental documentation related to the transfer and
conveyance, and any other necessary administrative costs
related to the transfer and conveyance.
(B) Funds.--Notwithstanding section 780 of division
B of the Further Consolidated Appropriations Act, 2020
(Public Law 116-94), any amounts that are made available
to the Secretary under such section and not obligated on
the date of enactment of this Act shall be available to
the Secretary for the purpose described in subparagraph
(A).
(2) Treatment of amounts received.--Amounts received by the
Commandant as reimbursement under paragraph (1) shall be
credited to the Coast Guard Housing Fund established under
section 2946 of title 14, United States Code, or the account
that was used to pay the costs incurred by the Coast Guard in
carrying out the transfer or conveyance under this section, as
determined by the Commandant, and shall be made available until
expended. Amounts so credited shall be merged with amounts in
such fund or account and shall be available for the same
purposes, and subject to the same conditions and limitations, as
amounts in such fund or account.
SEC. 11262. TRANSPARENCY AND OVERSIGHT.
(a) In General.--Chapter 51 of title 14, United States Code, is
further amended by adding at the end the following:
``Sec. 5115. <<NOTE: 14 USC 5115.>> Major grants, contracts, or
other transactions
``(a) Notification.--
``(1) <<NOTE: Deadline.>> In general.--Subject to
subsection (b), the Commandant shall notify the appropriate
committees of Congress and the Coast Guard Office of
Congressional and Governmental Affairs not later than 3 full
business days in advance of the Coast Guard--
``(A) making or awarding a grant allocation or grant
in excess of $1,000,000;
``(B) making or awarding a contract, other
transaction agreement, or task or delivery order for the
Coast Guard on the multiple award contract, or issuing a
letter of intent totaling more than $4,000,000;
``(C) awarding a task or delivery order requiring an
obligation of funds in an amount greater than
$10,000,000 from multi-year Coast Guard funds;
``(D) making a sole-source grant award; or
``(E) <<NOTE: Public information.>> announcing
publicly the intention to make or award an item
described in subparagraph (A), (B), (C), or (D),
including a contract covered by the Federal Acquisition
Regulation.
``(2) Element.--A notification under this subsection shall
include--
``(A) the amount of the award;
``(B) the fiscal year for which the funds for the
award were appropriated;
``(C) the type of contract;
``(D) an identification of the entity awarded the
contract, such as the name and location of the entity;
and
``(E) the account from which the funds are to be
drawn.
[[Page 136 STAT. 4061]]
``(b) <<NOTE: Determination.>> Exception.--If the Commandant
determines that compliance with subsection (a) would pose a substantial
risk to human life, health, or safety, the Commandant--
``(1) may make an award or issue a letter described in such
subsection without the notification required under such
subsection; and
``(2) <<NOTE: Deadline.>> shall notify the appropriate
committees of Congress not later than 5 full business days after
such an award is made or letter issued.
``(c) Applicability.--Subsection (a) shall not apply to funds that
are not available for obligation.
``(d) Appropriate Committees of Congress Defined.--In this section,
the term `appropriate committees of Congress' means--
``(1) the Committee on Commerce, Science, and Transportation
and the Committee on Appropriations of the Senate; and
``(2) the Committee on Transportation and Infrastructure and
the Committee on Appropriations of the House of
Representatives.''.
(b) Clerical Amendment.--The analysis for chapter 51 of title 14,
United States Code, <<NOTE: 14 USC prec. 5101.>> is further amended by
adding at the end the following:
``5115. Major grants, contracts, or other transactions.''.
SEC. 11263. STUDY ON SAFETY INSPECTION PROGRAM FOR CONTAINERS AND
FACILITIES.
(a) <<NOTE: Deadline.>> In General.--Not later than 1 year after
the date of enactment of this Act, the Commandant shall complete a study
on the safety inspection program for containers (as such term is defined
in section 80501 of title 46, United States Code) and designated
waterfront facilities receiving containers.
(b) Elements.--The study required under subsection (a) shall include
the following:
(1) <<NOTE: Evaluation. Review.>> An evaluation and review
of such safety inspection program.
(2) <<NOTE: Determinations.>> A determination of--
(A) the number of container inspections conducted
annually by the Coast Guard during the preceding 10-year
period, as compared to the number of containers moved
through United States ports annually during such period;
and
(B) the number of qualified Coast Guard container
and facility inspectors, and an assessment as to
whether, during the preceding 10-year period, there have
been a sufficient number of such inspectors to carry out
the mission of the Coast Guard.
(3) <<NOTE: Evaluation.>> An evaluation of the training
programs available to such inspectors and the adequacy of such
training programs during the preceding 10-year period.
(4) An identification of areas of improvement for such
program in the interest of commerce and national security, and
the costs associated with such improvements.
(c) Report to Congress.--Not later than 180 days after the
completion of the study required under subsection (a), the Commandant
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report
[[Page 136 STAT. 4062]]
on the findings of the study required by subsection (a), including the
personnel and resource requirements necessary for such program.
SEC. 11264. <<NOTE: 6 USC 245.>> OPERATIONAL DATA SHARING
CAPABILITY.
(a) <<NOTE: Deadline.>> In General.--Not later than 18 months after
the date of enactment of this Act, the Secretary shall, consistent with
the ongoing Integrated Multi-Domain Enterprise joint effort by the
Department of Homeland Security and the Department of Defense, establish
a secure, centralized capability to allow real-time, or near real-time,
data and information sharing between Customs and Border Protection and
the Coast Guard for purposes of maritime boundary domain awareness and
enforcement activities along the maritime boundaries of the United
States, including the maritime boundaries in the northern and southern
continental United States and Alaska.
(b) Priority.--In establishing the capability under subsection (a),
the Secretary shall prioritize enforcement areas experiencing the
highest levels of enforcement activity.
(c) Requirements.--The capability established under subsection (a)
shall be sufficient for the secure sharing of data, information, and
surveillance necessary for operational missions, including data from
governmental assets, irrespective of whether an asset located in or
around mission operation areas belongs to the Coast Guard, Customs and
Border Protection, or any other partner agency.
(d) Elements.--The Commissioner of Customs and Border Protection and
the Commandant shall jointly--
(1) <<NOTE: Assessment.>> assess and delineate the types of
data and quality of data sharing needed to meet the respective
operational missions of Customs and Border Protection and the
Coast Guard, including video surveillance, seismic sensors,
infrared detection, space-based remote sensing, and any other
data or information necessary;
(2) <<NOTE: Requirements. Processes.>> develop appropriate
requirements and processes for the credentialing of personnel of
Customs and Border Protection and personnel of the Coast Guard
to access and use the capability established under subsection
(a); and
(3) <<NOTE: Contracts.>> establish a cost-sharing agreement
for the long-term operation and maintenance of the capability
and the assets that provide data to the capability.
(e) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Commerce,
Science, and Transportation and the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Transportation
and Infrastructure and the Committee on Homeland Security of the House
of Representatives a report on the establishment of the capability under
this section.
(f) Rule of Construction.--Nothing in this section may be construed
to authorize the Coast Guard, Customs and Border Protection, or any
other partner agency to acquire, share, or transfer personal information
relating to an individual in violation of any Federal or State law or
regulation.
SEC. 11265. <<NOTE: Texas.>> FEASIBILITY STUDY ON CONSTRUCTION OF
COAST GUARD STATION AT PORT MANSFIELD.
(a) Study.--
(1) <<NOTE: Deadline.>> In general.--Not later than 180
days after the date of the enactment of this Act, the Commandant
shall commence
[[Page 136 STAT. 4063]]
a feasibility study on construction of a Coast Guard station at
Port Mansfield, Texas.
(2) Elements.--The study required under paragraph (1) shall
include the following:
(A) <<NOTE: Assessment.>> An assessment of the
resources and workforce requirements necessary for a new
Coast Guard station at Port Mansfield.
(B) An identification of the enhancements to the
missions and capabilities of the Coast Guard that a new
Coast Guard station at Port Mansfield would provide.
(C) <<NOTE: Cost estimates.>> An estimate of the
life-cycle costs of such a facility, including the costs
of construction, maintenance costs, and staffing costs.
(D) <<NOTE: Cost analysis.>> A cost-benefit
analysis of the enhancements and capabilities provided,
as compared to the costs of construction, maintenance,
and staffing.
(b) Report.--Not later than 180 days after commencing the study
required by subsection (a), the Commandant shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a
report on the findings of the study.
SEC. 11266. PROCUREMENT OF TETHERED AEROSTAT RADAR SYSTEM FOR
COAST GUARD STATION SOUTH PADRE
ISLAND.
Subject to the availability of appropriations, the Secretary shall
procure not fewer than 1 tethered aerostat radar system, or similar
technology, for use by the Coast Guard at and around Coast Guard Station
South Padre Island.
SEC. 11267. <<NOTE: 14 USC note prec. 1151.>> PROHIBITION ON
MAJOR ACQUISITION CONTRACTS WITH
ENTITIES ASSOCIATED WITH CHINESE
COMMUNIST PARTY.
(a) <<NOTE: Certification. Time period.>> In General.--The
Commandant may not award any major acquisition contract until the
Commandant receives a certification from the party that it has not,
during the 10-year period preceding the planned date of award, directly
or indirectly held an economic interest in an entity that is--
(1) owned or controlled by the People's Republic of China;
and
(2) part of the defense industry of the Chinese Communist
Party.
(b) Inapplicability to Taiwan.--Subsection (a) shall not apply with
respect to an economic interest in an entity owned or controlled by
Taiwan.
SEC. 11268. <<NOTE: 14 USC 522 note.>> REVIEW OF DRUG
INTERDICTION EQUIPMENT AND STANDARDS;
TESTING FOR FENTANYL DURING
INTERDICTION OPERATIONS.
(a) Review.--
(1) In general.--The Commandant, in consultation with the
Administrator of the Drug Enforcement Administration and the
Secretary of Health and Human Services, shall--
(A) conduct a review of--
(i) the equipment, testing kits, and rescue
medications used to conduct Coast Guard drug
interdiction operations; and
[[Page 136 STAT. 4064]]
(ii) the safety and training standards,
policies, and procedures with respect to such
operations; and
(B) <<NOTE: Determination.>> determine whether the
Coast Guard is using the latest equipment and technology
and up-to-date training and standards for recognizing,
handling, testing, and securing illegal drugs, fentanyl
and other synthetic opioids, and precursor chemicals
during such operations.
(2) Report.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall submit to the
appropriate committees of Congress a report on the results of
the review conducted under paragraph (1).
(3) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Commerce, Science, and
Transportation and the Committee on Appropriations of
the Senate; and
(B) the Committee on Transportation and
Infrastructure and the Committee on Appropriations of
the House of Representatives.
(b) <<NOTE: Determination.>> Requirement.--If, as a result of the
review required by subsection (a), the Commandant determines that the
Coast Guard is not using the latest equipment and technology and up-to-
date training and standards for recognizing, handling, testing, and
securing illegal drugs, fentanyl and other synthetic opioids, and
precursor chemicals during drug interdiction operations, the Commandant
shall ensure that the Coast Guard acquires and uses such equipment and
technology, carries out such training, and implements such standards.
(c) Testing for Fentanyl.--The Commandant shall ensure that Coast
Guard drug interdiction operations include the testing of substances
encountered during such operations for fentanyl, as appropriate.
SEC. 11269. <<NOTE: 14 USC 522 note.>> PUBLIC AVAILABILITY OF
INFORMATION ON MONTHLY MIGRANT
INTERDICTIONS.
Not <<NOTE: Deadline. Web posting.>> later than the 15th day of
each month, the Commandant shall make available to the public on the
website of the Coast Guard the number of migrant interdictions carried
out by the Coast Guard during the preceding month.
SEC. 11270. CARGO WAITING TIME REDUCTION.
Not <<NOTE: Reports.>> later than 90 days after the date of
enactment of this Act, the Commandant shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report that includes--
(1) an explanation of the extent to which vessels carrying
cargo are complying with the requirements of chapter 700 of
title 46, United States Code;
(2) the status of the investigation on the cause of the oil
spill that occurred in October 2021 on the waters over the San
Pedro Shelf related to an anchor strike, including the expected
date on which the Marine Casualty Investigation Report with
respect to such spill will be released; and
(3) with respect to such vessels, a summary of actions taken
or planned to be taken by the Commandant to provide
[[Page 136 STAT. 4065]]
additional protections against oil spills or other hazardous
discharges caused by anchor strikes.
SEC. 11271. STUDY ON COAST GUARD OVERSIGHT AND INVESTIGATIONS.
(a) <<NOTE: Deadline. Assessment.>> In General.--Not later than 2
years after the date of enactment of this Act, the Comptroller General
of the United States shall commence a study to assess the oversight over
Coast Guard activities, including investigations, personnel management,
whistleblower protection, and other activities carried out by the
Department of Homeland Security Office of Inspector General.
(b) <<NOTE: Analysis.>> Elements.--The study required under
subsection (a) shall include the following:
(1) An analysis of the ability of the Department of Homeland
Security Office of Inspector General to ensure timely, thorough,
complete, and appropriate oversight over the Coast Guard,
including oversight over both civilian and military activities.
(2) <<NOTE: Assessments.>> An assessment of--
(A) the best practices with respect to such
oversight; and
(B) the ability of the Department of Homeland
Security Office of Inspector General and the Commandant
to identify and achieve such best practices.
(3) An analysis of the methods, standards, and processes
employed by the Department of Defense Office of Inspector
General and the inspectors generals of the armed forces (as such
term is defined in section 101 of title 10, United States Code),
other than the Coast Guard, to conduct oversight and
investigation activities.
(4) An analysis of the methods, standards, and processes of
the Department of Homeland Security Office of Inspector General
with respect to oversight over the civilian and military
activities of the Coast Guard, as compared to the methods,
standards, and processes described in paragraph (3).
(5) <<NOTE: Assessment.>> An assessment of the extent to
which the Coast Guard Investigative Service completes
investigations or other disciplinary measures after referral of
complaints from the Department of Homeland Security Office of
Inspector General.
(6) A description of the staffing, expertise, training, and
other resources of the Department of Homeland Security Office of
Inspector General, and an assessment as to whether such
staffing, expertise, training, and other resources meet the
requirements necessary for meaningful, timely, and effective
oversight over the activities of the Coast Guard.
(c) <<NOTE: Recommenda- tions.>> Report.--Not later than 1 year
after commencing the study required under subsection (a), the
Comptroller General shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report on the findings
of the study, including recommendations with respect to oversight over
Coast Guard activities.
(d) Other Reviews.--The study required under subsection (a) may rely
upon recently completed or ongoing reviews by the Comptroller General or
other entities, as applicable.
[[Page 136 STAT. 4066]]
Subtitle H--Sexual Assault and Sexual Harassment Response and Prevention
SEC. 11272. ADMINISTRATION OF SEXUAL ASSAULT FORENSIC EXAMINATION
KITS.
(a) In General.--Subchapter IV of chapter 5 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 564. <<NOTE: 14 USC 564.>> Administration of sexual
assault forensic examination kits
``(a) Sexual Assault Forensic Exam Procedure.--
``(1) In general.--Before embarking on any prescheduled
voyage, a Coast Guard vessel shall have in place a written
operating procedure that ensures that an embarked victim of
sexual assault shall have access to a sexual assault forensic
examination--
``(A) as soon as possible after the victim requests
an examination; and
``(B) that is treated with the same level of urgency
as emergency medical care.
``(2) Requirements.--The written operating procedure
required by paragraph (1), shall, at a minimum, account for--
``(A) the health, safety, and privacy of a victim of
sexual assault;
``(B) the proximity of ashore or afloat medical
facilities, including coordination as necessary with the
Department of Defense, including other military
departments (as defined in section 101 of title 10);
``(C) the availability of aeromedical evacuation;
``(D) the operational capabilities of the vessel
concerned;
``(E) the qualifications of medical personnel
onboard;
``(F) coordination with law enforcement and the
preservation of evidence;
``(G) the means of accessing a sexual assault
forensic examination and medical care with a restricted
report of sexual assault;
``(H) the availability of nonprescription pregnancy
prophylactics; and
``(I) other unique military considerations.''.
(b) Clerical Amendment.--The analysis for chapter 5 of title 14,
United States Code, <<NOTE: 14 USC prec. 501.>> is amended by inserting
after the item relating to section 563 the following:
``564. Administration of sexual assault forensic examination kits.''.
(c) Study.--
(1) <<NOTE: Contracts. Assessment.>> In general.--Not later
than 1 year after the date of the enactment of this Act, the
Secretary shall seek to enter into an agreement with the
National Academy of Sciences under which the National Academy of
Sciences shall conduct a study to assess challenges and
prospective solutions associated with sexual assault at sea, to
include the provision of survivor care, forensic examination of
the victim, and evidence collection.
(2) Contents.--The study under paragraph (1) shall, at a
minimum, address the feasibility of crisis response services and
physical evaluation through telemedicine and other options
[[Page 136 STAT. 4067]]
concerning immediate access to care whether onboard the vessel
or at the nearest shore side facility, including best practices
for administering sexual assault forensic examinations.
(3) Elements.--The study under paragraph (1) shall--
(A) take into account--
(i) the safety and security of the alleged
victim of sexual assault;
(ii) the ability to properly identify,
document, and preserve any evidence relevant to
the allegation of sexual assault;
(iii) the applicable criminal procedural laws
relating to authenticity, relevance, preservation
of evidence, chain of custody, and any other
matter relating to evidentiary admissibility; and
(iv) best practices of conducting sexual
assault forensic examinations, as such term is
defined in section 40723 of title 34, United
States Code;
(B) provide any appropriate recommendation for
changes to existing laws, regulations, or employer
policies;
(C) solicit public stakeholder input from
individuals and organizations with relevant expertise in
sexual assault response including healthcare, advocacy
services, law enforcement, and prosecution;
(D) <<NOTE: Evaluation. Time period.>> evaluate the
operational capabilities of the Coast Guard since 2013
in providing alleged victims of sexual assault immediate
access to care onboard a vessel undertaking a
prescheduled voyage that, at any point during such
voyage, would require the vessel to travel 3 consecutive
days or longer to reach a land-based or afloat medical
facility, including--
(i) the average of and range in the reported
hours taken to evacuate an individual with any
medical emergency to a land-based or afloat
medical facility; and
(ii) the number of alleged victims, subjects,
and total incidents of sexual assault and sexual
harassment occurring while underway reported
annually; and
(E) <<NOTE: Summaries. Time period.>> summarize the
financial cost, required operational adjustments, and
potential benefits to the Coast Guard to provide sexual
assault forensic examination kits onboard Coast Guard
vessels undertaking a prescheduled voyage that, at any
point during such voyage, would require the vessel to
travel 3 consecutive days or longer to reach a land-
based or afloat medical facility.
(4) Report.--Upon completion of the study under paragraph
(1), the National Academy of Sciences shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate, the Committee on Transportation and Infrastructure of
the House of Representatives, and the Secretary a report on the
findings of the study.
(5) <<NOTE: 14 USC 564 note.>> Annual report.--The
Commandant shall submit to the Transportation and Infrastructure
Committee of the House and the Commerce, Science, and
Transportation Committee of the Senate a report containing the
number of sexual assault forensic examinations that were
requested by, but not administered within 3 days to, alleged
victims of sexual assault when such victims were onboard a
vessel.
[[Page 136 STAT. 4068]]
(6) Savings clause.--In collecting the information required
under paragraphs (2) and (3), the Commandant shall collect such
information in a manner which protects the privacy rights of
individuals who are subjects of such information.
SEC. 11273. <<NOTE: 14 USC note prec. 2501.>> POLICY ON REQUESTS
FOR PERMANENT CHANGES OF STATION OR
UNIT TRANSFERS BY PERSONS WHO REPORT
BEING THE VICTIM OF SEXUAL ASSAULT.
(a) Interim Update.--Not later than 30 days after the date of
enactment of this Act, the Commandant, in consultation with the Director
of the Health, Safety, and Work Life Directorate, shall issue an interim
update to Coast Guard policy guidance to allow a member of the Coast
Guard who has reported being the victim of a sexual assault, or any
other offense covered by section 920, 920c, or 930 of title 10, United
States Code (article 120, 120c, or 130 of the Uniform Code of Military
Justice), to request an immediate change of station or an immediate unit
transfer.
(b) Final Policy.--The Commandant shall issue a final policy based
on the interim updates issued under the preceding sentence not later
than 1 year after the date of enactment of this Act.
SEC. 11274. <<NOTE: 14 USC note prec. 2501.>> SEX OFFENSES AND
PERSONNEL RECORDS.
Not <<NOTE: Deadline. Regulations.>> later than 180 days after the
date of enactment of this Act, the Commandant shall issue final
regulations or policy guidance required to fully implement section 1745
of the National Defense Authorization Act for Fiscal Year 2014 (Public
Law 113-66; 10 U.S.C. 1561 note) with respect to members of the Coast
Guard.
SEC. 11275. STUDY ON SPECIAL VICTIMS' COUNSEL PROGRAM.
(a) <<NOTE: Deadline. Contracts.>> In General.--Not later than 30
days after the date of enactment of this Act, the Secretary shall enter
into an agreement with a federally funded research and development
center for the conduct of a study on--
(1) the Special Victims' Counsel program of the Coast Guard;
(2) Coast Guard investigations of sexual assault offenses
for cases in which the subject of the investigation is no longer
under jeopardy for the alleged misconduct for reasons including
the death of the accused, a lapse in the statute of limitations
for the alleged offense, and a fully adjudicated criminal trial
of the alleged offense in which all appeals have been exhausted;
and
(3) legal support and representation provided to members of
the Coast Guard who are victims of sexual assault, including in
instances in which the accused is a member of the Army, Navy,
Air Force, Marine Corps, or Space Force.
(b) <<NOTE: Assessments.>> Elements.--The study required by
subsection (a) shall assess the following:
(1) The Special Victims' Counsel program of the Coast Guard,
including training, effectiveness, capacity to handle the number
of cases referred, and experience with cases involving members
of the Coast Guard or members of another armed force (as defined
in section 101 of title 10, United States Code).
(2) The experience of Special Victims' Counsels in
representing members of the Coast Guard during a court-martial.
[[Page 136 STAT. 4069]]
(3) Policies concerning the availability and detailing of
Special Victims' Counsels for sexual assault allegations, in
particular such allegations in which the accused is a member of
another armed force (as defined in section 101 of title 10,
United States Code), and the impact that the cross-service
relationship had on--
(A) the competence and sufficiency of services
provided to the alleged victim; and
(B) the interaction between--
(i) the investigating agency and the Special
Victims' Counsels; and
(ii) the prosecuting entity and the Special
Victims' Counsels.
(4) Training provided to, or made available for, Special
Victims' Counsels and paralegals with respect to Department of
Defense processes for conducting sexual assault investigations
and Special Victims' Counsel representation of sexual assault
victims.
(5) The ability of Special Victims' Counsels to operate
independently without undue influence from third parties,
including the command of the accused, the command of the victim,
the Judge Advocate General of the Coast Guard, and the Deputy
Judge Advocate General of the Coast Guard.
(6) The skill level and experience of Special Victims'
Counsels, as compared to special victims' counsels available to
members of the Army, Navy, Air Force, Marine Corps, and Space
Force.
(7) Policies regarding access to an alternate Special
Victims' Counsel, if requested by the member of the Coast Guard
concerned, and potential improvements for such policies.
(c) <<NOTE: Recommenda- tions.>> Report.--Not later than 180 days
after entering into an agreement under subsection (a), the federally
funded research and development center shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report that includes--
(1) the findings of the study required by such subsection;
(2) recommendations to improve the coordination, training,
and experience of Special Victims' Counsels of the Coast Guard
so as to improve outcomes for members of the Coast Guard who
have reported sexual assault; and
(3) any other recommendation the federally funded research
and development center considers appropriate.
TITLE CXIII--ENVIRONMENT
Subtitle A--Marine Mammals
SEC. 11301. <<NOTE: 16 USC 1390 note.>> DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
[[Page 136 STAT. 4070]]
(B) the Committees on Transportation and
Infrastructure and Natural Resources of the House of
Representatives.
(2) Core foraging habitats.--The term ``core foraging
habitats'' means areas--
(A) with biological and physical oceanographic
features that aggregate Calanus finmarchicus; and
(B) where North Atlantic right whales foraging
aggregations have been well documented.
(3) Exclusive economic zone.--The term ``exclusive economic
zone'' has the meaning given that term in section 107 of title
46, United States Code.
(4) Institution of higher education.--The term ``institution
of higher education'' has the meaning given that term in section
101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(5) Large cetacean.--The term ``large cetacean'' means all
endangered or threatened species within--
(A) the suborder Mysticeti;
(B) the genera Physeter; or
(C) the genera Orcinus.
(6) Near real-time.--The term ``near real-time'', with
respect to monitoring of whales, means that visual, acoustic, or
other detections of whales are processed, transmitted, and
reported as close to the time of detection as is technically
feasible.
(7) Nonprofit organization.--The term ``nonprofit
organization'' means an organization that is described in
section 501(c) of the Internal Revenue Code of 1986 and exempt
from tax under section 501(a) of such Code.
(8) Puget sound region.--The term ``Puget Sound region''
means the Vessel Traffic Service Puget Sound area described in
section 161.55 of title 33, Code of Federal Regulations (as of
the date of enactment of this Act).
(9) Tribal government.--The term ``Tribal government'' means
the recognized governing body of any Indian or Alaska Native
Tribe, band, nation, pueblo, village, community, component band,
or component reservation, individually identified (including
parenthetically) in the list published most recently as of the
date of enactment of this Act pursuant to section 104 of the
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C.
5131).
(10) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of Commerce for Oceans and Atmosphere.
SEC. 11302. <<NOTE: 16 USC 1390.>> ASSISTANCE TO PORTS TO REDUCE
IMPACTS OF VESSEL TRAFFIC AND PORT
OPERATIONS ON MARINE MAMMALS.
(a) <<NOTE: Deadline.>> In General.--Not later than 180 days after
the date of enactment of this Act, the Under Secretary, in consultation
with the Director of the United States Fish and Wildlife Service, the
Secretary, the Secretary of Defense, and the Administrator of the
Maritime Administration, shall establish a grant program to provide
assistance to eligible entities to develop and implement mitigation
measures that will lead to a quantifiable reduction in threats to marine
mammals from vessel traffic, including shipping activities and port
operations.
[[Page 136 STAT. 4071]]
(b) Eligible Uses.--Assistance provided under subsection (a) may be
used to develop, assess, and carry out activities that reduce threats to
marine mammals by--
(1) reducing underwater stressors related to marine traffic;
(2) reducing mortality and serious injury from vessel
strikes and other physical disturbances;
(3) monitoring sound;
(4) reducing vessel interactions with marine mammals;
(5) conducting other types of monitoring that are consistent
with reducing the threats to, and enhancing the habitats of,
marine mammals; or
(6) supporting State agencies and Tribal governments in
developing the capacity to receive assistance under this section
through education, training, information sharing, and
collaboration to participate in the grant program under this
section.
(c) Priority.--The Under Secretary shall prioritize providing
assistance under subsection (a) for projects that--
(1) are based on the best available science with respect to
methods to reduce threats to marine mammals;
(2) collect data on the effects of such methods and the
reduction of such threats;
(3) assist ports that pose a higher relative threat to
marine mammals listed as threatened or endangered under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(4) are in close proximity to areas in which threatened or
endangered cetaceans are known to experience other stressors; or
(5) allow eligible entities to conduct risk assessments and
to track progress toward threat reduction.
(d) Outreach.--The Under Secretary, in coordination with the
Secretary, the Administrator of the Maritime Administration, and the
Director of the United States Fish and Wildlife Service, as appropriate,
shall conduct coordinated outreach to ports to provide information with
respect to--
(1) how to apply for assistance under subsection (a);
(2) the benefits of such assistance; and
(3) facilitation of best practices and lessons, including
the best practices and lessons learned from activities carried
out using such assistance.
(e) <<NOTE: Public information. Web posting.>> Report Required.--
Not less frequently than annually, the Under Secretary shall make
available to the public on a publicly accessible website of the National
Oceanic and Atmospheric Administration a report that includes the
following information:
(1) The name and location of each entity to which assistance
was awarded under subsection (a) during the year preceding
submission of the report.
(2) The amount of each such award.
(3) A description of the activities carried out with each
such award.
(4) <<NOTE: Estimate.>> An estimate of the likely impact of
such activities on the reduction of threats to marine mammals.
(f) Definition of Eligible Entity.--In this section, the term
``eligible entity'' means--
(1) a port authority for a port;
(2) a State, regional, local, or Tribal government, or an
Alaska Native or Native Hawaiian entity that has jurisdiction
over a maritime port authority or a port;
[[Page 136 STAT. 4072]]
(3) an academic institution, research institution, or
nonprofit organization working in partnership with a port; or
(4) a consortium of entities described in paragraphs (1)
through (3).
(g) <<NOTE: Time period.>> Funding.--From funds otherwise
appropriated to the Under Secretary, $10,000,000 is authorized to carry
out this section for each of fiscal years 2023 through 2028.
(h) Savings Clause.--An activity may not be carried out under this
section if the Secretary of Defense, in consultation with the Under
Secretary, determines that the activity would negatively impact the
defense readiness or the national security of the United States.
SEC. 11303. <<NOTE: 16 USC 1391.>> NEAR REAL-TIME MONITORING AND
MITIGATION PROGRAM FOR LARGE
CETACEANS.
(a) Establishment.--The Under Secretary, in coordination with the
heads of other relevant Federal agencies, shall design and deploy a
cost-effective, efficient, and results-oriented near real-time
monitoring and mitigation program (referred to in this section as the
``Program'') for threatened or endangered cetaceans.
(b) Purpose.--The purpose of the Program shall be to reduce the risk
to large cetaceans posed by vessel collisions and to minimize other
impacts on large cetaceans through the use of near real-time location
monitoring and location information.
(c) Requirements.--The Program shall--
(1) prioritize species of large cetaceans for which impacts
from vessel collisions are of particular concern;
(2) prioritize areas where such impacts are of particular
concern;
(3) be capable of detecting and alerting ocean users and
enforcement agencies of the probable location of large cetaceans
on an actionable real-time basis, including through real-time
data whenever possible;
(4) inform sector-specific mitigation protocols to
effectively reduce takes (as defined in section 216.3 of title
50, Code of Federal Regulations, or successor regulations) of
large cetaceans;
(5) integrate technology improvements; and
(6) be informed by technologies, monitoring methods, and
mitigation protocols developed under the pilot project required
under subsection (d).
(d) Pilot Project.--
(1) Establishment.--In carrying out the Program, the Under
Secretary shall first establish a pilot monitoring and
mitigation project (referred to in this section as the ``pilot
project'') for North Atlantic right whales for the purposes of
informing the Program.
(2) Requirements.--In designing and deploying the pilot
project, the Under Secretary, in coordination with the heads of
other relevant Federal agencies, shall, using the best available
scientific information, identify and ensure coverage of--
(A) core foraging habitats; and
(B) important feeding, breeding, calving, rearing,
or migratory habitats of North Atlantic right whales
that co-occur with areas of high risk of mortality or
serious injury of such whales from vessels, vessel
strikes, or disturbance.
[[Page 136 STAT. 4073]]
(3) <<NOTE: Deadline. Whales.>> Components.--Not later than
3 years after the date of enactment of this Act, the Under
Secretary, in consultation with relevant Federal agencies and
Tribal governments, and with input from affected stakeholders,
shall design and deploy a near real-time monitoring system for
North Atlantic right whales that--
(A) comprises the best available detection power,
spatial coverage, and survey effort to detect and
localize North Atlantic right whales within habitats
described in paragraph (2);
(B) is capable of detecting North Atlantic right
whales, including visually and acoustically;
(C) uses dynamic habitat suitability models to
inform the likelihood of North Atlantic right whale
occurrence habitats described in paragraph (2) at any
given time;
(D) <<NOTE: Coordination.>> coordinates with the
Integrated Ocean Observing System of the National
Oceanic and Atmospheric Administration and Regional
Ocean Partnerships to leverage monitoring assets;
(E) integrates historical data;
(F) integrates new near real-time monitoring methods
and technologies as such methods and technologies become
available;
(G) <<NOTE: Verification.>> accurately verifies and
rapidly communicates detection data to appropriate ocean
users;
(H) <<NOTE: Standards.>> creates standards for
contributing, and allows ocean users to contribute, data
to the monitoring system using comparable near real-time
monitoring methods and technologies;
(I) communicates the risks of injury to large
cetaceans to ocean users in a manner that is most likely
to result in informed decision-making regarding the
mitigation of those risks; and
(J) minimizes additional stressors to large
cetaceans as a result of the information available to
ocean users.
(4) Reports.--
(A) Preliminary report.--
(i) In general.--Not later than 2 years after
the date of enactment of this Act, the Under
Secretary shall submit to the Committee on
Commerce, Science, and Transportation of the
Senate and the Committee on Natural Resources of
the House of Representatives, and make available
to the public, a preliminary report on the pilot
project.
(ii) Elements.--The report required under
clause (i) shall include the following:
(I) A description of the monitoring
methods and technology in use or planned
for deployment under the pilot project.
(II) <<NOTE: Analysis. Whales.>> An
analysis of the efficacy of the methods
and technology in use or planned for
deployment for detecting North Atlantic
right whales.
(III) <<NOTE: Assessment. Whales.>>
An assessment of the manner in which the
monitoring system designed and deployed
under this subsection is directly
informing and improving the management,
health, and survival of North Atlantic
right whales.
[[Page 136 STAT. 4074]]
(IV) A prioritized identification of
technology or research gaps.
(V) <<NOTE: Plan.>> A plan to
communicate the risks of injury to large
cetaceans to ocean users in a manner
that is most likely to result in
informed decision making regarding the
mitigation of such risks.
(VI) Any other information on the
potential benefits and efficacy of the
pilot project the Under Secretary
considers appropriate.
(B) Final report.--
(i) <<NOTE: Public information.>> In
general.--Not later than 6 years after the date of
enactment of this Act, the Under Secretary, in
coordination with the heads of other relevant
Federal agencies, shall submit to the Committee on
Commerce, Science, and Transportation of the
Senate and the Committee on Natural Resources of
the House of Representatives, and make available
to the public, a final report on the pilot
project.
(ii) Elements.--The report required under
clause (i) shall--
(I) address the preliminary report
required under subparagraph (A); and
(II) include--
(aa) <<NOTE: Assessment.>>
an assessment of the benefits
and efficacy of the pilot
project;
(bb) <<NOTE: Strategic
plan.>> a strategic plan to
expand the pilot project to
provide near real-time
monitoring and mitigation
measures--
(AA) to additional large
cetaceans of concern for
which such measures would
reduce risk of serious
injury or death; and
(BB) in important
feeding, breeding, calving,
rearing, or migratory
habitats of large cetaceans
that co-occur with areas of
high risk of mortality or
serious injury from vessel
strikes or disturbance;
(cc) a budget and
description of funds necessary
to carry out such plan;
(dd) <<NOTE: Acquisition
plan.>> a prioritized plan for
acquisition, deployment, and
maintenance of monitoring
technologies; and
(ee) the locations or
species to which such plan would
apply.
(e) <<NOTE: Whales.>> Mitigation Protocols.--The Under Secretary,
in consultation with the Secretary, the Secretary of Defense, the
Secretary of Transportation, and the Secretary of the Interior, and with
input from affected stakeholders, shall develop and deploy mitigation
protocols that make use of any monitoring system designed and deployed
under this section to direct sector-specific mitigation measures that
avoid and significantly reduce risk of serious injury and mortality to
North Atlantic right whales.
(f) <<NOTE: Public information. Web posting.>> Access to Data.--The
Under Secretary shall provide access to data generated by any monitoring
system designed and deployed under this section for purposes of
scientific research and evaluation and public awareness and education,
including through the Right Whale Sighting Advisory System of the
National Oceanic and Atmospheric Administration and WhaleMap or other
successor
[[Page 136 STAT. 4075]]
public website portals, subject to review for national security
considerations.
(g) Additional Authority.--The Under Secretary may enter into and
perform such contracts, leases, grants, or cooperative agreements as may
be necessary to carry out this section on such terms as the Under
Secretary considers appropriate, consistent with the Federal Acquisition
Regulation.
(h) <<NOTE: Determination.>> Savings Clause.--An activity may not
be carried out under this section if the Secretary of Defense, in
consultation with the Under Secretary, determines that the activity
would negatively impact the defense readiness or the national security
of the United States.
(i) <<NOTE: Time period.>> Funding.--From funds otherwise
appropriated to the Under Secretary $5,000,000 is authorized to support
development, deployment, application, and ongoing maintenance of the
Program and to otherwise carry out this section for each of fiscal years
2023 through 2027.
SEC. 11304. <<NOTE: 16 USC 1390 note.>> PILOT PROGRAM TO
ESTABLISH A CETACEAN DESK FOR PUGET
SOUND REGION.
(a) Establishment.--
(1) <<NOTE: Deadline.>> In general.--Not later than 1 year
after the date of enactment of this Act, the Secretary, with the
concurrence of the Under Secretary, shall carry out a pilot
program to establish a Cetacean Desk, which shall be--
(A) located and manned within the Puget Sound Vessel
Traffic Service; and
(B) designed--
(i) to improve coordination with the maritime
industry to reduce the risk of vessel impacts on
large cetaceans, including impacts from vessel
strikes, disturbances, and other sources; and
(ii) to monitor the presence and location of
large cetaceans during the months during which
such large cetaceans are present in Puget Sound,
the Strait of Juan de Fuca, and the United States
portion of the Salish Sea.
(2) Duration and staffing.--The pilot program required under
paragraph (1)--
(A) shall--
(i) be for a duration of 4 years; and
(ii) require not more than 1 full-time
equivalent position, who shall also contribute to
other necessary Puget Sound Vessel Traffic Service
duties and responsibilities as needed; and
(B) may be supported by other existing Federal
employees, as appropriate.
(b) Engagement With Vessel Operators.--
(1) <<NOTE: Requirement.>> In general.--In carrying out the
pilot program required under subsection (a), the Secretary shall
require personnel of the Cetacean Desk to engage with vessel
operators in areas where large cetaceans have been seen or could
reasonably be present to ensure compliance with applicable laws,
regulations, and voluntary guidance, to reduce the impact of
vessel traffic on large cetaceans.
(2) Contents.--In engaging with vessel operators as required
under paragraph (1), personnel of the Cetacean Desk
[[Page 136 STAT. 4076]]
shall communicate where and when sightings of large cetaceans
have occurred.
(c) Memorandum of Understanding.--The Secretary and the Under
Secretary may enter into a memorandum of understanding to facilitate
real-time sharing of data relating to large cetaceans between the Quiet
Sound program of the State of Washington, the National Oceanic and
Atmospheric Administration, the Puget Sound Vessel Traffic Service, and
other relevant entities, as appropriate.
(d) Data.--The Under Secretary shall leverage existing data
collection methods, the program required by section 11303, and public
data to ensure accurate and timely information on the sighting of large
cetaceans.
(e) Consultations.--
(1) In general.--In carrying out the pilot program required
under subsection (a), the Secretary shall consult with Tribal
governments, the State of Washington, institutions of higher
education, the maritime industry, ports in the Puget Sound
region, and nongovernmental organizations.
(2) Coordination with canada.--When appropriate, the
Secretary shall coordinate with the Government of Canada,
consistent with policies and agreements relating to management
of vessel traffic in Puget Sound.
(f) Puget Sound Vessel Traffic Service Local Variance and Policy.--
The Secretary, with the concurrence of the Under Secretary and in
consultation with the Captain of the Port for the Puget Sound region--
(1) shall implement local variances, as authorized by
subsection (c) of section 70001 of title 46, United States Code,
to reduce the impact of vessel traffic on large cetaceans; and
(2) may enter into cooperative agreements, in accordance
with subsection (d) of such section, with Federal, State,
Tribal, and local officials to reduce the likelihood of vessel
interactions with protected large cetaceans, which may include--
(A) communicating marine mammal protection guidance
to vessels;
(B) training on requirements imposed by local,
State, Tribal, and Federal laws and regulations and
guidelines concerning--
(i) vessel buffer zones;
(ii) vessel speed;
(iii) seasonal no-go zones for vessels;
(iv) protected areas, including areas
designated as critical habitat, as applicable to
marine operations; and
(v) any other activities to reduce the direct
and indirect impact of vessel traffic on large
cetaceans;
(C) training to understand, utilize, and communicate
large cetacean location data; and
(D) training to understand and communicate basic
large cetacean detection, identification, and behavior,
including--
(i) cues of the presence of large cetaceans
such as spouts, water disturbances, breaches, or
presence of prey;
[[Page 136 STAT. 4077]]
(ii) important feeding, breeding, calving, and
rearing habitats that co-occur with areas of high
risk of vessel strikes;
(iii) seasonal large cetacean migration routes
that co-occur with areas of high risk of vessel
strikes; and
(iv) areas designated as critical habitat for
large cetaceans.
(g) <<NOTE: Evaluations.>> Report Required.--Not later than 1 year
after the date of enactment of this Act, and every 2 years thereafter
for the duration of the pilot program, the Commandant, in coordination
with the Under Secretary and the Administrator of the Maritime
Administration, shall submit to the appropriate congressional committees
a report that--
(1) evaluates the functionality, utility, reliability,
responsiveness, and operational status of the Cetacean Desk
established under this section, including a quantification of
reductions in vessel strikes to large cetaceans as a result of
the pilot program;
(2) <<NOTE: Assessment.>> assesses the efficacy of
communication between the Cetacean Desk and the maritime
industry and provides recommendations for improvements;
(3) evaluates the integration and interoperability of
existing data collection methods, as well as public data, into
the Cetacean Desk operations;
(4) <<NOTE: Assessment.>> assesses the efficacy of
collaboration and stakeholder engagement with Tribal
governments, the State of Washington, institutions of higher
education, the maritime industry, ports in the Puget Sound
region, and nongovernmental organizations; and
(5) evaluates the progress, performance, and implementation
of guidance and training procedures for Puget Sound Vessel
Traffic Service personnel, as required under subsection (f).
SEC. 11305. <<NOTE: 16 USC 1392.>> MONITORING OCEAN SOUNDSCAPES.
(a) In General.--The Under Secretary shall maintain and expand an
ocean soundscape development program to--
(1) <<NOTE: Grants.>> award grants to expand the deployment
of Federal and non-Federal observing and data management systems
capable of collecting measurements of underwater sound for
purposes of monitoring and analyzing baselines and trends in the
underwater soundscape to protect and manage marine life;
(2) <<NOTE: Applicability.>> continue to develop and apply
standardized forms of measurements to assess sounds produced by
marine animals, physical processes, and anthropogenic
activities; and
(3) <<NOTE: Coordination. Public information.>> after
coordinating with the Secretary of Defense, coordinate and make
accessible to the public the datasets, modeling and analysis,
and user-driven products and tools resulting from observations
of underwater sound funded through grants awarded under
paragraph (1).
(b) Coordination.--The program described in subsection (a) shall--
(1) include the Ocean Noise Reference Station Network of the
National Oceanic and Atmospheric Administration and the National
Park Service;
(2) use and coordinate with the Integrated Ocean Observing
System; and
[[Page 136 STAT. 4078]]
(3) coordinate with the Regional Ocean Partnerships and the
Director of the United States Fish and Wildlife Service, as
appropriate.
(c) Priority.--In awarding grants under subsection (a), the Under
Secretary shall consider the geographic diversity of the recipients of
such grants.
(d) <<NOTE: Determination.>> Savings Clause.--An activity may not
be carried out under this section if the Secretary of Defense, in
consultation with the Under Secretary, determines that the activity
would negatively impact the defense readiness or the national security
of the United States.
(e) <<NOTE: Time period.>> Funding.--From funds otherwise
appropriated to the Under Secretary, $1,500,000 is authorized for each
of fiscal years 2023 through 2028 to carry out this section.
Subtitle B--Oil Spills
SEC. 11306. REPORT ON CHANGING SALVORS.
Section 311(c)(3) of the Federal Water Pollution Control Act (33
U.S.C. 1321(c)(3)) is amended by adding at the end the following:
``(C) <<NOTE: Time period.>> In any case in which the
President or the Federal On-Scene Coordinator authorizes a
deviation from the salvor as part of a deviation under
subparagraph (B) from the applicable response plan required
under subsection (j), the Commandant of the Coast Guard shall
submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report describing
the deviation and the reasons for such deviation not less than 3
days after such deviation is authorized.''.
SEC. 11307. <<NOTE: 33 USC 1321 note.>> LIMITED INDEMNITY
PROVISIONS IN STANDBY OIL SPILL
RESPONSE CONTRACTS.
(a) In General.--Subject to subsections (b) and (c), a contract with
the Coast Guard for the containment or removal of a discharge entered
into by the President under section 311(c) of the Federal Water
Pollution Control Act (33 U.S.C. 1321(c)) shall contain a provision to
indemnify a contractor for liabilities and expenses incidental to the
containment or removal arising out of the performance of the contract
that is substantially identical to the terms contained in subsections
(d) through (h) of section H.4 (except for paragraph (1) of subsection
(d)) of the contract offered by the Coast Guard in the solicitation
numbered DTCG89-98- A-68F953, dated November 17, 1998.
(b) Requirements.--
(1) Source of funds.--The provision required under
subsection (a) shall include a provision that the obligation to
indemnify is limited to funds available in the Oil Spill
Liability Trust Fund established by section 9509(a) of the
Internal Revenue Code of 1986 at the time the claim for
indemnity is made.
(2) Uncompensated removal.--A claim for indemnity under a
contract described in subsection (a) shall be made as a claim
for uncompensated removal costs under section 1012(a)(4) of the
Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(4)).
[[Page 136 STAT. 4079]]
(3) Limitation.--The total indemnity for a claim under a
contract described in subsection (a) may not be more than
$50,000 per incident.
(c) Applicability of Exemptions.--Notwithstanding subsection (a),
the United States shall not be obligated to indemnify a contractor for
any act or omission of the contractor carried out pursuant to a contract
entered into under this section where such act or omission is grossly
negligent or which constitutes willful misconduct.
SEC. 11308. <<NOTE: 33 USC 2761 note.>> IMPROVING OIL SPILL
PREPAREDNESS.
The Under Secretary of Commerce for Oceans and Atmosphere shall
include in the Automated Data Inquiry for Oil Spills database (or a
successor database) used by National Oceanic and Atmospheric
Administration oil weathering models new data, including peer-reviewed
data, on properties of crude and refined oils, including data on diluted
bitumen, as such data becomes publicly available.
SEC. 11309. WESTERN ALASKA OIL SPILL PLANNING CRITERIA.
(a) Alaska Oil Spill Planning Criteria Program.--
(1) In general.--Chapter 3 of title 14, United States Code,
is amended by adding at the end the following:
``Sec. 323. <<NOTE: 14 USC 323.>> Western Alaska Oil Spill
Planning Criteria Program
``(a) Establishment.--There is established within the Coast Guard a
Western Alaska Oil Spill Planning Criteria Program (referred to in this
section as the `Program') to develop and administer the Western Alaska
oil spill planning criteria.
``(b) Program Manager.--
``(1) <<NOTE: Deadline. Time period.>> In general.--Not
later than 1 year after the date of enactment of this section,
the Commandant shall select a permanent civilian career employee
through a competitive search process for a term of not less than
5 years to serve as the Western Alaska Oil Spill Criteria
Program Manager (referred to in this section as the `Program
Manager')--
``(A) the primary duty of whom shall be to
administer the Program; and
``(B) who shall not be subject to frequent or
routine reassignment.
``(2) Conflicts of interest.--The individual selected to
serve as the Program Manager shall not have conflicts of
interest relating to entities regulated by the Coast Guard.
``(3) Duties.--
``(A) Development of guidance.--The Program Manager
shall develop guidance for--
``(i) approval, drills, and testing relating
to the Western Alaska oil spill planning criteria;
and
``(ii) gathering input concerning such
planning criteria from Federal agencies, State and
local governments, Tribes, and relevant industry
and nongovernmental entities.
``(B) <<NOTE: Deadline.>> Assessments.--Not less
frequently than once every 5 years, the Program Manager
shall--
``(i) assess whether such existing planning
criteria adequately meet the needs of vessels
operating in the geographic area; and
[[Page 136 STAT. 4080]]
``(ii) identify methods for advancing response
capability so as to achieve, with respect to a
vessel, compliance with national planning
criteria.
``(C) Onsite verifications.--The Program Manager
shall address the relatively small number and limited
nature of verifications of response capabilities for
vessel response plans by increasing, within the
Seventeenth Coast Guard District, the quantity and
frequency of onsite verifications of the providers
identified in vessel response plans.
``(c) Training.--The Commandant shall enhance the knowledge and
proficiency of Coast Guard personnel with respect to the Program by--
``(1) developing formalized training on the Program that, at
a minimum--
``(A) provides in-depth analysis of--
``(i) the national planning criteria described
in part 155 of title 33, Code of Federal
Regulations (as in effect on the date of enactment
of this section);
``(ii) alternative planning criteria;
``(iii) Western Alaska oil spill planning
criteria;
``(iv) Captain of the Port and Federal On-
Scene Coordinator authorities related to
activation of a vessel response plan;
``(v) the responsibilities of vessel owners
and operators in preparing a vessel response plan
for submission; and
``(vi) responsibilities of the Area Committee,
including risk analysis, response capability, and
development of alternative planning criteria;
``(B) explains the approval processes of vessel
response plans that involve alternative planning
criteria or Western Alaska oil spill planning criteria;
and
``(C) provides instruction on the processes involved
in carrying out the actions described in paragraphs
(9)(D) and (9)(F) of section 311(j) of the Federal Water
Pollution Control Act (33 U.S.C. 1321(j)), including
instruction on carrying out such actions--
``(i) in any geographic area in the United
States; and
``(ii) specifically in the Seventeenth Coast
Guard District; and
``(2) providing such training to all Coast Guard personnel
involved in the Program.
``(d) Definitions.--In this section:
``(1) Alternative planning criteria.--The term `alternative
planning criteria' means criteria submitted under section
155.1065 or 155.5067 of title 33, Code of Federal Regulations
(as in effect on the date of enactment of this section), for
vessel response plans.
``(2) Tribe.--The term `Tribe' has the meaning given the
term `Indian Tribe' in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(3) Vessel response plan.--The term `vessel response plan'
means a plan required to be submitted by the owner
[[Page 136 STAT. 4081]]
or operator of a tank vessel or a nontank vessel under
regulations issued by the President under section 311(j)(5) of
the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(5)).
``(4) Western alaska oil spill planning criteria.--The term
`Western Alaska oil spill planning criteria' means the criteria
required to be established under paragraph (9) of section 311(j)
of the Federal Water Pollution Control Act (33 U.S.C.
1321(j)).''.
(2) Clerical amendment.--The analysis for chapter 3 of title
14, United States Code, <<NOTE: 14 USC prec. 301.>> is amended
by adding at the end the following:
``323. Western Alaska Oil Spill Planning Criteria Program.''.
(b) Western Alaska Oil Spill Planning Criteria.--
(1) Amendment.--Section 311(j) of the Federal Water
Pollution Control Act (33 U.S.C. 1321(j)) is amended by adding
at the end the following:
``(9) Western alaska oil spill planning criteria program.--
``(A) Definitions.--In this paragraph:
``(i) Alternative planning criteria.--The term
`alternative planning criteria' means criteria
submitted under section 155.1065 or 155.5067 of
title 33, Code of Federal Regulations (as in
effect on the date of enactment of this
paragraph), for vessel response plans.
``(ii) Prince william sound captain of the
port zone.--The term `Prince William Sound Captain
of the Port Zone' means the area described in
section 3.85-15(b) of title 33, Code of Federal
Regulations (or successor regulations).
``(iii) Secretary.--The term `Secretary' means
the Secretary of the department in which the Coast
Guard is operating.
``(iv) Vessel response plan.--The term `vessel
response plan' means a plan required to be
submitted by the owner or operator of a tank
vessel or a nontank vessel under regulations
issued by the President under paragraph (5).
``(v) Western alaska captain of the port
zone.--The term `Western Alaska Captain of the
Port Zone' means the area described in section
3.85-15(a) of title 33, Code of Federal
Regulations (as in effect on the date of enactment
of this paragraph).
``(B) Requirement.--Except as provided in
subparagraph (I), for any part of the area of
responsibility of the Western Alaska Captain of the Port
Zone or the Prince William Sound Captain of the Port
Zone for which the Secretary has determined that the
national planning criteria established pursuant to this
subsection are inappropriate for a vessel operating in
such area, a vessel response plan with respect to a
discharge of oil for such a vessel shall comply with the
Western Alaska oil spill planning criteria established
under subparagraph (D)(i).
``(C) <<NOTE: Applicability.>> Relation to national
planning criteria.--The Western Alaska oil spill
planning criteria established under subparagraph (D)(i)
shall, with respect to a discharge of oil from a vessel
described in subparagraph (B), apply in lieu of any
alternative planning criteria accepted for
[[Page 136 STAT. 4082]]
vessels operating, prior to the date on which the
Western Alaska oil spill planning criteria are
established, in any part of the area of responsibility
of the Western Alaska Captain of the Port Zone or the
Prince William Sound Captain of the Port Zone for which
the Secretary has determined that the national planning
criteria established pursuant to this subsection are
inappropriate for a vessel operating in such area.
``(D) Establishment of western alaska oil spill
planning criteria.--
``(i) <<NOTE: President.>> In general.--The
President, acting through the Commandant, in
consultation with the Western Alaska Oil Spill
Criteria Program Manager selected under section
323 of title 14, United States Code, shall
establish--
``(I) Western Alaska oil spill
planning criteria for a worst case
discharge of oil, and a substantial
threat of such a discharge, within any
part of the area of responsibility of
the Western Alaska Captain of the Port
Zone or Prince William Sound Captain of
the Port Zone for which the Secretary
has determined that the national
planning criteria established pursuant
to this subsection are inappropriate for
a vessel operating in such area; and
``(II) standardized submission,
review, approval, and compliance
verification processes for the Western
Alaska oil spill planning criteria
established under this clause, including
the quantity and frequency of drills and
on-site verifications of vessel response
plans approved pursuant to such planning
criteria.
``(ii) Development of subregions.--
``(I) Development.--After
establishing the Western Alaska oil
spill planning criteria under clause
(i), and if necessary to adequately
reflect the needs and capabilities of
various locations within the Western
Alaska Captain of the Port Zone, the
President, acting through the
Commandant, and in consultation with the
Western Alaska Oil Spill Criteria
Program Manager selected under section
323 of title 14, United States Code, may
develop subregions for which planning
criteria may differ from planning
criteria for other subregions in the
Western Alaska Captain of the Port Zone.
``(II) Limitation.--Any planning
criteria for a subregion developed under
this clause may not be less stringent
than the Western Alaska oil spill
planning criteria established under
clause (i).
``(iii) <<NOTE: President.>> Assessment.--
``(I) In general.--Prior to
developing a subregion, the President,
acting through the Commandant, shall
conduct an assessment on any potential
impacts to the entire Western Alaska
Captain of the Port Zone to include
quantity and availability of response
resources in the proposed
[[Page 136 STAT. 4083]]
subregion and in surrounding areas and
any changes or impacts to surrounding
areas resulting in the development of a
subregion with different standards.
``(II) Consultation.--In conducting
an assessment under this clause, the
President, acting through the
Commandant, shall consult with State and
local governments, Tribes (as defined in
section 323 of title 14, United States
Code), the owners and operators that
would operate under the proposed
subregions, oil spill removal
organizations, Alaska Native
organizations, and environmental
nongovernmental organizations, and shall
take into account any experience with
the prior use of subregions within the
State of Alaska.
``(III) Submission.--The President,
acting through the Commandant, shall
submit the results of an assessment
conducted under this clause to the
Committee on Transportation and
Infrastructure of the House of
Representatives and the Committee on
Commerce, Science, and Transportation of
the Senate.
``(E) Inclusions.--
``(i) Requirements.--The Western Alaska oil
spill planning criteria established under
subparagraph (D)(i) shall include planning
criteria for the following:
``(I) Mechanical oil spill response
resources that are required to be
located within any part of the area of
responsibility of the Western Alaska
Captain of the Port Zone or the Prince
William Sound Captain of the Port Zone
for which the Secretary has determined
that the national planning criteria
established pursuant to this subsection
are inappropriate for a vessel operating
in such area.
``(II) Response times for
mobilization of oil spill response
resources and arrival on the scene of a
worst case discharge of oil, or
substantial threat of such a discharge,
occurring within such part of such area.
``(III) Pre-identified vessels for
oil spill response that are capable of
operating in the ocean environment.
``(IV) Ensuring the availability of
at least 1 oil spill removal
organization that is classified by the
Coast Guard and that--
``(aa) is capable of
responding in all operating
environments in such part of
such area;
``(bb) controls oil spill
response resources of dedicated
and nondedicated resources
within such part of such area,
through ownership, contracts,
agreements, or other means
approved by the President,
sufficient--
``(AA) to mobilize and
sustain a response to a
worst case discharge of oil;
and
[[Page 136 STAT. 4084]]
``(BB) to contain,
recover, and temporarily
store discharged oil;
``(cc) has pre-positioned
oil spill response resources in
strategic locations throughout
such part of such area in a
manner that ensures the ability
to support response personnel,
marine operations, air cargo, or
other related logistics
infrastructure;
``(dd) has temporary storage
capability using both dedicated
and non-dedicated assets located
within such part of such area;
``(ee) has non-mechanical
oil spill response resources
capable of responding to a
discharge of persistent oil and
a discharge of nonpersistent
oil, whether the discharged oil
was carried by a vessel as fuel
or cargo; and
``(ff) has wildlife response
resources for primary,
secondary, and tertiary
responses to support carcass
collection, sampling,
deterrence, rescue, and
rehabilitation of birds, sea
turtles, marine mammals, fishery
resources, and other wildlife.
``(V) With respect to tank barges
carrying nonpersistent oil in bulk as
cargo, oil spill response resources that
are required to be carried on board.
``(VI) Specifying a minimum length
of time that approval of a vessel
response plan under this paragraph is
valid.
``(VII) Managing wildlife protection
and rehabilitation, including identified
wildlife protection and rehabilitation
resources in that area.
``(ii) Additional considerations.--The Western
Alaska oil spill planning criteria established
under subparagraph (D)(i) may include planning
criteria for the following:
``(I) Vessel routing measures
consistent with international routing
measure deviation protocols.
``(II) Maintenance of real-time
continuous vessel tracking, monitoring,
and engagement protocols with the
ability to detect and address vessel
operation anomalies.
``(F) <<NOTE: President.>> Requirement for
approval.--The President may approve a vessel response
plan for a vessel under this paragraph only if the owner
or operator of the vessel demonstrates the availability
of the oil spill response resources required to be
included in the vessel response plan under the Western
Alaska oil spill planning criteria established under
subparagraph (D)(i).
``(G) Periodic audits.--The Secretary shall conduct
periodic audits to ensure compliance of vessel response
plans and oil spill removal organizations within the
Western Alaska Captain of the Port Zone and the Prince
William Sound Captain of the Port Zone with the Western
Alaska oil spill planning criteria established under
subparagraph (D)(i).
``(H) <<NOTE: Deadline.>> Review of
determination.--Not less frequently than once every 5
years, the Secretary shall review each
[[Page 136 STAT. 4085]]
determination of the Secretary under subparagraph (B)
that the national planning criteria established pursuant
to this subsection are inappropriate for a vessel
operating in the area of responsibility of the Western
Alaska Captain of the Port Zone and the Prince William
Sound Captain of the Port Zone.
``(I) Vessels in cook inlet.--Unless otherwise
authorized by the Secretary, a vessel may only operate
in Cook Inlet, Alaska, under a vessel response plan
approved under paragraph (5) that meets the requirements
of the national planning criteria established pursuant
to this subsection.
``(J) Savings provisions.--Nothing in this paragraph
affects--
``(i) the requirements under this subsection
applicable to vessel response plans for vessels
operating within the area of responsibility of the
Western Alaska Captain of the Port Zone, within
Cook Inlet, Alaska;
``(ii) the requirements under this subsection
applicable to vessel response plans for vessels
operating within the area of responsibility of the
Prince William Sound Captain of the Port Zone that
are subject to section 5005 of the Oil Pollution
Act of 1990 (33 U.S.C. 2735); or
``(iii) the authority of a Federal On-Scene
Coordinator to use any available resources when
responding to an oil spill.''.
(2) <<NOTE: 33 USC 1321 note.>> Establishment of western
alaska oil spill planning criteria.--
(A) Deadline.--Not later than 2 years after the date
of enactment of this Act, the President shall establish
the Western Alaska oil spill planning criteria required
to be established under paragraph (9)(D)(i) of section
311(j) of the Federal Water Pollution Control Act (33
U.S.C. 1321(j)).
(B) Consultation.--In establishing the Western
Alaska oil spill planning criteria described in
subparagraph (A), the President shall consult with the
Federal agencies, State and local governments, Tribes
(as defined in section 323 of title 14, United States
Code), the owners and operators that would be subject to
such planning criteria, oil spill removal organizations,
Alaska Native organizations, and environmental
nongovernmental organizations.
(C) Congressional report.--Not later than 2 years
after the date of enactment of this Act, the Secretary
shall submit to Congress a report describing the status
of implementation of paragraph (9) of section 311(j) of
the Federal Water Pollution Control Act (33 U.S.C.
1321(j)).
SEC. 11310. <<NOTE: Reports.>> COAST GUARD CLAIMS PROCESSING
COSTS.
Section 1012(a)(4) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(4)) is amended by striking ``damages;'' and inserting ``damages,
including, in the case of a spill of national significance that results
in extraordinary Coast Guard claims processing activities, the
administrative and personnel costs of the Coast Guard to process such
claims (including the costs of commercial claims processing, expert
services, training, and technical services), subject
[[Page 136 STAT. 4086]]
to the condition that the Coast Guard shall submit to Congress a report
describing each spill of national significance not later than 30 days
after the date on which the Coast Guard determines it necessary to
process such claims;''.
SEC. 11311. CALCULATION OF INTEREST ON DEBT OWED TO NATIONAL
POLLUTION FUND.
Section 1005(b)(4) of the Oil Pollution Act of 1990 (33 U.S.C.
2705(b)(4)) is amended--
(1) by striking ``The interest paid'' and inserting the
following:
``(A) In general.--The interest paid for claims,
other than Federal Government cost recovery claims,'';
and
(2) by adding at the end the following:
``(B) Federal cost recovery claims.--The interest
paid for Federal Government cost recovery claims under
this section shall be calculated in accordance with
section 3717 of title 31, United States Code.''.
SEC. 11312. PER-INCIDENT LIMITATION.
Subparagraph (A) of section 9509(c)(2) of the Internal Revenue Code
of 1986 <<NOTE: 26 USC 9509.>> is amended--
(1) in clause (i) by striking ``$1,000,000,000'' and
inserting ``$1,500,000,000'';
(2) in clause (ii) by striking ``$500,000,000'' and
inserting ``$750,000,000''; and
(3) in the heading by striking ``$1,000,000,000'' and
inserting ``$1,500,000,000''.
SEC. 11313. ACCESS TO OIL SPILL LIABILITY TRUST FUND.
Section 6002 of the Oil Pollution Act of 1990 (33 U.S.C. 2752) is
amended by striking subsection (b) and inserting the following:
``(b) Exceptions.--
``(1) In general.--Subsection (a) shall not apply to--
``(A) section 1006(f), 1012(a)(4), or 5006; or
``(B) an amount, which may not exceed $50,000,000 in
any fiscal year, made available by the President from
the Fund--
``(i) to carry out section 311(c) of the
Federal Water Pollution Control Act (33 U.S.C.
1321(c)); and
``(ii) to initiate the assessment of natural
resources damages required under section 1006.
``(2) Fund advances.--
``(A) In general.--To the extent that the amount
described in subparagraph (B) of paragraph (1) is not
adequate to carry out the activities described in such
subparagraph, the Coast Guard may obtain 1 or more
advances from the Fund as may be necessary, up to a
maximum of $100,000,000 for each advance, with the total
amount of advances not to exceed the amounts available
under section 9509(c)(2) of the Internal Revenue Code of
1986.
``(B) <<NOTE: Deadline.>> Notification to
congress.--Not later than 30 days after the date on
which the Coast Guard obtains an advance under
subparagraph (A), the Coast Guard shall notify Congress
of--
``(i) the amount advanced; and
``(ii) the facts and circumstances that
necessitated the advance.
[[Page 136 STAT. 4087]]
``(C) Repayment.--Amounts advanced under this
paragraph shall be repaid to the Fund when, and to the
extent that, removal costs are recovered by the Coast
Guard from responsible parties for the discharge or
substantial threat of discharge.
``(3) Availability.--Amounts to which this subsection
applies shall remain available until expended.''.
SEC. 11314. COST-REIMBURSABLE AGREEMENTS.
Section 1012 of the Oil Pollution Act of 1990 (33 U.S.C. 2712) is
amended--
(1) in subsection (a)(1)(B) by striking ``by a Governor or
designated State official'' and inserting ``by a State, a
political subdivision of a State, or an Indian tribe, pursuant
to a cost-reimbursable agreement'';
(2) by striking subsections (d) and (e) and inserting the
following:
``(d) Cost-Reimbursable Agreement.--
``(1) <<NOTE: President.>> In general.--In carrying out
section 311(c) of the Federal Water Pollution Control Act (33
U.S.C. 1321(c)), the President may enter into cost-reimbursable
agreements with a State, a political subdivision of a State, or
an Indian tribe to obligate the Fund for the payment of removal
costs consistent with the National Contingency Plan.
``(2) Inapplicability.--Chapter 63 and section 1535 of title
31, United States Code shall not apply to a cost-reimbursable
agreement entered into under this subsection.''; and
(3) by redesignating subsections (f), (h), (i), (j), (k),
and (l) as subsections (e), (f), (g), (h), (i), and (j),
respectively.
SEC. 11315. <<NOTE: 33 USC 1321 note.>> OIL SPILL RESPONSE
REVIEW.
(a) In General.--Subject to the availability of appropriations, the
Commandant shall develop and carry out a program--
(1) <<NOTE: Evaluation. Analyses.>> to increase collection
and improve the quality of incident data on oil spill location
and response capability by periodically evaluating the data,
documentation, and analysis of--
(A) Coast Guard-approved vessel response plans,
including vessel response plan audits and assessments;
(B) oil spill response drills conducted under
section 311(j)(7) of the Federal Water Pollution Control
Act (33 U.S.C. 1321(j)(7)) that occur within the Marine
Transportation System; and
(C) responses to oil spill incidents that require
mobilization of contracted response resources;
(2) to improve the effectiveness of vessel response plans
by--
(A) systematically reviewing the capacity of an oil
spill response organization identified in a vessel
response plan to provide the specific response
resources, such as private personnel, equipment, other
vessels identified in such vessel response plan; and
(B) approving a vessel response plan only after
confirming the identified oil spill response
organization has the capacity to provide such response
resources;
(3) <<NOTE: Update. Deadline.>> to update, not less
frequently than annually, information contained in the Coast
Guard Response Resource Inventory and other Coast Guard tools
used to document the availability
[[Page 136 STAT. 4088]]
and status of oil spill response equipment, so as to ensure that
such information remains current; and
(4) subject to section 552 of title 5, United States Code
(commonly known as the ``Freedom of Information Act''), to make
data collected under paragraph (1) available to the public.
(b) <<NOTE: Deadline.>> Policy.--Not later than 1 year after the
date of enactment of this Act, the Commandant shall issue a policy--
(1) <<NOTE: Processes.>> to establish processes to maintain
the program under subsection (a) and support Coast Guard oil
spill prevention and response activities, including by
incorporating oil spill incident data from after-action oil
spill reports and data ascertained from vessel response plan
exercises and audits into--
(A) review and approval process standards and
metrics;
(B) alternative planning criteria review processes;
(C) Area Contingency Plan development;
(D) risk assessments developed under section 70001
of title 46, United States Code, including lessons
learned from reportable marine casualties;
(E) processes and standards which mitigate the
impact of military personnel rotations in Coast Guard
field units on knowledge and awareness of vessel
response plan requirements, including knowledge relating
to the evaluation of proposed alternatives to national
planning requirements; and
(F) processes and standards which evaluate the
consequences of reporting inaccurate data in vessel
response plans submitted to the Commandant pursuant to
part 300 of title 40, Code of Federal Regulations, and
submitted for storage in the Marine Information for
Safety and Law Enforcement database pursuant to section
300.300 of such title (or any successor regulation);
(2) <<NOTE: Guidance.>> to standardize and develop tools,
training, and other relevant guidance that may be shared with
vessel owners and operators to assist with accurately
calculating and measuring the performance and viability of
proposed alternatives to national planning criteria requirements
and Area Contingency Plans administered by the Coast Guard;
(3) to improve training of Coast Guard personnel to ensure
continuity of planning activities under this section, including
by identifying ways in which civilian staffing may improve the
continuity of operations; and
(4) to increase Federal Government engagement with State,
local, and Tribal governments and stakeholders so as to
strengthen coordination and efficiency of oil spill responses.
(c) <<NOTE: Analyses.>> Periodic Updates.--Not less frequently than
every 5 years, the Commandant shall update the processes established
under subsection (b)(1) to incorporate relevant analyses of--
(1) incident data on oil spill location and response
quality;
(2) oil spill risk assessments;
(3) oil spill response effectiveness and the effects of such
response on the environment;
(4) oil spill response drills conducted under section
311(j)(7) of the Federal Water Pollution Control Act (33 U.S.C.
1321(j)(7));
(5) marine casualties reported to the Coast Guard; and
[[Page 136 STAT. 4089]]
(6) near miss incidents documented by a vessel traffic
service center (as such terms are defined in sections 70001(m)
of title 46, United States Code).
(d) Report.--
(1) <<NOTE: Briefings.>> In general.--Not later than 1 year
after the date of enactment of this Act, and annually thereafter
for 5 years, the Commandant shall provide to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a briefing on the status of ongoing and planned
efforts to improve the effectiveness and oversight of the
program established under subsection (a) and vessel response
plan approvals.
(2) <<NOTE: Web posting.>> Public availability.--The
Commandant shall publish the briefing required under paragraph
(1) on a publicly accessible website of the Coast Guard.
SEC. 11316. <<NOTE: 46 USC 3306 note.>> ADDITIONAL EXCEPTIONS TO
REGULATIONS FOR TOWING VESSELS.
(a) <<NOTE: Deadline. Review.>> In General.--Not later than 180
days after the date of enactment of this Act, the Secretary shall review
existing Coast Guard policies with respect to exceptions to the
applicability of subchapter M of chapter I of title 46, Code of Federal
Regulations (or successor regulations), for--
(1) an oil spill response vessel, or a vessel of
opportunity, while such vessel is--
(A) towing boom for oil spill response; or
(B) participating in an oil response exercise; and
(2) a fishing vessel while that vessel is operating as a
vessel of opportunity.
(b) <<NOTE: Deadline. Revision.>> Policy.--Not later than 180 days
after the conclusion of the review required under subsection (a), the
Secretary shall revise or issue any necessary policy to clarify the
applicability of subchapter M of chapter I of title 46, Code of Federal
Regulations (or successor regulations) to the vessels described in
subsection (a). Such a policy shall ensure safe and effective operation
of such vessels.
(c) Definitions.--In this section:
(1) Fishing vessel; oil spill response vessel.--The terms
``fishing vessel'' and ``oil spill response vessel'' have the
meanings given such terms in section 2101 of title 46, United
States Code.
(2) Vessel of opportunity.--The term ``vessel of
opportunity'' means a vessel engaged in spill response
activities that is normally and substantially involved in
activities other than spill response and not a vessel carrying
oil as a primary cargo.
SEC. 11317. PORT COORDINATION COUNCIL FOR POINT SPENCER.
Section 541 of the Coast Guard Authorization Act of 2016 (Public Law
114-120) is amended--
(1) in subsection (b)(2) by striking ``BSNC'' and inserting
the following: ``BSNC (to serve as Council Chair).
``(3) The Denali Commission.
``(4) An oil spill removal organization that serves the area
in which such Port is located.
``(5) A salvage and marine firefighting organization that
serves the area in which such Port is located.''; and
[[Page 136 STAT. 4090]]
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (B) by striking the
semicolon and inserting ``; and'';
(ii) by striking ``; and'' and inserting the
following: ``at Point Spencer in support of the
activities for which Congress finds a compelling
need in section 531 of this subtitle.''; and
(iii) by striking subparagraph (D); and
(B) by striking paragraph (3) and inserting the
following:
``(3) Facilitate coordination among members of the Council
on the development and use of the land and coastline of Point
Spencer, as such development and use relate to activities of the
Council at the Port of Point Spencer.''.
Subtitle C--Environmental Compliance
SEC. 11318. PROVIDING REQUIREMENTS FOR VESSELS ANCHORED IN
ESTABLISHED ANCHORAGE GROUNDS.
(a) In General.--Subchapter I of chapter 700 of title 46, United
States Code, is amended by adding at the end the following:
``Sec. 70007. <<NOTE: 46 USC 70007.>> Anchorage grounds
``(a) Anchorage Grounds.--
``(1) Establishment.--The Secretary of the department in
which the Coast Guard is operating shall define and establish
anchorage grounds in the navigable waters of the United States
for vessels operating in such waters.
``(2) Relevant factors for establishment.--In carrying out
paragraph (1), the Secretary shall take into account all
relevant factors concerning navigational safety, protection of
the marine environment, proximity to undersea pipelines and
cables, safe and efficient use of Marine Transportation System,
and national security.
``(b) <<NOTE: Determination. Compliance.>> Vessel Requirements.--
Vessels, of certain sizes or type determined by the Secretary, shall--
``(1) set and maintain an anchor alarm for the duration of
an anchorage;
``(2) comply with any directions or orders issued by the
Captain of the Port; and
``(3) comply with any applicable anchorage regulations.
``(c) Prohibitions.--A vessel may not--
``(1) anchor in any Federal navigation channel unless
authorized or directed to by the Captain of the Port;
``(2) anchor in near proximity, within distances determined
by the Coast Guard, to an undersea pipeline or cable, unless
authorized or directed to by the Captain of the Port; and
``(3) anchor or remain anchored in an anchorage ground
during any period in which the Captain of the Port orders
closure of the anchorage ground due to inclement weather,
navigational hazard, a threat to the environment, or other
safety or security concern.
``(d) Safety Exception.--Nothing in this section shall be construed
to prevent a vessel from taking actions necessary to maintain the safety
of the vessel or to prevent the loss of life or property.''.
[[Page 136 STAT. 4091]]
(b) Regulatory Review.--
(1) <<NOTE: Deadline.>> Review required.--Not later than 1
year after the date of enactment of this Act, the Secretary
shall review existing policies, final agency actions,
regulations, or other rules relating to anchorage promulgated
under section 70006 of title 46, United States Code and--
(A) identify any such regulations or rules that may
need modification or repeal--
(i) in the interest of marine safety,
security, and environmental concerns, taking into
account undersea pipelines, cables, or other
infrastructure; or
(ii) to implement the amendments made by this
section; and
(B) complete a cost-benefit analysis for any
modification or repeal identified under paragraph (1).
(2) <<NOTE: Deadline.>> Briefing.--Upon completion of the
review under paragraph (1), but not later than 2 years after the
date of enactment of this Act, the Secretary shall provide a
briefing to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives that
summarizes such review.
(c) <<NOTE: 46 USC 70007 note.>> Savings Clause.--Nothing in this
section shall limit any authority available, as of the date of enactment
of this Act, to the captain of a port with respect to safety measures or
any other authority as necessary for the safety of vessels located in
anchorage grounds in the navigable waters of the United States.
(d) Clerical Amendment.--The analysis for chapter 700 of title 46,
United States Code, <<NOTE: 46 USC prec. 70001.>> is amended by
inserting after the item relating to section 70006 the following:
``70007. Anchorage grounds.''.
(e) <<NOTE: 46 USC 70007 note.>> Applicability of Regulations.--The
amendments made by subsection (a) may not be construed to alter any
existing rules, regulations, or final agency actions issued under
section 70006 of title 46, United States Code, as in effect on the day
before the date of enactment of this Act, until all regulations required
under subsection (b) take effect.
SEC. 11319. STUDY ON IMPACTS ON SHIPPING AND COMMERCIAL, TRIBAL,
AND RECREATIONAL FISHERIES FROM
DEVELOPMENT OF RENEWABLE ENERGY ON
WEST COAST.
(a) <<NOTE: Deadline. Contracts.>> Study.--Not later than 180 days
after the date of enactment of this Act, the Secretary, the Secretary of
the Interior, and the Under Secretary of Commerce for Oceans and
Atmosphere, shall seek to enter into an agreement with the National
Academies of Science, Engineering, and Medicine under which the National
Academy of Sciences, Engineering, and Medicine shall carry out a study
to--
(1) <<NOTE: Analyses.>> identify, document, and analyze--
(A) historic and current, as of the date of the
study, Tribal, commercial, and recreational fishing
grounds, as well as areas where fish stocks are likely
to shift in the future in all covered waters;
(B) usual and accustomed fishing areas in all
covered waters;
[[Page 136 STAT. 4092]]
(C) historic, current, and potential future shipping
lanes, based on projected growth in shipping traffic in
all covered waters;
(D) current and expected Coast Guard operations
relevant to commercial fishing activities, including
search and rescue, radar, navigation, communications,
and safety within and near renewable energy sites; and
(E) key types of data needed to properly site
renewable energy sites on the West Coast, with regard to
assessing and mitigating conflicts;
(2) <<NOTE: Analyses.>> analyze--
(A) methods used to manage fishing, shipping, and
other maritime activities; and
(B) potential future interactions between such
activities and the placement of renewable energy
infrastructure and the associated construction,
maintenance, and operation of such infrastructure,
including potential benefits and methods of mitigating
adverse impacts; and
(3) <<NOTE: Review. Recommenda- tions.>> review the current
decision-making process for offshore wind in covered waters, and
outline recommendations for governmental consideration of all
impacted coastal communities, particularly Tribal governments
and fisheries communities, in the decision-making process for
offshore wind in covered waters, including recommendations for--
(A) ensuring the appropriate governmental
consideration of potential benefits of offshore wind in
covered waters; and
(B) risk reduction and mitigation of adverse impacts
on Coast Guard operations relevant to commercial fishing
activities.
(b) <<NOTE: Deadline.>> Submission.--Not later than 1 year after
commencing the study under subsection (a), the Secretary shall--
(1) submit the study to the Committees on Commerce, Science,
and Transportation, and Energy and Natural Resources of the
Senate and the Committees on Transportation and Infrastructure,
Natural Resources, and Energy and Commerce of the House of
Representatives, including the review and outline provided under
subsection (a)(3); and
(2) <<NOTE: Public information.>> make the study publicly
available.
(c) Definitions.--In this section:
(1) Covered waters.--The term ``covered waters'' means
Federal or State waters off of the Canadian border and out to
the furthest extent of the exclusive economic zone along the
West Coast of the United States.
(2) Exclusive economic zone.--The term ``exclusive economic
zone'' has the meaning given such term in section 107 of title
46, United States Code.
SEC. 11320. USE OF DEVICES BROADCASTING ON AIS FOR PURPOSES OF
MARKING FISHING GEAR.
The <<NOTE: Time period.>> Secretary shall, within the Eleventh
Coast Guard District, Thirteenth Coast Guard District, Fourteenth Coast
Guard District, and Seventeenth Coast Guard District, suspend
enforcement of individuals using automatic identification systems
devices to mark fishing equipment during the period beginning on the
date of enactment of this Act and ending on the earlier of--
[[Page 136 STAT. 4093]]
(1) the date that is 2 years after such date of enactment;
or
(2) the date on which the Federal Communications Commission
promulgates a final rule to authorize a device used to mark
fishing equipment to operate in radio frequencies assigned for
Automatic Identification System stations.
Subtitle D--Environmental Issues
SEC. 11321. <<NOTE: Deadlines.>> NOTIFICATION OF COMMUNICATION
OUTAGES.
(a) Upgrades to Rescue 21 System in Alaska.--Not later than August
30, 2023, the Commandant shall ensure the timely upgrade of the Rescue
21 system in Alaska so as to achieve 98 percent operational availability
of remote fixed facility sites.
(b) Plan to Reduce Outages.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall develop an
operations and maintenance plan for the Rescue 21 system in
Alaska that anticipates maintenance needs so as to reduce Rescue
21 system outages to the maximum extent practicable.
(2) <<NOTE: Web posting.>> Public availability.--The plan
required under paragraph (1) shall be made available to the
public on a publicly accessible website.
(c) Report Required.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report that--
(1) <<NOTE: Plan.>> contains a plan for the Coast Guard to
notify mariners of radio outages for towers owned and operated
by the Seventeenth Coast Guard District;
(2) addresses in such plan how the Seventeenth Coast Guard
will--
(A) disseminate updates regarding outages on social
media not less frequently than every 48 hours;
(B) provide updates on a publicly accessible website
not less frequently than every 48 hours;
(C) develop methods for notifying mariners in areas
in which cellular connectivity does not exist; and
(D) develop and advertise a web-based communications
update hub on AM/FM radio for mariners; and
(3) identifies technology gaps that need to be mitigated in
order to implement the plan and provides a budgetary assessment
necessary to implement the plan.
(d) Contingency Plan.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall, in collaboration
with relevant Federal, State, Tribal, and other relevant
entities (including the North Pacific Fishery Management
Council, the National Oceanic and Atmospheric Administration
Weather Service, the National Oceanic and Atmospheric
Administration Fisheries Service, agencies of the State of
Alaska, local radio stations, and stakeholders), establish a
contingency plan to ensure that notifications of an outage of
the Rescue 21 system in Alaska are broadly disseminated in
advance of such an outage.
[[Page 136 STAT. 4094]]
(2) Elements.--The contingency plan required under paragraph
(1) shall require the Coast Guard to--
(A) <<NOTE: Time period.>> disseminate updates
regarding outages of the Rescue 21 system in Alaska on
social media not less frequently than every 48 hours
during an outage;
(B) <<NOTE: Update. Public information. Web
posting. Time period. Deadline.>> provide updates on a
publicly accessible website not less frequently than
every 48 hours during an outage;
(C) notify mariners in areas in which cellular
connectivity does not exist;
(D) develop and advertise a web-based communications
update hub on AM/FM radio for mariners; and
(E) <<NOTE: Assessment.>> identify technology gaps
necessary to implement the plan and provides a budgetary
assessment necessary to implement the plan.
SEC. 11322. <<NOTE: 46 USC 4502 note.>> IMPROVEMENTS TO
COMMUNICATION WITH FISHING INDUSTRY
AND RELATED STAKEHOLDERS.
(a) <<NOTE: Public information. Website.>> In General.--The
Commandant, in coordination with the National Commercial Fishing Safety
Advisory Committee established by section 15102 of title 46, United
States Code, shall develop a publicly accessible website that contains
all information related to fishing industry activities, including vessel
safety, inspections, enforcement, hazards, training, regulations
(including proposed regulations), outages of the Rescue 21 system in
Alaska and similar outages, and any other fishing-related activities.
(b) Automatic Communications.--The Commandant shall provide methods
for regular and automatic email communications with stakeholders who
elect, through the website developed under subsection (a), to receive
such communications.
SEC. 11323. <<NOTE: 14 USC 504 note.>> ADVANCE NOTIFICATION OF
MILITARY OR OTHER EXERCISES.
In <<NOTE: Public information. Web posting.>> consultation with the
Secretary of Defense, the Secretary of State, and commercial fishing
industry participants, the Commandant shall develop and publish on a
publicly available website a plan for notifying United States mariners
and the operators of United States fishing vessels in advance of--
(1) military exercises in the exclusive economic zone (as
defined in section 3 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1802)); or
(2) other military activities that will impact recreational
or commercial activities.
SEC. 11324. MODIFICATIONS TO SPORT FISH RESTORATION AND BOATING
TRUST FUND ADMINISTRATION.
(a) Dingell-Johnson Sport Fish Restoration Act Amendments.--
(1) Available amounts.--Section 4(b)(1)(B)(i) of the
Dingell-Johnson Sport Fish Restoration Act (16 U.S.C.
777c(b)(1)(B)(i)) is amended to read as follows:
``(i) for the fiscal year that includes
November 15, 2021, the product obtained by
multiplying--
``(I) $12,786,434; and
``(II) the change, relative to the
preceding fiscal year, in the Consumer
Price Index for All Urban Consumers
published by the Department of Labor;
and''.
[[Page 136 STAT. 4095]]
(2) Authorized expenses.--Section 9(a) of the Dingell-
Johnson Sport Fish Restoration Act (16 U.S.C. 777h(a)) is
amended--
(A) in paragraph (7) by striking ``full-time''; and
(B) in paragraph (9) by striking ``on a full-time
basis''.
(b) Pittman-Robertson Wildlife Restoration Act Amendments.--
(1) Available amounts.--Section 4(a)(1)(B)(i) of the
Pittman-Robertson Wildlife Restoration Act (16 U.S.C.
669c(a)(1)(B)(i)) is amended to read as follows:
``(i) for the fiscal year that includes
November 15, 2021, the product obtained by
multiplying--
``(I) $12,786,434; and
``(II) the change, relative to the
preceding fiscal year, in the Consumer
Price Index for All Urban Consumers
published by the Department of Labor;
and''.
(2) Authorized expenses.--Section 9(a) of the Pittman-
Robertson Wildlife Restoration Act (16 U.S.C. 669h(a)) is
amended--
(A) in paragraph (7) by striking ``full-time''; and
(B) in paragraph (9) by striking ``on a full-time
basis''.
SEC. 11325. LOAD LINES.
(a) <<NOTE: Time period.>> Application to Certain Vessels.--During
the period beginning on the date of enactment of this Act and ending on
the date that is 3 years after the date on which the report required
under subsection (b) is submitted, the load line requirements of chapter
51 of title 46, United States Code, shall not apply to covered fishing
vessels.
(b) GAO Report.--
(1) In general.--Not later than 12 months after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives--
(A) a report on the safety and seaworthiness of
vessels described in section 5102(b)(5) of title 46,
United States Code; and
(B) <<NOTE: Recommenda- tions.>> recommendations
for exempting certain vessels from the load line
requirements under chapter 51 of title 46 of such Code.
(2) Elements.--The report required under paragraph (1) shall
include the following:
(A) <<NOTE: Assessment.>> An assessment of
stability requirements of vessels referenced in section
5102(b)(5) of title 46, United States Code.
(B) <<NOTE: Analysis.>> An analysis of vessel
casualties, mishaps, or other safety information
relevant to load line requirements when a vessel is
operating part-time as a fish tender vessel.
(C) <<NOTE: Assessment.>> An assessment of any
other safety information as the Comptroller General
determines appropriate.
(D) <<NOTE: List.>> A list of all vessels that, as
of the date of the report--
(i) are covered under section 5102(b)(5) of
title 46, United States Code;
[[Page 136 STAT. 4096]]
(ii) are acting as part-time fish tender
vessels; and
(iii) are subject to any captain of the port
zone subject to the oversight of the Commandant.
(3) Consultation.--In preparing the report required under
paragraph (1), the Comptroller General shall consider
consultation with, at a minimum, the maritime industry,
including--
(A) relevant Federal, State, and Tribal maritime
associations and groups; and
(B) relevant federally funded research institutions,
nongovernmental organizations, and academia.
(c) Savings Clause.--Nothing in this section shall limit any
authority available, as of the date of enactment of this Act, to the
captain of a port with respect to safety measures or any other authority
as necessary for the safety of covered fishing vessels.
(d) <<NOTE: Time periods.>> Definition of Covered Fishing Vessel.--
In this section, the term ``covered fishing vessel'' means a vessel that
operates exclusively in one, or both, of the Thirteenth and Seventeenth
Coast Guard Districts and that--
(1) was constructed, under construction, or under contract
to be constructed as a fish tender vessel before January 1,
1980;
(2) was converted for use as a fish tender vessel before
January 1, 2022, and--
(A) has a valid stability letter issued in
accordance with regulations prescribed under chapter 51
of title 46, United States Code; and
(B) the hull and internal structure of the vessel
has been verified as suitable for intended service as
examined by a marine surveyor of an organization
accepted by the Secretary two times in the past five
years with no interval of more than three years between
such examinations; or
(3) operates part-time as a fish tender vessel for a period
of less than 180 days.
SEC. 11326. ACTIONS BY NATIONAL MARINE FISHERIES SERVICE TO
INCREASE ENERGY PRODUCTION.
(a) In General.--The National Marine Fisheries Service shall,
immediately upon the enactment of this Act, take action to address the
outstanding backlog of letters of authorization for the Gulf of Mexico.
(b) Sense of Congress.--It is the sense of Congress that the
National Marine Fisheries Service should--
(1) take immediate action to issue a rule that allows the
Service to approve outstanding and future applications for
letters of authorization consistent with the permitting
activities of the Service; and
(2) on or after the effective date of such rule, prioritize
the consideration of applications in a manner that is consistent
with applicable Federal law.
SEC. 11327. AQUATIC NUISANCE SPECIES TASK FORCE.
(a) Recreational Vessel Defined.--Section 1003 of the Nonindigenous
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4702) is
amended--
(1) by redesignating paragraphs (13) through (17) as
paragraphs (15) through (19), respectively; and
(2) by inserting after paragraph (12) the following:
[[Page 136 STAT. 4097]]
``(13) `State' means each of the several States, the
District of Columbia, American Samoa, Guam, Puerto Rico, the
Northern Mariana Islands, and the Virgin Islands of the United
States;
``(14) `recreational vessel' has the meaning given that term
in section 502 of the Federal Water Pollution Control Act (33
U.S.C. 1362);''.
(b) Observers.--Section 1201 of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4721) is amended by adding
at the end the following:
``(g) Observers.--The chairpersons designated under subsection (d)
may invite representatives of nongovernmental entities to participate as
observers of the Task Force.''.
(c) Aquatic Nuisance Species Task Force.--Section 1201(b) of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16
U.S.C. 4721(b)) is amended--
(1) in paragraph (6) by striking ``and'' at the end;
(2) by redesignating paragraph (7) as paragraph (10); and
(3) by inserting after paragraph (6) the following:
``(7) the Director of the National Park Service;
``(8) the Director of the Bureau of Land Management;
``(9) the Commissioner of Reclamation; and''.
(d) Aquatic Nuisance Species Program.--Section 1202 of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16
U.S.C. 4722) is amended--
(1) in subsection (e) by adding at the end the following:
``(4) Technical assistance and recommendations.--The Task
Force may provide technical assistance and recommendations for
best practices to an agency or entity engaged in vessel
inspections or decontaminations for the purpose of--
``(A) effectively managing and controlling the
movement of aquatic nuisance species into, within, or
out of water of the United States; and
``(B) inspecting recreational vessels in a manner
that minimizes disruptions to public access for boating
and recreation in non-contaminated vessels.
``(5) Consultation and input.--In carrying out paragraph
(4), including the development of recommendations, the Task
Force may consult with Indian Tribes and solicit input from--
``(A) State and Tribal fish and wildlife management
agencies;
``(B) other State and Tribal agencies that manage
fishery resources of the State or sustain fishery
habitat; and
``(C) relevant nongovernmental entities.''; and
(2) in subsection (k) by adding at the end the following:
``(3) <<NOTE: Reports. Recommenda- tions.>> Not later than
90 days after the date of enactment of the Don Young Coast Guard
Authorization Act of 2022, the Task Force shall submit a report
to Congress recommending legislative, programmatic, or
regulatory changes to eliminate remaining gaps in authorities
between members of the Task Force to effectively manage and
control the movement of aquatic nuisance species.''.
(e) Technical Corrections and Conforming Amendments.--The
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16
U.S.C. 4701 et seq.) is further amended--
[[Page 136 STAT. 4098]]
(1) in section 1002(b)(2) by inserting a comma after
``funded'';
(2) in section 1003 in paragraph (7) by striking
``Canandian'' and inserting ``Canadian'';
(3) in section 1203(a)--
(A) in paragraph (1)(F) by inserting ``and'' after
``research,''; and
(B) in paragraph (3) by striking ``encourage'' and
inserting ``encouraged'';
(4) in section 1204(b)(4) in the paragraph heading by
striking ``Adminisrative'' and inserting ``Administrative''; and
(5) in section 1209 by striking ``subsection (a)'' and
inserting ``section 1202(a)''.
SEC. 11328. SAFETY STANDARDS.
(a) In General.--Section 4502 of title 46, United States Code, is
amended--
(1) in subsection (i)(4) by striking ``each of fiscal years
2018 through 2021'' and inserting ``fiscal year 2023''; and
(2) in subsection (j)(4) by striking ``each of fiscal years
2018 through 2021'' and inserting ``fiscal year 2023''.
(b) Authorization of Appropriations.--Section 9 of the Maritime
Debris Act (33 U.S.C. 1958) is amended--
(1) in subsection (a) by striking ``each of fiscal years
2018 through 2022'' and inserting ``fiscal year 2023''; and
(2) in subsection (b) by striking ``2702(1)'' and inserting
``4902(1)''.
Subtitle E--Illegal Fishing and Forced Labor Prevention
SEC. <<NOTE: 16 USC 1885a note.>> 11329. DEFINITIONS.
In this subtitle:
(1) Forced labor.--The term ``forced labor'' means any labor
or service provided for or obtained by any means described in
section 1589(a) of title 18, United States Code.
(2) Human trafficking.--The term ``human trafficking'' has
the meaning given the term ``severe forms of trafficking in
persons'' in section 103 of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7102).
(3) Illegal, unreported, or unregulated fishing.--The term
``illegal, unreported, or unregulated fishing'' has the meaning
given such term in the implementing regulations or any
subsequent regulations issued pursuant to section 609(e) of the
High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826j(e)).
(4) Oppressive child labor.--The term ``oppressive child
labor'' has the meaning given such term in section 3 of the Fair
Labor Standards Act of 1938 (29 U.S.C. 203).
(5) Seafood.--The term ``seafood'' means all marine animal
and plant life meant for consumption as food other than marine
mammals and birds, including fish, shellfish, shellfish
products, and processed fish.
(6) Seafood import monitoring program.--The term ``Seafood
Import Monitoring Program'' means the Seafood Traceability
Program established in subpart Q of part 300
[[Page 136 STAT. 4099]]
of title 50, Code of Federal Regulations (or any successor
regulation).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the Under Secretary of Commerce for
Oceans and Atmosphere.
CHAPTER 1--COMBATING HUMAN TRAFFICKING THROUGH SEAFOOD IMPORT MONITORING
SEC. 11330. ENHANCEMENT OF SEAFOOD IMPORT MONITORING PROGRAM
MESSAGE SET IN AUTOMATED COMMERCIAL
ENVIRONMENT SYSTEM.
The <<NOTE: Deadline. Strategy.>> Secretary, in coordination with
the Commissioner of U.S. Customs and Border Protection, shall, not later
than 6 months after the date of enactment of this Act, develop a
strategy to improve the quality and verifiability of already collected
Seafood Import Monitoring Program Message Set data elements in the
Automated Commercial Environment system. Such strategy shall prioritize
the use of enumerated data types, such as checkboxes, dropdown menus, or
radio buttons, and any additional elements the Administrator of the
National Oceanic and Atmospheric Administration finds appropriate.
SEC. 11331. DATA SHARING AND AGGREGATION.
(a) Interagency Working Group on Illegal, Unreported, or Unregulated
Fishing.--Section 3551(c) of the Maritime SAFE Act (16 U.S.C. 8031(c))
is amended--
(1) by redesignating paragraphs (4) through (13) as
paragraphs (5) through (14), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) maximizing the utility of the import data collected by
the members of the Working Group by harmonizing data standards
and entry fields;''.
(b) Prohibition on Aggregated Catch Data for Certain
Species. <<NOTE: Effective date. 16 USC 8031 note.>> --Beginning not
later than 1 year after the date of enactment of this Act, for the
purposes of compliance with respect to Northern red snapper under the
Seafood Import Monitoring Program, the Secretary may not allow an
aggregated harvest report of such species, regardless of vessel size.
SEC. <<NOTE: Deadlines. 16 USC 1885 note.>> 11332. IMPORT AUDITS.
(a) <<NOTE: Records.>> Audit Procedures.--The Secretary shall, not
later than 1 year after the date of enactment of this Act, implement
procedures to audit information and supporting records of sufficient
numbers of imports of seafood and seafood products subject to the
Seafood Import Monitoring Program to support statistically robust
conclusions that the samples audited are representative of all seafood
imports covered by the Seafood Import Monitoring Program with respect to
a given year.
(b) <<NOTE: Analysis.>> Expansion of Marine Forensics Laboratory.--
The Secretary shall, not later than 1 year after the date of enactment
of this Act, begin the process of expanding the National Oceanic and
Atmospheric Administration's Marine Forensics Laboratory, including by
establishing sufficient capacity for the development and deployment of
rapid, and follow-up, analysis of field-based tests focused on
identifying Seafood Import Monitoring Program species, and prioritizing
such species at high risk of illegal, unreported, or unregulated fishing
and seafood fraud.
[[Page 136 STAT. 4100]]
(c) Annual Revision.--In developing the procedures required in
subsection (a), the Secretary shall use predictive analytics to inform
whether to revise such procedures to prioritize for audit those imports
originating from nations--
(1) identified pursuant to section 609(a) or 610(a) of the
High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826j(a) or 1826k(a)) that have not yet received a subsequent
positive certification pursuant to section 609(d) or 610(c) of
such Act, respectively;
(2) identified by an appropriate regional fishery management
organization as being the flag state or landing location of
vessels identified by other nations or regional fisheries
management organizations as engaging in illegal, unreported, or
unregulated fishing;
(3) identified as having human trafficking or forced labor
in any part of the seafood supply chain, including on vessels
flagged in such nation, and including feed for cultured
production, in the most recent Trafficking in Persons Report
issued by the Department of State in accordance with the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et
seq.);
(4) identified as producing goods that contain seafood using
forced labor or oppressive child labor in the most recent List
of Goods Produced by Child Labor or Forced Labor in accordance
with the Trafficking Victims Protection Act (22 U.S.C. 7101 et
seq.); and
(5) identified as at risk for human trafficking, including
forced labor, in their seafood catching and processing
industries by the report required under section 3563 of the
Maritime SAFE Act (Public Law 116-92).
SEC. 11333. AVAILABILITY OF FISHERIES INFORMATION.
Section 402(b)(1) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1881a(b)(1)) is amended--
(1) in subparagraph (G) by striking ``or'' after the
semicolon;
(2) in subparagraph (H) by striking the period at the end of
such subparagraph and inserting ``; or''; and
(3) by adding at the end the following:
``(I) <<NOTE: Public information.>> to Federal
agencies, to the extent necessary and appropriate, to
administer Federal programs established to combat
illegal, unreported, or unregulated fishing or forced
labor (as such terms are defined in section 11329 of the
Don Young Coast Guard Authorization Act of 2022), which
shall not include an authorization for such agencies to
release data to the public unless such release is
related to enforcement.''.
SEC. <<NOTE: 16 USC 1885a.>> 11334. <<NOTE: Summaries.>> REPORT
ON SEAFOOD IMPORT MONITORING PROGRAM.
(a) Report to Congress and Public Availability of
Reports. <<NOTE: Summaries.>> --The Secretary shall, not later than 120
days after the end of each fiscal year, submit to the Committee on
Commerce, Science, and Transportation and the Committee on Finance of
the Senate and the Committee on Natural Resources and the Committee on
Financial Services of the House of Representatives a report that
summarizes the National Marine Fisheries Service's efforts to prevent
the importation of seafood harvested through illegal, unreported, or
unregulated fishing, particularly with respect to seafood harvested,
produced, processed, or manufactured by forced
[[Page 136 STAT. 4101]]
labor. <<NOTE: Web posting.>> Each such report shall be made publicly
available on the website of the National Oceanic and Atmospheric
Administration.
(b) Contents.--Each report submitted under subsection (a) shall
include--
(1) the volume and value of seafood species subject to the
Seafood Import Monitoring Program, reported by 10-digit
Harmonized Tariff Schedule of the United States codes, imported
during the previous fiscal year;
(2) the enforcement activities and priorities of the
National Marine Fisheries Service with respect to implementing
the requirements under the Seafood Import Monitoring Program;
(3) the percentage of import shipments subject to the
Seafood Import Monitoring Program selected for inspection or the
information or records supporting entry selected for audit, as
described in section 300.324(d) of title 50, Code of Federal
Regulations;
(4) the number and types of instances of noncompliance with
the requirements of the Seafood Import Monitoring Program;
(5) the number and types of instances of violations of State
or Federal law discovered through the Seafood Import Monitoring
Program;
(6) the seafood species with respect to which violations
described in paragraphs (4) and (5) were most prevalent;
(7) the location of catch or harvest with respect to which
violations described in paragraphs (4) and (5) were most
prevalent;
(8) the additional tools, such as high performance computing
and associated costs, that the Secretary needs to improve the
efficacy of the Seafood Import Monitoring Program; and
(9) such other information as the Secretary considers
appropriate with respect to monitoring and enforcing compliance
with the Seafood Import Monitoring Program.
SEC. 11335. <<NOTE: Time period.>> AUTHORIZATION OF
APPROPRIATIONS.
There is authorized to be appropriated to the Commissioner of U.S.
Customs and Border Protection to carry out enforcement actions pursuant
to section 307 of the Tariff Act of 1930 (19 U.S.C. 1307) $20,000,000
for each of fiscal years 2023 through 2027.
CHAPTER 2--STRENGTHENING INTERNATIONAL FISHERIES MANAGEMENT TO COMBAT
HUMAN TRAFFICKING
SEC. 11336. DENIAL OF PORT PRIVILEGES.
Section 101(a)(2) of the High Seas Driftnet Fisheries Enforcement
Act (16 U.S.C. 1826a(a)(2)) is amended to read as follows:
``(2) Denial of port privileges.--The Secretary of Homeland
Security shall, in accordance with international law--
``(A) withhold or revoke the clearance required by
section 60105 of title 46, United States Code, for any
large-scale driftnet fishing vessel of a nation that
receives a negative certification under section 609(d)
or 610(c) of the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826j(d) or 1826k(c)), or
fishing vessels of a nation that has been listed
pursuant to section 609(b) or section 610(a) of such Act
(16 U.S.C. 1826j(b) or 1826k(a)) in 2
[[Page 136 STAT. 4102]]
or more consecutive reports for the same type of
fisheries activity, as described under section 607 of
such Act (16 U.S.C. 1826h), until a positive
certification has been received;
``(B) withhold or revoke the clearance required by
section 60105 of title 46, United States Code, for
fishing vessels of a nation that has been listed
pursuant to section 609(a) or 610(a) of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826j(a) or 1826k(a)) in 2 or more consecutive reports
as described under section 607 of such Act (16 U.S.C.
1826h); and
``(C) deny entry of that vessel to any place in the
United States and to the navigable waters of the United
States, except for the purposes of inspecting such
vessel, conducting an investigation, or taking other
appropriate enforcement action.''.
SEC. 11337. IDENTIFICATION AND CERTIFICATION CRITERIA.
(a) Denial of Port Privileges.--Section 609(a) of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(a)) is
amended--
(1) by striking paragraph (2) and inserting the following:
``(2) <<NOTE: List. Reports.>> For actions of a nation.--
The Secretary shall identify, and list in such report, a nation
engaging in or endorsing illegal, unreported, or unregulated
fishing. <<NOTE: Determination. Time period.>> In determining
which nations to list in such report, the Secretary shall
consider the following:
``(A) Any nation that is violating, or has violated
at any point during the 3 years preceding the date of
the determination, conservation and management measures,
including catch and other data reporting obligations and
requirements, required under an international fishery
management agreement to which the United States is a
party.
``(B) Any nation that is failing, or has failed in
the 3-year period preceding the date of the
determination, to effectively address or regulate
illegal, unreported, or unregulated fishing within its
fleets in any areas where its vessels are fishing.
``(C) Any nation that fails to discharge duties
incumbent upon it under international law or practice as
a flag, port, or coastal state to take action to
prevent, deter, and eliminate illegal, unreported, or
unregulated fishing.
``(D) Any nation that has been identified as
producing for export to the United States seafood-
related goods through forced labor or oppressive child
labor (as those terms are defined in section 11329 of
the Don Young Coast Guard Authorization Act of 2022) in
the most recent List of Goods Produced by Child Labor or
Forced Labor in accordance with the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7101 et seq.).''; and
(2) by adding at the end the following:
``(4) Timing.--The Secretary shall make an identification
under paragraph (1) or (2) at any time that the Secretary has
sufficient information to make such identification.''.
[[Page 136 STAT. 4103]]
(b) Illegal, Unreported, or Unregulated Certification
Determination.--Section 609 of the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826j) is amended--
(1) in subsection (d) by striking paragraph (3) and
inserting the following:
``(3) Effect of certification determination.--
``(A) <<NOTE: Applicability.>> Effect of negative
certification.--The provisions of subsection (a) and
paragraphs (3) and (4) of subsection (b) of section 101
of the High Seas Driftnet Fisheries Enforcement Act (16
U.S.C. 1826a(a) and (b)(3) and (4)) shall apply to any
nation that, after being identified and notified under
subsection (b) has failed to take the appropriate
corrective actions for which the Secretary has issued a
negative certification under this subsection.
``(B) Effect of positive certification.--The
provisions of subsection (a) and paragraphs (3) and (4)
of subsection (b) of section 101 of the High Seas
Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a(a)
and (b)(3) and (4)) shall not apply to any nation
identified under subsection (a) for which the Secretary
has issued a positive certification under this
subsection.'';
(2) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(3) by inserting after subsection (d) the following:
``(e) Recordkeeping Requirements.--The Secretary shall ensure that
seafood or seafood products authorized for entry under this section are
imported consistent with the reporting and the recordkeeping
requirements of the Seafood Import Monitoring Program described in part
300.324(b) of title 50, Code of Federal Regulations (or any successor
regulation).''.
SEC. 11338. EQUIVALENT CONSERVATION MEASURES.
(a) Identification.--Section 610(a) of the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C. 1826k(a)) is amended to
read as follows:
``(a) <<NOTE: Time period. Sharks.>> Identification.--
``(1) In general.--The Secretary shall identify and list in
the report under section 607--
``(A) a nation if--
``(i) any fishing vessel of that nation is
engaged, or has been engaged during the 3 years
preceding the date of the determination, in
fishing activities or practices on the high seas
or within the exclusive economic zone of any
nation, that have resulted in bycatch of a
protected living marine resource; and
``(ii) the vessel's flag state has not
adopted, implemented, and enforced a regulatory
program governing such fishing designed to end or
reduce such bycatch that is comparable in
effectiveness to the regulatory program of the
United States, taking into account differing
conditions; and
``(B) a nation if--
``(i) any fishing vessel of that nation is
engaged, or has engaged during the 3 years
preceding the date of the determination, in
fishing activities on the high seas or within the
exclusive economic zone of another nation that
target or incidentally catch sharks; and
[[Page 136 STAT. 4104]]
``(ii) the vessel's flag state has not
adopted, implemented, and enforced a regulatory
program to provide for the conservation of sharks,
including measures to prohibit removal of any of
the fins of a shark, including the tail, before
landing the shark in port, that is comparable to
that of the United States.
``(2) Timing.--The Secretary shall make an identification
under paragraph (1) at any time that the Secretary has
sufficient information to make such identification.''.
(b) Consultation and Negotiation.--Section 610(b) of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(b)) is
amended to read as follows:
``(b) Consultation and Negotiation.--The Secretary of State, acting
in consultation with the Secretary, shall--
``(1) <<NOTE: Notification.>> notify, as soon as
practicable, the President and nations that are engaged in, or
that have any fishing vessels engaged in, fishing activities or
practices described in subsection (a), about the provisions of
this Act;
``(2) initiate discussions as soon as practicable with all
foreign nations that are engaged in, or a fishing vessel of
which has engaged in, fishing activities described in subsection
(a), for the purpose of entering into bilateral and multilateral
treaties with such nations to protect such species and to
address any underlying failings or gaps that may have
contributed to identification under this Act;
``(3) seek agreements calling for international restrictions
on fishing activities or practices described in subsection (a)
through the United Nations, the Committee on Fisheries of the
Food and Agriculture Organization of the United Nations, and
appropriate international fishery management bodies; and
``(4) initiate the amendment of any existing international
treaty for the protection and conservation of such species to
which the United States is a party in order to make such treaty
consistent with the purposes and policies of this section.''.
(c) Conservation Certification Procedure.--Section 610(c) of the
High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826k(c)) is amended--
(1) in paragraph (2) by inserting ``the public and'' after
``comment by'';
(2) in paragraph (4)--
(A) in subparagraph (A) by striking ``and'' after
the semicolon;
(B) in subparagraph (B) by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) ensure that any such fish or fish products
authorized for entry under this section are imported
consistent with the reporting and the recordkeeping
requirements of the Seafood Import Monitoring Program
established in subpart Q of part 300 of title 50, Code
of Federal Regulations (or any successor regulation).'';
and
(3) in paragraph (5) by striking ``(except to the extent
that such provisions apply to sport fishing equipment or fish or
fish products not caught by the vessels engaged in illegal,
unreported, or unregulated fishing)''.
[[Page 136 STAT. 4105]]
(d) Definition of Protected Living Marine Resource.--Section 610(e)
of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826k(e)) is amended by striking paragraph (1) and inserting the
following:
``(1) except as provided in paragraph (2), means nontarget
fish, sea turtles, or marine mammals that are protected under
United States law or international agreement, including--
``(A) the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.);
``(B) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
``(C) the Shark Finning Prohibition Act (16 U.S.C.
1822 note); and
``(D) the Convention on International Trade in
Endangered Species of Wild Fauna and Flora, done at
Washington March 3, 1973 (27 UST 1087; TIAS 8249);
but''.
SEC. 11339. CAPACITY BUILDING IN FOREIGN FISHERIES.
(a) <<NOTE: 16 USC 8018.>> In General.--The Secretary, in
consultation with the heads of other Federal agencies, as appropriate,
shall develop and carry out with partner governments and civil society--
(1) <<NOTE: Contracts.>> multi-year international
environmental cooperation agreements and projects; and
(2) multi-year capacity-building projects for implementing
measures to address illegal, unreported, or unregulated fishing,
fraud, forced labor, bycatch, and other conservation measures.
(b) Capacity Building.--Section 3543(d) of the Maritime SAFE Act (16
U.S.C. 8013(d)) is amended--
(1) in the matter preceding paragraph (1) by striking ``as
appropriate,''; and
(2) in paragraph (3) by striking ``as appropriate'' and
inserting ``for all priority regions identified by the Working
Group''.
(c) Reports.--Section 3553 of the Maritime SAFE Act (16 U.S.C. 8033)
is amended--
(1) in paragraph (7) by striking ``and'' after the
semicolon;
(2) in paragraph (8) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(9) the status of work with global enforcement
partners.''.
SEC. 11340. TRAINING OF UNITED STATES OBSERVERS.
Section 403(b) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1881b(b)) is amended--
(1) in paragraph (3) by striking ``and'' after the
semicolon;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
``(4) ensure that each observer has received training to
identify indicators of forced labor and human trafficking (as
such terms are defined in section 11329 of the Don Young Coast
Guard Authorization Act of 2022) and refer this information to
appropriate authorities; and''.
SEC. <<NOTE: 16 USC 1826a note.>> 11341. REGULATIONS.
Not <<NOTE: Deadline.>> later than 1 year after the date of
enactment of this Act, the Secretary shall promulgate such regulations
as may be necessary to carry out this subtitle and the amendments made
by this subtitle.
[[Page 136 STAT. 4106]]
TITLE CXIV--SUPPORT FOR COAST GUARD WORKFORCE
Subtitle A--Support for Coast Guard Members and Families
SEC. 11401. COAST GUARD CHILD CARE IMPROVEMENTS.
(a) Family Discount for Child Development Services.--Section
2922(b)(2) of title 14, United States Code, is amended by adding at the
end the following:
``(D) In the case of an active duty member with two or more children
attending a Coast Guard child development center, the Commandant may
modify the fees to be charged for attendance for the second and any
subsequent child of such member by an amount that is 15 percent less
than the amount of the fee otherwise chargeable for the attendance of
the first such child enrolled at the center, or another fee as the
Commandant determines appropriate, consistent with multiple children.''.
(b) Child Development Center Standards and Inspections.--Section
2923(a) of title 14, United States Code, is amended to read as follows:
``(a) <<NOTE: Requirement.>> Standards.--The Commandant shall
require each Coast Guard child development center to meet standards of
operation--
``(1) that the Commandant considers appropriate to ensure
the health, safety, and welfare of the children and employees at
the center; and
``(2) necessary for accreditation by an appropriate national
early childhood programs accrediting entity.''.
(c) Child Care Subsidy Program.--
(1) Authorization.--
(A) In general.--Subchapter II of chapter 29 of
title 14, United States Code, is amended by adding at
the end the following:
``Sec. 2927. <<NOTE: 14 USC 2927.>> Child care subsidy program
``(a) In General.--
``(1) Authority.--The Commandant may operate a child care
subsidy program to provide financial assistance to eligible
providers that provide child care services or youth program
services to members of the Coast Guard, members of the Coast
Guard with dependents who are participating in the child care
subsidy program, and any other individual the Commandant
considers appropriate, if--
``(A) providing such financial assistance--
``(i) is in the best interests of the Coast
Guard; and
``(ii) enables supplementation or expansion of
the provision of Coast Guard child care services,
while not supplanting or replacing Coast Guard
child care services; and
``(B) <<NOTE: Compliance.>> the Commandant ensures,
to the extent practicable, that the eligible provider is
able to comply, and does comply, with the regulations,
policies, and standards applicable to Coast Guard child
care services.
[[Page 136 STAT. 4107]]
``(2) Eligible providers.--A provider of child care services
or youth program services is eligible for financial assistance
under this section if the provider--
``(A) is licensed to provide such services under
applicable State and local law or meets all applicable
State and local health and safety requirements if
licensure is not required;
``(B) is either--
``(i) is a family home daycare; or
``(ii) is a provider of family child care
services that--
``(I) otherwise provides federally
funded or federally sponsored child
development services;
``(II) provides such services in a
child development center owned and
operated by a private, not-for-profit
organization;
``(III) provides a before-school or
after-school child care program in a
public school facility;
``(IV) conducts an otherwise
federally funded or federally sponsored
school-age child care or youth services
program; or
``(V) conducts a school-age child
care or youth services program operated
by a not-for-profit organization; or
``(C) is a provider of another category of child
care services or youth program services the Commandant
considers appropriate for meeting the needs of members
or civilian employees of the Coast Guard.
``(3) Financial assistance for in-home child care.--
``(A) In general.--The Commandant may provide
financial assistance to members of the Coast Guard who
pay for services provided by in-home child care
providers.
``(B) <<NOTE: Procedures.>> Requirements.--In
carrying out such program, the Commandant shall
establish a policy and procedures to--
``(i) support the needs of families who
request services provided by in-home childcare
providers;
``(ii) provide the appropriate amount of
financial assistance to provide to families
described in paragraph, that is at minimum
consistent with the program authorized in
subsection (a)(1); and
``(iii) ensure the appropriate qualifications
for such in-home child care provider, which shall
at minimum--
``(I) take into consideration
qualifications for available in-home
child care providers in the private
sector; and
``(II) ensure that the
qualifications the Commandant determines
appropriate under this paragraph are
comparable to the qualifications for a
provider of child care services in a
Coast Guard child development center or
family home day care.
``(b) Direct Payment.--
``(1) In general.--In carrying out a child care subsidy
program under subsection (a)(1), subject to paragraph (3), the
Commandant shall provide financial assistance under the program
to an eligible member or individual the Commandant considers
appropriate by direct payment to such eligible
[[Page 136 STAT. 4108]]
member or individual through monthly pay, direct deposit, or
other direct form of payment.
``(2) <<NOTE: Deadline.>> Policy.--Not later than 180 days
after the date of the enactment of this section, the Commandant
shall establish a policy to provide direct payment as described
in paragraph (1).
``(3) Eligible provider funding continuation.--With the
approval of an eligible member or an individual the Commandant
considers appropriate, which shall include the written consent
of such member or individual, the Commandant may continue to
provide financial assistance under the child care subsidy
program directly to an eligible provider on behalf of such
member or individual.
``(4) Rule of construction.--Nothing in this subsection may
be construed to affect any preexisting reimbursement arrangement
between the Coast Guard and a qualified provider.''.
(B) Clerical amendment.--The analysis for chapter 29
of title 14, United States Code, <<NOTE: 14 USC prec.
2901.>> is amended by inserting after the item relating
to section 2926 the following:
``2927. Child care subsidy program.''.
(2) <<NOTE: 14 USC 2927 note.>> Expansion of child care
subsidy program.--
(A) In general.--The Commandant shall--
(i) <<NOTE: Evaluation.>> evaluate potential
eligible uses for the child care subsidy program
established under section 2927 of title 14, United
States Code (referred to in this paragraph as the
``program'');
(ii) expand the eligible uses of funds for the
program to accommodate the child care needs of
members of the Coast Guard (including such members
with nonstandard work hours and surge or other
deployment cycles), including in-home care as
described in section 2927(a)(3) of title 14,
United States Code, and including by providing
funds directly to such members instead of care
providers; and
(iii) streamline enrollment policies,
practices, paperwork, and requirements for
eligible child care providers to reduce barriers
for members to enroll in such providers.
(B) Considerations.--In evaluating potential
eligible uses under subparagraph (A), the Commandant
shall consider in-home child care services, care
services such as supplemental care for children with
disabilities, and any other child care delivery method
the Commandant considers appropriate.
(C) Requirements.--In establishing expanded eligible
uses of funds for the program, the Commandant shall
ensure that such uses--
(i) are in the best interests of the Coast
Guard;
(ii) provide flexibility for members of the
Coast Guard, including such members and employees
with nonstandard work hours; and
(iii) ensure a safe environment for dependents
of such members and employees.
(D) <<NOTE: Deadline. Update.>> Publication.--Not
later than 18 months after the date of the enactment of
this Act, the Commandant shall publish an updated
Commandant Instruction Manual
[[Page 136 STAT. 4109]]
(referred to in this paragraph as the ``manual'') that
describes the expanded eligible uses of the program.
(E) Report.--
(i) In general.--Not later than 18 months
after the date of the enactment of this Act, the
Commandant shall submit to the Committee on
Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a
report outlining the expansion of the program.
(ii) Elements.--The report required by clause
(i) shall include the following:
(I) <<NOTE: Analysis.>> An analysis
of the considerations described in
subparagraph (B).
(II) A description of the analysis
used to identify eligible uses that were
evaluated and incorporated into the
manual under subparagraph (D).
(III) <<NOTE: Analysis.>> A full
analysis and justification with respect
to the forms of care that were
ultimately not included in the manual.
(IV) <<NOTE: Recommenda- tion.>>
Any recommendation with respect to
funding or additional authorities
necessary, including proposals for
legislative change, to meet the current
and anticipated future child care
subsidy demands of the Coast Guard.
(V) A description of the steps taken
to streamline enrollment policies,
practices, and requirements for eligible
child care providers in accordance with
paragraph (2)(A)(iii).
SEC. 11402. ARMED FORCES ACCESS TO COAST GUARD CHILD DEVELOPMENT
SERVICES.
Section 2922(a) of title 14, United States Code, is amended to read
as follows:
``(a)(1) The Commandant may make child development services
available, in such priority as the Commandant considers to be
appropriate and consistent with readiness and resources and in the best
interests of dependents of members and civilian employees of the Coast
Guard, for--
``(A) members and civilian employees of the Coast Guard;
``(B) surviving dependents of service members who have died
on active duty, if such dependents were beneficiaries of a Coast
Guard child development service at the time of the death of such
members;
``(C) members of the armed forces (as defined in section
101(a) of title 10); and
``(D) Federal civilian employees.
``(2) Child development service benefits provided under the
authority of this section shall be in addition to benefits provided
under other laws.''.
SEC. 11403. <<NOTE: Deadlines. 14 USC 1901 note.>> CADET
PREGNANCY POLICY IMPROVEMENTS.
(a) Regulations Required.--Not later than 18 months after the date
of enactment of this Act, the Secretary, in consultation with the
Secretary of Defense, shall prescribe regulations for the Coast Guard
Academy consistent with regulations required to be promulgated by
section 559(a) of the National Defense Authorization Act of 2022 (Public
Law 117-81).
[[Page 136 STAT. 4110]]
(b) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall provide to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
briefing on the development of the regulations required by subsection
(a).
SEC. 11404. COMBAT-RELATED SPECIAL COMPENSATION.
(a) Report and Briefing.--Not later than 90 days after the date of
enactment of this Act, and every 180 days thereafter until the date that
is 5 years after the date on which the initial report is submitted under
this subsection, the Commandant shall submit a report and provide an in-
person briefing to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives on the implementation of
section 221 of the Coast Guard Authorization Act of 2016 (Public Law
114-120; 10 U.S.C. 1413a note).
(b) Elements.--Each report and briefing required by subsection (a)
shall include the following:
(1) A description of methods to educate members and retirees
on the combat-related special compensation program.
(2) <<NOTE: Statistics.>> Statistics regarding enrollment
in such program for members of the Coast Guard and Coast Guard
retirees.
(3) <<NOTE: Summaries.>> A summary of each of the
following:
(A) Activities carried out relating to the education
of members of the Coast Guard participating in the
Transition Assistance Program with respect to the
combat-related special compensation program.
(B) Activities carried out relating to the education
of members of the Coast Guard who are engaged in
missions in which they are susceptible to injuries that
may result in qualification for combat-related special
compensation, including flight school, the National
Motor Lifeboat School, deployable special forces, and
other training programs as the Commandant considers
appropriate.
(C) Activities carried out relating to training
physicians and physician assistants employed by the
Coast Guard, or otherwise stationed in Coast Guard
clinics, sickbays, or other locations at which medical
care is provided to members of the Coast Guard, for the
purpose of ensuring, during medical examinations,
appropriate counseling and documentation of symptoms,
injuries, and the associated incident that resulted in
such injuries.
(D) Activities relating to the notification of heath
service officers with respect to the combat-related
special compensation program.
(4) <<NOTE: Guidance. Records.>> The written guidance
provided to members of the Coast Guard regarding necessary
recordkeeping to ensure eligibility for benefits under such
program.
(5) Any other matter relating to combat-related special
compensation the Commandant considers appropriate.
(c) Disability Due to Chemical or Hazardous Material Exposure.--
Section 221(a) of the Coast Guard Authorization Act of 2016 (Public Law
114-120; 10 U.S.C. 1413a note) is amended--
(1) in paragraph (1) by striking ``department is'' and
inserting ``department in''; and
[[Page 136 STAT. 4111]]
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``and hazardous'' and
inserting ``hazardous''; and
(ii) by inserting ``, or a duty in which
chemical or other hazardous material exposure has
occurred (such as during marine inspections or
pollution response activities)'' after
``surfman)''; and
(B) in subparagraph (B)--
(i) by striking``paragraph (1) or paragraph
(2) of''; and
(ii) by striking ``, including--'' and all
that follows through ``search and rescue; or'' and
inserting ``; or''.
SEC. 11405. STUDY ON FOOD SECURITY.
(a) Study.--
(1) In general.--The Commandant shall conduct a study on
food insecurity among members of the Coast Guard.
(2) Elements.--The study required under paragraph (1) shall
include the following:
(A) <<NOTE: Analysis.>> An analysis of the impact of
food deserts on members of the Coast Guard and their
dependents who live in areas with high costs of living,
including areas with high-density populations and rural
areas.
(B) A comparison of--
(i) the current method used by the Commandant
to determine which areas are considered to be high
cost-of-living areas;
(ii) local-level indicators used by the Bureau
of Labor Statistics to determine a cost of living
that indicates buying power and consumer spending
in specific geographic areas; and
(iii) indicators of the cost of living used by
the Department of Agriculture in market basket
analyses and other measures of the local or
regional cost of food.
(C) <<NOTE: Assessment.>> An assessment of the
accuracy of the method and indicators described in
subparagraph (B) in quantifying high cost of living in
low-data and remote areas.
(D) <<NOTE: Assessment.>> An assessment of the
manner in which data accuracy and availability affect
the accuracy of cost-of-living allowance calculations
and other benefits, as the Commandant considers
appropriate.
(E) <<NOTE: Recommenda- tions.>> Recommendations--
(i) to improve access to high-quality,
affordable food within a reasonable distance of
Coast Guard units located in areas identified as
food deserts;
(ii) to reduce transit costs for members of
the Coast Guard and their dependents who are
required to travel to access high-quality,
affordable food; and
(iii) for improving the accuracy of the
calculations referred to in subparagraph (D).
(F) <<NOTE: Cost estimates.>> The estimated costs of
implementing each recommendation made under subparagraph
(E).
(b) Plan.--
[[Page 136 STAT. 4112]]
(1) In general.--The Commandant shall develop a detailed
plan to implement the recommendations of the study conducted
under subsection (a).
(2) <<NOTE: Briefing. Cost. Proposals.>> Report.--Not later
than 1 year after date of the enactment of this Act, the
Commandant shall provide to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a briefing on the plan required under paragraph
(1), including the cost of implementation, proposals for
legislative change, and any other result of the study the
Commandant considers appropriate.
(c) Food Desert Defined.--In this section, the term ``food desert''
means an area, as determined by the Commandant, in which it is
difficult, even with a vehicle or an otherwise-available mode of
transportation, to obtain affordable, high-quality fresh food in the
immediate area in which members of the Coast Guard serve and reside.
Subtitle B--Healthcare
SEC. 11406. <<NOTE: 14 USC 504 note.>> DEVELOPMENT OF MEDICAL
STAFFING STANDARDS FOR COAST GUARD.
(a) <<NOTE: Deadline.>> In General.--Not later than 180 days after
the date of enactment of this Act, the Commandant, in consultation with
the Defense Health Agency and any healthcare expert the Commandant
considers appropriate, shall develop medical staffing standards for the
Coast Guard that are consistent with the recommendations of the
Comptroller General of the United States set forth in the report titled
``Coast Guard Health Care: Improvements Needed for Determining Staffing
Needs and Monitoring Access to Care'' and published in February 2022.
(b) Inclusions.--In developing the standards under subsection (a),
the Commandant shall address and take into consideration the following:
(1) Current and future operations of healthcare personnel in
support of Department of Homeland Security missions, including
surge deployments for incident response.
(2) Staffing standards for specialized providers, including
flight surgeons, dentists, behavioral health specialists, and
physical therapists.
(3) Staffing levels of medical, dental, and behavioral
health providers for the Coast Guard who are--
(A) members of the Coast Guard;
(B) assigned to the Coast Guard from the Public
Health Service;
(C) Federal civilian employees; or
(D) contractors hired by the Coast Guard to fill
vacancies.
(4) Staffing levels at medical facilities for Coast Guard
units in remote locations.
(5) Any discrepancy between medical staffing standards of
the Department of Defense and medical staffing standards of the
Coast Guard.
(c) <<NOTE: Deadline. Recommenda- tions.>> Review by Comptroller
General.--Not later than 90 days after the Commandant completes the
staffing standards required by subsection (a), the Commandant shall
submit the standards
[[Page 136 STAT. 4113]]
to the Comptroller General, who shall review the standards and provide
recommendations to the Commandant.
(d) <<NOTE: Plan.>> Report to Congress.--Not later than 180 days
after developing the standards developed under subsection (a), the
Commandant shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report on the standards
developed under subsection (a) and the recommendations provided under
subsection (c) that includes a plan and a description of the resources
and budgetary needs required to implement the standards.
(e) Modification, Implementation, and Periodic Updates.--The
Commandant shall--
(1) modify such standards, as necessary, based on the
recommendations under subsection (c);
(2) implement the standards; and
(3) <<NOTE: Review.>> review and update the standards not
less frequently than every 4 years.
SEC. 11407. HEALTHCARE SYSTEM REVIEW AND STRATEGIC PLAN.
(a) In General.--Not later than 270 days after the completion of the
studies conducted by the Comptroller General of the United States under
sections 8259 and 8260 of the William M. (Mac) Thornberry National
Defense Authorization Act of Fiscal Year 2021 (Public Law 116-283; 134
Stat. 4679), the Commandant shall--
(1) conduct a comprehensive review of the Coast Guard
healthcare system; and
(2) develop a strategic plan for improvements to, and the
modernization of, such system to ensure access to high-quality,
timely healthcare for members of the Coast Guard, their
dependents, and applicable Coast Guard retirees.
(b) Plan.--
(1) In general.--The strategic plan developed under
subsection (a) shall seek to--
(A) maximize the medical readiness of members of the
Coast Guard;
(B) optimize delivery of healthcare benefits;
(C) ensure high-quality training of Coast Guard
medical personnel; and
(D) prepare for the future needs of the Coast Guard.
(2) Elements.--The plan shall address, at a minimum, the
following:
(A) Improving access to healthcare for members of
the Coast Guard, their dependents, and applicable Coast
Guard retirees.
(B) Quality of healthcare.
(C) The experience and satisfaction of members of
the Coast Guard and their dependents with the Coast
Guard healthcare system.
(D) The readiness of members of the Coast Guard and
Coast Guard medical personnel.
(c) Review Committee.--
(1) Establishment.--The Commandant shall establish a review
committee to conduct a comprehensive analysis of the Coast Guard
healthcare system (referred to in this section as the ``Review
Committee'').
[[Page 136 STAT. 4114]]
(2) Membership.--The Review Committee shall be composed of
members selected by the Commandant, including--
(A) 1 or more members of the uniformed services (as
defined in section 101 of title 10, United States Code)
or Federal employees, either of which have expertise
in--
(i) the medical, dental, pharmacy, or
behavioral health fields; or
(ii) any other field the Commandant considers
appropriate;
(B) 1 representative of the Defense Health Agency;
and
(C) 1 medical representative from each Coast Guard
district.
(3) Chairperson.--The chairperson of the Review Committee
shall be the Director of the Health, Safety, and Work Life
Directorate of the Coast Guard.
(4) Staff.--The Review Committee shall be staffed by
employees of the Coast Guard.
(5) Report to commandant.--Not later than 1 year after the
Review Committee is established, the Review Committee shall
submit to the Commandant a report that--
(A) <<NOTE: Assessment.>> assesses, taking into
consideration the medical staffing standards developed
under section 11406, the recommended medical staffing
standards set forth in the Comptroller General study
required by section 8260 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116-283; 134 Stat. 4679), and
compares such standards to the medical staffing
standards of the Department of Defense and the private
sector;
(B) addresses improvements needed to ensure
continuity of care for members of the Coast Guard,
including by evaluating the feasibility of having a
dedicated primary care manager for each such member
while the member is stationed at a duty station;
(C) <<NOTE: Evaluation.>> evaluates the effects of
increased surge deployments of medical personnel on
staffing needs at Coast Guard clinics;
(D) identifies ways to improve access to care for
members of the Coast Guard and their dependents who are
stationed in remote areas, including methods to expand
access to providers in the available network;
(E) identifies ways the Coast Guard may better use
Department of Defense Military Health System resources
for members of the Coast Guard, their dependents, and
applicable Coast Guard retirees;
(F) identifies barriers to participation in the
Coast Guard healthcare system and ways the Coast Guard
may better use patient feedback to improve quality of
care at Coast Guard-owned facilities, military treatment
facilities, and specialist referrals;
(G) <<NOTE: Recommenda- tions.>> includes
recommendations to improve the Coast Guard healthcare
system; and
(H) any other matter the Commandant or the Review
Committee considers appropriate.
[[Page 136 STAT. 4115]]
(6) Termination.--The Review Committee shall terminate on
the date that is 1 year after the date on which the Review
Committee submits the report required under paragraph (5).
(7) Inapplicability of federal advisory committee act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Review Committee.
(d) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the Commandant shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives--
(1) the strategic plan for the Coast Guard medical system
required under subsection (a);
(2) the report of the Review Committee submitted to the
Commandant under subsection (c)(5); and
(3) a description of the manner in which the Commandant
plans to implement the recommendations of the Review Committee.
SEC. 11408. <<NOTE: 14 USC 504 note.>> DATA COLLECTION AND ACCESS
TO CARE.
(a) <<NOTE: Deadline. Public information.>> In General.--Not later
than 180 days after the date of enactment of this Act, the Commandant,
in consultation with the Defense Health Agency and any healthcare expert
the Commandant considers appropriate, shall develop, and make publicly
available, a policy to require the collection of data regarding access
by members of the Coast Guard and their dependents to medical, dental,
and behavioral healthcare as recommended by the Comptroller General of
the United States in the report entitled ``Coast Guard Health Care:
Improvements Needed for Determining Staffing Needs and Monitoring Access
to Care'', published in February 2022.
(b) Elements.--The policy required by subsection (a) shall address
the following:
(1) Methods to collect data on access to care for--
(A) routine annual physical health assessments;
(B) flight physicals for aviators or prospective
aviators;
(C) sick call;
(D) injuries;
(E) dental health; and
(F) behavioral health conditions.
(2) Collection of data on access to care for referrals.
(3) Collection of data on access to care for members of the
Coast Guard stationed at remote units, aboard Coast Guard
cutters, and on deployments.
(4) Use of the electronic health record system to improve
data collection on access to care.
(5) Use of data for addressing the standards of care,
including time between requests for appointments and actual
appointments, including appointments made with referral
services.
(c) <<NOTE: Public information. Web posting.>> Publication and
Report to Congress.--Not later than 90 days after the policy under
subsection (a) is completed, or any subsequent updates to such policy,
the Commandant shall--
(1) publish the policy on a publicly accessible internet
website of the Coast Guard; and
(2) submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a
[[Page 136 STAT. 4116]]
report on the policy and the manner in which the Commandant
plans to address access-to-care deficiencies.
(d) <<NOTE: Deadline. Review.>> Periodic Updates.--Not less
frequently than every 5 years, the Commandant shall review and update
the policy required under subsection (a).
SEC. <<NOTE: 14 USC 504 note.>> 11409. BEHAVIORAL HEALTH POLICY.
(a) Interim Behavioral Health Policy.--
(1) <<NOTE: Deadline.>> In general.--Not later than 180 days
after the date of enactment of this Act, the Commandant shall
establish an interim behavioral health policy for members of the
Coast Guard that is in parity with section 5.28 (relating to
behavioral health) of Department of Defense Instruction 6130.03,
volume 2, ``Medical Standards for Military Service: Retention''.
(2) Termination.--The interim policy established under
paragraph (1) shall remain in effect until the date on which the
Commandant issues a permanent behavioral health policy for
members of the Coast Guard.
(b) Permanent Policy.--In developing a permanent policy with respect
to retention and behavioral health, the Commandant shall ensure that, to
the extent practicable, the policy of the Coast Guard is in parity with
section 5.28 (relating to behavioral health) of Department of Defense
Instruction 6130.03, volume 2, ``Medical Standards for Military Service:
Retention''.
SEC. 11410. MEMBERS ASSERTING POST-TRAUMATIC STRESS DISORDER OR
TRAUMATIC BRAIN INJURY.
(a) In General.--Subchapter I of chapter 25 of title 14, United
States Code, is further amended by adding at the end the following:
``Sec. 2516. <<NOTE: 14 USC 2516.>> Members asserting post-
traumatic stress disorder or traumatic brain
injury
``(a) Medical Examination Required.--
``(1) <<NOTE: Time period. Evaluation.>> In general.--The
Secretary shall ensure that a member of the Coast Guard who has
performed Coast Guard operations or has been sexually assaulted
during the preceding 2-year period, and who is diagnosed by an
appropriate licensed or certified healthcare professional as
experiencing post-traumatic stress disorder or traumatic brain
injury or who otherwise alleges, based on the service of the
member or based on such sexual assault, the influence of such a
condition, receives a medical examination to evaluate a
diagnosis of post-traumatic stress disorder or traumatic brain
injury.
``(2) <<NOTE: Determination.>> Restriction on administrative
separation.--A member described in paragraph (1) shall not be
administratively separated under conditions other than
honorable, including an administrative separation in lieu of a
court-martial, until the results of the medical examination have
been reviewed by appropriate authorities responsible for
evaluating, reviewing, and approving the separation case, as
determined by the Secretary.
``(3) <<NOTE: Examination.>> Post-traumatic stress
disorder.--In a case involving post-traumatic stress disorder
under this subsection, a medical examination shall be--
``(A) performed by--
``(i) a board-certified or board-eligible
psychiatrist; or
``(ii) a licensed doctorate-level
psychologist; or
[[Page 136 STAT. 4117]]
``(B) performed under the close supervision of--
``(i) a board-certified or board-eligible
psychiatrist; or
``(ii) a licensed doctorate-level
psychologist, a doctorate-level mental health
provider, a psychiatry resident, or a clinical or
counseling psychologist who has completed a 1-year
internship or residency.
``(4) <<NOTE: Examination.>> Traumatic brain injury.--In a
case involving traumatic brain injury under this subsection, a
medical examination shall be performed by a physiatrist,
psychiatrist, neurosurgeon, or neurologist.
``(b) <<NOTE: Assessment.>> Purpose of Medical Examination.--The
medical examination required under subsection (a) shall assess whether
the effects of mental or neurocognitive disorders, including post-
traumatic stress disorder and traumatic brain injury, constitute matters
in extenuation that relate to the basis for administrative separation
under conditions other than honorable or the overall characterization of
the service of the member as other than honorable.
``(c) Inapplicability to Proceedings Under Uniform Code of Military
Justice.--The medical examination and procedures required by this
section do not apply to courts-martial or other proceedings conducted
pursuant to the Uniform Code of Military Justice.
``(d) Coast Guard Operations Defined.--In this section, the term
`Coast Guard operations' has the meaning given that term in section
888(a) of the Homeland Security Act of 2002 (6 U.S.C. 468(a)).''.
(b) Clerical Amendment.--The analysis for chapter 25 of title 14,
United States Code, is amended <<NOTE: 14 USC prec. 2501.>> by inserting
after the item relating to section 2515 (as added by this Act) the
following:
``2516. Members asserting post-traumatic stress disorder or traumatic
brain injury.''.
SEC. 11411. <<NOTE: 14 USC note prec. 2501.>> IMPROVEMENTS TO
PHYSICAL DISABILITY EVALUATION SYSTEM
AND TRANSITION PROGRAM.
(a) <<NOTE: Deadline.>> Temporary Policy.--Not later than 60 days
after the date of enactment of this Act, the Commandant shall develop a
temporary policy that--
(1) improves timeliness, communication, and outcomes for
members of the Coast Guard undergoing the Physical Disability
Evaluation System, or a related formal or informal process;
(2) affords maximum career transition benefits to members of
the Coast Guard determined by a Medical Evaluation Board to be
unfit for retention in the Coast Guard; and
(3) maximizes the potential separation and career transition
benefits for members of the Coast Guard undergoing the Physical
Disability Evaluation System, or a related formal or informal
process.
(b) <<NOTE: Requirements.>> Elements.--The policy required under
subsection (a) shall include the following:
(1) A requirement that any member of the Coast Guard who is
undergoing the Physical Disability Evaluation System, or a
related formal or informal process, shall be placed in a duty
status that allows the member the opportunity to attend
necessary medical appointments and other activities relating to
the Physical Disability Evaluation System, including completion
of any application of the Department of Veterans Affairs and
career transition planning.
[[Page 136 STAT. 4118]]
(2) <<NOTE: Reports.>> In the case of a Medical Evaluation
Board report that is not completed not later than 120 days after
the date on which an evaluation by the Medical Evaluation Board
was initiated, the option for such a member to enter permissive
duty status.
(3) A requirement that the date of initiation of an
evaluation by a Medical Evaluation Board shall include the date
on which any verbal or written affirmation is made to the
member, command, or medical staff that the evaluation by the
Medical Evaluation Board has been initiated.
(4) An option for such member to seek an internship under
the SkillBridge program established under section 1143(e) of
title 10, United States Code, and outside employment aimed at
improving the transition of the member to civilian life, only if
such an internship or employment does not interfere with
necessary medical appointments required for the member's
physical disability evaluation.
(5) <<NOTE: Deadline. Notification.>> A requirement that not
less than 21 days notice shall be provided to such a member for
any such medical appointment, to the maximum extent practicable,
to ensure that the appointment timeline is in the best interests
of the immediate health of the member.
(6) A requirement that the Coast Guard shall provide such a
member with a written separation date upon the completion of a
Medical Evaluation Board report that finds the member unfit to
continue active duty.
(7) To provide certainty to such a member with respect to a
separation date, a policy that ensures--
(A) <<NOTE: Time periods.>> that accountability
measures are in place with respect to Coast Guard delays
throughout the Physical Disability Evaluation System,
including--
(i) placement of the member in an excess leave
status after 270 days have elapsed since the date
of initiation of an evaluation by a Medical
Evaluation Board by any competent authority; and
(ii) a calculation of the costs to retain the
member on active duty, including the pay,
allowances, and other associated benefits of the
member, for the period beginning on the date that
is 90 days after the date of initiation of an
evaluation by a Medical Evaluation Board by any
competent authority and ending on the date on
which the member is separated from the Coast
Guard; and
(B) the availability of administrative solutions to
any such delay.
(8) With respect to a member of the Coast Guard on temporary
limited duty status, an option to remain in the member's current
billet, to the maximum extent practicable, or to be transferred
to a different active-duty billet, so as to minimize any
negative impact on the member's career trajectory.
(9) <<NOTE: Reports.>> A requirement that each respective
command shall report to the Coast Guard Personnel Service Center
any delay of more than 21 days between each stage of the
Physical Disability Evaluation System for any such member,
including between stages of the processes, the Medical
Evaluation Board, the Informal Physical Evaluation Board, and
the Formal Physical Evaluation Board.
[[Page 136 STAT. 4119]]
(10) <<NOTE: Deadline.>> A requirement that, not later than
7 days after receipt of a report of a delay described in
paragraph (9), the Personnel Service Center shall take
corrective action, which shall ensure that the Coast Guard
exercises maximum discretion to continue the Physical Disability
Evaluation System of such a member in a timely manner, unless
such delay is caused by the member.
(11) A requirement that--
(A) a member of the Coast Guard shall be allowed to
make a request for a reasonable delay in the Physical
Disability Evaluation System to obtain additional input
and consultation from a medical or legal professional;
and
(B) <<NOTE: Approval.>> any such request for delay
shall be approved by the Commandant based on a showing
of good cause by the member.
(c) <<NOTE: Records.>> Report on Temporary Policy.--Not later than
60 days after the date of enactment of this Act, the Commandant shall
submit to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives a copy of the policy developed under subsection
(a).
(d) <<NOTE: Deadline. Publication.>> Permanent Policy.--Not later
than 180 days after the date of enactment of this Act, the Commandant
shall publish a Commandant Instruction making the policy developed under
subsection (a) a permanent policy of the Coast Guard.
(e) <<NOTE: Deadline. Records.>> Briefing.--Not later than 1 year
after the date of enactment of this Act, the Commandant shall provide to
the Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a briefing on, and a copy of, the permanent policy.
(f) Annual Report on Costs.--
(1) <<NOTE: Time period.>> In general.--Not less frequently
than annually, the Commandant shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that, for the preceding fiscal year--
(A) details the total aggregate service-wide costs
described in subsection (b)(7)(A)(ii) for members of the
Coast Guard whose Physical Disability Evaluation System
process has exceeded 90 days; and
(B) includes for each such member--
(i) an accounting of such costs; and
(ii) the number of days that elapsed between
the initiation and completion of the Physical
Disability Evaluation System process.
(2) Personally identifiable information.--A report under
paragraph (1) shall not include the personally identifiable
information of any member of the Coast Guard.
SEC. 11412. <<NOTE: 14 USC 504 note.>> EXPANSION OF ACCESS TO
COUNSELING.
(a) <<NOTE: Deadline.>> In General.--Not later than 180 days after
the date of enactment of this Act, the Commandant shall hire, train, and
deploy not fewer than an additional 5 behavioral health specialists.
(b) Requirement.--Through the hiring process required under
subsection (a), the Commandant shall ensure that at least 35 percent of
behavioral health specialists employed by the Coast Guard have
experience in behavioral healthcare for the purpose of supporting
members of the Coast Guard with needs for perinatal
[[Page 136 STAT. 4120]]
mental health care and counseling service for miscarriage, child loss,
and postpartum depression.
(c) Accessibility.--The support provided by the behavioral health
specialists described in subsection (a)--
(1) may include care delivered via telemedicine; and
(2) shall be made widely available to members of the Coast
Guard.
SEC. 11413. EXPANSION OF POSTGRADUATE OPPORTUNITIES FOR MEMBERS OF
COAST GUARD IN MEDICAL AND RELATED
FIELDS.
(a) <<NOTE: 14 USC 2770 note.>> In General.--The Commandant shall
expand opportunities for members of the Coast Guard to secure
postgraduate degrees in medical and related professional disciplines for
the purpose of supporting Coast Guard clinics and operations.
(b) Application of Law.--Individuals who receive assistance pursuant
to subsection (a) shall be subject to the service obligations required
under section 2114 of title 10, United States Code.
(c) Military Training Student Loads.--Section 4904(b)(3) of title
14, United States Code, is amended by striking ``350'' and inserting
``385''.
SEC. 11414. STUDY ON COAST GUARD MEDICAL FACILITIES NEEDS.
(a) <<NOTE: Deadline.>> In General.--Not later than 270 days after
the date of enactment of this Act, the Comptroller General of the United
States shall commence a study on Coast Guard medical facilities needs.
(b) Elements.--The study required by subsection (a) shall include
the following:
(1) <<NOTE: List.>> A list of Coast Guard medical
facilities, including clinics, sickbays, and shipboard
facilities.
(2) <<NOTE: Summary.>> A summary of capital needs for Coast
Guard medical facilities, including construction and repair.
(3) <<NOTE: Summary.>> A summary of equipment upgrade
backlogs of Coast Guard medical facilities.
(4) <<NOTE: Assessment.>> An assessment of improvements to
Coast Guard medical facilities, including improvements to
information technology infrastructure, required to enable the
Coast Guard to fully use telemedicine and implement other
modernization initiatives.
(5) <<NOTE: Evaluation.>> An evaluation of the process used
by the Coast Guard to identify, monitor, and construct Coast
Guard medical facilities.
(6) A description of the resources necessary to fully
address all Coast Guard medical facilities needs.
(c) Report.--Not later than 1 year after commencing the study
required by subsection (a), the Comptroller General shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the findings of the study.
SEC. 11415. STUDY ON COAST GUARD TELEMEDICINE PROGRAM.
(a) <<NOTE: Deadline.>> In General.--Not later than 180 days after
the date of enactment of this Act, the Comptroller General of the United
States shall commence a study on the Coast Guard telemedicine program.
(b) Elements.--The study required under subsection (a) shall include
the following:
(1) <<NOTE: Assessments.>> An assessment of--
[[Page 136 STAT. 4121]]
(A) the current capabilities and limitations of the
Coast Guard telemedicine program;
(B) the degree of integration of such program with
existing electronic health records;
(C) the capability and accessibility of such
program, as compared to the capability and accessibility
of the telemedicine programs of the Department of
Defense and commercial medical providers;
(D) the manner in which the Coast Guard telemedicine
program may be expanded to provide better clinical and
behavioral medical services to members of the Coast
Guard, including such members stationed at remote units
or onboard Coast Guard cutters at sea; and
(E) the costs savings associated with the provision
of--
(i) care through telemedicine; and
(ii) preventative care.
(2) An identification of barriers to full use or expansion
of such program.
(3) A description of the resources necessary to expand such
program to its full capability.
(c) Report.--Not later than 1 year after commencing the study
required by subsection (a), the Comptroller General shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the findings of the study.
Subtitle C--Housing
SEC. 11416. STUDY ON COAST GUARD HOUSING ACCESS, COST, AND
CHALLENGES.
(a) <<NOTE: Deadline.>> In General.--Not later than 90 days after
the date of enactment of this Act, the Comptroller General of the United
States shall commence a study on housing access, cost, and associated
challenges facing members of the Coast Guard.
(b) <<NOTE: Assessments.>> Elements.--The study required under
subsection (a) shall include the following:
(1) An assessment of--
(A) the extent to which--
(i) the Commandant has evaluated the
sufficiency, availability, and affordability of
housing options for members of the Coast Guard and
their dependents; and
(ii) the Coast Guard owns and leases housing
for members of the Coast Guard and their
dependents;
(B) the methods used by the Commandant to manage
housing data, and the manner in which the Commandant
uses such data--
(i) to inform Coast Guard housing policy; and
(ii) to guide investments in Coast Guard-owned
housing capacity and other investments in housing,
such as long-term leases and other housing
options; and
[[Page 136 STAT. 4122]]
(C) the process used by the Commandant to gather and
provide information used to calculate housing allowances
for members of the Coast Guard and their dependents,
including whether the Commandant has established best
practices to manage low-data areas.
(2) An assessment as to whether the Department of Defense
basic allowance for housing is sufficient for members of the
Coast Guard.
(3) <<NOTE: Recommenda- tions.>> Recommendations for
actions the Commandant should take to improve the availability
and affordability of housing for members of the Coast Guard and
their dependents who are stationed in--
(A) remote units located in areas in which members
of the Coast Guard and their dependents are eligible for
TRICARE Prime Remote; or
(B) units located in areas with a high number of
vacation rental properties.
(c) Report.--Not later than 1 year after commencing the study
required under subsection (a), the Comptroller General shall submit to
the Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report on the findings of the study.
(d) <<NOTE: Deadline. Publication.>> Strategy.--Not later than 180
days after the submission of the report required under subsection (c),
the Commandant shall publish a Coast Guard housing strategy that
addresses the findings set forth in the report. Such strategy shall, at
a minimum--
(1) address housing inventory shortages and affordability;
and
(2) include a Coast Guard-owned housing infrastructure
investment prioritization plan.
SEC. 11417. AUDIT OF CERTAIN MILITARY HOUSING CONDITIONS OF
ENLISTED MEMBERS OF COAST GUARD IN KEY
WEST, FLORIDA.
(a) <<NOTE: Deadline. Assessments.>> In General.--Not later than 30
days after the date of enactment of this Act, the Commandant, in
coordination with the Secretary of the Navy, shall commence an audit to
assess--
(1) the conditions of housing units of enlisted members of
the Coast Guard located at Naval Air Station Key West Sigsbee
Park Annex;
(2) the percentage of such units that are considered unsafe
or unhealthy housing units for enlisted members of the Coast
Guard and their families;
(3) the process used by enlisted members of the Coast Guard
and their families to report housing concerns;
(4) the extent to which enlisted members of the Coast Guard
and their families experience unsafe or unhealthy housing units,
relocate, receive a per diem, or expend similar expenses as a
direct result of displacement that are not covered by a
landlord, insurance, or claims process;
(5) the feasibility of providing reimbursement for uncovered
expenses described in paragraph (4); and
(6) what resources are needed to provide appropriate and
safe housing for enlisted members of the Coast Guard and their
families in Key West, Florida.
[[Page 136 STAT. 4123]]
(b) Report.--Not later than 120 days after the date of enactment of
this section , the Commandant shall submit to the appropriate committees
of Congress a report on the results of the audit.
(c) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation and the Committee on Homeland Security
and Governmental Affairs of the Senate; and
(B) the Committee on Transportation and
Infrastructure and the Committee on Homeland Security of
the House of Representatives.
(2) Unsafe or unhealthy housing unit.--The term ``unsafe or
unhealthy housing unit'' means a unit of housing unit in which
is present, at levels exceeding relevant governmental health or
housing standards or guidelines, at least 1 of the following
hazards:
(A) Physiological hazards, including the following:
(i) Dampness or microbial growth.
(ii) Lead-based paint.
(iii) Asbestos or manmade fibers.
(iv) Ionizing radiation.
(v) Biocides.
(vi) Carbon monoxide.
(vii) Volatile organic compounds.
(viii) Infectious agents.
(ix) Fine particulate matter.
(B) Psychological hazards, including the following:
(i) Ease of access by unlawful intruders.
(ii) Lighting issues.
(iii) Poor ventilation.
(iv) Safety hazards.
(v) Other hazards similar to the hazards
specified in clauses (i) through (iv).
SEC. 11418. STUDY ON COAST GUARD HOUSING AUTHORITIES AND
PRIVATIZED HOUSING.
(a) Study.--
(1) <<NOTE: Deadline.>> In general.--Not later than 180 days
after the date of enactment of this Act, the Comptroller General
of the United States shall commence a study that--
(A) <<NOTE: Evaluations.>> evaluates the authorities
of the Coast Guard relating to construction, operation,
and maintenance of housing provided to members of the
Coast Guard and their dependents; and
(B) <<NOTE: Assessments.>> assesses other options
to meet Coast Guard housing needs in rural and urban
housing markets, including public-private partnerships,
long-term lease agreements, privately owned housing, and
any other housing option the Comptroller General
identifies.
(2) Elements.--The study required under paragraph (1) shall
include the following:
(A) <<NOTE: Review.>> A review of authorities,
regulations, and policies available to the Secretary
with respect to construction, maintenance, and operation
of housing for members of the Coast Guard and their
dependents, including unaccompanied member housing, that
considers--
[[Page 136 STAT. 4124]]
(i) housing that is owned and managed by the
Coast Guard;
(ii) long-term leasing or extended-rental
housing;
(iii) public-private partnerships or other
privatized housing options for which the Secretary
may enter into 1 or more contracts with a private
entity to build, maintain, and manage privatized
housing for members of the Coast Guard and their
dependents;
(iv) on-installation and off-installation
housing options, and the availability of, and
authorities relating to, such options; and
(v) housing availability near Coast Guard
units, readiness needs, and safety.
(B) <<NOTE: Review.>> A review of the housing-
related authorities, regulations, and policies available
to the Secretary of Defense, and an identification of
the differences between such authorities afforded to the
Secretary of Defense and the housing-related
authorities, regulations, and policies afforded to the
Secretary.
(C) A description of lessons learned, or
recommendations for, the Coast Guard based on the use of
private housing by the Department of Defense, including
the recommendations set forth in the report of the
Government Accountability Office titled ``Privatized
Military Housing: Update on DOD's Efforts to Address
Oversight Challenges'' (GAO-22-105866), issued in March
2022.
(D) <<NOTE: Assessment.>> An assessment of the
extent to which the Secretary uses the authorities
provided in subchapter IV of chapter 169 of title 10,
United States Code.
(E) <<NOTE: Analysis.>> An analysis of immediate and
long-term costs associated with housing owned and
operated by the Coast Guard, as compared to
opportunities for long-term leases, private housing, and
other public-private partnerships in urban and remote
locations.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall submit to the appropriate
committees of Congress a report on the results of the study conducted
under subsection (a).
(c) <<NOTE: Deadline.>> Briefing.--Not later than 180 days after the
date on which the report required under subsection (b) is submitted, the
Commandant or the Secretary shall provide a briefing to the appropriate
committees of Congress on--
(1) the actions the Commandant has, or has not, taken with
respect to the results of the study;
(2) <<NOTE: Plan.>> a plan for addressing areas identified
in the report that present opportunities for improving the
housing options available to members of the Coast Guard and
their dependents; and
(3) the need for, or potential manner of use of, any
authorities the Coast Guard does not have with respect to
housing, as compared to the Department of Defense.
(d) <<NOTE: Definition.>> Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress'' means the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives.
[[Page 136 STAT. 4125]]
SEC. 11419. STRATEGY TO IMPROVE QUALITY OF LIFE AT REMOTE UNITS.
(a) <<NOTE: Deadline.>> In General.--Not more than 180 days after
the date of enactment of this Act, the Commandant shall develop a
strategy to improve the quality of life for members of the Coast Guard
and their dependents who are stationed in remote units.
(b) Elements.--The strategy developed under subsection (a) shall
address the following:
(1) Methods to improve the availability or affordability of
housing options for such members and their dependents through--
(A) Coast Guard-owned housing; or
(B) Coast Guard-facilitated housing.
(2) <<NOTE: Review.>> A review of whether current methods
for determining the amount of basic housing allowances received
by such members of the Coast Guard accurately reflect the costs
of privately owned or privately rented housing in such areas.
(3) Methods to improve access by such members and their
dependents to--
(A) medical, dental, and pediatric care; and
(B) behavioral health care that is covered under the
TRICARE program (as defined in section 1072 of title 10,
United States Code).
(4) Methods to increase access to child care services in
such areas, including recommendations for increasing child care
capacity and opportunities for care within the Coast Guard and
in the private sector.
(5) Methods to improve non-Coast Guard network internet
access at remote units--
(A) to improve communications between members of the
Coast Guard on active duty who are assigned or attached
to a remote unit and the family members of such members
who are not located in the same location as such member;
and
(B) for other purposes such as education and
training.
(6) Methods to support spouses and other dependents of
members serving in such areas who face challenges specific to
remote locations.
(7) Any other matter the Commandant considers appropriate.
(c) <<NOTE: Deadline.>> Briefing.--Not later than 180 days after the
strategy developed under subsection (a) is completed, the Commandant
shall provide to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a briefing on the strategy.
(d) Remote Unit Defined.--In this section, the term ``remote unit''
means a unit located in an area in which members of the Coast Guard and
their dependents are eligible for TRICARE Prime Remote.
[[Page 136 STAT. 4126]]
Subtitle D--Other Matters
SEC. 11420. REPORT ON AVAILABILITY OF EMERGENCY SUPPLIES FOR COAST
GUARD PERSONNEL.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives a report on the availability of appropriate emergency
supplies at Coast Guard units.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) <<NOTE: Assessment.>> An assessment of the extent to
which--
(A) the Commandant ensures that Coast Guard units
assess risks and plan accordingly to obtain and maintain
appropriate emergency supplies; and
(B) Coast Guard units have emergency food and water
supplies available according to local emergency
preparedness needs.
(2) A description of any challenge the Commandant faces in
planning for and maintaining adequate emergency supplies for
Coast Guard personnel.
(c) <<NOTE: Strategy. Recommenda- tion.>> Publication.--Not later
than 90 days after the date of submission of the report required by
subsection (a), the Commandant shall publish a strategy and
recommendations in response to the report that includes--
(1) <<NOTE: Plan.>> a plan for improving emergency
preparedness and emergency supplies for Coast Guard units; and
(2) <<NOTE: Review.>> a process for periodic review and
engagement with Coast Guard units to ensure emerging emergency
response supply needs are achieved and maintained.
SEC. 11421. FLEET MIX ANALYSIS AND SHORE INFRASTRUCTURE INVESTMENT
PLAN.
(a) <<NOTE: Updates.>> Fleet Mix Analysis.--
(1) <<NOTE: Determination.>> In general.--The Commandant
shall conduct an updated fleet mix analysis that provides for a
fleet mix sufficient, as determined by the Commandant--
(A) to carry out--
(i) the missions of the Coast Guard; and
(ii) emerging mission requirements; and
(B) to address--
(i) national security threats; and
(ii) the global deployment of the Coast Guard
to counter great power competitors.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Commandant shall submit to Congress a
report on the results of the updated fleet mix analysis required
under paragraph (1).
(b) Shore Infrastructure Investment Plan.--
(1) In general.--The Commandant shall develop an updated
shore infrastructure investment plan that includes--
(A) the construction of additional facilities to
accommodate the updated fleet mix described in
subsection (a)(1);
(B) improvements necessary to ensure that existing
facilities meet requirements and remain operational for
[[Page 136 STAT. 4127]]
the lifespan of such fleet mix, including necessary
improvements to information technology infrastructure;
(C) <<NOTE: Timeline.>> a timeline for the
construction and improvement of the facilities described
in subparagraphs (A) and (B); and
(D) <<NOTE: Cost estimate.>> a cost estimate for
construction and life-cycle support of such facilities,
including for necessary personnel.
(2) Report.--Not later than 1 year after the date on which
the report under subsection (a)(2) is submitted, the Commandant
shall submit to Congress a report on the plan required under
paragraph (1).
TITLE CXV--MARITIME
Subtitle A--Vessel Safety
SEC. 11501. RESPONSES TO SAFETY RECOMMENDATIONS.
(a) In General.--Chapter 7 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 721. <<NOTE: 14 USC 721.>> Responses to safety
recommendations
``(a) <<NOTE: Deadline.>> In General.--Not later than 90 days after
the National Transportation Safety Board submits to the Commandant a
recommendation, and supporting justification for such recommendation,
relating to transportation safety, the Commandant shall submit to the
National Transportation Safety Board a written response to the
recommendation, including whether the Commandant--
``(1) concurs with the recommendation;
``(2) partially concurs with the recommendation; or
``(3) does not concur with the recommendation.
``(b) Explanation of Concurrence.--The Commandant shall include in a
response submitted under subsection (a)--
``(1) with respect to a recommendation with which the
Commandant concurs or partially concurs, an explanation of the
actions the Commandant intends to take to implement such
recommendation or part of such recommendation; and
``(2) with respect to a recommendation with which the
Commandant does not concur, the reasons the Commandant does not
concur.
``(c) <<NOTE: Notification.>> Failure To Respond.--If the National
Transportation Safety Board has not received the written response
required under subsection (a) by the end of the time period described in
such subsection, the National Transportation Safety Board shall notify
the Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives that such response has not been received.''.
(b) Clerical Amendment.--The analysis for chapter 7 of title 14,
United States Code, is <<NOTE: 14 USC prec. 701.>> amended by adding at
the end the following:
``721. Responses to safety recommendations.''.
SEC. 11502. <<NOTE: 46 USC 3306 note.>> REQUIREMENTS FOR DUKW
AMPHIBIOUS PASSENGER VESSELS.
(a) Rulemaking Required.--
[[Page 136 STAT. 4128]]
(1) <<NOTE: Deadline.>> In general.--Not later than 6 months
after the date of enactment of this Act, the Commandant shall
initiate a rulemaking to establish additional safety standards
for DUKW amphibious passenger vessels.
(2) Deadline for regulations.--The regulations issued under
paragraph (1) shall take effect not later than 18 months after
the Commandant promulgates a final rule pursuant to such
paragraph.
(b) Requirements.--The regulations required under subsection (a)
shall include the following:
(1) A requirement that operators of DUKW amphibious
passenger vessels provide reserve buoyancy for such vessels
through passive means, including watertight
compartmentalization, built-in flotation, or such other means as
determined appropriate by the Commandant, in order to ensure
that such vessels remain afloat and upright in the event of
flooding, including when carrying a full complement of
passengers and crew.
(2) An identification, in consultation with the Under
Secretary of Commerce for Oceans and Atmosphere, of limiting
environmental conditions, such as weather, in which DUKW
amphibious passenger vessels may safely operate and a
requirement that such limiting conditions be described in the
certificate of inspection of each DUKW amphibious passenger
vessel.
(3) Requirements that an operator of a DUKW amphibious
passenger vessel--
(A) proceed to the nearest harbor or safe refuge in
any case in which a watch or warning is issued for wind
speeds exceeding the wind speed equivalent used to
certify the stability of such DUKW amphibious passenger
vessel; and
(B) maintain and monitor a weather monitor radio
receiver at the operator station of the vessel that is
automatically activated by the warning alarm device of
the National Weather Service.
(4) A requirement that--
(A) operators of DUKW amphibious passenger vessels
inform passengers that seat belts may not be worn during
waterborne operations;
(B) before the commencement of waterborne
operations, a crew member shall visually check that the
seatbelt of each passenger is unbuckled; and
(C) operators or crew maintain a log recording the
actions described in subparagraphs (A) and (B).
(5) A requirement for annual training for operators and crew
of DUKW amphibious passenger vessels, including--
(A) training for personal flotation and seat belt
requirements, verifying the integrity of the vessel at
the onset of each waterborne departure, identification
of weather hazards, and use of National Weather Service
resources prior to operation; and
(B) training for crew to respond to emergency
situations, including flooding, engine compartment
fires, man-overboard situations, and in water emergency
egress procedures.
(c) Consideration.--In issuing the regulations required under
subsection (a), the Commandant shall consider whether personal
[[Page 136 STAT. 4129]]
flotation devices should be required for the duration of the waterborne
transit of a DUKW amphibious passenger vessel.
(d) <<NOTE: Certification.>> Waiver.--The Commandant may waive the
reserve buoyancy requirements described in subsection (b)(1) for a DUKW
amphibious passenger vessel if the Commandant certifies in writing,
using the best available science, to the appropriate congressional
committees that such requirement is not practicable or technically or
practically achievable for such vessel.
(e) <<NOTE: Exemption.>> Notice to Passengers.--A DUKW amphibious
passenger vessel that receives a waiver under subsection (d) shall
provide a prominently displayed notice on its website, ticket counter,
and each ticket for passengers that the vessel is exempt from meeting
Coast Guard safety compliance standards concerning reserve buoyancy.
(f) <<NOTE: Deadline.>> Interim Requirements.--Prior to issuing
final regulations pursuant to subsection (a) and not later than 180 days
after the date of enactment of this Act, the Commandant shall require
that operators of DUKW amphibious passenger vessels implement the
following requirements:
(1) Remove the canopies and any window coverings of such
vessels for waterborne operations, or install in such vessels a
canopy that does not restrict horizontal or vertical escape by
passengers in the event of flooding or sinking.
(2) If a canopy and window coverings are removed from any
such vessel pursuant to paragraph (1), require that all
passengers wear a personal flotation device approved by the
Coast Guard before the onset of waterborne operations of such
vessel.
(3) Reengineer such vessels to permanently close all
unnecessary access plugs and reduce all through-hull
penetrations to the minimum number and size necessary for
operation.
(4) Install in such vessels independently powered electric
bilge pumps that are capable of dewatering such vessels at the
volume of the largest remaining penetration in order to
supplement an operable Higgins pump or a dewatering pump of
equivalent or greater capacity.
(5) Install in such vessels not fewer than 4 independently
powered bilge alarms.
(6) Conduct an in-water inspection of any such vessel after
each time a through-hull penetration of such vessel has been
removed or uncovered.
(7) <<NOTE: Verification.>> Verify through an in-water
inspection the watertight integrity of any such vessel at the
outset of each waterborne departure of such vessel.
(8) Install underwater LED lights that activate
automatically in an emergency.
(9) <<NOTE: Compliance.>> Otherwise comply with any other
provisions of relevant Coast Guard guidance or instructions in
the inspection, configuration, and operation of such vessels.
(g) Implementation.--The Commandant shall implement the interim
requirements under subsection (f) without regard to chapters 5 and 6 of
title 5, United States Code, and Executive Order Nos. 12866 and 13563 (5
U.S.C. 601 note).
(h) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee
[[Page 136 STAT. 4130]]
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(2) DUKW amphibious passenger vessel.--The term ``DUKW
amphibious passenger vessel'' means a vessel that uses,
modifies, or is derived from the GMC DUKW-353 design, and which
is operating as a small passenger vessel in waters subject to
the jurisdiction of the United States, as defined in section
2.38 of title 33, Code of Federal Regulations (or a successor
regulation).
SEC. 11503. EXONERATION AND LIMITATION OF LIABILITY FOR SMALL
PASSENGER VESSELS.
(a) Restructuring.--Chapter 305 of title 46, United States Code, is
amended--
(1) by inserting before section 30501 the following:
``Subchapter <<NOTE: 46 USC prec. 30501.>> I--General Provisions'';
(2) by inserting before section 30503 the following:
``Subchapter II-- <<NOTE: 46 USC prec. 30503.>> Exoneration and
Limitation of Liability'';
and
(3) by redesignating sections 30503 through 30512 <<NOTE: 46
USC 30521-30530.>> as sections 30521 through 30530,
respectively.
(b) Definitions.--Section 30501 of title 46, United States Code, is
amended to read as follows:
``Sec. 30501. Definitions
``In this chapter:
``(1) Covered small passenger vessel.--The term `covered
small passenger vessel'--
``(A) means a small passenger vessel, as defined in
section 2101, that is--
``(i) not a wing-in-ground craft; and
``(ii) carrying--
``(I) not more than 49 passengers on
an overnight domestic voyage; and
``(II) not more than 150 passengers
on any voyage that is not an overnight
domestic voyage; and
``(B) includes any wooden vessel constructed prior
to March 11, 1996, carrying at least 1 passenger for
hire.
``(2) Owner.--The term `owner' includes a charterer that
mans, supplies, and navigates a vessel at the charterer's own
expense or by the charterer's own procurement.''.
(c) Applicability.--Section 30502 of title 46, United States Code,
is amended to read as follows:
``Sec. 30502. Application
``(a) In General.--Except as otherwise provided, this chapter
(except section 30521) applies to seagoing vessels and vessels used on
lakes or rivers or in inland navigation, including canal boats, barges,
and lighters.
``(b) Exception.--This chapter (except for section 30526) shall not
apply to covered small passenger vessels.''.
[[Page 136 STAT. 4131]]
(d) Provisions Requiring Notice of Claim or Limiting Time for
Bringing Action.--Section 30526(b) of title 46, United States Code, as
redesignated by subsection (a), is amended--
(1) in paragraph (1)--
(A) by inserting ``, in the case of seagoing
vessels,'' after ``personal injury or death''; and
(B) by inserting ``, or in the case of covered small
passenger vessels, to less than two years after the date
of the injury or death'' after ``date of the injury or
death''; and
(2) in paragraph (2)--
(A) by inserting ``, in the case of seagoing
vessels,'' after ``personal injury or death''; and
(B) by inserting ``, or in the case of covered small
passenger vessels, to less than two years after the date
of the injury or death'' after ``date of the injury or
death''.
(e) Chapter Analysis.--The analysis for chapter 305 of title 46,
United States Code, is <<NOTE: 46 USC prec. 30501.>> amended--
(1) by inserting before the item relating to section 30501
the following:
``subchapter i--general provisions'';
(2) by inserting after the item relating to section 30502
the following:
``subchapter ii--exoneration and limitation of liability'';
(3) by striking the item relating to section 30501 and
inserting the following:
``30501. Definitions.'';
and
(4) by redesignating the items relating to sections 30503
through 30512 as items relating to sections 30521 through 30530,
respectively.
(f) Conforming Amendments.--Title 46, United States Code, is further
amended--
(1) in section 14305(a)(5) by striking ``section 30506'' and
inserting ``section 30524'';
(2) in section 30523(a), as redesignated by subsection (a),
by striking ``section 30506'' and inserting ``section 30524'';
(3) in section 30524(b), as redesignated by subsection (a),
by striking ``section 30505'' and inserting ``section 30523'';
and
(4) in section 30525, as redesignated by subsection (a)--
(A) in the matter preceding paragraph (1) by
striking ``sections 30505 and 30506'' and inserting
``sections 30523 and 30524'';
(B) in paragraph (1) by striking ``section 30505''
and inserting ``section 30523''; and
(C) in paragraph (2) by striking ``section
30506(b)'' and inserting ``section 30524(b)''.
SEC. 11504. <<NOTE: 14 USC 501 note.>> AT-SEA RECOVERY OPERATIONS
PILOT PROGRAM.
(a) <<NOTE: Evaluation.>> In General.--The Secretary shall conduct a
pilot program to evaluate the potential use of remotely controlled or
autonomous operation and monitoring of certain vessels for the purposes
of--
(1) better understanding the complexities of such at-sea
operations and potential risks to navigation safety, vessel
security, maritime workers, the public, and the environment;
[[Page 136 STAT. 4132]]
(2) gathering observational and performance data from
monitoring the use of remotely-controlled or autonomous vessels;
and
(3) <<NOTE: Assessment. Evaluation.>> assessing and
evaluating regulatory requirements necessary to guide the
development of future occurrences of such operations and
monitoring activities.
(b) Duration and Effective Date.--The duration of the pilot program
established under this section shall be not more than 5 years beginning
on the date on which the pilot program is established, which shall be
not later than 180 days after the date of enactment of this Act.
(c) Authorized Activities.--The activities authorized under this
section include--
(1) remote over-the-horizon monitoring operations related to
the active at-sea recovery of spaceflight components on an
unmanned vessel or platform;
(2) <<NOTE: Procedures.>> procedures for the unaccompanied
operation and monitoring of an unmanned spaceflight recovery
vessel or platform; and
(3) unmanned vessel transits and testing operations without
a physical tow line related to space launch and recovery
operations, except within 12 nautical miles of a port.
(d) Interim Authority.--In recognition of potential risks to
navigation safety, vessel security, maritime workers, the public, and
the environment, and the unique circumstances requiring the use of
remotely operated or autonomous vessels, the Secretary, in the pilot
program established under subsection (a), may--
(1) allow remotely controlled or autonomous vessel
operations to proceed consistent to the extent practicable under
the proposed title 33, United States Code, and 46, United States
Code, including navigation and manning laws and regulations;
(2) <<NOTE: Waiver.>> modify or waive applicable regulations
and guidance as the Secretary considers appropriate to--
(A) allow remote and autonomous vessel at-sea
operations and activities to occur while ensuring
navigation safety; and
(B) ensure the reliable, safe, and secure operation
of remotely-controlled or autonomous vessels; and
(3) <<NOTE: Requirement.>> require each remotely operated or
autonomous vessel to be at all times under the supervision of 1
or more individuals--
(A) holding a merchant mariner credential which is
suitable to the satisfaction of the Coast Guard; and
(B) who shall practice due regard for the safety of
navigation of the autonomous vessel, to include
collision avoidance.
(e) Rule of Construction.--Nothing in this section shall be
construed to authorize the Secretary to--
(1) permit foreign vessels to participate in the pilot
program established under subsection (a);
(2) waive or modify applicable laws and regulations under
the proposed title 33, United States Code, and title 46, United
States Code, except to the extent authorized under subsection
(d)(2);
(3) waive or modify applicable laws and regulations under
titles 49 and 51 of the United States Code; or
[[Page 136 STAT. 4133]]
(4) waive or modify any regulations arising under
international conventions.
(f) Savings Provision.--Nothing in this section may be construed to
authorize the employment in the coastwise trade of a vessel or platform
that does not meet the requirements of sections 12112, 55102, 55103, and
55111 of title 46, United States Code.
(g) Authority Unaffected.--Nothing in this section shall be
construed to affect, impinge, or alter any authority of the Secretary of
Transportation under titles 49 and 51, United States Code.
(h) <<NOTE: Deadline.>> Briefings.--The Secretary or the designee of
the Secretary shall brief the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure and the Committee on Science, Space, and Technology of
the House of Representatives on the program established under subsection
(a) on a quarterly basis.
(i) <<NOTE: Assessment.>> Report.--Not later than 180 days after the
expiration of the pilot program established under subsection (a), the
Secretary shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure and the Committee on Science, Space, and Technology of
the House of Representatives a final report regarding an assessment of
the execution of the pilot program and implications for maintaining
navigation safety, the safety of maritime workers, and the preservation
of the environment.
(j) GAO Report.--
(1) In general.--Not later than 18 months after the date of
enactment of this section, the Comptroller General of the United
States shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report on
the state of autonomous and remote technologies in the operation
of shipboard equipment and the safe and secure navigation of
vessels in Federal waters of the United States.
(2) <<NOTE: Assessments.>> Elements.--The report required
under paragraph (1) shall include the following:
(A) An assessment of commercially available
autonomous and remote technologies in the operation of
shipboard equipment and the safe and secure navigation
of vessels during the 10 years immediately preceding the
date of the report.
(B) <<NOTE: Analysis.>> An analysis of the safety,
physical security, cybersecurity, and collision
avoidance risks and benefits associated with autonomous
and remote technologies in the operation of shipboard
equipment and the safe and secure navigation of vessels,
including environmental considerations.
(C) An assessment of the impact of such autonomous
and remote technologies, and all associated
technologies, on labor, including--
(i) roles for credentialed and noncredentialed
workers regarding such autonomous, remote, and
associated technologies; and
(ii) training and workforce development needs
associated with such technologies.
(D) An assessment and evaluation of regulatory
requirements necessary to guide the development of
future autonomous, remote, and associated technologies
in the
[[Page 136 STAT. 4134]]
operation of shipboard equipment and safe and secure
navigation of vessels.
(E) An assessment of the extent to which such
technologies are being used in other countries and how
such countries have regulated such technologies.
(F) <<NOTE: Recommenda- tions.>> Recommendations
regarding authorization, infrastructure, and other
requirements necessary for the implementation of such
technologies in the United States.
(3) Consultation.--The report required under paragraph (1)
shall include, at a minimum, consultation with the maritime
industry including--
(A) vessel operators, including commercial carriers,
entities engaged in exploring for, developing, or
producing resources, including non-mineral energy
resources in its offshore areas, and supporting entities
in the maritime industry;
(B) shipboard personnel impacted by any change to
autonomous vessel operations, in order to assess the
various benefits and risks associated with the
implementation of autonomous, remote, and associated
technologies in the operation of shipboard equipment and
safe and secure navigation of vessels and the impact
such technologies would have on maritime jobs and
maritime manpower;
(C) relevant federally funded research institutions,
non-governmental organizations, and academia; and
(D) the commercial space industry.
(k) Merchant Mariner Credential Defined.--In this section, the term
``merchant mariner credential'' means a merchant mariner license,
certificate, or document that the Secretary is authorized to issue
pursuant to title 46, United States Code.
SEC. 11505. <<NOTE: 46 USC 3306 note.>> HISTORIC WOOD SAILING
VESSELS.
(a) <<NOTE: Evaluations.>> Report on Historic Wood Sailing
Vessels.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report
evaluating the practicability of the application of section
3306(n)(3)(A)(v) of title 46, United States Code, to historic
wood sailing vessels.
(2) <<NOTE: Assessments.>> Elements.--The report required
under paragraph (1) shall include the following:
(A) An assessment of the compliance, as of the date
on which the report is submitted under paragraph (1), of
historic wood sailing vessels with section
3306(n)(3)(A)(v) of title 46, United States Code.
(B) An assessment of the safety record of historic
wood sailing vessels.
(C) An assessment of any risk that modifying the
requirements under such section would have on the safety
of passengers and crew of historic wood sailing vessels.
(D) An evaluation of the economic practicability of
requiring the compliance of historic wood sailing
vessels with such section and whether such compliance
would meaningfully improve safety of passengers and crew
in a manner that is both feasible and economically
practicable.
[[Page 136 STAT. 4135]]
(E) <<NOTE: Recommenda- tions.>> Any
recommendations to improve safety in addition to, or in
lieu of, applying such section to historic wood sailing
vessels.
(F) <<NOTE: Recommenda- tions.>> Any other
recommendations as the Comptroller General determines
are appropriate with respect to the applicability of
such section to historic wood sailing vessels.
(G) An assessment to determine if historic wood
sailing vessels could be provided an exemption to such
section and the changes to legislative or rulemaking
requirements, including modifications to section
177.500(q) of title 46, Code of Federal Regulations (as
in effect on the date of enactment of this Act), that
are necessary to provide the Commandant the authority to
make such exemption or to otherwise provide for such
exemption.
(b) Consultation.--In completing the report required under
subsection (a), the Comptroller General may consult with--
(1) the National Transportation Safety Board;
(2) the Coast Guard; and
(3) the maritime industry, including relevant federally
funded research institutions, nongovernmental organizations, and
academia.
(c) <<NOTE: Time period.>> Waiver for Covered Historic Vessels.--
The captain of a port may waive the requirements of section
3306(n)(3)(A)(v) of title 46, United States Code, with respect to
covered historic vessels for not more than 2 years after the date on
which the report required under subsection (a) is submitted.
(d) Waiver for Other Historic Wood Sailing Vessels.--
(1) <<NOTE: Time period.>> In general.--The captain of a
port may, upon the request of the owner or operator of a
historic wood sailing vessel that is not a covered historic
vessel, waive the requirements of section 3306(n)(3)(A)(v) of
title 46, United States Code, with respect to the historic wood
sailing vessel for not more than 2 years after date on which the
report required under subsection (a) is submitted, if the
captain of the port--
(A) <<NOTE: Determination.>> determines that it is
technically infeasible for the historic wood sailing
vessel to comply with the requirements described in
section 3306(n)(3)(A)(v) of title 46, United States
Code, due to its age; and
(B) <<NOTE: Approval.>> approves the alternative
arrangements proposed for the historic wood sailing
vessel in accordance with paragraph (2).
(2) Request and alternative arrangements.--An owner or
operator of a historic wood sailing vessel requesting a waiver
under paragraph (1) shall submit such a request to the captain
of a port that includes the alternative arrangements the owner
or operator will take to ensure an equivalent level of safety,
to the maximum extent practicable, to the requirements under
section 3306(n)(3)(A)(v) of title 46, United States Code.
(e) Savings Clause.--Nothing in this section shall limit any
authority available, as of the date of enactment of this Act, to the
captain of a port with respect to safety measures or any other authority
as necessary for the safety of historic wood sailing vessels.
(f) <<NOTE: Exemption.>> Notice to Passengers.--Any vessel that
receives a waiver under subsection (c) or subsection (d) shall,
beginning on the date on which the requirements under section
3306(n)(3)(v) of title 46, United States Code, take effect, provide a
prominently displayed notice on its website, ticket counter, and each
ticket for a passenger
[[Page 136 STAT. 4136]]
that the vessel is exempt from meeting the Coast Guard safety compliance
standards concerning egress as described under such section.
(g) Definitions.--In this section:
(1) Covered historic vessels.--The term ``covered historic
vessels'' means each of the following:
(A) Adventuress (Official Number 210877).
(B) American Eagle (Official Number 229913).
(C) Angelique (Official Number 623562).
(D) Heritage (Official Number 649561).
(E) J & E Riggin (Official Number 226422).
(F) Ladona (Official Number 222228).
(G) Lady Washington (Official Number 944970).
(H) Lettie G. Howard (Official Number 222838).
(I) Lewis R. French (Official Number 015801).
(J) Mary Day (Official Number 288714).
(K) Stephen Taber (Official Number 115409).
(L) Victory Chimes (Official Number 136784).
(M) Grace Bailey (Official Number 085754).
(N) Mercantile (Official Number 214388).
(O) Mistress (Official Number 509004).
(P) Wendameen (Official Number 210173).
(2) Historic wood sailing vessel.--The term ``historic wood
sailing vessel'' means a covered small passenger vessel, as
defined in section 3306(n)(5) of title 46, United States Code,
that--
(A) has overnight passenger accommodations;
(B) is a wood sailing vessel;
(C) has a hull constructed of wood;
(D) is principally equipped for propulsion by sail,
even if the vessel has an auxiliary means of production;
(E) has no fewer than three masts; and
(F) was constructed before 1986.
SEC. 11506. CERTIFICATES OF NUMBERS FOR UNDOCUMENTED VESSELS.
Section 12304(a) of title 46, United States Code, is amended--
(1) by striking ``shall be pocketsized,''; and
(2) by inserting ``in hard copy or digital form. Any
certificate issued in hard copy under this section shall be
pocketsized. The certificate shall be'' after ``and may be''.
SEC. 11507. COMPTROLLER GENERAL REVIEW AND REPORT ON COAST GUARD
OVERSIGHT OF THIRD-PARTY
ORGANIZATIONS.
(a) <<NOTE: Assessments.>> In General.--Not later than 1 year after
the date of enactment of this Act, the Comptroller General of the United
States shall initiate a review that assesses the oversight of the Coast
Guard of third-party organizations.
(b) <<NOTE: Analyses.>> Elements.--In carrying out the review
required under subsection (a), the Comptroller General shall analyze the
following:
(1) Coast Guard use of third-party organizations in the
prevention mission of the Coast Guard and the extent to which
the Coast Guard plans to increase such use to enhance prevention
mission performance, including resource use and specialized
expertise.
(2) The extent to which the Coast Guard has assessed the
potential risks and benefits of using third-party organizations
to support prevention mission activities.
[[Page 136 STAT. 4137]]
(3) The extent to which the Coast Guard provides oversight
of third-party organizations authorized to support prevention
mission activities.
(c) Report.--Not later than 1 year after initiating the review
required under subsection (a), the Comptroller General shall submit to
the Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives the results of such review.
SEC. 11508. <<NOTE: 46 USC 8104 note.>> ARTICULATED TUG-BARGE
MANNING.
(a) <<NOTE: Authorization. Certification.>> In General.--
Notwithstanding the watch setting requirements set forth in section 8104
of title 46, United States Code, the Secretary shall authorize an
Officer in Charge, Marine Inspection to issue an amended certificate of
inspection that does not require engine room watch setting to inspected
towing vessels certificated prior to July 19, 2022, forming part of an
articulated tug-barge unit, provided that such vessels are equipped with
engineering control and monitoring systems of a type accepted for no
engine room watch setting under a previously approved minimum safe
manning document or certificate of inspection for articulated tug-barge
units.
(b) Definitions.--In this section:
(1) Certificate of inspection.--The term ``certificate of
inspection'' means a certificate of inspection under subchapter
M of chapter I of title 46, Code of Federal Regulations.
(2) Inspected towing vessel.--The term ``inspected towing
vessel'' means a vessel issued a certificate of inspection.
SEC. 11509. FISHING VESSEL SAFETY.
(a) In General.--Chapter 45 of title 46, United States Code, is
amended--
(1) in section 4502(f)(2) by striking ``certain vessels
described in subsection (b) if requested by the owner or
operator; and'' and inserting the following: ``vessels described
in subsection (b) if--
``(A) requested by an owner or operator; or
``(B) the vessel is--
``(i) at least 50 feet overall in length;
``(ii) built before July 1, 2013; and
``(iii) 25 years of age or older; and'';
(2) in section 4503(b) by striking ``Except as provided in
section 4503a, subsection (a)'' and inserting ``Subsection
(a)''; and
(3) <<NOTE: Repeal.>> by repealing section 4503a.
(b) <<NOTE: Contracts. 46 USC 4502 note.>> Alternative Safety
Compliance Agreements.--Nothing in this section or the amendments made
by this section shall be construed to affect or apply to any alternative
compliance and safety agreement entered into by the Coast Guard that is
in effect on the date of enactment of this Act.
(c) Conforming Amendments.--The analysis for chapter 45 of title 46,
United States Code, <<NOTE: 46 USC prec. 4501.>> is amended by striking
the item relating to section 4503a.
SEC. <<NOTE: 46 USC 3508 note.>> 11510. EXEMPTIONS FOR CERTAIN
PASSENGER VESSELS.
Notwithstanding any other provision of law, requirements authorized
under sections 3508 and 3509 of title 46, United States Code, shall not
apply to any passenger vessel, as defined in section 2101 of such title
--
[[Page 136 STAT. 4138]]
(1) that carries in excess of 250 passengers;
(2) that is, or was, in operation exclusively within the
inland rivers and internal waters of the United States on
voyages inside the Boundary Line, as defined in section 103 of
such title, on or before July 27, 2030; and
(3) the operators or charterers of which operated any
documented vessels with a coastwise endorsement prior to January
1, 2024.
Subtitle B--Merchant Mariner Credentialing
SEC. 11511. <<NOTE: 46 USC 7502 note.>> MODERNIZING MERCHANT
MARINER CREDENTIALING SYSTEM.
(a) Report.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Commandant shall submit to the
Committees on Commerce, Science, and Transportation and
Appropriations of the Senate, and the Committees on
Transportation and Infrastructure and Appropriations of the
House of Representatives, a report on the financial, human, and
information technology infrastructure resources needed to
establish an electronic merchant mariner licensing and
documentation system.
(2) <<NOTE: Recommenda- tions.>> Legislative and regulatory
suggestions.--In preparing the report described in paragraph
(1), the Commandant--
(A) shall include recommendations for any
legislative or administrative actions as the Commandant
determines necessary to establish the electronic
merchant mariner licensing and documentation system
described in paragraph (1) as soon as possible; and
(B) may include findings, conclusions, or
recommendations from the study conducted under
subsection (b).
(b) Study.--
(1) <<NOTE: Records. Data.>> In general.--In preparing the
report required under subsection (a), the Commandant and the
Administrator of the Maritime Administration, in coordination
with the Commander of the United States Transportation Command,
shall conduct a study on the feasibility of developing and
maintaining a database as part of an electronic merchant mariner
licensing and documentation system that--
(A) contains records with respect to each
credentialed mariner, including credential validity,
drug and alcohol testing results, and information on any
final adjudicated agency action involving a credentialed
mariner or regarding any involvement in a marine
casualty; and
(B) maintains such records in a manner that allows
data to be readily accessed by the Federal Government
for the purpose of assessing workforce needs and for the
purpose of the economic and national security of the
United States.
(2) Contents.--The study required under paragraph (1)
shall--
(A) <<NOTE: Assessment.>> include an assessment of
the resources, including information technology, and
authorities necessary to
[[Page 136 STAT. 4139]]
develop and maintain the database described in such
paragraph;
(B) specifically address ways to protect the privacy
interests of any individual whose information may be
contained within such database, which shall include
limiting access to the database or having access to the
database be monitored by, or accessed through, a member
of the Coast Guard; and
(C) address the feasibility of incorporating in such
database a reporting mechanism to alert the
Administrator of the Maritime Administration each time a
mariner's credential is reinstated upon completion of a
period of suspension as the result of a suspension and
revocation proceeding under section 7702 of title 46,
United States Code, with details about the violation
that led to such suspension.
(c) <<NOTE: Deadline.>> Electronic Merchant Mariner Licensing and
Documentation System.--Notwithstanding any other provision of law, not
later than 2 years after the date of enactment of this Act, the
Secretary shall implement an electronic merchant mariner licensing and
documentation system.
SEC. 11512. ASSESSMENT REGARDING APPLICATION PROCESS FOR MERCHANT
MARINER CREDENTIALS.
(a) <<NOTE: Determination.>> In General.--The Secretary shall
conduct an assessment to determine the resources, including personnel
and computing resources, required to reduce the amount of time necessary
to process an application for a merchant mariner credential to not more
than 2 weeks after the date of receipt of such application.
(b) <<NOTE: Deadline.>> Briefing Required.--Not later than 180 days
after the date of enactment of this Act, the Secretary shall provide a
briefing to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure of the
House of Representatives with the results of the assessment required
under subsection (a).
SEC. 11513. GAO REPORT.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Comptroller General of the United States shall prepare
and submit a report to Congress that evaluates the processes of the
National Maritime Center for processing and approving merchant mariner
credentials, as of the date of enactment of this Act.
(b) <<NOTE: Analyses.>> Contents.--In preparing the report required
under subsection (a), the Comptroller General shall--
(1) analyze the effectiveness of the merchant mariner
credentialing process, as of the date of enactment of this Act;
(2) analyze the backlogs relating to the merchant mariner
credentialing process and the reasons for such backlogs; and
(3) <<NOTE: Recommenda- tions.>> provide recommendations
for improving and expediting the merchant mariner credentialing
process, including funding needed to support improved processing
times.
SEC. 11514. <<NOTE: Military to Mariners Act of 2022. 46 USC 7302
note.>> MILITARY TO MARINERS ACT OF
2022.
(a) Short Title.--This section may be cited as the ``Military to
Mariners Act of 2022''.
[[Page 136 STAT. 4140]]
(b) Modification of Sea Service Requirements for Merchant Mariner
Credentials for Veterans and Members of the Uniformed Services.--
(1) <<NOTE: Deadline.>> Review and regulations.--
Notwithstanding any other provision of law, not later than 2
years after the date of enactment of this Act, the Secretary
shall--
(A) <<NOTE: Examination.>> review and examine--
(i) the timeframes and impediments for
veterans and members of the uniformed services to
receive a merchant mariner credential;
(ii) the classifications of sea service
acquired through training and service as a member
of the Uniformed Services and level of equivalence
such service has with respect to sea service on
merchant vessels; and
(iii) the amount of sea service, including
percent of the total time onboard for purposes of
equivalent underway service, that will be accepted
as required experience for all endorsements for
applicants for a merchant mariner credential who
are veterans or members of the Uniformed Services;
and
(B) issue new regulations to--
(i) streamline, ensure the accuracy of, and
expedite the transfer, review and acceptance of
information pertaining to training and sea time
for applicants for a merchant mariner credential
who are veterans or members of the Uniformed
Services;
(ii) increase the acceptable percentages of
time equivalent to sea service for such applicants
pursuant to findings of the review and examination
conducted under subparagraph (A); and
(iii) reduce burdens and create a means of
alternative compliance to demonstrate instructor
competency for Standards of Training,
Certification and Watchkeeping for Seafarers
courses.
(2) Consultation.--In carrying out paragraph (2), the
Secretary shall consult with the National Merchant Marine
Personnel Advisory Committee and shall take into account the
present and future needs of the United States Merchant Marine
labor workforce.
(3) <<NOTE: Update.>> Report.--Not later than 180 days after
the date of enactment of this Act, the United States Committee
on the Marine Transportation System shall submit to the
Committees on Commerce, Science, and Transportation and Armed
Services of the Senate and the Committees on Transportation and
Infrastructure and Armed Services of the House of
Representatives, a report that contains an update on the
activities carried out to implement--
(A) the July 2020 report by the Committee on the
Marine Transportation System to the White House Office
of Trade and Manufacturing Policy on the implementation
of Executive Order 13860 (84 Fed. Reg. 8407; relating to
supporting the transition of active duty servicemembers
and military veterans into the Merchant Marine); and
(B) section 3511 of the National Defense
Authorization Act for Fiscal Year 2020 (46 U.S.C. 3702
note).
[[Page 136 STAT. 4141]]
(c) Assessment of Skillbridge for Employment as a Merchant
Mariner.--The Secretary, in collaboration with the Secretary of Defense,
shall assess the use of the SkillBridge program of the Department of
Defense as a means for transitioning active duty sea service personnel
to employment as merchant mariners.
SEC. 11515. <<NOTE: 46 USC 7302 note.>> DEFINITIONS.
In this subtitle:
(1) Credentialed mariner.--The term ``credentialed mariner''
means an individual with a merchant mariner credential.
(2) Merchant mariner credential.--The term ``merchant
mariner credential'' has the meaning given such term in section
7510(d) of title 46, United States Code.
(3) Uniformed services.--The term ``uniformed services'' has
the meaning given the term ``uniformed services'' in section
2101 of title 5, United States Code.
Subtitle C--Other Matters
SEC. 11516. NONOPERATING INDIVIDUAL.
Section 8313(b) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) <<NOTE: 46
USC 8701 note.>> is amended by striking ``the date that is 2 years
after the date of the enactment of this Act'' and inserting ``January 1,
2025''.
SEC. 11517. <<NOTE: Estimates. Time period.>> OCEANOGRAPHIC
RESEARCH VESSELS.
(a) Report Required.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation, in consultation
with the Secretary, shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report detailing
the total number of vessels known or estimated to operate or to have
operated under section 50503 of title 46, United States Code, during
each of the past 10 fiscal years.
(b) Contents.--The report required under subsection (a) shall
include the following elements:
(1) The total number of foreign-flagged vessels known or
estimated to operate or to have operated as oceanographic
research vessels (as such term is defined in section 2101 of
title 46, United States Code) during each of the past 10 fiscal
years.
(2) The total number of United States-flagged vessels known
or estimated to operate or to have operated as oceanographic
research vessels (as such term is defined section 2101 of title
46, United States Code) during each of the past 10 fiscal years.
SEC. 11518. <<NOTE: Deadlines.>> PORT ACCESS ROUTES BRIEFING.
(a) Atlantic Coast Port Access Route.--Not later than 30 days after
the date of enactment of this Act, and not less than every 30 days
thereafter until the requirements of section 70003 of title 46, United
States Code, are fully executed with respect to the Atlantic Coast Port
Access Route, the Secretary shall brief the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and
[[Page 136 STAT. 4142]]
Transportation of the Senate on any progress made to execute such
requirements.
(b) Other Coast Port Access Routes.--Not later than 180 days after
the date of enactment of this Act, and not less than every 180 days
thereafter until the requirements of section 70003 of title 46, United
States Code, are fully executed with respect to each of the Alaskan
Arctic, Gulf of Mexico and Pacific Coast port access route studies, the
Secretary shall brief the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate on the status of each study and the
implementation of any recommendations made in each such study.
SEC. 11519. DEFINITION OF STATELESS VESSEL.
Section 70502(d)(1) of title 46, United States Code, is amended--
(1) in subparagraph (B) by striking ``and'' after the
semicolon;
(2) in subparagraph (C) by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) a vessel aboard which no individual, on
request of an officer of the United States authorized to
enforce applicable provisions of United States law,
claims to be the master or is identified as the
individual in charge, and that has no other claim of
nationality or registry under paragraph (1) or (2) of
subsection (e).''.
SEC. 11520. LIMITATION ON RECOVERY FOR CERTAIN INJURIES INCURRED
IN AQUACULTURE ACTIVITIES.
(a) In General.--Section 30104 of title 46, United States Code, is
amended--
(1) by inserting ``(a) In General.--'' before the first
sentence; and
(2) by adding at the end the following:
``(b) Limitation on Recovery by Aquaculture Workers.--
``(1) In general.--For purposes of subsection (a), the term
`seaman' does not include an individual who--
``(A) is an aquaculture worker if State workers'
compensation is available to such individual; and
``(B) was, at the time of injury, engaged in
aquaculture in a place where such individual had lawful
access.
``(2) Aquaculture worker defined.--In this subsection, the
term `aquaculture worker' means an individual who--
``(A) is employed by a commercial enterprise that is
involved in the controlled cultivation and harvest of
aquatic plants and animals, including--
``(i) the cleaning, processing, or canning of
fish and fish products;
``(ii) the cultivation and harvesting of
shellfish; and
``(iii) the controlled growing and harvesting
of other aquatic species;
``(B) does not hold a license issued under section
7101(c); and
``(C) is not required to hold a merchant mariner
credential under part F of subtitle II.''.
[[Page 136 STAT. 4143]]
(b) <<NOTE: 46 USC 30104 note.>> Applicability.--The amendments
made by this section shall apply to an injury incurred on or after the
date of enactment of this Act.
SEC. 11521. <<NOTE: Assessments.>> REPORT ON SECURING VESSELS AND
CARGO.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall conduct
a study that assesses the efforts of the Coast Guard with respect to
securing vessels and maritime cargo bound for the United States from
national security related risks and threats.
(b) Elements.--In conducting the study under subsection (a), the
Comptroller General shall assess the following:
(1) Programs of the Coast Guard to secure vessels and
maritime cargo bound for the United States from national
security related risks and threats and the extent to which such
programs cover the critical components of the global supply
chain.
(2) The extent to which the Coast Guard has implemented
leading practices in such programs, including the extent to
which the Coast Guard has collaborated with foreign countries or
foreign ports that ship goods to the United States to implement
such leading practices.
(3) The extent to which the Coast Guard has assessed the
effectiveness of such programs.
(c) Report.--Upon completion of the study conducted under subsection
(a), the Comptroller General shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives the
results of the study conducted under this section.
SEC. 11522. REPORT ON ENFORCEMENT OF COASTWISE LAWS.
Not later than 1 year of the date of enactment of this Act, the
Commandant shall submit to Congress a report describing any changes to
the enforcement of chapters 121 and 551 of title 46, United States Code,
as a result of the amendments to section 4(a)(1) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1333(a)(1)) made by section 9503
of the William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283).
SEC. 11523. <<NOTE: Deadline.>> LAND CONVEYANCE, SHARPE ARMY
DEPOT, LATHROP, CALIFORNIA.
Not later than 1 year after the date of enactment of this Act, the
Administrator of the Maritime Administration shall complete the land
conveyance required under section 2833 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283).
SEC. 11524. <<NOTE: 46 USC 70022 note.>> PROHIBITION ON ENTRY AND
OPERATION.
(a) Prohibition.--
(1) In general.--Except as otherwise provided in this
section, during the period in which Executive Order 14065 (87
Fed. Reg. 10293, relating to blocking certain Russian property
or transactions), or any successor Executive Order is in effect,
no vessel described in subsection (b) may enter or operate in
the navigable waters of the United States or transfer cargo in
any port or place under the jurisdiction of the United States.
[[Page 136 STAT. 4144]]
(2) Limitations on application.--
(A) <<NOTE: Determination.>> In general.--The
prohibition under paragraph (1) shall not apply with
respect to a vessel described in subsection (b) if the
Secretary of State determines that--
(i) the vessel is owned or operated by a
Russian national or operated by the government of
the Russian Federation; and
(ii) it is in the national security interest
not to apply the prohibition to such vessel.
(B) <<NOTE: Deadline.>> Notice.--Not later than 15
days after making a determination under subparagraph
(A), the Secretary of State shall submit to the
Committee on Foreign Affairs and the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Foreign Relations
and the Committee on Commerce, Science, and
Transportation of the Senate written notice of the
determination and the basis upon which the determination
was made.
(C) <<NOTE: Notice. Federal Register,
publication.>> Publication.--The Secretary of State
shall publish a notice in the Federal Register of each
determination made under subparagraph (A).
(3) Savings clause.--The prohibition under paragraph (1)
shall not apply with respect to vessels engaged in passage
permitted under international law.
(b) Vessels Described.--A vessel referred to in subsection (a) is a
vessel owned or operated by a Russian national or operated by the
government of the Russian Federation.
(c) <<NOTE: Russia.>> Information and Publication.--The Secretary,
with the concurrence of the Secretary of State, shall--
(1) maintain timely information on the registrations of all
foreign vessels owned or operated by or on behalf of the
Government of the Russian Federation, a Russian national, or a
entity organized under the laws of the Russian Federation or any
jurisdiction within the Russian Federation; and
(2) <<NOTE: Federal Register, publication. List.>>
periodically publish in the Federal Register a list of the
vessels described in paragraph (1).
(d) <<NOTE: Deadlines.>> Notification of Governments.--
(1) In general.--The Secretary of State shall notify each
government, the agents or instrumentalities of which are
maintaining a registration of a foreign vessel that is included
on a list published under subsection (c)(2), not later than 30
days after such publication, that all vessels registered under
such government's authority are subject to subsection (a).
(2) Additional notification.--In the case of a government
that continues to maintain a registration for a vessel that is
included on such list after receiving an initial notification
under paragraph (1), the Secretary shall issue an additional
notification to such government not later than 120 days after
the publication of a list under subsection (c)(2).
(e) Notification of Vessels.--Upon receiving a notice of arrival
under section 70001(a)(5) of title 46, United States Code, from a vessel
described in subsection (b), the Secretary shall notify the master of
such vessel that the vessel may not enter or operate in the navigable
waters of the United States or transfer cargo in any port or place under
the jurisdiction of the United States, unless--
[[Page 136 STAT. 4145]]
(1) the Secretary of State has made a determination under
subsection (a)(2); or
(2) the Secretary allows provisional entry of the vessel, or
transfer of cargo from the vessel, under subsection (f).
(f) Provisional Entry or Cargo Transfer.--Notwithstanding any other
provision of this section, the Secretary may allow provisional entry of,
or transfer of cargo from, a vessel, if such entry or transfer is
necessary for the safety of the vessel or persons aboard.
SEC. 11525. FLOATING DRY DOCKS.
Section 55122(a) of title 46, United States Code, is amended--
(1) in paragraph (1)(C)--
(A) by striking ``2015; and'' and inserting ``2015;
or'';
(B) by striking ``(C) was'' and inserting the
following:
``(C)(i) was''; and
(C) by adding at the end the following:
``(ii) had a letter of intent for purchase by such
shipyard or affiliate signed prior to such date of
enactment; and''; and
(2) in paragraph (2) by inserting ``or, in the case of a dry
dock described in paragraph (1)(C)(ii), occurs between Honolulu,
Hawaii, and Pearl Harbor, Hawaii'' before the period at the end.
SEC. 11526. <<NOTE: Contracts.>> UPDATED REQUIREMENTS FOR FISHING
CREW AGREEMENTS.
Section 10601(b) of title 46, United States Code, is amended--
(1) in paragraph (2) by striking ``and'' after the
semicolon;
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following:
``(3) in the case of a seaman employed on a vessel that is a
catcher processor or fish processing vessel that employs more
than 25 crewmembers, include a requirement that each crewmember
shall be served not less than three meals a day that--
``(A) total not less than 3,100 calories; and
``(B) include adequate water and minerals in
accordance with the United States Recommended Daily
Allowances; and''.
TITLE CXVI--SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE
SEC. 11601. DEFINITIONS.
(a) In General.--Section 2101 of title 46, United States Code, is
amended--
(1) by redesignating paragraphs (45) through (54) as
paragraphs (47) through (56), respectively; and
(2) by inserting after paragraph (44) the following:
``(45) `sexual assault' means any form of abuse or contact
as defined in chapter 109A of title 18, or a substantially
similar offense under State, local, or Tribal law.
``(46) `sexual harassment' means--
[[Page 136 STAT. 4146]]
``(A) conduct that--
``(i) involves unwelcome sexual advances,
requests for sexual favors, or deliberate or
repeated offensive comments or gestures of a
sexual nature if any--
``(I) submission to such conduct is
made either explicitly or implicitly a
term or condition of employment, pay,
career, benefits, or entitlements of the
individual;
``(II) submission to, or rejection,
of such conduct by an individual is used
as a basis for decisions affecting that
individual's job, pay, career, benefits,
or entitlements;
``(III) such conduct has the purpose
or effect of unreasonably interfering
with an individual's work performance or
creates an intimidating, hostile, or
offensive work environment; or
``(IV) conduct may have been by an
individual's supervisor, a supervisor in
another area, a co-worker, or another
credentialed mariner; and
``(ii) is so severe or pervasive that a
reasonable person would perceive, and the victim
does perceive, the environment as hostile or
offensive;
``(B) any use or condonation associated with first-
hand or personal knowledge, by any individual in a
supervisory or command position, of any form of sexual
behavior to control, influence, or affect the career,
pay, benefits, entitlements, or employment of a
subordinate; and
``(C) any intentional or repeated unwelcome verbal
comment or gesture of a sexual nature towards or about
an individual by the individual's supervisor, a
supervisor in another area, a coworker, or another
credentialed mariner.''.
(b) Report.--The Commandant shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report describing any changes the Commandant may propose to the
definitions added by the amendments in subsection (a).
(c) Conforming Amendments.--
(1) Authority to exempt certain vessels.--Section 2113(3) of
title 46, United States Code, is amended by striking ``section
2101(51)(A)'' and inserting ``section 2101(53)(A)''.
(2) Uninspected passenger vessels.--Section 4105 of title
46, United States Code, is amended--
(A) in subsections (b)(1) and (c) by striking
``section 2101(51)'' each place it appears and inserting
``section 2101''; and
(B) in subsection (d) by striking ``section
2101(51)(A)'' and inserting ``section 2101(53)(A)''.
(3) General authority.--Section 1131(a)(1)(E) of title 49,
United States Code, is amended by striking ``section 2101(46)''
and inserting ``section 116''.
SEC. 11602. CONVICTED SEX OFFENDER AS GROUNDS FOR DENIAL.
(a) In General.--Chapter 75 of title 46, United States Code, is
amended by adding at the end the following:
[[Page 136 STAT. 4147]]
``Sec. 7511. <<NOTE: 46 USC 7511.>> Convicted sex offender as
grounds for denial
``(a) Sexual Abuse.--A license, certificate of registry, or merchant
mariner's document authorized to be issued under this part shall be
denied to an individual who has been convicted of a sexual offense
prohibited under--
``(1) chapter 109A of title 18, except for subsection (b) of
section 2244 of title 18; or
``(2) a substantially similar offense under State, local, or
Tribal law.
``(b) Abusive Sexual Contact.--A <<NOTE: Time period.>> license,
certificate of registry, or merchant mariner's document authorized to be
issued under this part may be denied to an individual who within 5 years
before applying for the license, certificate, or document, has been
convicted of a sexual offense prohibited under subsection (b) of section
2244 of title 18, or a substantially similar offense under State, local,
or Tribal law.''.
(b) Clerical Amendment.--The analysis for chapter 75 of title 46,
United States Code, <<NOTE: 46 USC prec. 7501.>> is amended by adding at
the end the following:
``7511. Convicted sex offender as grounds for denial.''.
SEC. 11603. SEXUAL HARASSMENT OR SEXUAL ASSAULT AS GROUNDS FOR
SUSPENSION OR REVOCATION.
(a) In General.--Chapter 77 of title 46, United States Code, is
amended by inserting after section 7704 the following:
``Sec. 7704a. <<NOTE: Time periods. 46 USC 7704a.>> Sexual
harassment or sexual assault as grounds for
suspension or revocation
``(a) Sexual Harassment.--If it is shown at a hearing under this
chapter that a holder of a license, certificate of registry, or merchant
mariner's document issued under this part, within 5 years before the
beginning of the suspension and revocation proceedings, is the subject
of an official finding of sexual harassment, then the license,
certificate of registry, or merchant mariner's document may be suspended
or revoked.
``(b) Sexual Assault.--If it is shown at a hearing under this
chapter that a holder of a license, certificate of registry, or merchant
mariner's document issued under this part, within 10 years before the
beginning of the suspension and revocation proceedings, is the subject
of an official finding of sexual assault, then the license, certificate
of registry, or merchant mariner's document shall be revoked.
``(c) Official Finding.--
``(1) <<NOTE: Definition.>> In general.--In this section,
the term `official finding' means--
``(A) a legal proceeding or agency finding or
decision that determines the individual committed sexual
harassment or sexual assault in violation of any
Federal, State, local, or Tribal law or regulation; or
``(B) a determination after an investigation by the
Coast Guard that, by a preponderance of the evidence,
the individual committed sexual harassment or sexual
assault if the investigation affords appropriate due
process rights to the subject of the investigation.
``(2) Administrative law judge review.--
``(A) Coast guard investigation.--A determination
under paragraph (1)(B) shall be reviewed and affirmed
[[Page 136 STAT. 4148]]
by an administrative law judge within the same
proceeding as any suspension or revocation of a license,
certificate of registry, or merchant mariner's document
under subsection (a) or (b).
``(B) Legal proceeding.--A determination under
paragraph (1)(A) that an individual committed sexual
harassment or sexual assault is conclusive in suspension
and revocation proceedings.''.
(b) Clerical Amendment.--The analysis for chapter 77 of title 46,
United States Code, is <<NOTE: 46 USC prec. 7701.>> amended by inserting
after the item relating to section 7704 the following:
``7704a. Sexual harassment or sexual assault as grounds for suspension
or revocation.''.
SEC. 11604. ACCOMMODATION; NOTICES.
Section 11101 of title 46, United States Code, is amended--
(1) in subsection (a)(3) by striking ``and'' at the end;
(2) in subsection (a)(4) by striking the period at the end
and inserting ``; and'';
(3) in subsection (a) by adding at the end the following:
``(5) each crew berthing area shall be equipped with
information regarding--
``(A) vessel owner or company policies prohibiting
sexual assault and sexual harassment, retaliation, and
drug and alcohol usage; and
``(B) procedures and resources to report crimes,
including sexual assault and sexual harassment,
including information--
``(i) on the telephone number, website
address, and email address for reporting
allegations of sexual assault and sexual
harassment to the Coast Guard;
``(ii) on vessel owner or company procedures
to report violations of company policy and access
resources;
``(iii) on resources provided by outside
organizations such as sexual assault hotlines and
counseling;
``(iv) on the retention period for
surveillance video recording after an incident of
sexual harassment or sexual assault is reported;
and
``(v) additional items specified in
regulations issued by, and at the discretion of,
the Secretary of the department in which the Coast
Guard is operating.''; and
(4) in subsection (d) by adding at the end the following:
``In each washing space in a visible location there shall be
information regarding procedures and resources to report crimes
upon the vessel, including sexual assault and sexual harassment,
and vessel owner or company policies prohibiting sexual assault
and sexual harassment, retaliation, and drug and alcohol
usage.''.
SEC. 11605. PROTECTION AGAINST DISCRIMINATION.
Section 2114(a) of title 46, United States Code, is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (B) through (G)
as subparagraphs (C) through (H), respectively; and
(B) by inserting after subparagraph (A) the
following:
``(B) the seaman in good faith has reported or is about to
report to the vessel owner, Coast Guard or other appropriate
[[Page 136 STAT. 4149]]
Federal agency or department sexual harassment or sexual assault
against the seaman or knowledge of sexual harassment or sexual
assault against another seaman;''; and
(2) in paragraphs (2) and (3) by striking ``paragraph
(1)(B)'' and inserting ``paragraph (1)(C)''.
SEC. <<NOTE: 46 USC 3306 note.>> 11606. ALCOHOL AT SEA.
(a) <<NOTE: Contracts. Deadline. Assessment. Determination.>> In
General.--The Commandant shall seek to enter into an agreement with the
National Academy of Sciences not later than 1 year after the date of
enactment of this Act under which the National Academy of Sciences shall
prepare an assessment to determine safe levels of alcohol consumption
and possession by crew members aboard vessels of the United States
engaged in commercial service, except when such possession is associated
with the commercial sale to individuals aboard the vessel who are not
crew members.
(b) Assessment.--The assessment prepared pursuant to subsection (a)
shall--
(1) take into account the safety and security of every
individual on the vessel;
(2) take into account reported incidences of sexual
harassment or sexual assault, as defined in section 2101 of
title 46, United States Code; and
(3) <<NOTE: Recommenda- tions.>> provide any appropriate
recommendations for any changes to laws, regulations, or
employer policies.
(c) Submission.--Upon completion of the assessment under this
section, the National Academy of Sciences shall submit to the Committee
on Commerce, Science, and Transportation of the Senate, the Committee on
Transportation and Infrastructure of the House of Representatives, the
Commandant, and the Secretary the assessment prepared pursuant to
subsection (a).
(d) Regulations.--The Commandant--
(1) <<NOTE: Deadline. Review.>> shall, not later than 180
days after receiving the submission of the assessment under
subsection (c), review the changes to regulations recommended in
such assessment; and
(2) taking into account the safety and security of every
individual on vessels of the United States engaged in commercial
service, may issue regulations relating to alcohol consumption
on such vessels.
(e) Savings Clause.--To the extent the Commandant issues regulations
establishing safe levels of alcohol consumption in accordance with
subsection (d), the Commandant may not issue regulations which
prohibit--
(1) the owner or operator of a vessel from imposing
additional restrictions on the consumption of alcohol, including
the prohibition of the consumption of alcohol on such vessels;
and
(2) possession of alcohol associated with the commercial
sale to individuals aboard the vessel who are not crew members.
(f) Report Required.--If, by the date that is 2 years after the
receipt of the assessment under subsection (c), the Commandant does not
issue regulations under subsection (d), the Commandant shall provide a
report by such date to the committees described in subsection (c)--
(1) containing the rationale for not issuing such
regulations; and
(2) <<NOTE: Recommenda- tions.>> providing other
recommendations as necessary to ensure safety at sea.
[[Page 136 STAT. 4150]]
SEC. 11607. SURVEILLANCE REQUIREMENTS.
(a) In General.--Part B of subtitle II of title 46, United States
Code, is amended by adding at the end the following:
``CHAPTER 49-- <<NOTE: 46 USC prec. 4901.>> OCEANGOING NON-PASSENGER
COMMERCIAL VESSELS
``Sec.
``4901. Surveillance requirements.
``Sec. 4901. <<NOTE: Applicability. 46 USC 4901.>> Surveillance
requirements
``(a) In General.--A vessel engaged in commercial service that does
not carry passengers, shall maintain a video surveillance system.
``(b) Applicability.--The requirements in this section shall apply
to--
``(1) documented vessels with overnight accommodations for
at least 10 individuals on board that are--
``(A) on a voyage of at least 600 miles and crosses
seaward of the Boundary Line; or
``(B) at least 24 meters (79 feet) in overall length
and required to have a load line under chapter 51;
``(2) documented vessels of at least 500 gross tons as
measured under section 14502, or an alternate tonnage measured
under section 14302 as prescribed by the Secretary under section
14104 on an international voyage; and
``(3) vessels with overnight accommodations for at least 10
individuals on board that are operating for no less than 72
hours on waters superjacent to the outer Continental Shelf (as
defined in section 2(a) of the Outer Continental Shelf Lands Act
(43 U.S.C. 1331(a)).
``(c) Placement of Video and Audio Surveillance Equipment.--
``(1) <<NOTE: Deadline.>> In general.--The owner of a
vessel to which this section applies shall install video and
audio surveillance equipment aboard the vessel not later than 2
years after enactment of the Don Young Coast Guard Authorization
Act of 2022, or during the next scheduled drydock, whichever is
later.
``(2) Locations.--Video and audio surveillance equipment
shall be placed in passageways on to which doors from staterooms
open. Such equipment shall be placed in a manner ensuring the
visibility of every door in each such passageway.
``(d) Notice of Video and Audio Surveillance.--The owner of a vessel
to which this section applies shall provide clear and conspicuous signs
on board the vessel notifying the crew of the presence of video and
audio surveillance equipment.
``(e) <<NOTE: Records.>> Access to Video and Audio Records.--The
owner of a vessel to which this section applies shall ensure that access
to records of video and audio surveillance is not used as part of a
labor action against a crew member or employment dispute unless used in
a criminal or civil action.
``(f) <<NOTE: Applicability. Records. Time periods.>> Retention
Requirements.--The owner of a vessel to which this section applies shall
retain all records of audio and video surveillance for not less than 1
year after the footage is obtained. Any video and audio surveillance
found to be associated with an alleged incident should be preserved for
not less than 5 years from the date of the alleged incident.
[[Page 136 STAT. 4151]]
``(g) Personnel Training.--A vessel owner or employer of a seafarer
shall provide training for all individuals employed by the owner or
employer for the purpose of responding to incidents of sexual assault or
sexual harassment, including--
``(1) such training to ensure the individuals--
``(A) retain audio and visual records and other
evidence objectively; and
``(B) act impartially without influence from the
company or others; and
``(2) training on applicable Federal, State, Tribal, and
local laws and regulations regarding sexual assault and sexual
harassment investigations and reporting requirements.
``(g) Definition of Owner.--In this section, the term `owner' means
the owner, charterer, managing operator, master, or other individual in
charge of a vessel.
``(h) Exemption.--Fishing vessels, fish processing vessels, and fish
tender vessels are exempt from this section.''.
(b) Clerical Amendment.--The table of chapters for subtitle II of
title 46, United States Code, <<NOTE: 46 USC prec. 2101.>> is amended by
adding after the item related to chapter 47 the following:
``49. Oceangoing Non-Passenger Commercial Vessels................4901''.
SEC. 11608. MASTER KEY CONTROL.
(a) In General.--Chapter 31 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 3106. <<NOTE: 46 USC 3106.>> Master key control system
``(a) In General.--The owner of a vessel subject to inspection under
section 3301 shall--
``(1) ensure that such vessel is equipped with a vessel
master key control system, manual or electronic, which provides
controlled access to all copies of the vessel's master key of
which access shall only be available to the individuals
described in paragraph (2);
``(2) <<NOTE: List.>> establish a list of all crew,
identified by position, allowed to access and use the master key
and maintain such list upon the vessel, within owner records and
included in the vessel safety management system;
``(3) <<NOTE: Records.>> record in a log book information on
all access and use of the vessel's master key, including--
``(A) dates and times of access;
``(B) the room or location accessed; and
``(C) the name and rank of the crew member that used
the master key; and
``(4) make the list under paragraph (2) and the log book
under paragraph (3) available upon request to any agent of the
Federal Bureau of Investigation, any member of the Coast Guard,
and any law enforcement officer performing official duties in
the course and scope of an investigation.
``(b) <<NOTE: Notification.>> Prohibited Use.--Crew not included on
the list described in subsection (a)(2) shall not have access to or use
the master key unless in an emergency and shall immediately notify the
master and owner of the vessel following use of such key.
``(c) Requirements for Log Book.--The log book described in
subsection (a)(3) and required to be included in a safety management
system under section 3203(a)(6)--
``(1) may be electronic; and
[[Page 136 STAT. 4152]]
``(2) shall be located in a centralized location that is
readily accessible to law enforcement personnel.
``(d) Penalty.--Any crew member who uses the master key without
having been granted access pursuant to subsection (a)(2) shall be liable
to the United States Government for a civil penalty of not more than
$1,000 and may be subject to suspension or revocation under section
7703.
``(e) Exemption.--This section shall not apply to vessels subject to
section 3507(f).''.
(b) Clerical Amendment.--The analysis for chapter 31 of title 46,
United States Code, is <<NOTE: 46 USC prec. 3101.>> amended by adding at
the end the following:
``3106. Master key control system.''.
SEC. 11609. REQUIREMENT TO REPORT SEXUAL ASSAULT AND HARASSMENT.
Section 10104 of title 46, United States Code, is amended by
striking subsections (a) and (b) and inserting the following:
``(a) Mandatory Reporting by Responsible Entity of a Vessel.--
``(1) In general.--The responsible entity of a vessel shall
report to the Commandant any complaint or incident of
harassment, sexual harassment, or sexual assault in violation of
employer policy or law, of which such entity is made aware.
``(2) Penalty.--A responsible entity of a vessel who
knowingly fails to report in compliance with paragraph (1) is
liable to the United States Government for a civil penalty of
not more than $50,000.
``(b) Reporting Procedures.--
``(1) Responsible entity of a vessel reporting.--A report
required under subsection (a) shall be made immediately after
the responsible entity of a vessel gains knowledge of a sexual
assault or sexual harassment incident by the fastest
telecommunication channel available to--
``(A) a single entity in the Coast Guard designated
by the Commandant to receive such reports; and
``(B) the appropriate officer or agency of the
government of the country in whose waters the incident
occurs.
``(2) Contents.--Such shall include, to the best of the
knowledge of the individual making the report--
``(A) the name, official position or role in
relation to the vessel, and contact information of such
individual;
``(B) the name and official number of the documented
vessel;
``(C) the time and date of the incident;
``(D) the geographic position or location of the
vessel when the incident occurred; and
``(E) a brief description of the alleged sexual
harassment or sexual assault being reported.
``(3) Receiving reports; collection of information.--
``(A) <<NOTE: Procedures.>> Receiving reports.--With
respect to reports submitted under subsection (a), the
Commandant--
``(i) may establish additional reporting
procedures, including procedures for receiving
reports through--
``(I) a single telephone number that
is continuously manned at all times; and
[[Page 136 STAT. 4153]]
``(II) a single email address that
is continuously monitored; and
``(ii) shall use procedures that include
preserving evidence in such reports and providing
emergency service referrals.
``(B) Collection of information.--After receipt of
the report made under subsection (a), the Coast Guard
shall collect information related to the identity of
each alleged victim, alleged perpetrator, and any
witnesses identified in the report through means
designed to protect, to the extent practicable, the
personal identifiable information of such individuals.
``(c) Subpoena Authority.--
``(1) <<NOTE: Determination.>> In general.--The Commandant
may compel the testimony of witnesses and the production of any
evidence by subpoena to determine compliance with this section.
``(2) Jurisdictional limits.--The jurisdictional limits of a
subpoena issued under this section are the same as, and are
enforceable in the same manner as, subpoenas issued under
chapter 63 of this title.
``(d) Company After-action Summary.--
``(1) A responsible entity of a vessel that makes a report
under subsection (a) shall--
``(A) submit to the Commandant a document with
detailed information to describe the actions taken by
such entity after becoming aware of the sexual assault
or sexual harassment incident, including the results of
any investigation into the complaint or incident and any
action taken against the offending individual; and
``(B) <<NOTE: Deadline.>> make such submission not
later than 10 days after such entity made the report
under subsection (a).
``(2) Civil penalty.--A responsible entity of a vessel that
fails to comply with paragraph (1) is liable to the United
States Government for a civil penalty of $25,000 and $500 shall
be added for each day of noncompliance, except that the total
amount of a penalty with respect to a complaint or incident
shall not exceed $50,000 per violation.
``(e) Investigatory Audit.--The Commandant shall periodically
perform an audit or other systematic review of the submissions made
under this section to determine if there were any failures to comply
with the requirements of this section.
``(f) Applicability; Regulations.--
``(1) Regulations.-- The Secretary may issue regulations to
implement the requirements of this section.
``(2) Interim reports.--Any report required to be made to
the Commandant under this section shall be made to the Coast
Guard National Command Center, until regulations implementing
the procedures required by this section are issued.
``(g) Definition of Responsible Entity of a Vessel.--In this
section, the term `responsible entity of a vessel' means--
``(1) the owner, master, or managing operator of a
documented vessel engaged in commercial service; or
``(2) the employer of a seafarer on such a vessel.''.
[[Page 136 STAT. 4154]]
SEC. 11610. SAFETY MANAGEMENT SYSTEM.
(a) Safety Management System.--Section 3203 of title 46, United
States Code, is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (5) and (6) as
paragraphs (7) and (8); and
(B) by inserting after paragraph (4) the following:
``(5) with respect to sexual harassment and sexual assault,
procedures for, and annual training requirements for all
responsible persons and vessels to which this chapter applies
on--
``(A) prevention;
``(B) bystander intervention;
``(C) reporting;
``(D) response; and
``(E) investigation;
``(6) the list required under section 3106(a)(2) and the log
book required under section 3106(a)(3);'';
(2) by redesignating subsections (b) and (c) as subsections
(d) and (e), respectively; and
(3) by inserting after subsection (a) the following:
``(b) Procedures and Training Requirements.--In prescribing
regulations for the procedures and training requirements described in
subsection (a)(5), such procedures and requirements shall be consistent
with the requirements to report sexual harassment or sexual assault
under section 10104.
``(c) Audits.--
``(1) Certificates.--
``(A) <<NOTE: Time period.>> Suspension.--During an
audit of a safety management system of a vessel required
under section 10104(e), the Secretary may suspend the
Safety Management Certificate issued for the vessel
under section 3205 and issue a separate Safety
Management Certificate for the vessel to be in effect
for a 3-month period beginning on the date of the
issuance of such separate certificate.
``(B) <<NOTE: Determination.>> Revocation.--At the
conclusion of an audit of a safety management system
required under section 10104(e), the Secretary shall
revoke the Safety Management Certificate issued for the
vessel under section 3205 if the Secretary determines--
``(i) that the holder of the Safety Management
Certificate knowingly, or repeatedly, failed to
comply with section 10104; or
``(ii) other failure of the safety management
system resulted in the failure to comply with such
section.
``(2) Documents of compliance.--
``(A) In general.--Following an audit of the safety
management system of a vessel required under section
10104(e), the Secretary may audit the safety management
system of the responsible person for the vessel.
``(B) <<NOTE: Time period.>> Suspension.--During an
audit under subparagraph (A), the Secretary may suspend
the Document of Compliance issued to the responsible
person under section 3205 and issue a separate Document
of Compliance to such person to be in effect for a 3-
month period beginning on the date of the issuance of
such separate document.
[[Page 136 STAT. 4155]]
``(C) <<NOTE: Determination.>> Revocation.--At the
conclusion of an assessment or an audit of a safety
management system under subparagraph (A), the Secretary
shall revoke the Document of Compliance issued to the
responsible person if the Secretary determines--
``(i) that the holder of the Document of
Compliance knowingly, or repeatedly, failed to
comply with section 10104; or
``(ii) that other failure of the safety
management system resulted in the failure to
comply with such section.''.
(b) Verification of Compliance.--Section 3205(c)(1) of title 46,
United States Code, is amended by inserting ``, or upon discovery from
other sources of information acquired by the Coast Guard, including a
discovery made during an audit or systematic review conducted under
section 10104(e) of a failure of a responsible person or vessel to
comply with a requirement of a safety management system for which a
Safety Management Certificate and a Document of compliance has been
issued under this section, including a failure to comply with
regulations prescribed under section 3203(a)(7) and (8),'' after
``periodically''.
SEC. 11611. REPORTS TO CONGRESS.
(a) In General.--Chapter 101 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 10105. <<NOTE: 46 USC 10105.>> Reports to Congress
``(a) In General.--Not later than 1 year after the date of enactment
of the Don Young Coast Guard Authorization Act of 2022, and on an annual
basis thereafter, the Commandant shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report that includes--
``(1) the number of reports received under section 10104;
``(2) the number of penalties issued under such section;
``(3) the number of open investigations under such section,
completed investigations under such section, and the outcomes of
such open or completed investigations;
``(4) the number of assessments or audits conducted under
section 3203 and the outcome of those assessments or audits;
``(5) <<NOTE: Analysis.>> a statistical analysis of
compliance with the safety management system criteria under
section 3203;
``(6) the number of credentials denied or revoked due to
sexual harassment, sexual assault, or related offenses; and
``(7) <<NOTE: Recommenda- tions.>> recommendations to
support efforts of the Coast Guard to improve investigations and
oversight of sexual harassment and sexual assault in the
maritime sector, including funding requirements and legislative
change proposals necessary to ensure compliance with title CXVI
of the Don Young Coast Guard Authorization Act of 2022 and the
amendments made by such title.
``(b) Privacy.--In collecting the information required under
subsection (a), the Commandant shall collect such information in a
manner that protects the privacy rights of individuals who are subjects
of such information.''.
[[Page 136 STAT. 4156]]
(b) Clerical Amendment.--The analysis for chapter 101 of title 46,
United States Code, <<NOTE: 46 USC prec. 10101.>> is amended by adding
at the end the following:
``10105. Reports to Congress.''.
TITLE CXVII--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Subtitle A--National Oceanic and Atmospheric Administration Commissioned
Officer Corps
SEC. 11701. DEFINITIONS.
Section 212(b) of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (33 U.S.C.
3002(b)) is amended by adding at the end the following:
``(8) Under secretary.--The term `Under Secretary' means the
Under Secretary of Commerce for Oceans and Atmosphere.''.
SEC. 11702. REQUIREMENT FOR APPOINTMENTS.
Section 221(c) of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (33 U.S.C.
3021(c)) is amended by striking ``may not be given'' and inserting the
following: ``may--
``(1) be given only to an individual who is a citizen of the
United States; and
``(2) not be given.''.
SEC. 11703. REPEAL OF REQUIREMENT TO PROMOTE ENSIGNS AFTER 3 YEARS
OF SERVICE.
(a) In General.--Section 223 of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3023)
is amended to read as follows:
``SEC. 223. SEPARATION OF ENSIGNS FOUND NOT FULLY QUALIFIED.
``If an officer in the permanent grade of ensign is at any time
found not fully qualified, the officer's commission shall be revoked and
the officer shall be separated from the commissioned service.''.
(b) Clerical Amendment.--The table of contents in section 1 of the
Act entitled ``An Act to reauthorize the Hydrographic Services
Improvement Act of 1998, and for other purposes'' (Public Law 107-372)
is amended by striking the item relating to section 223 and inserting
the following:
``Sec. 223. Separation of ensigns found not fully qualified.''.
SEC. 11704. AUTHORITY TO PROVIDE AWARDS AND DECORATIONS.
(a) In General.--Subtitle A of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3001 et
seq.) is amended by adding at the end the following:
``SEC. 220. <<NOTE: 33 USC 3010.>> AWARDS AND DECORATIONS.
``The Under Secretary may provide ribbons, medals, badges, trophies,
and similar devices to members of the commissioned officer
[[Page 136 STAT. 4157]]
corps of the Administration and to members of other uniformed services
for service and achievement in support of the missions of the
Administration.''.
(b) Clerical Amendment.--The table of contents in section 1 of the
Act entitled ``An Act to reauthorize the Hydrographic Services
Improvement Act of 1998, and for other purposes'' (Public Law 107-372)
is amended by inserting after the item relating to section 219 the
following:
``Sec. 220. Awards and decorations.''.
SEC. 11705. RETIREMENT AND SEPARATION.
(a) Involuntary Retirement or Separation.--Section 241(a)(1) of the
National Oceanic and Atmospheric Administration Commissioned Officer
Corps Act of 2002 (33 U.S.C. 3041(a)(1)) is amended to read as follows:
``(1) an officer in the permanent grade of captain or
commander may--
``(A) except as provided by subparagraph (B), be
transferred to the retired list; or
``(B) if the officer is not qualified for
retirement, be separated from service; and''.
(b) Retirement for Age.--Section 243(a) of that Act (33 U.S.C.
3043(a)) is amended by striking ``be retired'' and inserting ``be
retired or separated (as specified in section 1251(e) of title 10,
United States Code)''.
(c) Retirement or Separation Based on Years of Creditable Service.--
Section 261(a) of that Act (33 U.S.C. 3071(a)) is amended--
(1) by redesignating paragraphs (17) through (26) as
paragraphs (18) through (27), respectively; and
(2) by inserting after paragraph (16) the following:
``(17) Section 1251(e), relating to retirement or separation
based on years of creditable service.''.
SEC. 11706. IMPROVING PROFESSIONAL MARINER STAFFING.
(a) In General.--Subtitle E of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3071 et
seq.) is amended by adding at the end the following:
``SEC. 269B. <<NOTE: 33 USC 3079b.>> SHORE LEAVE FOR PROFESSIONAL
MARINERS.
``(a) <<NOTE: Regulations.>> In General.--The Under Secretary may
prescribe regulations relating to shore leave for professional mariners
without regard to the requirements of section 6305 of title 5, United
States Code.
``(b) Requirements.--The regulations prescribed under subsection (a)
shall--
``(1) require that a professional mariner serving aboard an
ocean-going vessel be granted a leave of absence of 4 days per
pay period; and
``(2) provide that a professional mariner serving in a
temporary promotion position aboard a vessel may be paid the
difference between such mariner's temporary and permanent rates
of pay for leave accrued while serving in the temporary
promotion position.
``(c) Professional Mariner Defined.--In this section, the term
`professional mariner' means an individual employed on a vessel of the
Administration who has the necessary expertise to serve
[[Page 136 STAT. 4158]]
in the engineering, deck, steward, electronic technician, or survey
department.''.
(b) Clerical Amendment.--The table of contents in section 1 of the
Act entitled ``An Act to reauthorize the Hydrographic Services
Improvement Act of 1998, and for other purposes'' (Public Law 107-372)
is amended by inserting after the item relating to section 269A the
following:
``Sec. 269B. Shore leave for professional mariners.''.
SEC. 11707. LEGAL ASSISTANCE.
Section 1044(a)(3) of title 10, United States Code, is amended by
inserting ``or the commissioned officer corps of the National Oceanic
and Atmospheric Administration'' after ``Public Health Service''.
SEC. 11708. <<NOTE: Contracts. 33 USC note prec.
851.>> ACQUISITION OF AIRCRAFT FOR
AGENCY AIR, ATMOSPHERE, AND WEATHER
RECONNAISSANCE AND RESEARCH MISSION.
(a) Increased Fleet Capacity.--
(1) In general.--The Under Secretary of Commerce for Oceans
and Atmosphere shall acquire adequate aircraft platforms with
the necessary observation and modification requirements--
(A) to meet agency-wide air reconnaissance and
research mission requirements, particularly with respect
to hurricanes and tropical cyclones, and also for
atmospheric chemistry, climate, air quality for public
health, full-season fire weather research and
operations, full-season atmospheric river air
reconnaissance observations, and other mission areas;
and
(B) to ensure data and information collected by the
aircraft are made available to all users for research
and operations purposes.
(2) Contracts.--In carrying out paragraph (1), the Under
Secretary shall negotiate and enter into 1 or more contracts or
other agreements, to the extent practicable and necessary, with
1 or more governmental or nongovernmental entities.
(b) Acquisition of Aircraft To Replace WP-3D Aircraft.--Subject to
the availability of appropriations, the Under Secretary may enter into a
contract for the acquisition of up to 6 aircraft to replace the WP-3D
aircraft that provides for--
(1) the first newly acquired aircraft to be fully
operational before the retirement of the last WP-3D aircraft
operated by the National Oceanic and Atmospheric Administration;
and
(2) <<NOTE: Deadline.>> the second newly acquired aircraft
to be fully operational not later than 1 year after the first
such aircraft is required to be fully operational under
subparagraph (A).
(c) Acquisition of Aircraft to Replace End of Life-cycle Aircraft.--
Subject to the availability of appropriations, the Under Secretary shall
maintain the ability of the National Oceanic and Atmospheric
Administration to meet agency air reconnaissance and research mission
requirements by acquiring new aircraft prior to the end of the service
life of the aircraft being replaced with sufficient lead time that the
replacement aircraft is fully operation prior to the retirement of the
aircraft it is replacing.
[[Page 136 STAT. 4159]]
(d) Authorization of Appropriations.--For fiscal year 2023, there is
authorized to be appropriated to the Under Secretary $800,000,000 for
the acquisition of aircraft under this section.
SEC. 11709. REPORT ON PROFESSIONAL MARINER STAFFING MODELS.
(a) In General.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure and
the Committee on Natural Resources of the House of Representatives a
report on staffing issues relating to professional mariners within the
Office of Marine and Aviation Operations of the National Oceanic and
Atmospheric Administration.
(b) Elements.--In conducting the report required under subsection
(a), the Comptroller General shall consider--
(1) the challenges the Office of Marine and Aviation
Operations faces in recruiting and retaining qualified
professional mariners;
(2) workforce planning efforts to address such challenges;
and
(3) other models or approaches that exist, or are under
consideration, to provide incentives for the retention of
qualified professional mariners.
(c) Professional Mariner Defined.--In this section, the term
``professional mariner'' means an individual employed on a vessel of the
National Oceanic and Atmospheric Administration who has the necessary
expertise to serve in the engineering, deck, steward, or survey
department.
Subtitle B--Other Matters
SEC. 11710. CONVEYANCE OF CERTAIN PROPERTY OF NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION IN JUNEAU,
ALASKA.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means the City and Borough of
Juneau, Alaska.
(2) Master plan.--The term ``Master Plan'' means the Juneau
Small Cruise Ship Infrastructure Master Plan released by the
Docks and Harbors Board and Port of Juneau for the City and
dated March 2021.
(3) Property.--The term ``Property'' means the parcel of
real property consisting of approximately 2.4 acres, including
tidelands, owned by the United States and under administrative
custody and control of the National Oceanic and Atmospheric
Administration and located at 250 Egan Drive, Juneau, Alaska,
including any improvements thereon that are not authorized or
required by another provision of law to be conveyed to a
specific individual or entity.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the Under Secretary of Commerce for
Oceans and Atmosphere and the Administrator of the National
Oceanic and Atmospheric Administration.
(b) Conveyance Authorized.--
[[Page 136 STAT. 4160]]
(1) In general.--The Secretary may convey, at fair market
value, all right, title, and interest of the United States in
and to the Property, subject to the restrictions in subsections
(b)(2) and (c) and the requirements of this section.
(2) <<NOTE: Notification. Time period.>> Restriction.--The
Secretary may not take action under this section until the
Commandant notifies the Secretary in writing that the Coast
Guard does not have an interest in acquiring the property, or a
period of 180 calendar days expires following the date of
enactment of this section.
(3) Notification expiration.--If, the Secretary has not
received notification under paragraph (2) at the end of the 180
calendar day period, the Secretary and the Commandant shall
notify the Committee on Transportation and Infrastructure and
the Committee on Appropriations of the House of Representatives
and the Committee on Commerce, Science, and Transportation and
the Committee on Appropriations of the Senate in writing that no
notification has been received.
(4) Termination of authority.--The authority provided under
paragraph (1) shall terminate on the date that is 3 years after
the date of the enactment of this Act.
(c) Transfer of Property to Coast Guard.--
(1) <<NOTE: Deadline. Notification.>> In general.--If not
later than 180 calendar days after the date of enactment of this
Act the Commandant notifies the Secretary that the Coast Guard
has an interest in the Property, the Secretary shall transfer
the Property to the Coast Guard.
(2) Transfer.--Any transfer performed pursuant to this
subsection shall--
(A) <<NOTE: Deadline.>> occur not later than 1 year
of any written notification required under paragraph
(1);
(B) include within the transfer from the Department
of Commerce to the Coast Guard all legal obligations
attached to ownership or administrative control of the
Property, interest therein, or improvements thereto,
including environmental compliance and restoration
liabilities and historical preservation liabilities and
responsibilities;
(C) be at no cost to the Department of Commerce, to
include all land survey costs;
(D) not affect or limit any remaining real property
interests held by the Department of Commerce on any real
property subject to such transfer; and
(E) <<NOTE: Memorandum.>> be accompanied by a
memorandum of agreement between the Coast Guard and the
Department of Commerce to require the Commandant to
allow--
(i) future access to, and use of, the
Property, including use of available pier space,
to accommodate the reasonable expectations of the
Secretary for future operational and logistical
needs in southeast Alaska; and
(ii) <<NOTE: Determination.>> continued
access to, and use of, existing facilities on the
Property, including a warehouse and machine shop,
unless the Commandant determines that the Property
on which the facilities are located is needed to
support polar operations, at which time the Coast
Guard shall provide the Department of Commerce
access to and use of comparable space in
reasonable proximity to the existing facilities.
[[Page 136 STAT. 4161]]
(d) Right of First Refusal.--If the Coast Guard does not transfer
the Property under subsection (c), the City shall have the right of
first refusal with respect to the purchase, at fair market value, of the
Property.
(e) <<NOTE: Determination.>> Survey.--The exact acreage and legal
description of the Property shall be determined by a survey satisfactory
to the Secretary.
(f) Condition; Quitclaim Deed.--If the Property is conveyed under
subsection (b)(1), the Property shall be conveyed--
(1) in an ``as is, where is'' condition; and
(2) via a quitclaim deed.
(g) Fair Market Value.--
(1) In general.--The fair market value of the Property shall
be--
(A) <<NOTE: Determination. Appraisal.>> determined
by an appraisal that--
(i) is conducted by an independent appraiser
selected by the Secretary; and
(ii) meets the requirements of paragraph (2);
and
(B) adjusted, at the Secretary's discretion, based
on the factors described in paragraph (3).
(2) Appraisal requirements.--An appraisal conducted under
paragraph (1)(A) shall be conducted in accordance with
nationally recognized appraisal standards, including the Uniform
Standards of Professional Appraisal Practice.
(3) Factors.--The factors described in this paragraph are--
(A) matters of equity and fairness;
(B) actions taken by the City regarding the
Property, if the City exercises the right of first
refusal under subsection (d), including--
(i) comprehensive waterfront planning, site
development, and other redevelopment activities
supported by the City in proximity to the Property
in furtherance of the Master Plan;
(ii) in-kind contributions made to facilitate
and support use of the Property by governmental
agencies; and
(iii) any maintenance expenses, capital
improvement, or emergency expenditures made
necessary to ensure public safety and access to
and from the Property; and
(C) such other factors as the Secretary considers
appropriate.
(h) Costs of Conveyance.--If the City exercises the right of first
refusal under subsection (d), all reasonable and necessary costs,
including real estate transaction and environmental documentation costs,
associated with the conveyance of the Property to the City under this
section may be shared equitably by the Secretary and the City, as
determined by the Secretary, including with the City providing in-kind
contributions for any or all of such costs.
(i) Proceeds.--Any proceeds from a conveyance of the Property under
subsection (b)(1) shall--
(1) be credited as discretionary offsetting collections to
the applicable appropriations accounts or funds of the National
Oceanic and Atmospheric Administration that exists as of the
date of enactment of this Act; and
[[Page 136 STAT. 4162]]
(2) be used to cover costs associated with the conveyance of
the Property, related relocation efforts, and other facility and
infrastructure projects in Alaska and shall be made available
for such purposes only to the extent and in the amounts provided
in advance in appropriations Acts.
(j) Memorandum of Agreement.--If the City exercises the right of
first refusal under subsection (d), before finalizing a conveyance to
the City under this section, the Secretary and the City shall enter into
a memorandum of agreement to establish the terms under which the
Secretary shall have future access to, and use of, the Property to
accommodate the reasonable expectations of the Secretary for future
operational and logistical needs in southeast Alaska.
(k) Reservation or Easement for Access and Use.--The conveyance
authorized under subsection (b)(1) shall be subject to a reservation
providing, or an easement granting, the Secretary, at no cost to the
United States, a right to access and use the Property that--
(1) is compatible with the Master Plan; and
(2) authorizes future operational access and use by other
Federal, State, and local government agencies that have
customarily used the Property.
(l) <<NOTE: Applicability.>> Liability.--In the event that the
Property is conveyed to the City of Juneau the following shall apply:
(1) After conveyance.--An individual or entity to which a
conveyance is made under this section shall hold the United
States harmless from any liability with respect to activities
carried out on or after the date and time of the conveyance of
the Property.
(2) Before conveyance.--The United States shall remain
responsible for any liability the United States incurred with
respect to activities carried out by the United States on the
Property before the date and time of the conveyance of the
Property.
(m) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with a conveyance under
this section as the Secretary considers appropriate and reasonable to
protect the interests of the United States.
(n) Environmental Compliance.--Nothing in this section shall be
construed to affect or limit the application of or obligation to comply
with any applicable environmental law, including--
(1) the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.); or
(2) section 120(h) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9620(h)).
(o) Conveyance Not a Major Federal Action.--A conveyance under this
section shall not be considered a major Federal action for purposes of
section 102(2) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)).
[[Page 136 STAT. 4163]]
TITLE CXVIII--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS
SEC. 11801. TERMS AND VACANCIES.
(a) In General.--Section 46101(b) of title 46, United States Code,
is amended by--
(1) in paragraph (2)--
(A) by striking ``one year'' and inserting ``2
years''; and
(B) by striking ``2 terms'' and inserting ``3
terms''; and
(2) in paragraph (3)--
(A) by striking ``of the individual being
succeeded'' and inserting ``to which such individual is
appointed'';
(B) by striking ``2 terms'' and inserting ``3
terms''; and
(C) by striking ``the predecessor of that'' and
inserting ``such''.
(b) <<NOTE: 46 USC 46101 note.>> Applicability.--The amendments made
by this section shall not apply to Commissioners to whom section 403(b)
of the Howard Coble Coast Guard and Maritime Transportation Act of 2014
(Public Law 113-281) applies.
SEC. 11802. PASSENGER VESSEL SECURITY AND SAFETY REQUIREMENTS.
Section 3507(k)(1) of title 46, United States Code, is amended--
(1) in subparagraph (A) by striking ``at least 250'' and
inserting ``250 or more''; and
(2) by striking subparagraph (B) and inserting the
following:
``(B) has overnight accommodations for 250 or more
passengers; and''.
SEC. 11803. TECHNICAL CORRECTIONS.
(a) Section 319(b) of title 14, United States Code, is amended by
striking ``section 331 of the FAA Modernization and Reform Act of 2012
(49 U.S.C. 40101 note)'' and inserting ``section 44801 of title 49''.
(b) Section 1156(c) of title 14, United States Code, is amended by
striking ``section 331 of the FAA Modernization and Reform Act of 2012
(49 U.S.C. 40101 note)'' and inserting ``section 44801 of title 49''.
SEC. 11804. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL
TECHNICAL AMENDMENTS.
(a) In General.--Section 70105 of title 46, United States Code, is
amended--
(1) in the section heading by striking ``security cards''
and inserting ``worker identification credentials'';
(2) by striking ``transportation security card'' each place
it appears and inserting ``transportation worker identification
credential'';
(3) by striking ``transportation security cards'' each place
it appears and inserting ``transportation worker identification
credentials'';
(4) by striking ``card'' each place it appears and inserting
``credential'';
[[Page 136 STAT. 4164]]
(5) in the heading for subsection (b) by striking ``Cards''
and inserting ``Credentials'';
(6) in subsection (g) by striking ``Assistant Secretary of
Homeland Security for'' and inserting ``Administrator of'';
(7) by striking subsection (i) and redesignating subsections
(j) and (k) as subsections (i) and (j), respectively;
(8) by striking subsection (l) and redesignating subsections
(m) through (q) as subsections (k) through (o), respectively;
(9) in subsection (j), as so redesignated--
(A) in the subsection heading by striking ``Security
Card'' and inserting ``Worker Identification
Credential''; and
(B) in the heading for paragraph (2) by striking
``security cards'' and inserting ``worker identification
credential'';
(10) in subsection (k)(1), as so redesignated, by striking
``subsection (k)(3)'' and inserting ``subsection (j)(3)'';
(11) by striking paragraph (4) of subsection (k), as so
redesignated; and
(12) in subsection (o), as so redesignated--
(A) in the subsection heading by striking ``Security
Card'' and inserting ``Worker Identification
Credential'';
(B) in paragraph (1)--
(i) by striking ``subsection (k)(3)'' and
inserting ``subsection (j)(3)''; and
(ii) by striking ``This plan shall'' and
inserting ``Such receipt and activation shall'';
and
(C) in paragraph (2) by striking ``on-site
activation capability'' and inserting ``on-site receipt
and activation of transportation worker identification
credentials''.
(b) Clerical Amendment.--The analysis for chapter 701 of title 46,
United States Code, is <<NOTE: 46 USC prec. 70101.>> amended by striking
the item related to section 70105 and inserting the following:
``70105. Transportation worker identification credentials.''.
(c) <<NOTE: 46 USC 70105 note.>> Limitation on Implementation.--The
Secretary may not implement the rule entitled ``Transportation Worker
Identification Credential (TWIC)-Reader Requirements'' (81 Fed. Reg.
57651) for covered facilities before May 8, 2026.
(d) Covered Facilities Defined.--In this section, the term ``covered
facilities'' means--
(1) facilities that handle Certain Dangerous Cargoes in bulk
and transfer such cargoes from or to a vessel;
(2) facilities that handle Certain Dangerous Cargoes in
bulk, but do not transfer it from or to a vessel; and
(3) facilities that receive vessels carrying Certain
Dangerous Cargoes in bulk but, during the vessel-to-facility
interface, do not transfer it from or to the vessel.
SEC. 11805. REINSTATEMENT.
(a) Reinstatement.--The text of section 12(a) of the Act of June 21,
1940 (33 U.S.C. 522(a)), popularly known as the ``Truman-Hobbs Act'',
is--
(1) reinstated as it appeared on the day before the date of
the enactment of section 8507(b) of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 134 Stat. 4754); and
[[Page 136 STAT. 4165]]
(2) redesignated as the sole text of section 12 of the Act
of June 21, 1940 (33 U.S.C. 522).
(b) <<NOTE: 33 USC 522 note.>> Effective Date.--The provision
reinstated under subsection (a) shall be treated as if such section
8507(b) had never taken effect.
(c) Conforming Amendment.--The provision reinstated under subsection
(a) is amended by striking ``, except to the extent provided in this
section''.
SEC. 11806. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying with
the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation for this Act'', submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
SEC. 11807. TECHNICAL AMENDMENT.
(a) In General.--Section 6304 of title 46, United States Code, is
amended--
(1) by striking ``subpena'' and inserting ``subpoena'' each
place it appears; and
(2) in subsection (d) by striking ``subpenas'' and inserting
``subpoenas''.
(b) Clerical Amendment.--The analysis for chapter 63 of title 46,
United States Code, is <<NOTE: 46 USC prec. 6301.>> amended by striking
the item relating to section 6304 and inserting the following:
``6304. Subpoena authority.''.
SEC. 11808. LIGHTHOUSE SERVICE AMENDMENTS.
(a) Repeals.--The following provisions are repealed:
(1) Sections 1, 2, and 3 of the Act of March 6, 1896 (33
U.S.C. 474).
(2) Section 4 of the Act of June 17, 1910 (33 U.S.C. 711;
721).
(3) The first sentence of section 2 of the Act of July 27,
1912 (33 U.S.C. 712).
(4) Section 10 of the Act of June 17, 1910 (33 U.S.C. 713).
(5) Section 6 of the Act of June 17, 1910 (33 U.S.C. 714).
(6) Section 5 of the Act of June 17, 1910 (33 U.S.C. 715).
(7) <<NOTE: 33 USC 719.>> Section 4679 of the Revised
Statutes.
(8) Section 4 of the Act of May 14, 1908 (33 U.S.C. 737).
(9) The first sentence of the sixteenth paragraph of the
section entitled ``Coast Guard'' under the heading ``Treasury
Department'' of the Act of June 5, 1920 (33 U.S.C. 738).
(10) Section 7 of the Act of June 20, 1918 (33 U.S.C. 744).
(11) Section 2 of the Act of May 13, 1938 (33 U.S.C. 748a).
(12) The Act of June 15, 1938 (33 U.S.C. 752b).
(13) The last proviso of the second paragraph of the section
entitled ``Lighthouse Service'' under the heading ``Department
of Commerce'' of the Act of November 4, 1918 (33 U.S.C. 763).
(14) Section 7 of the Act of June 6, 1940 (33 U.S.C. 763a-
2).
[[Page 136 STAT. 4166]]
(15) The last paragraph of the section entitled ``Lighthouse
Service'' under the heading ``Department of Commerce'' of the
Act of March 4, 1921 (33 U.S.C. 764).
(16) Sections 1 and 2 of the Act of March 4, 1925 (33 U.S.C.
765; 766).
(17) Section 5 of the Act of August 19, 1950 (33 U.S.C.
775).
(18) <<NOTE: 14 USC prec. 2501, 2531-2534.>> Subchapter III
of chapter 25 of title 14, United States Code, and the items
relating to such subchapter in the analysis for chapter 25 of
such title.
(b) <<NOTE: 33 USC 714 note.>> Operation of Repeals.--The repeals
under paragraphs (5) and (6) of subsection (a) shall not affect the
operation of section 103 of title 14, United States Code.
(c) Transfer.--Chapter 313 of the Act of September 15, 1922 is
transferred <<NOTE: 33 USC 472; 14 USC 548.>> to appear at the end of
subchapter III of chapter 5 of title 14, United States Code,
redesignated as section 548 of such title, and amended--
(1) by striking ``That hereafter the Commissioner of
Lighthouses'' and insert ``The Commandant of the Coast Guard'';
and
(2) by striking ``Lighthouse Service'' and inserting ``Coast
Guard''.
Approved December 23, 2022.
LEGISLATIVE HISTORY--H.R. 7776:
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HOUSE REPORTS: No. 117-347 (Comm. on Transportation and Infrastructure).
CONGRESSIONAL RECORD, Vol. 168 (2022):
June 7, 8, considered and passed House.
July 28, considered and passed Senate, amended.
Dec. 8, House concurred in Senate amendment with an
amendment pursuant to H. Res. 1512.
Dec. 13-15, Senate considered and concurred in House
amendment.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2022):
Dec. 23, Presidential statement.
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